As Reported by Conference Committee* 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
_________________________________________________________________ 14
A B I L L
To amend sections 9.90, 109.57, 125.05, 125.13, 16
1111.01, 3301.011, 3301.0711, 3301.0714, 3301.17, 17
3301.171, 3301.80, 3301.801, 3301.86, 3301.87,
3301.88, 3301.91, 3302.01, 3302.02, 3302.03, 19
3302.04, 3302.07, 3311.19, 3311.213, 3311.24, 20
3313.376, 3313.603, 3313.608, 3313.61, 3313.611,
3313.612, 3313.613, 3313.981, 3314.02, 3314.03, 22
3314.05, 3314.06, 3314.08, 3314.09, 3314.11,
3314.12, 3314.13, 3315.17, 3316.05, 3316.06, 23
3317.01, 3317.02, 3317.022, 3317.023, 3317.024, 24
3317.029, 3317.0212, 3317.0213, 3317.0216,
3317.03, 3317.033, 3317.05, 3317.051, 3317.11, 25
3317.162, 3317.19, 3317.51, 3318.01, 3318.011, 26
3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 27
3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 28
3318.18, 3318.21, 3318.25, 3318.26, 3318.29,
3318.31, 3318.35, 3319.22, 3319.235, 3332.05, 29
3332.07, 3332.084, 3332.085, 3333.04, 3333.12, 30
3333.27, 3345.22, 3365.01 to 3365.03, 3365.041, 31
3365.05, 3365.07, 3365.09, 3770.01, 3770.06,
4117.101, 5126.12, 5126.16, 5705.29, 5705.412, 33
5747.01, 5910.032, and 5919.34; to enact new 35
sections 3313.974, 3313.975, 3313.976, 3313.977,
3313.978, 3313.979, and 3317.16 and sections 36
2
3301.0726, 3301.311, 3314.011, 3314.012,
3314.013, 3314.021, 3314.071, 3314.15, 3317.014, 38
3318.021, 3318.032, 3318.083, 3318.33, 3318.36,
3324.01 to 3324.07, 3333.29, and 3333.50; and to 39
repeal sections 3313.21, 3313.974, 3313.975, 40
3313.976, 3313.977, 3313.978, 3313.979,
3317.0214, 3317.053, 3317.16, 3318.23, 3318.24, 41
and 3318.27 of the Revised Code and to amend 43
Section 45.32 of Am. Sub. H.B. 117 of the 121st
General Assembly, as subsequently amended; to 44
amend Section 50.52.2 of Am. Sub. H.B. 215 of the 45
122nd General Assembly; to amend Section 18 of 46
Am. Sub. H.B. 650 of the 122nd General Assembly, 47
as subsequently amended; to amend Sections 6, 26, 48
30.07, 30.10, 30.43, and 31 of Am. Sub. H.B. 850
of the 122nd General Assembly; to amend Section 7 49
of Am. Sub. S.B. 102 of the 122nd General 50
Assembly; to repeal Sections 50.52.1, 50.52.3,
50.52.6, 50.52.8, 50.52.11, and 50.52.13 of Am. 51
Sub. H.B. 215 of the 122nd General Assembly; and
to repeal Sections 50.52.4, 50.52.5, 50.52.7, 52
50.52.9, and 50.52.10 of Am. Sub. H.B. 215 of the 53
122nd General Assembly, as subsequently amended,
to make appropriations for education programs for 54
the biennium beginning July 1, 1999, and ending 55
June 30, 2001, and to provide authorization and
conditions for the operation of those programs. 56
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 58
Section 1. That sections 9.90, 109.57, 125.05, 125.13, 60
1111.01, 3301.011, 3301.0711, 3301.0714, 3301.17, 3301.171, 62
3301.80, 3301.801, 3301.86, 3301.87, 3301.88, 3301.91, 3302.01, 63
3302.02, 3302.03, 3302.04, 3302.07, 3311.19, 3311.213, 3311.24, 65
3
3313.376, 3313.603, 3313.608, 3313.61, 3313.611, 3313.612,
3313.613, 3313.981, 3314.02, 3314.03, 3314.05, 3314.06, 3314.08, 67
3314.09, 3314.11, 3314.12, 3314.13, 3315.17, 3316.05, 3316.06, 69
3317.01, 3317.02, 3317.022, 3317.023, 3317.024, 3317.029,
3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.033, 3317.05, 71
3317.051, 3317.11, 3317.162, 3317.19, 3317.51, 3318.01, 3318.011,
3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 3318.13, 3318.14, 73
3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 3318.25, 3318.26, 75
3318.29, 3318.31, 3318.35, 3319.22, 3319.235, 3332.05, 3332.07, 76
3332.084, 3332.085, 3333.04, 3333.12, 3333.27, 3345.22, 3365.01, 77
3365.02, 3365.03, 3365.041, 3365.05, 3365.07, 3365.09, 3770.01,
3770.06, 4117.101, 5126.12, 5126.16, 5705.29, 5705.412, 5747.01, 79
5910.032, and 5919.34 be amended and new sections 3313.974, 80
3313.975, 3313.976, 3313.977, 3313.978, 3313.979, and 3317.16 and 81
sections 3301.0726, 3301.311, 3314.011, 3314.012, 3314.013, 82
3314.021, 3314.071, 3314.15, 3317.014, 3318.021, 3318.032, 85
3318.083, 3318.33, 3318.36, 3324.01, 3324.02, 3324.03, 3324.04, 86
3324.05, 3324.06, 3324.07, 3333.29, and 3333.50 of the Revised 88
Code be enacted to read as follows: 89
Sec. 9.90. (A) The governing board of any public 98
institution of higher education, including without limitation 99
state universities and colleges, community college districts, 100
university branch districts, technical college districts, and 101
municipal universities, or the board of education of any school 102
district, may, in addition to all other powers provided in the 103
Revised Code: 104
(1) Contract for, purchase, or otherwise procure from an 106
insurer or insurers licensed to do business by the state of Ohio 107
for or on behalf of such of its employees as it may determine, 108
life insurance, or sickness, accident, annuity, endowment, 109
health, medical, hospital, dental, or surgical coverage and 110
benefits, or any combination thereof, by means of insurance plans 111
or other types of coverage, family, group or otherwise, and may 112
pay from funds under its control and available for such purpose 113
4
all or any portion of the cost, premium, or charge therefor; FOR 115
SUCH INSURANCE, COVERAGE, OR BENEFITS. HOWEVER, THE GOVERNING
BOARD, IN ADDITION TO OR AS AN ALTERNATIVE TO THE AUTHORITY 116
OTHERWISE GRANTED BY DIVISION (A)(1) OF THIS SECTION, MAY ELECT 117
TO PROCURE COVERAGE FOR HEALTH CARE SERVICES, FOR OR ON BEHALF OF 118
SUCH OF ITS EMPLOYEES AS IT MAY DETERMINE, BY MEANS OF POLICIES, 119
CONTRACTS, CERTIFICATES, OR AGREEMENTS ISSUED BY AT LEAST TWO 120
HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY 121
UNDER CHAPTER 1751. OF THE REVISED CODE AND MAY PAY FROM FUNDS 123
UNDER THE GOVERNING BOARD'S CONTROL AND AVAILABLE FOR SUCH 124
PURPOSE ALL OR ANY PORTION OF THE COST OF SUCH COVERAGE. 125
(2) Make payments to a custodial account for investment in 127
regulated investment company stock for the purpose of providing 128
retirement benefits as described in section 403(b)(7) of the 129
Internal Revenue Code of 1954, as amended. Such stock shall be 130
purchased only from persons authorized to sell such stock in this 131
state. 132
Any income of an employee deferred under divisions (A)(1) 134
and (2) of this section in a deferred compensation program 135
eligible for favorable tax treatment under the Internal Revenue 136
Code of 1954, as amended, shall continue to be included as 137
regular compensation for the purpose of computing the 138
contributions to and benefits from the retirement system of such 139
employee. Any sum so deferred shall not be included in the 140
computation of any federal and state income taxes withheld on 141
behalf of any such employee. 142
(B) All or any portion of the cost, premium, or charge 144
therefor may be paid in such other manner or combination of 145
manners as the governing board or the school board may determine, 146
including direct payment by the employee in cases under division 147
(A)(1) of this section, and, if authorized in writing by the 148
employee in cases under division (A)(1) or (2) of this section, 149
by such governing board or school board with moneys made 150
available by deduction from or reduction in salary or wages or by 151
5
the foregoing of a salary or wage increase. Division (B)(7) of 152
section 3917.01 and the last paragraph of section 3917.06 of the 153
Revised Code shall not prohibit the issuance or purchase of group 154
life insurance authorized by this section by reason of payment of 155
premiums therefor by the governing board or the school board from 156
its funds, and such group life insurance may be so issued and 157
purchased if otherwise consistent with the provisions of sections 158
3917.01 to 3917.07 of the Revised Code. 159
Sec. 109.57. (A)(1) The superintendent of the bureau of 168
criminal identification and investigation shall procure from 169
wherever procurable and file for record photographs, pictures, 171
descriptions, fingerprints, measurements, and other information 172
that may be pertinent of all persons who have been convicted of 173
committing within this state a felony, any crime constituting a 175
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 177
section 109.572 of the Revised Code, of all children under 178
eighteen years of age who have been adjudicated delinquent 179
children for committing within this state an act that would be a 180
felony or an offense of violence if committed by an adult or who 181
have been convicted of or pleaded guilty to committing within 183
this state a felony or an offense of violence, and of all 184
well-known and habitual criminals. The person in charge of any 186
county, multicounty, municipal, municipal-county, or 187
multicounty-municipal jail or workhouse, community-based 188
correctional facility, halfway house, alternative residential 189
facility, or state correctional institution and the person in 190
charge of any state institution having custody of a person 191
suspected of having committed a felony, any crime constituting a 193
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 195
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 196
probable cause to believe that the child may have committed an 198
6
act that would be a felony or an offense of violence if committed 200
by an adult shall furnish such material to the superintendent of 202
the bureau. Fingerprints, photographs, or other descriptive 204
information of a child who is under eighteen years of age, has 205
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 207
committed by an adult, has not been adjudicated a delinquent 208
child for committing an act that would be a felony or an offense 209
of violence if committed by an adult, has not been convicted of 210
or pleaded guilty to committing a felony or an offense of 213
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 215
act that would be a felony or an offense of violence if committed 217
by an adult shall not be procured by the superintendent or 218
furnished by any person in charge of any county, multicounty, 220
municipal, municipal-county, or multicounty-municipal jail or 221
workhouse, community-based correctional facility, halfway house, 222
alternative residential facility, or state correctional 223
institution, except as authorized in section 2151.313 of the 224
Revised Code.
(2) Every clerk of a court of record in this state, other 227
than the supreme court or a court of appeals, shall send to the 228
superintendent of the bureau a weekly report containing a summary 230
of each case involving a felony, involving any crime constituting 231
a misdemeanor on the first offense and a felony on subsequent 233
offenses, involving a misdemeanor described in division (A)(1)(a) 234
of section 109.572 of the Revised Code, or involving an 235
adjudication that a child under eighteen years of age is a 236
delinquent child for committing an act that would be a felony or 239
an offense of violence if committed by an adult. The clerk of 241
the court of common pleas shall include in the report and summary
the clerk sends under this division all information described in 242
divisions (A)(2)(a) to (f) of this section regarding a case 244
before the court of appeals that is served by that clerk. The 245
7
summary shall be written on the standard forms furnished by the 246
superintendent pursuant to division (B) of this section and shall 247
include the following information: 248
(a) The incident tracking number contained on the standard 250
forms furnished by the superintendent pursuant to division (B) of 251
this section; 252
(b) The style and number of the case; 254
(c) The date of arrest; 256
(d) The date that the person was convicted of or pleaded 258
guilty to the offense, adjudicated a delinquent child for 259
committing the act that would be a felony or an offense of 262
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 263
act that would be a felony or an offense of violence if committed 266
by an adult, the date of an entry dismissing the charge, an entry 268
declaring a mistrial of the offense in which the person is 269
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 270
date of any other determination that constitutes final resolution 271
of the case;
(e) A statement of the original charge with the section of 273
the Revised Code that was alleged to be violated; 274
(f) If the person or child was convicted, pleaded guilty, 276
or was adjudicated a delinquent child, the sentence or terms of 278
probation imposed or any other disposition of the offender or the 279
delinquent child.
If the offense involved the disarming of a law enforcement 281
officer or an attempt to disarm a law enforcement officer, the 282
clerk shall clearly state that fact in the summary, and the 283
superintendent shall ensure that a clear statement of that fact 284
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 286
sheriffs, chiefs of police, and other law enforcement officers in 288
the establishment of a complete system of criminal identification 289
8
and in obtaining fingerprints and other means of identification 290
of all persons arrested on a charge of a felony, any crime 291
constituting a misdemeanor on the first offense and a felony on 292
subsequent offenses, or a misdemeanor described in division 293
(A)(1)(a) of section 109.572 of the Revised Code and of all 294
children under eighteen years of age arrested or otherwise taken 296
into custody for committing an act that would be a felony or an 298
offense of violence if committed by an adult. The superintendent 300
also shall file for record the fingerprint impressions of all 301
persons confined in a county, multicounty, municipal, 302
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 304
residential facility, or state correctional institution for the 305
violation of state laws and of all children under eighteen years 307
of age who are confined in a county, multicounty, municipal, 308
municipal-county, or multicounty-municipal jail or workhouse, 309
community-based correctional facility, halfway house, alternative 310
residential facility, or state correctional institution or in any 312
facility for delinquent children for committing an act that would 314
be a felony or an offense of violence if committed by an adult, 315
and any other information that the superintendent may receive 317
from law enforcement officials of the state and its political 318
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 320
the Revised Code with respect to the registration of persons who 323
are convicted of or plead guilty to a sexually oriented offense 324
and with respect to all other duties imposed on the bureau under 325
that chapter.
(B) The superintendent shall prepare and furnish to every 327
county, multicounty, municipal, municipal-county, or 328
multicounty-municipal jail or workhouse, community-based 329
correctional facility, halfway house, alternative residential 330
facility, or state correctional institution and to every clerk of 331
a court in this state specified in division (A)(2) of this 332
9
section standard forms for reporting the information required 333
under division (A) of this section. The standard forms that the 335
superintendent prepares pursuant to this division may be in a 336
tangible format, in an electronic format, or in both tangible 337
formats and electronic formats.
(C) The superintendent may operate a center for 339
electronic, automated, or other data processing for the storage 340
and retrieval of information, data, and statistics pertaining to 341
criminals and to children under eighteen years of age who are 342
adjudicated delinquent children for committing an act that would 344
be a felony or an offense of violence if committed by an adult, 345
criminal activity, crime prevention, law enforcement, and 348
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 349
data, and statistics for the use of law enforcement agencies. 350
The superintendent may gather, store, retrieve, and disseminate 352
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 353
sections 109.57 to 109.61 of the Revised Code together with 354
information, data, and statistics that pertain to adults and that 355
are gathered pursuant to those sections. 356
(D) The information and materials furnished to the 358
superintendent pursuant to division (A) of this section and 359
information and materials furnished to any board or person under 360
division (F) or (G) of this section are not public records under 361
section 149.43 of the Revised Code. 362
(E) The attorney general shall adopt rules, in accordance 364
with Chapter 119. of the Revised Code, setting forth the 365
procedure by which a person may receive or release information 366
gathered by the superintendent pursuant to division (A) of this 368
section. A reasonable fee may be charged for this service. If a 369
temporary employment service submits a request for a 370
determination of whether a person the service plans to refer to 371
an employment position has been convicted of or pleaded guilty to 372
10
an offense listed in division (A)(1), (3), (4), or (5) of section 373
109.572 of the Revised Code, the request shall be treated as a 374
single request and only one fee shall be charged. 375
(F)(1) As used in division (F)(2) of this section, "head 377
start agency" means an entity in this state that has been 378
approved to be an agency for purposes of subchapter II of the 379
"Community Economic Development Act," 95 Stat. 489 (1981), 42 380
U.S.C.A. 9831, as amended. 381
(2)(a) In addition to or in conjunction with any request 383
that is required to be made under section 109.572, 2151.86, 384
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 385
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 386
education of any school district; any county board of mental 387
retardation and developmental disabilities; any entity under 388
contract with a county board of mental retardation and 389
developmental disabilities; the chief administrator of any 390
chartered nonpublic school; the chief administrator of any home 391
health agency; the chief administrator of or person operating any 392
child day-care center, type A family day-care home, or type B 393
family day-care home licensed or certified under Chapter 5104. of 394
the Revised Code; the administrator of any type C family day-care 395
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 396
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 397
general assembly; the chief administrator of any head start 398
agency; or the executive director of a public children services 399
agency may request that the superintendent of the bureau 400
investigate and determine, with respect to any individual who has 401
applied for employment in any position after October 2, 1989, or 402
any individual wishing to apply for employment with a board of 403
education may request, with regard to the individual, whether the 405
bureau has any information gathered under division (A) of this 406
section that pertains to that individual. On receipt of the 407
request, the superintendent shall determine whether that 408
information exists and, upon request of the person, board, or 409
11
entity requesting information, also shall request from the 410
federal bureau of investigation any criminal records it has 411
pertaining to that individual. Within thirty days of the date 412
that the superintendent receives a request, the superintendent 414
shall send to the board, entity, or person a report of any 415
information that the superintendent determines exists, including 417
information contained in records that have been sealed under 418
section 2953.32 of the Revised Code, and, within thirty days of 419
its receipt, shall send the board, entity, or person a report of 420
any information received from the federal bureau of 421
investigation, other than information the dissemination of which 422
is prohibited by federal law.
(b) When a board of education is required to receive 424
information under this section as a prerequisite to employment of 425
an individual pursuant to section 3319.39 of the Revised Code, it 426
may accept a certified copy of records that were issued by the 428
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 429
district in lieu of requesting that information itself. In such 430
a case, the board shall accept the certified copy issued by the 431
bureau in order to make a photocopy of it for that individual's 432
employment application documents and shall return the certified 433
copy to the individual. In a case of that nature, a district 434
only shall accept a certified copy of records of that nature 435
within one year after the date of their issuance by the bureau. 437
(3) The state board of education may request, with respect 439
to any individual who has applied for employment after October 2, 440
1989, in any position with the state board or the department of 441
education, any information that a school district board of 442
education is authorized to request under division (F)(2) of this 444
section, and the superintendent of the bureau shall proceed as if 445
the request has been received from a school district board of 446
education under division (F)(2) of this section. 447
(4) When the superintendent of the bureau receives a 449
12
request for information that is authorized under section 3319.291 450
of the Revised Code, the superintendent shall proceed as if the 451
request has been received from a school district board of 452
education under division (F)(2) of this section. 453
(5) When a recipient of an OhioReads classroom or 456
community reading grant paid under section 3301.86 or 3301.87 of 458
the Revised Code OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL 460
requests, with respect to any individual who applies to 461
participate in providing any program or service THROUGH AN ENTITY 463
APPROVED BY THE OHIOREADS COUNCIL OR funded in whole or in part 466
by the grant, the information that a school district board of
education is authorized to request under division (F)(2)(a) of 468
this section, the superintendent of the bureau shall proceed as 469
if the request has been received from a school district board of 471
education under division (F)(2)(a) of this section. 472
(G) In addition to or in conjunction with any request that 475
is required to be made under section 173.41, 3701.881, 3712.09, 476
3721.121, or 3722.151 of the Revised Code with respect to an 478
individual who has applied for employment in a position that 479
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 480
the PASSPORT program created under section 173.40 of the Revised 481
Code, home health agency, hospice care program, home licensed 483
under Chapter 3721. of the Revised Code, adult day-care program 484
operated pursuant to rules adopted under section 3721.04 of the 485
Revised Code, or adult care facility may request that the 487
superintendent of the bureau investigate and determine, with 488
respect to any individual who has applied after January 27, 1997, 490
for employment in a position that does not involve providing 491
direct care to an older adult, whether the bureau has any 492
information gathered under division (A) of this section that 493
pertains to that individual. On receipt of the request, the 494
superintendent shall determine whether that information exists 495
and, on request of the administrator requesting information, 496
13
shall also request from the federal bureau of investigation any 497
criminal records it has pertaining to that individual. Within 498
thirty days of the date a request is received, the superintendent 499
shall send to the administrator a report of any information 501
determined to exist, including information contained in records 502
that have been sealed under section 2953.32 of the Revised Code, 503
and, within thirty days of its receipt, shall send the 504
administrator a report of any information received from the 505
federal bureau of investigation, other than information the 506
dissemination of which is prohibited by federal law. 507
(H) Information obtained by a board, administrator, or 510
other person under this section is confidential and shall not be 511
released or disseminated.
(I) The superintendent may charge a reasonable fee for 513
providing information or criminal records under division (F)(2) 514
or (G) of this section. 515
Sec. 125.05. Except as provided in division (E) of this 524
section, no state agency shall purchase any supplies or services 526
except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state 528
agency may, without competitive selection, make any purchase of 529
services that cost fifty thousand dollars or less or any purchase 530
of supplies that cost twenty-five thousand dollars or less. The 531
agency may make the purchase directly or may make the purchase 532
from or through the department of administrative services,
whichever the agency determines. The department shall establish 535
written procedures to assist state agencies when they make direct 537
purchases. If the agency makes the purchase directly, it shall 538
make the purchase by a term contract whenever possible.
(B) Subject to division (D) of this section, a state 540
agency wanting to purchase services that cost more than fifty 542
thousand dollars or supplies that cost more than twenty-five 543
thousand dollars shall, unless otherwise authorized by law, make
the purchase from or through the department. The department 544
14
shall make the purchase by competitive selection under section 545
125.07 of the Revised Code. If the director of administrative 546
services determines that it is not possible or not advantageous 547
to the state for the department to make the purchase, the 548
department shall grant the agency a release and permit under
section 125.06 of the Revised Code to make the purchase. Section 549
127.16 of the Revised Code does not apply to purchases the 550
department makes under this section. 551
(C) An agency that has been granted a release and permit 553
to make a purchase may make the purchase without competitive 554
selection if after making the purchase the cumulative purchase 555
threshold as computed under division (F) of section 127.16 of the 556
Revised Code would:
(1) Be exceeded and the controlling board approves the 558
purchase;
(2) Not be exceeded and the department of administrative 560
services approves the purchase. 561
(D) Not later than January 31, 1997, the amounts specified 564
in divisions (A) and (B) of this section and, not later than the 565
thirty-first day of January of each second year thereafter, any 566
amounts computed by adjustments made under this division, shall 567
be increased or decreased by the average percentage increase or
decrease in the consumer price index prepared by the United 568
States bureau of labor statistics (U.S. City Average for Urban 570
Wage Earners and Clerical Workers: "All Items 1982-1984=100") 571
for the twenty-four calendar month period prior to the
immediately preceding first day of January over the immediately 572
preceding twenty-four calendar month period, as reported by the 573
bureau. The director of administrative services shall make this 574
determination and adjust the appropriate amounts accordingly. 575
(E) If the office of information, learning, and technology 577
services; OHIO SCHOOLNET COMMISSION, the department of 579
education;, or the Ohio education computer network determines 581
that it can purchase software services or supplies for specified 582
15
school districts at a price less than the price for which the
districts could purchase the same software services or supplies 583
for themselves, the office, department, or network shall certify 584
that fact to the department of administrative services and, 585
acting as an agent for the specified school districts, shall make 586
that purchase without following the provisions in divisions (A) 587
through TO (D) of this section.
Sec. 125.13. (A) Except as otherwise provided in section 596
5139.03 of the Revised Code, whenever a state agency determines 597
that it has excess or surplus supplies, it shall notify the 598
director of administrative services. Upon request by the 599
director and on forms provided by the director, the state agency 600
shall furnish to the director a list of all those excess and 601
surplus supplies and an appraisal of their value. 603
(B) The director of administrative services shall take 605
immediate control of a state agency's excess and surplus 607
supplies, except for the following excess and surplus supplies: 609
(1) Excess or surplus supplies that have a value below the 611
minimum value that the director establishes for excess and 612
surplus supplies under division (E) of this section; 613
(2) Excess or surplus supplies that the director has 615
authorized an agency to donate to a public entity, including, but 616
not limited to, public schools and surplus computers and computer 617
equipment transferred to a public school under division (G) of 618
this section;
(3) Excess or surplus supplies that an agency trades in as 620
full or partial payment when purchasing a replacement item; 621
(4) Hazardous property. 623
(C) The director shall inventory excess and surplus 626
supplies in the director's control and may have the supplies 628
repaired.
(D) The director may do either of the following: 630
(1) Dispose of declared surplus or excess supplies in the 633
director's control by sale, lease, donation, or transfer. If the 636
16
director does so, the director shall dispose of those supplies in 637
the following order of priority: 639
(a) To state agencies; 641
(b) To state-supported or state-assisted institutions of 643
higher education; 644
(c) To tax-supported agencies, municipal corporations, or 646
other political subdivisions of this state; 647
(d) TO NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS 649
CHARTERED BY THE STATE BOARD OF EDUCATION UNDER SECTION 3301.16 650
OF THE REVISED CODE;
(e) To the general public by auction, sealed bid, or 652
negotiation. 653
(2) If the director has attempted to dispose of any 655
declared surplus or excess motor vehicle that does not exceed 656
four thousand five hundred dollars in value pursuant to divisions 657
(D)(1)(a) to (c) of this section, donate the motor vehicle to a 659
nonprofit organization exempt from federal income taxation 660
pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of 661
meeting the transportation needs of participants in the Ohio 662
works first program established under Chapter 5107. of the 663
Revised Code and participants in the prevention, retention, and 664
contingency program established under Chapter 5108. of the 665
Revised Code. The director may not donate a motor vehicle 666
furnished to the state highway patrol to a nonprofit organization 667
pursuant to this division.
(E) The director may adopt rules governing the sale, 669
lease, or transfer of surplus and excess supplies in the 670
director's control by public auction, sealed bid, or negotiation, 672
except that no employee of the disposing agency shall be allowed 673
to purchase, lease, or receive any such supplies. The director 674
may dispose of declared surplus or excess supplies, including 675
motor vehicles, in the director's control as the director 677
determines proper if such supplies cannot be disposed of pursuant 679
to division (D) of this section. The director shall by rule 681
17
establish a minimum value for excess and surplus supplies and
prescribe procedures for a state agency to follow in disposing of 683
excess and surplus supplies in its control that have a value 684
below the minimum value established by the director. 686
(F) No state-supported or state-assisted institution of 688
higher education, tax-supported agency, municipal corporation, or 689
other political subdivision of this state shall sell, lease, or 690
transfer excess or surplus supplies acquired under this section 691
to private entities or the general public at a price greater than 692
the price it originally paid for those supplies. 693
(G) The director of administrative services may authorize 695
any state agency to transfer surplus computers and computer 696
equipment that are not needed by other state agencies directly to 697
an accredited public school within the state. The computers and 698
computer equipment may be repaired or refurbished prior to 699
transfer. The state agency may charge a service fee to the 700
public schools for the property not to exceed the direct cost of
repairing or refurbishing it. The state agency shall deposit 701
such funds into the account used for repair or refurbishment. 702
Sec. 1111.01. As used in this chapter: 711
(A) "Charitable trust" means a charitable remainder 713
annuity trust as defined in section 664(d) of the Internal 714
Revenue Code, a charitable remainder unitrust as defined in 715
section 664(d) of the Internal Revenue Code, a charitable lead or 716
other split interest trust subject to the governing instrument 717
requirements of section 508(e) of the Internal Revenue Code, a 718
pooled income fund as defined in section 642(c) of the Internal
Revenue Code, a trust that is a private foundation as defined in 719
section 509 of the Internal Revenue Code, or a trust of which 720
each beneficiary is a charity. 721
For purposes of this division and division DIVISIONS (B) 723
AND (G) of this section, "Internal Revenue Code" means the 725
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, 726
as amended.
18
(B) "Charity" means a state university as defined in 728
section 3345.011 of the Revised Code, a community college as 730
defined in section 3354.01 of the Revised Code, a technical
college as defined in section 3357.01 of the Revised Code, a 731
state community college as defined in section 3358.01 of the 732
Revised Code, a private college or university that possesses a 733
certificate of authorization issued by the Ohio board of regents 734
pursuant to Chapter 1713. of the Revised Code, a trust or 735
organization exempt from taxation under section 501(c)(3) or 736
section 501(c)(13) of the Internal Revenue Code, or a 738
corporation, trust, or organization described in section 739
170(c)(2) of the Internal Revenue Code. The term "charities" 740
means more than one trust or organization that is a charity.
(C) "Collective investment fund" means a fund established 742
by a trust company or an affiliate of a trust company for the 743
collective investment of assets held in a fiduciary capacity, 744
either alone or with one or more cofiduciaries, by the 745
establishing trust company and its affiliates.
(D) "Fiduciary investment company" means a corporation 747
that is both of the following: 748
(1) An investment company; 750
(2) Incorporated, owned, and operated in accordance with 752
rules adopted by the superintendent of financial institutions for 753
the investment of funds held by trust companies in a fiduciary 754
capacity and for true fiduciary purposes, either alone or with 755
one or more cofiduciaries.
(E) "Instrument" includes any will, declaration of trust, 757
agreement of trust, agency, or custodianship, or court order 758
creating a fiduciary relationship. 759
(F) "Investment company" means any investment company as 761
defined in section 3 and registered under section 8 of the 762
"Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3 764
and 80a-8.
(G) "Trust business" means accepting and executing trusts 766
19
of property, serving as a trustee, executor, administrator, 767
guardian, receiver, or conservator, and providing fiduciary 768
services as a business. "Trust business" does not include any of 769
the following:
(1) Any natural person acting as a trustee, executor, 771
administrator, guardian, receiver, or conservator pursuant to 773
appointment by a court of competent jurisdiction;
(2) Any natural person serving as a trustee who does not 776
hold self out to the public as willing to act as a trustee for
hire. For purposes of division (G) of this section, the 778
solicitation or advertisement of legal or accounting services by 779
a person licensed in this state as an attorney or a person 780
holding an Ohio permit to practice public accounting issued under 781
division (A) of section 4701.10 of the Revised Code shall not be 782
considered to be the act of holding self out to the public as 783
willing to act as a trustee for hire. 784
(3) A charity, an officer or employee of a charity, or a 787
person affiliated with a charity, serving as trustee of a 788
charitable trust of which the charity, or another charity with a
similar purpose, is a beneficiary; 789
(4) A NONPROFIT CORPORATION FORMED UNDER CHAPTER 1702. OF 791
THE REVISED CODE SERVING AS TRUSTEE OF A TRUST THE BENEFICIARY OF 792
WHICH IS AN ENTITY DESCRIBED IN SECTION 170(c)(1) OF THE INTERNAL 793
REVENUE CODE, PROVIDED THE NONPROFIT CORPORATION DOES NOT RECEIVE 794
ANY COMPENSATION FOR SERVING AS TRUSTEE OF THE TRUST; 795
(5) Other fiduciary activities the superintendent 797
determines are not undertaken as a business. 798
Sec. 3301.011. As used in Title XXXIII of the Revised 808
Code, "total student count" for any school district means the 809
average number of students enrolled during the first full school 810
week of October in a school district in grades kindergarten 811
through twelve, including students with dual enrollment in a 812
joint vocational or cooperative education district THAT WEEK, and 813
the total number of students enrolled in preschool handicapped 815
20
units ON THE FIRST DAY OF DECEMBER in the district. 816
Sec. 3301.0711. (A) The department of education shall: 825
(1) Annually furnish, grade, and score all tests required 827
by section 3301.0710 of the Revised Code to city, local, and 828
exempted village school districts; 829
(2) Adopt rules for the ethical use of tests and 831
prescribing the manner in which the tests prescribed by section 832
3301.0710 of the Revised Code shall be administered to students. 833
(B) Except as provided in divisions (C) and (J)(2) of this 835
section, the board of education of each city, local, and exempted 836
village school district shall, in accordance with rules adopted 837
under division (A) of this section: 838
(1) Administer the test prescribed under division (A)(1) 840
of section 3301.0710 of the Revised Code to measure skill in 841
reading as follows:
(a) For students entering fourth grade in school years 844
that start prior to July 1, 2001, at least once annually to all 845
students in the fourth grade; 846
(b) For students entering fourth grade beginning with the 849
school year that starts July 1, 2001, twice annually to all 851
students in the fourth grade who have not attained the score
designated for that test under division (A)(1) of section 852
3301.0710 of the Revised Code and once each summer to students 854
receiving summer remediation services under division (B)(3) of 855
section 3313.608 of the Revised Code.
(2) Administer the tests prescribed under division (A)(1) 857
of section 3301.0710 of the Revised Code to measure skill in 858
writing, mathematics, science, and citizenship at least once 859
annually to all students in the fourth grade. 860
(3) Administer the tests prescribed under division (A)(2) 863
of section 3301.0710 of the Revised Code at least once annually 864
to all students in the sixth grade. 865
(4) Administer any tests prescribed under division (A)(3) 867
of section 3301.0710 of the Revised Code at least once annually 868
21
to any student in the twelfth grade who, on all the tests 869
prescribed under division (B) of that section, has attained the 870
applicable scores designated under such division prior to the 871
first day of January of that year. 872
(5) Administer any test prescribed under division (B) of 874
section 3301.0710 of the Revised Code as follows: 875
(a) At least once annually, subsequent to the fifteenth 878
day of March, to all tenth grade students and at least twice 879
annually to all students in eleventh or twelfth grade who have 881
not yet attained the score on that test designated under that 882
division;
(b) To any person who has successfully completed the 884
curriculum in any high school or the individualized education 885
program developed for the person by any high school pursuant to 886
section 3323.08 of the Revised Code but has not received a high 887
school diploma and who requests to take such test, at any time 888
such test is administered in the district. 889
(C)(1) Any student receiving special education services 891
under Chapter 3323. of the Revised Code shall be excused from 892
taking any particular test required to be administered under this 893
section if the individualized education program developed for the 894
student pursuant to section 3323.08 of the Revised Code excuses 895
the student from taking that test. In the case of any student so 896
excused from taking a test, the school district board of 897
education shall not prohibit the student from taking the test. 899
Any student enrolled in a chartered nonpublic school who has been 900
identified, based on an evaluation conducted in accordance with 901
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 902
amended, as a child with a disability shall be excused from 903
taking any particular test required to be administered under this 904
section if a plan developed for the student pursuant to rules 905
adopted by the state board excuses the student from taking that 906
test. In the case of any student so excused from taking a test,
22
the chartered nonpublic school shall not prohibit the student 907
from taking the test. 908
(2) A district board may, for medical reasons or other 910
good cause, excuse a student from taking a test administered 911
under this section on the date scheduled, but any such test shall 912
be administered to such excused student not later than fifteen 913
days following the scheduled date. The board shall annually 914
report the number of students who have not taken one or more of 915
the tests required by this section to the state board of 916
education not later than the thirtieth day of June. 918
(3) AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT" 920
MEANS A STUDENT WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO HAS 923
BEEN ENROLLED IN UNITED STATES SCHOOLS FOR LESS THAN TWO FULL 924
SCHOOL YEARS.
NO ENGLISH-LIMITED STUDENT SHALL BE REQUIRED TO TAKE ANY 926
TEST ADMINISTERED UNDER THIS SECTION. HOWEVER, NO DISTRICT BOARD 928
OR GOVERNING AUTHORITY OF A CHARTERED NONPUBLIC SCHOOL SHALL 929
PROHIBIT AN ENGLISH-LIMITED STUDENT FROM TAKING A TEST. 931
(D) In the school year next succeeding the school year in 934
which the tests prescribed by division (A)(1) of section 935
3301.0710 of the Revised Code are administered to any student, 936
the board of education of any school district in which the 937
student is enrolled in that year shall provide intervention 938
services to the student in any skill in which the student failed 939
on those tests to demonstrate at least fourth-grade levels of 940
literacy and basic competency. This division does not apply to 941
any student receiving services pursuant to an individualized 942
education program developed for the student pursuant to section 943
3323.08 of the Revised Code. 944
(E) Except as provided in section 3313.608 of the Revised 946
Code and division (M) of this section, no school district board 948
of education shall permit any student to be denied promotion to a 949
higher grade level solely because of the student's failure to 950
attain a specified score on any test administered under this 951
23
section. HOWEVER, A DISTRICT BOARD MAY CHOOSE NOT TO PROMOTE TO 952
THE NEXT GRADE LEVEL ANY STUDENT WHO DOES NOT TAKE ANY 953
PROFICIENCY TEST ADMINISTERED UNDER THIS SECTION OR MAKE UP SUCH
TEST AS PROVIDED BY DIVISION (C)(2) OF THIS SECTION AND WHO IS 954
NOT EXEMPTED FROM THE REQUIREMENT TO TAKE THE TEST UNDER DIVISION 955
(C)(1) OR (3) OF THIS SECTION. 956
(F) No person shall be charged a fee for taking any test 958
administered under this section. 959
(G) Not later than sixty days after any administration of 961
any test prescribed by section 3301.0710 of the Revised Code, the 962
department shall send to each school district board a list of the 963
individual test scores of all persons taking the test. 964
(H) Individual test scores on any tests administered under 966
this section shall be released by a district board only in 967
accordance with section 3319.321 of the Revised Code and the 968
rules adopted under division (A) of this section. No district 969
board or its employees shall utilize individual or aggregate test 970
results in any manner that conflicts with rules for the ethical 971
use of tests adopted pursuant to division (A) of this section. 972
(I) Except as provided in division (G) of this section, 974
the department shall not release any individual test scores on 975
any test administered under this section and shall adopt rules to 976
ensure the protection of student confidentiality at all times. 977
(J) Notwithstanding division (D) of section 3311.19 and 979
division (D) of section 3311.52 of the Revised Code, this section 980
does not apply to the board of education of any joint vocational 981
or cooperative education school district except as provided under 982
rules adopted pursuant to this division. 983
(1) In accordance with rules that the state board of 985
education shall adopt, the board of education of any city, 986
exempted village, or local school district with territory in a 987
joint vocational school district or a cooperative education 988
school district established pursuant to divisions (A) to (C) of 989
section 3311.52 of the Revised Code may enter into an agreement 990
24
with the board of education of the joint vocational or 991
cooperative education school district for administering any test 992
prescribed under this section to students of the city, exempted 993
village, or local school district who are attending school in the 994
joint vocational or cooperative education school district. 995
(2) In accordance with rules that the state board of 997
education shall adopt, the board of education of any city, 998
exempted village, or local school district with territory in a 999
cooperative education school district established pursuant to 1,000
section 3311.521 of the Revised Code shall enter into an 1,001
agreement with the cooperative district that provides for the 1,002
administration of any test prescribed under this section to both 1,003
of the following: 1,004
(a) Students who are attending school in the cooperative 1,006
district and who, if the cooperative district were not 1,007
established, would be entitled to attend school in the city, 1,008
local, or exempted village school district pursuant to section 1,009
3313.64 or 3313.65 of the Revised Code; 1,010
(b) Persons described in division (B)(5)(b) of this 1,012
section. 1,013
Any testing of students pursuant to such an agreement shall 1,015
be in lieu of any testing of such students or persons pursuant to 1,016
this section. 1,017
(K)(1) Any chartered nonpublic school may participate in 1,019
the testing program by administering any of the tests prescribed 1,020
by section 3301.0710 of the Revised Code if the chief 1,021
administrator of the school specifies which tests the school 1,022
wishes to administer. Such specification shall be made in 1,023
writing to the superintendent of public instruction prior to the 1,024
first day of August of any school year in which tests are 1,025
administered and shall include a pledge that the nonpublic school 1,026
will administer the specified tests in the same manner as public 1,027
schools are required to do under this section and rules adopted 1,028
by the department. 1,029
25
(2) The department of education shall furnish the tests 1,031
prescribed by section 3301.0710 of the Revised Code to any 1,032
chartered nonpublic school electing to participate under this 1,033
division. 1,034
(L)(1) Except as provided in division (L)(3) of this 1,036
section, the superintendent of the state school for the blind and 1,037
the superintendent of the state school for the deaf shall 1,038
administer the tests described by section 3301.0710 of the 1,039
Revised Code. Each superintendent shall administer the tests in 1,040
the same manner as district boards are required to do under this 1,041
section and rules adopted by the department of education. 1,042
(2) The department of education shall furnish the tests 1,044
described by section 3301.0710 of the Revised Code to each 1,045
superintendent. 1,046
(3) Any student enrolled in the state school for the blind 1,048
or the state school for the deaf shall be excused from taking any 1,049
particular test required to be administered under division (L)(1) 1,050
of this section if the individualized education program developed 1,051
for the student pursuant to section 3323.08 of the Revised Code 1,052
excuses the student from taking that test. In the case of any 1,053
student so excused from taking a test, the superintendent of the 1,054
school shall not prohibit the student from taking the test. 1,055
(M) Notwithstanding division (E) of this section, 1,057
beginning July 1, 1999, a school district may retain any student 1,060
for an additional year in such student's current grade level if
such student has failed to attain the designated scores on three 1,062
or more of the five tests described by division (A)(1) or (2) of 1,063
section 3301.0710 of the Revised Code. 1,064
This division does not supersede the requirements of 1,066
section 3313.608 of the Revised Code. 1,067
(N)(1) All proficiency tests required by section 3301.0710 1,070
of the Revised Code shall become public records pursuant to
section 149.43 of the Revised Code on the first day of July 1,072
following the school year that the test was administered. 1,073
26
(2) The department may field test proposed proficiency 1,075
test questions with samples of students to determine the 1,076
validity, reliability, or appropriateness of test questions for 1,077
possible inclusion in a future year's proficiency test.
Field test questions shall not be considered in computing 1,079
test scores for individual students. Field test questions may be 1,080
included as part of the administration of any proficiency test 1,081
required by section 3301.0710 of the Revised Code. 1,082
(3) Any field test question administered under division 1,084
(N)(2) of this section shall not be a public record. Such field 1,085
test questions shall be redacted from any proficiency tests which 1,086
are released as a public record pursuant to division (N)(1) of 1,087
this section. 1,088
Sec. 3301.0714. (A) The state board of education shall 1,097
adopt rules for a statewide education management information 1,098
system. The rules shall require the state board to establish 1,100
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this 1,101
section. The guidelines shall include: 1,102
(1) Standards identifying and defining the types of data 1,104
in the system in accordance with divisions (B) and (C) of this 1,105
section; 1,106
(2) Procedures for annually collecting and reporting the 1,108
data to the state board in accordance with division (D) of this 1,110
section;
(3) Procedures for annually compiling the data in 1,112
accordance with division (G) of this section; 1,113
(4) Procedures for annually reporting the data to the 1,115
public in accordance with division (H) of this section. 1,116
(B) The guidelines adopted under this section shall 1,118
require the data maintained in the education management 1,119
information system to include at least the following: 1,120
(1) Student participation and performance data, for each 1,122
grade in each school district as a whole and for each grade in 1,123
27
each school building in each school district, that includes: 1,125
(a) The numbers of students receiving each category of 1,127
instructional service offered by the school district, such as 1,128
regular education instruction, vocational education instruction, 1,129
specialized instruction programs or enrichment instruction that 1,130
is part of the educational curriculum, instruction for gifted 1,131
students, instruction for handicapped students, and remedial 1,132
instruction. The guidelines shall require instructional services 1,133
under this division to be divided into discrete categories if an 1,134
instructional service is limited to a specific subject, a 1,135
specific type of student, or both, such as regular instructional 1,136
services in mathematics, remedial reading instructional services, 1,137
instructional services specifically for students gifted in 1,138
mathematics or some other subject area, or instructional services 1,139
for students with a specific type of handicap. The categories of 1,140
instructional services required by the guidelines under this 1,141
division shall be the same as the categories of instructional 1,142
services used in determining cost units pursuant to division 1,143
(C)(3) of this section. 1,144
(b) The numbers of students receiving support or 1,146
extracurricular services for each of the support services or 1,147
extracurricular programs offered by the school district, such as 1,148
counseling services, health services, and extracurricular sports 1,149
and fine arts programs. The categories of services required by 1,150
the guidelines under this division shall be the same as the 1,151
categories of services used in determining cost units pursuant to 1,152
division (C)(4)(a) of this section. 1,153
(c) Average student grades in each subject in grades nine 1,155
through twelve; 1,156
(d) Academic achievement levels in grades one through 1,158
eight as assessed by the locally developed competency programs 1,159
required by division (D) of section 3301.07 of the Revised Code; 1,160
(e) Academic achievement levels as assessed by the testing 1,162
of student proficiency under sections 3301.0710 and 3301.0711 of 1,163
28
the Revised Code; 1,164
(f) The number of students designated as having a 1,166
handicapping condition pursuant to division (C)(1) of section 1,167
3301.0711 of the Revised Code; 1,168
(g) The numbers of students reported to the state board 1,170
pursuant to division (C)(2) of section 3301.0711 of the Revised 1,171
Code; 1,172
(h) Attendance rates and the average daily attendance for 1,174
the year; 1,175
(i) Expulsion rates; 1,177
(j) Suspension rates; 1,179
(k) The percentage of students receiving corporal 1,181
punishment; 1,182
(l) Dropout rates; 1,184
(m) Rates of retention in grade; 1,186
(n) For pupils in grades nine through twelve, the average 1,188
number of carnegie units, as calculated in accordance with state 1,189
board of education rules; 1,190
(o) Graduation rates, to be calculated in a manner 1,192
specified by the department of education that reflects the rate 1,193
at which students who were in the ninth grade three years prior 1,194
to the current year complete school and that is consistent with 1,195
nationally accepted reporting requirements. 1,196
(2) Personnel and classroom enrollment data for each 1,198
school district, including: 1,199
(a) The total numbers of licensed employees and 1,201
nonlicensed employees and the numbers of full-time equivalent 1,203
licensed employees and nonlicensed employees providing each 1,204
category of instructional service, instructional support service, 1,205
and administrative support service used pursuant to division 1,206
(C)(3) of this section. The guidelines adopted under this 1,207
section shall require these categories of data to be maintained 1,208
for the school district as a whole and, wherever applicable, for 1,209
each grade in the school district as a whole, for each school 1,210
29
building as a whole, and for each grade in each school building. 1,211
(b) The total number of employees and the number of 1,213
full-time equivalent employees providing each category of service 1,214
used pursuant to divisions (C)(4)(a) and (b) of this section, and 1,215
the total numbers of licensed employees and nonlicensed employees 1,217
and the numbers of full-time equivalent licensed employees and 1,218
nonlicensed employees providing each category used pursuant to 1,219
division (C)(4)(c) of this section. The guidelines adopted under 1,220
this section shall require these categories of data to be 1,221
maintained for the school district as a whole and, wherever 1,222
applicable, for each grade in the school district as a whole, for 1,223
each school building as a whole, and for each grade in each 1,224
school building.
(c) The total number of regular classroom teachers 1,226
teaching classes of regular education and the average number of 1,227
pupils enrolled in each such class, in each of grades 1,228
kindergarten through five in the district as a whole and in each 1,229
school building in the school district. 1,230
(3)(a) Student demographic data for each school district, 1,232
including information regarding the gender ratio of the school 1,233
district's pupils, the racial make-up of the school district's 1,234
pupils, and an appropriate measure of the number of the school 1,235
district's pupils who reside in economically disadvantaged 1,236
households. The demographic data shall be collected in a manner 1,237
to allow correlation with data collected under division (B)(1) of 1,238
this section. Categories for data collected pursuant to division 1,239
(B)(3) of this section shall conform, where appropriate, to 1,240
standard practices of agencies of the federal government. 1,241
(b) WITH RESPECT TO EACH STUDENT ENTERING KINDERGARTEN, 1,243
WHETHER THE STUDENT PREVIOUSLY PARTICIPATED IN A PUBLIC PRESCHOOL 1,244
PROGRAM, A PRIVATE PRESCHOOL PROGRAM, OR A HEAD START PROGRAM, 1,245
AND THE NUMBER OF YEARS THE STUDENT PARTICIPATED IN EACH OF THESE 1,246
PROGRAMS.
(C) The education management information system shall 1,248
30
include cost accounting data for each district as a whole and for 1,249
each school building in each school district. The guidelines 1,250
adopted under this section shall require the cost data for each 1,251
school district to be maintained in a system of mutually 1,252
exclusive cost units and shall require all of the costs of each 1,253
school district to be divided among the cost units. The 1,254
guidelines shall require the system of mutually exclusive cost 1,255
units to include at least the following: 1,256
(1) Administrative costs for the school district as a 1,258
whole. The guidelines shall require the cost units under this 1,259
division (C)(1) to be designed so that each of them may be 1,260
compiled and reported in terms of average expenditure per pupil 1,261
in formula ADM in the school district, as determined pursuant to 1,263
section 3317.03 of the Revised Code.
(2) Administrative costs for each school building in the 1,265
school district. The guidelines shall require the cost units 1,266
under this division (C)(2) to be designed so that each of them 1,267
may be compiled and reported in terms of average expenditure per 1,268
full-time equivalent pupil receiving instructional or support 1,269
services in each building. 1,270
(3) Instructional services costs for each category of 1,272
instructional service provided directly to students and required 1,273
by guidelines adopted pursuant to division (B)(1)(a) of this 1,274
section. The guidelines shall require the cost units under 1,275
division (C)(3) of this section to be designed so that each of 1,276
them may be compiled and reported in terms of average expenditure 1,277
per pupil receiving the service in the school district as a whole 1,278
and average expenditure per pupil receiving the service in each 1,279
building in the school district and in terms of a total cost for 1,280
each category of service and, as a breakdown of the total cost, a 1,281
cost for each of the following components: 1,282
(a) The cost of each instructional services category 1,284
required by guidelines adopted under division (B)(1)(a) of this 1,285
section that is provided directly to students by a classroom 1,286
31
teacher; 1,287
(b) The cost of the instructional support services, such 1,289
as services provided by a speech-language pathologist, classroom 1,290
aide, multimedia aide, or librarian, provided directly to 1,291
students in conjunction with each instructional services 1,292
category; 1,293
(c) The cost of the administrative support services 1,295
related to each instructional services category, such as the cost 1,296
of personnel that develop the curriculum for the instructional 1,297
services category and the cost of personnel supervising or 1,298
coordinating the delivery of the instructional services category. 1,299
(4) Support or extracurricular services costs for each 1,301
category of service directly provided to students and required by 1,302
guidelines adopted pursuant to division (B)(1)(b) of this 1,303
section. The guidelines shall require the cost units under 1,304
division (C)(4) of this section to be designed so that each of 1,305
them may be compiled and reported in terms of average expenditure 1,306
per pupil receiving the service in the school district as a whole 1,307
and average expenditure per pupil receiving the service in each 1,308
building in the school district and in terms of a total cost for 1,309
each category of service and, as a breakdown of the total cost, a 1,310
cost for each of the following components: 1,311
(a) The cost of each support or extracurricular services 1,313
category required by guidelines adopted under division (B)(1)(b) 1,314
of this section that is provided directly to students by a 1,315
licensed employee, such as services provided by a guidance 1,316
counselor or any services provided by a licensed employee under a 1,318
supplemental contract;
(b) The cost of each such services category provided 1,320
directly to students by a nonlicensed employee, such as 1,321
janitorial services, cafeteria services, or services of a sports 1,322
trainer; 1,323
(c) The cost of the administrative services related to 1,325
each services category in division (C)(4)(a) or (b) of this 1,326
32
section, such as the cost of any licensed or nonlicensed 1,327
employees that develop, supervise, coordinate, or otherwise are 1,328
involved in administering or aiding the delivery of each services 1,329
category. 1,330
(D)(1) The guidelines adopted under this section may SHALL 1,333
require school districts to collect information about individual 1,334
students, staff members, or both in connection with any data 1,335
required by division (B) or (C) of this section or other 1,336
reporting requirements established in the Revised Code. The 1,337
guidelines may also require school districts to report 1,338
information about individual staff members in connection with any 1,339
data required by division (B) or (C) of this section or other 1,340
reporting requirements established in the Revised Code. The 1,341
guidelines may authorize school districts to request social 1,342
security numbers of individual students so that school districts 1,343
and the data acquisition sites operated under section 3301.075 of 1,344
the Revised Code can assure accuracy and avoid errors in 1,345
collecting the data. However, the guidelines shall prohibit the 1,346
reporting under this section of any personally identifiable 1,347
information about any student, including a student's social 1,348
security number, name, or address, to the state board of 1,349
education or the department of education or to any other person 1,351
unless such person is employed by the school district or the data 1,352
acquisition site and is authorized by the district or acquisition 1,353
site to have access to such information. The guidelines may 1,354
require school districts to provide the social security numbers 1,355
of individual staff members. 1,356
(2) THE GUIDELINES SHALL PROVIDE FOR EACH SCHOOL DISTRICT 1,358
OR COMMUNITY SCHOOL TO ASSIGN A DATA VERIFICATION CODE TO EACH 1,359
STUDENT WHOSE INITIAL OHIO ENROLLMENT IS IN THAT DISTRICT OR 1,360
SCHOOL AND TO REPORT ALL REQUIRED INDIVIDUAL STUDENT DATA FOR 1,361
THAT STUDENT UTILIZING SUCH CODE. THE GUIDELINES SHALL ALSO 1,362
PROVIDE FOR ASSIGNING DATA VERIFICATION CODES TO ALL STUDENTS 1,363
ENROLLED IN DISTRICTS OR COMMUNITY SCHOOLS ON THE EFFECTIVE DATE 1,365
33
OF THE GUIDELINES ESTABLISHED UNDER THIS SECTION.
INDIVIDUAL STUDENT DATA SHALL BE REPORTED TO THE DEPARTMENT 1,367
THROUGH THE DATA ACQUISITION SITES UTILIZING THE CODE BUT AT NO 1,369
TIME SHALL ANYONE OTHER THAN AN EMPLOYEE OF THE SCHOOL DISTRICT 1,370
OR COMMUNITY SCHOOL IN WHICH THE STUDENT IS ENROLLED HAVE ACCESS 1,371
TO INFORMATION THAT WOULD ENABLE ANY DATA VERIFICATION CODE TO BE 1,372
MATCHED TO PERSONALLY IDENTIFIABLE STUDENT DATA. 1,373
EACH SCHOOL DISTRICT SHALL ENSURE THAT THE DATA 1,375
VERIFICATION CODE IS INCLUDED IN THE STUDENT'S RECORDS REPORTED 1,376
TO ANY SUBSEQUENT SCHOOL DISTRICT OR COMMUNITY SCHOOL IN WHICH 1,377
THE STUDENT ENROLLS AND SHALL REMOVE ALL REFERENCES TO THE CODE 1,378
IN ANY RECORDS RETAINED IN THE DISTRICT OR SCHOOL THAT PERTAIN TO 1,379
ANY STUDENT NO LONGER ENROLLED. ANY SUCH SUBSEQUENT DISTRICT OR 1,380
SCHOOL SHALL UTILIZE THE SAME IDENTIFIER IN ITS REPORTING OF DATA
UNDER THIS SECTION. 1,381
(E) The guidelines adopted under this section may require 1,383
school districts to collect and report data, information, or 1,384
reports other than that described in divisions (A), (B), and (C) 1,385
of this section for the purpose of complying with other reporting 1,386
requirements established in the Revised Code. The other data, 1,387
information, or reports may be maintained in the education 1,388
management information system but are not required to be compiled 1,389
as part of the profile formats required under division (G) of 1,390
this section or the annual statewide report required under 1,391
division (H) of this section. 1,392
(F) Beginning with the school year that begins July 1, 1,394
1991, the board of education of each school district shall 1,395
annually collect and report to the state board, in accordance 1,397
with the guidelines established by the board, the data required 1,399
pursuant to this section. A school district may collect and 1,400
report these data notwithstanding section 2151.358 or 3319.321 of 1,401
the Revised Code. 1,402
(G) The state board shall, in accordance with the 1,404
procedures it adopts, annually compile the data reported by each 1,405
34
school district pursuant to division (D) of this section. The 1,406
state board shall design formats for profiling each school 1,408
district as a whole and each school building within each district 1,409
and shall compile the data in accordance with these formats. 1,410
These profile formats shall: 1,411
(1) Include all of the data gathered under this section in 1,413
a manner that facilitates comparison among school districts and 1,414
among school buildings within each school district; 1,415
(2) Present the data on academic achievement levels as 1,417
assessed by the testing of student proficiency maintained 1,418
pursuant to division (B)(1)(e) of this section so that the 1,419
academic achievement levels of students who are excused from 1,420
taking any such test pursuant to division (C)(1) of section 1,421
3301.0711 of the Revised Code are distinguished from the academic 1,422
achievement levels of students who are not so excused. 1,423
(H)(1) The state board shall, in accordance with the 1,425
procedures it adopts, annually prepare a statewide report for all 1,426
school districts and the general public that includes the profile 1,427
of each of the school districts developed pursuant to division 1,428
(G) of this section. Copies of the report shall be sent to each 1,429
school district. 1,430
(2) The state board shall, in accordance with the 1,432
procedures it adopts, annually prepare an individual report for 1,433
each school district and the general public that includes the 1,434
profiles of each of the school buildings in that school district 1,435
developed pursuant to division (G) of this section. Copies of 1,436
the report shall be sent to the superintendent of the district 1,437
and to each member of the district board of education. 1,438
(3) Copies of the reports received from the state board 1,440
under divisions (H)(1) and (2) of this section shall be made 1,441
available to the general public at each school district's 1,442
offices. Each district board of education shall make copies of 1,443
each report available to any person upon request and payment of a 1,444
reasonable fee for the cost of reproducing the report. The board 1,445
35
shall annually publish in a newspaper of general circulation in 1,446
the school district, at least twice during the two weeks prior to 1,447
the week in which the reports will first be available, a notice 1,448
containing the address where the reports are available and the 1,449
date on which the reports will be available. 1,450
(I) Any data that is collected or maintained pursuant to 1,452
this section and that identifies an individual pupil is not a 1,453
public record for the purposes of section 149.43 of the Revised 1,454
Code. 1,455
(J) As used in this section: 1,457
(1) "School district" means any city, local, exempted 1,459
village, or joint vocational school district. 1,460
(2) "Cost" means any expenditure for operating expenses 1,462
made by a school district excluding any expenditures for debt 1,463
retirement except for payments made to any commercial lending 1,464
institution for any loan approved pursuant to section 3313.483 of 1,465
the Revised Code. 1,466
(K) Any person who removes data from the information 1,468
system established under this section for the purpose of 1,469
releasing it to any person not entitled under law to have access 1,470
to such information is subject to section 2913.42 of the Revised 1,471
Code prohibiting tampering with data. 1,472
(L) Any time the department of education determines that a 1,474
school district has taken any of the actions described under 1,475
division (L)(1), (2), or (3) of this section, it shall make a 1,476
report of the actions of the district, send a copy of the report 1,477
to the superintendent of such school district, and maintain a 1,478
copy of the report in its files: 1,479
(1) The school district fails to meet any deadline 1,481
established pursuant to this section for the reporting of any 1,482
data to the education management information system; 1,483
(2) The school district fails to meet any deadline 1,485
established pursuant to this section for the correction of any 1,486
data reported to the education management information system; 1,488
36
(3) The school district reports data to the education 1,490
management information system in a condition, as determined by 1,491
the department, that indicates that the district did not make a 1,492
good faith effort in reporting the data to the system. 1,493
Any report made under this division shall include 1,495
recommendations for corrective action by the school district. 1,496
Upon making a report for the first time in a fiscal year, 1,499
the department shall withhold ten per cent of the total amount 1,500
due during that fiscal year under Chapter 3317. of the Revised 1,501
Code to the school district to which the report applies. Upon 1,502
making a second report in a fiscal year, the department shall 1,503
withhold an additional twenty per cent of such total amount due 1,504
during that fiscal year to the school district to which the 1,505
report applies. The department shall not release such funds 1,506
unless it determines that the district has taken corrective 1,507
action. However, no such release of funds shall occur if the 1,508
district fails to take corrective action within ninety days of 1,509
the date upon which the report was made by the department. 1,510
(M) The department of education, after consultation with 1,513
the Ohio education computer network, may provide at no cost to 1,514
school districts uniform computer software for use in reporting 1,515
data to the education management information system, provided 1,516
that no school district shall be required to utilize such 1,517
software to report data to the education management information 1,518
system if such district is so reporting data in an accurate, 1,519
complete, and timely manner in a format compatible with that 1,520
required by the education management information system. 1,521
(N) The state board of education, in accordance with 1,523
sections 3319.31 and 3319.311 of the Revised Code, may suspend or 1,524
revoke a license as defined under division (A) of section 3319.31 1,525
of the Revised Code that has been issued to any school district 1,526
employee found to have willfully reported erroneous, inaccurate, 1,527
or incomplete data to the education management information 1,528
system.
37
(O) NO PERSON SHALL RELEASE OR MAINTAIN ANY INFORMATION 1,530
ABOUT ANY STUDENT IN VIOLATION OF THIS SECTION. WHOEVER VIOLATES 1,531
THIS DIVISION IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 1,532
Sec. 3301.0726. THE DEPARTMENT OF EDUCATION SHALL DEVELOP 1,534
A PACKET OF HIGH SCHOOL INSTRUCTIONAL MATERIALS ON PERSONAL 1,535
FINANCIAL RESPONSIBILITY, INCLUDING INSTRUCTIONAL MATERIALS ON 1,536
THE AVOIDANCE OF CREDIT CARD ABUSE, AND SHALL DISTRIBUTE THAT 1,537
PACKET TO ALL SCHOOL DISTRICTS. THE BOARD OF EDUCATION OF ANY 1,538
SCHOOL DISTRICT MAY ADOPT PART OR ALL OF THE MATERIALS INCLUDED 1,539
IN THE PACKET FOR INCORPORATION INTO THE DISTRICT'S CURRICULUM. 1,540
Sec. 3301.17. The department of education shall expend 1,549
state funds to provide driver education to any child enrolled in 1,550
a high school for which standards are prescribed by the state 1,551
board of education. 1,552
The board of education of each city, exempted village, 1,554
local, and joint vocational school district may make a driver 1,555
education course available to high school students enrolled in 1,556
the district in accordance with rules adopted by the state board 1,557
of education. No school district making such a course available 1,558
shall require any pupil to enroll in the course in lieu of taking 1,559
a training course from a commercial driver training school 1,560
licensed under Chapter 4508. of the Revised Code. The department 1,561
of education may contract for the use of public school and 1,562
educational service center governing board facilities to provide 1,564
technical assistance for driver education courses where 1,565
practicable or may provide such assistance at facilities 1,566
established and operated by the department under the supervision 1,567
of transportation coordinators. The department shall reimburse 1,568
each school district in the amount of fifty dollars for each 1,569
pupil in the district having enrolled in and completed a driver 1,570
education course made available by the district or a training 1,571
course provided by a licensed driver training school. 1,572
A commercial driver training school licensed under Chapter 1,574
4508. of the Revised Code shall receive a fifty-dollar subsidy 1,575
38
for each school-age child who successfully completes the training 1,576
school's course. The principal of each high school shall 1,577
annually give written notice to the pupils enrolled in the high 1,578
school that they may elect, under a procedure that shall be 1,579
described in the notice, to take a training course from a 1,580
licensed commercial driver training school or, if available, 1,581
enroll in a driver education course made available by the pupil's 1,582
school district of attendance. The department of education shall 1,583
develop and provide to each city, exempted village, local, and 1,584
joint vocational school district forms for authorizing the 1,585
reimbursement of licensed commercial driver training schools. 1,586
Upon the request of a high school pupil, the principal of the 1,587
pupil's high school shall complete and sign such a form, and it 1,588
shall be submitted by the pupil to the operator of the commercial 1,589
training school prior to the time the pupil enrolls in the 1,590
training course. Each operator seeking reimbursement under this 1,591
section shall submit such forms to the board of education of the 1,592
pupil's public school district of attendance. If the pupil 1,593
attends a nonpublic school, the operator shall submit such forms 1,594
to the public school board of education of the district in which 1,595
the pupil's nonpublic school is located. No operator shall 1,596
receive a reimbursement for a pupil for whom he does not submit 1,598
such a form to the board of education as required by this
section. A board of education shall pay to each such commercial 1,599
driver training school fifty dollars for each such student out of 1,600
funds paid to the district by the state board of education for 1,601
that purpose. 1,602
Such funds shall be used solely for the purpose of 1,604
promoting highway safety through driver education. 1,605
Sec. 3301.171. A board of education that makes available a 1,614
driver education course pursuant to section 3301.17 of the 1,615
Revised Code may require pupils enrolled in the course to pay a 1,616
course fee not to exceed the lesser of fifty dollars, or the 1,617
actual cost per pupil of providing driver education less the 1,618
39
state driver education reimbursement per pupil. 1,619
Sec. 3301.311. AFTER JUNE 30, 2001, NO HEAD START PROGRAM 1,621
SHALL RECEIVE ANY FUNDS FROM THE STATE UNLESS FIFTY PER CENT OF 1,622
THE STAFF MEMBERS EMPLOYED BY THAT PROGRAM AS TEACHERS ARE 1,623
WORKING TOWARD AN ASSOCIATE DEGREE OF A TYPE APPROVED BY THE 1,624
DEPARTMENT OF EDUCATION. AFTER JUNE 30, 2003, NO HEAD START 1,625
PROGRAM SHALL RECEIVE ANY FUNDS FROM THE STATE UNLESS EACH STAFF 1,626
MEMBER EMPLOYED BY THAT PROGRAM AS A TEACHER IS WORKING TOWARD AN 1,627
ASSOCIATE DEGREE OF A TYPE APPROVED BY THE DEPARTMENT OF 1,628
EDUCATION. BEGINNING IN FISCAL YEAR 2008, NO HEAD START PROGRAM 1,629
SHALL RECEIVE ANY FUNDS FROM THE STATE UNLESS EVERY STAFF MEMBER 1,630
EMPLOYED BY THAT PROGRAM AS A TEACHER HAS ATTAINED SUCH A DEGREE. 1,631
Sec. 3301.80. (A) There is hereby created the Ohio 1,640
SchoolNet commission consisting AS AN INDEPENDENT AGENCY. THE 1,644
COMMISSION SHALL ADMINISTER PROGRAMS TO PROVIDE FINANCIAL AND 1,645
OTHER ASSISTANCE TO SCHOOL DISTRICTS AND OTHER EDUCATIONAL 1,646
INSTITUTIONS FOR THE ACQUISITION AND UTILIZATION OF EDUCATIONAL 1,647
TECHNOLOGY.
THE COMMISSION IS A BODY CORPORATE AND POLITIC, AN AGENCY 1,649
OF THE STATE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS OF THE 1,650
STATE.
(B)(1) THE COMMISSION SHALL CONSIST of eleven members, 1,653
seven of whom are voting members. Of the voting members, one 1,655
shall be appointed by the speaker of the house of representatives 1,656
and one shall be appointed by the president of the senate. The 1,657
members appointed by the speaker of the house and the president 1,658
of the senate shall not be members of the general assembly. The
state superintendent of public instruction or a designee of the 1,659
superintendent, the director of the office of budget and 1,660
management or a designee of the director, the director of 1,662
administrative services or a designee of the director, the 1,663
chairperson of the public utilities commission or a designee of
the chairperson, and the director of the Ohio educational 1,664
telecommunications network commission or a designee of the 1,665
40
director shall serve on the commission as ex officio voting 1,667
members. Of the nonvoting members, two shall be members of the 1,668
house of representatives appointed by the speaker of the house of
representatives and two shall be members of the senate appointed 1,669
by the president of the senate. The members appointed from each 1,670
house shall not be members of the same political party. 1,671
(2) THE MEMBERS SHALL SERVE WITHOUT COMPENSATION. THE 1,673
VOTING MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,674
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE 1,675
REIMBURSED, PURSUANT TO OFFICE OF BUDGET AND MANAGEMENT 1,676
GUIDELINES, FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 1,677
OFFICIAL DUTIES.
(3) The terms of office for the members appointed by the 1,679
speaker of the house and the president of the senate shall be for 1,681
two years, with each term ending on the same day of the same 1,682
month as did the term that it succeeds. The members appointed by 1,683
the speaker of the house and the president of the senate may be 1,684
reappointed. Any member appointed from the house of 1,685
representatives or senate who ceases to be a member of the 1,686
legislative house from which the member was appointed shall cease 1,687
to be a member of the committee COMMISSION. Vacancies among 1,688
appointed members shall be filled in the manner provided for 1,689
original appointments. Any member appointed to fill a vacancy 1,690
occurring prior to the expiration date of the term for which a 1,691
predecessor was appointed shall hold office as a member for the
remainder of that term. The members appointed by the speaker of 1,693
the house and the president of the senate shall continue in 1,694
office subsequent to the expiration date of that member's term 1,695
until a successor takes office or until a period of sixty days
has elapsed, whichever occurs first. 1,696
The Ohio SchoolNet commission shall monitor and oversee the 1,700
operations of, and programs administered by, the Ohio SchoolNet 1,702
office established under division (B) of this section. In 1,703
addition, the commission may develop and issue policies and 1,704
41
directives to be followed by the Ohio SchoolNet office in 1,706
implementing the programs under its jurisdiction. 1,707
(B) The Ohio SchoolNet office is hereby established as an 1,710
independent agency. (C)(1) The office COMMISSION shall be under 1,711
the supervision of a AN EXECUTIVE director who shall be appointed 1,713
by the Ohio SchoolNet commission. The EXECUTIVE director shall 1,715
serve at the pleasure of the commission and shall direct the 1,717
office COMMISSION EMPLOYEES in the administration of all programs 1,719
for the provision of financial and other assistance to school 1,720
districts and other educational institutions for the acquisition 1,721
and utilization of educational technology. The
(2) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL 1,724
BE PLACED IN THE UNCLASSIFIED SERVICE. THE COMMISSION SHALL FIX 1,725
THE COMPENSATION OF THE EXECUTIVE DIRECTOR. THE EXECUTIVE 1,726
DIRECTOR SHALL EMPLOY AND FIX THE COMPENSATION FOR SUCH EMPLOYEES 1,727
AS NECESSARY TO FACILITATE THE ACTIVITIES AND PURPOSES OF THE 1,728
COMMISSION. THE EMPLOYEES SHALL SERVE AT THE PLEASURE OF THE 1,729
EXECUTIVE DIRECTOR.
(3) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL 1,732
BE EXEMPT FROM CHAPTER 4117. OF THE REVISED CODE AND SHALL NOT BE 1,734
PUBLIC EMPLOYEES AS DEFINED IN SECTION 4117.01 OF THE REVISED 1,736
CODE.
(D) THE Ohio SchoolNet office COMMISSION shall do all of 1,739
the following: 1,740
(1) Make grants to institutions and other organizations as 1,742
prescribed by the general assembly for the provision of technical 1,743
assistance, professional development, and other support services 1,744
to enable school districts, COMMUNITY SCHOOLS ESTABLISHED UNDER 1,745
CHAPTER 3314. OF THE REVISED CODE, and other educational 1,747
institutions to utilize educational technology;
(2) Contract with the department of education, state 1,749
institutions of higher education, private nonprofit institutions 1,750
of higher education holding certificates of authorization under 1,751
section 1713.02 of the Revised Code, and such other public or 1,752
42
private entities, and employ such persons as the EXECUTIVE 1,753
director of the office deems necessary for the administration and 1,754
implementation of the programs under the office's COMMISSION'S 1,756
jurisdiction;
(3) Establish a reporting system to which school 1,758
districts, COMMUNITY SCHOOLS ESTABLISHED UNDER CHAPTER 3314. OF 1,759
THE REVISED CODE, and other educational institutions receiving 1,761
financial assistance pursuant to this section for the acquisition 1,762
of educational technology report information as to the manner in 1,763
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being 1,764
utilized, the results or outcome of this utilization, and other 1,765
information as may be required by the office COMMISSION; 1,766
(4) Establish necessary guidelines governing purchasing 1,768
and procurement by participants in programs administered by the 1,769
office COMMISSION that facilitate the timely and effective 1,771
implementation of such programs;
(5) Implement TAKE INTO CONSIDERATION THE EFFICIENCY AND 1,773
COST SAVINGS OF STATEWIDE PROCUREMENT PRIOR TO ALLOCATING AND 1,775
RELEASING FUNDS FOR ANY PROGRAMS UNDER ITS ADMINISTRATION. 1,776
(E)(1) THE EXECUTIVE DIRECTOR SHALL IMPLEMENT policies and 1,779
directives issued by the Ohio SchoolNet commission established 1,782
under division (A) of this section.
(2) The Ohio SchoolNet office COMMISSION may establish a 1,785
systems support network to facilitate the timely implementation 1,786
of the programs, projects, or activities for which it provides 1,787
assistance.
(3) Chapters 123., 124., 125., and 153., and sections 1,789
9.331, 9.332, and 9.333 of the Revised Code do not apply to 1,790
contracts, programs, projects, or activities of the Ohio 1,792
SchoolNet commission or Ohio SchoolNet office. 1,793
For purposes of exercising collective bargaining rights 1,795
under Chapter 4117. of the Revised Code, the employees of the 1,797
Ohio SchoolNet office shall be placed in a bargaining unit 1,800
43
separate from any other unit containing employees of the state. 1,801
Sec. 3301.801. The office of information, learning, and 1,810
technology services OHIO SCHOOLNET COMMISSION shall create and 1,812
maintain a clearinghouse for classroom teachers, INCLUDING ANY 1,813
CLASSROOM TEACHERS EMPLOYED BY COMMUNITY SCHOOLS ESTABLISHED 1,814
UNDER CHAPTER 3314. OF THE REVISED CODE, to easily obtain lesson 1,815
plans and materials and other practical resources for use in 1,816
classroom teaching. The office COMMISSION shall develop a method 1,817
of obtaining submissions, from classroom teachers and others, of 1,819
such plans, materials, and other resources that have been used in 1,820
the classroom and that can be readily used and implemented by 1,821
classroom teachers in their regular teaching activities. The 1,822
office COMMISSION also shall develop methods of informing 1,823
classroom teachers of both the availability of such plans, 1,825
materials, and other resources, and of the opportunity to submit 1,826
such plans, materials, and other resources and other classroom 1,827
teaching ideas to the clearinghouse. 1,828
The office COMMISSION shall periodically report to the 1,830
speaker and minority leader of the house of representatives, the 1,832
president and minority leader of the senate, and the chairpersons 1,833
and ranking minority members of the education committees of the 1,834
senate and the house of representatives regarding the
clearinghouse and make recommendations for changes in state law 1,835
or administrative rules that may facilitate the usefulness of the 1,836
clearinghouse.
Sec. 3301.86. The OhioReads classroom reading grants 1,846
program is hereby established. The OhioReads council shall award 1,847
grants under the program in accordance with the guidelines 1,848
STANDARDS it establishes under section 3301.91 of the Revised 1,850
Code. The OhioReads office is the fiscal agent for the program 1,851
and shall pay the grants awarded by the council. 1,852
Sec. 3301.87. The OhioReads community reading grants 1,861
program is hereby established. The OhioReads council shall award 1,863
grants under the program in accordance with the guidelines 1,865
44
STANDARDS it establishes under section 3301.91 of the Revised 1,867
Code. The OhioReads office is the fiscal agent for the program 1,869
and shall pay the grants awarded by the council. 1,870
Sec. 3301.88. (A) A recipient of a grant under section 1,879
3301.86 or 3301.87 of the Revised Code OR AN ENTITY APPROVED BY 1,881
THE OHIOREADS COUNCIL may request from the bureau of criminal 1,883
identification and investigation a criminal records check on any 1,884
individual, other than an individual described in division (B) of 1,885
this section, who applies to participate in providing directly to 1,886
children any program or service THROUGH AN ENTITY APPROVED BY THE 1,889
OHIOREADS COUNCIL OR funded in whole or in part by the grant. If 1,891
a recipient OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL elects 1,893
to request a criminal records check, the request shall consist of
a request for the information a school district board of 1,897
education may request under division (F)(2)(a) of section 109.57 1,899
of the Revised Code and shall be accompanied by one of the 1,900
following identification options:
(1) The form and standard impression sheet prescribed by 1,902
the bureau under division (C) of section 109.572 of the Revised 1,903
Code;
(2) A form prescribed by the bureau on which is specified 1,905
the individual's name, social security number, and date of birth. 1,906
(B) A grant recipient OR AN ENTITY APPROVED BY THE 1,909
OHIOREADS COUNCIL shall not request a criminal records check 1,910
under division (A) of this section with respect to any individual 1,913
who furnishes the grant recipient OR AN ENTITY APPROVED BY THE 1,914
OHIOREADS COUNCIL with a certified copy of a report of a criminal 1,916
records check completed by the bureau within one year prior to 1,917
applying to participate in providing programs or services THROUGH 1,919
AN ENTITY APPROVED BY THE OHIOREADS COUNCIL OR under an OhioReads 1,922
grant. 1,923
(C) Except as provided in rules adopted under division 1,925
(G)(2) of this section, a grant recipient OR AN ENTITY APPROVED 1,927
BY THE OHIOREADS COUNCIL shall not allow an individual to 1,929
45
participate in providing directly to children any program or 1,931
service THROUGH AN ENTITY APPROVED BY THE OHIOREADS COUNCIL OR 1,933
funded in whole or in part by the grant if the information 1,935
requested under this section from the bureau indicates that the 1,936
individual has ever pleaded guilty to or been found guilty by a 1,937
jury or court of any of the following:
(1) A felony; 1,939
(2) A violation of section 2903.16, 2903.34, 2905.05, 1,942
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, 1,943
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the 1,945
Revised Code; a violation of section 2905.04 of the Revised Code 1,946
as it existed prior to July 1, 1996; or a violation of section 1,947
2919.23 of the Revised Code that would have been a violation of 1,949
section 2905.04 of the Revised Code as it existed prior to July 1,951
1, 1996, had it been committed prior to that date; 1,952
(3) An offense of violence; 1,954
(4) A theft offense, as defined in section 2913.01 of the 1,956
Revised Code; 1,957
(5) A drug abuse offense, as defined in section 2925.01 of 1,959
the Revised Code; 1,960
(6) A violation of an existing or former ordinance of a 1,962
municipal corporation or law of the United States or another 1,964
state that is substantively comparable to an offense listed in 1,966
divisions (C)(1) to (5) of this section.
(D) A grant recipient OR AN ENTITY APPROVED BY THE 1,969
OHIOREADS COUNCIL that elects to request criminal records checks 1,971
may conditionally allow an individual to participate in providing
programs or services directly to children until the criminal 1,972
records check is completed and the grant recipient OR AN ENTITY 1,974
APPROVED BY THE OHIOREADS COUNCIL receives the results. If the 1,976
results of the criminal records check indicate that the
individual has been convicted of or pleaded guilty to an offense 1,977
listed in division (C) of this section, the grant recipient OR AN 1,980
ENTITY APPROVED BY THE OHIOREADS COUNCIL shall not allow the 1,981
46
individual to further participate in providing directly to 1,982
children any program or service THROUGH AN ENTITY APPROVED BY THE 1,983
OHIOREADS COUNCIL OR funded in whole or in part by the grant, 1,986
except as provided in the rules adopted under division (G)(2) of 1,987
this section.
(E) The report of any criminal records check conducted in 1,989
accordance with division (F)(5) of section 109.57 of the Revised 1,991
Code pursuant to a request under this section is not a public 1,993
record for purposes of section 149.43 of the Revised Code. The 1,994
report shall not be made available to any person other than the 1,995
individual who is the subject of the criminal records check or 1,996
the individual's representative, the grant recipient or the grant 1,997
recipient's representative OR AN ENTITY APPROVED BY THE OHIOREADS 1,998
COUNCIL, and any court, hearing officer, or other necessary 2,000
individual in a case dealing with the denial of the individual's 2,001
participation in a program or service THROUGH AN ENTITY APPROVED 2,003
BY THE OHIOREADS COUNCIL OR funded by an OhioReads grant. 2,005
(F) The OhioReads office shall reimburse each grant 2,008
recipient OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL for each 2,010
criminal records check the actual amount paid by the grant 2,012
recipient OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL for the 2,014
portion of the criminal records check conducted by the bureau of 2,015
criminal identification and investigation. Reimbursement shall 2,017
be paid under this division only for criminal records checks on 2,018
individuals who apply to participate in providing directly to 2,019
children any program or service THROUGH AN ENTITY APPROVED BY THE 2,022
OHIOREADS COUNCIL OR funded in whole or in part by the grant. To 2,024
receive it, the grant recipient OR AN ENTITY APPROVED BY THE 2,026
OHIOREADS COUNCIL must submit information to the office in the 2,027
form and manner required by the office. The reimbursement is in 2,028
addition to the grant awarded to the recipient under section 2,029
3301.86 or 3301.87 of the Revised Code. 2,030
(G) The department of education shall adopt rules in 2,032
accordance with Chapter 119. of the Revised Code: 2,033
47
(1) Prescribing the form and manner in which grant 2,035
recipients OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL must 2,037
submit information to the OhioReads office to receive
reimbursement under division (F) of this section; 2,038
(2) Specifying circumstances under which a grant recipient 2,040
OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL may allow an 2,042
individual whose criminal records check report indicates that the 2,043
individual has been convicted of or pleaded guilty to an offense 2,044
listed in division (C) of this section, but who meets standards 2,045
in regard to rehabilitation set forth in the rules, to 2,046
participate in providing directly to children any program or 2,047
service THROUGH AN ENTITY APPROVED BY THE OHIOREADS COUNCIL OR 2,049
funded in whole or in part by the grant. 2,051
Sec. 3301.91. (A) The OhioReads council's 2,061
responsibilities include, but are not limited to, the following: 2,062
(1) Advising and consenting to the superintendent of 2,064
public instruction's appointments to the position of executive 2,065
director of the OhioReads office; 2,066
(2) Evaluating the effectiveness of the OhioReads 2,068
initiative established by this section and sections 3301.86 and 2,069
3301.87 of the Revised Code and conducting annual evaluations 2,071
beginning in fiscal year 2002; 2,072
(3) Developing a strategic plan for identifying, 2,074
recruiting, training, qualifying, and placing volunteers for the 2,075
OhioReads initiative; 2,077
(4) Establishing guidelines STANDARDS for the awarding of 2,079
classroom reading grants under section 3301.86 of the Revised 2,082
Code and community reading grants under section 3301.87 of the 2,084
Revised Code, including eligibility criteria, grant amounts, 2,087
purposes for which grants may be used, and administrative, 2,088
programmatic, and reporting requirements; 2,089
(5) Awarding classroom reading grants and community 2,091
reading grants to be paid by the OhioReads office under sections 2,092
3301.86 and 3301.87 of the Revised Code; 2,094
48
(6) Establishing guidelines for and overseeing the general 2,096
responsibilities and mission of the executive director of the 2,098
OhioReads office; 2,099
(7) ADOPTING RULES PURSUANT TO CHAPTER 119. OF THE REVISED 2,101
CODE TO ESTABLISH STANDARDS REQUIRED UNDER SECTIONS 3301.86 AND 2,102
3301.87 OF THE REVISED CODE.
(B) In performing its duties, the council shall, to the 2,105
extent practicable:
(1) Give primary consideration to the safety and 2,107
well-being of children participating in the OhioReads initiative; 2,108
(2) Maximize the use of resources to improve reading 2,110
outcomes, especially the fourth grade reading proficiency test 2,111
established under division (A)(1) of section 3301.0710 of the 2,114
Revised Code; 2,115
(3) Identify and maximize relevant federal and state 2,117
resources to leverage OhioReads resources and related programs; 2,120
(4) Focus on early reading intervention strategies, 2,122
professional development, and parental involvement; 2,123
(5) Give priority to programs recognized as promising 2,126
educational practices for accelerating student achievement, 2,128
including, but not limited to, programs primarily using 2,129
volunteers and programs that may have been reviewed by the
education commission of the states. 2,130
Sec. 3302.01. As used in this chapter: 2,139
(A) "Dropout rate" means one minus the graduation rate A 2,141
STUDENT WHO WITHDRAWS FROM SCHOOL BEFORE COMPLETING COURSE 2,142
REQUIREMENTS FOR GRADUATION AND WHO IS NOT ENROLLED IN AN 2,143
EDUCATION PROGRAM APPROVED BY THE STATE BOARD OF EDUCATION OR AN 2,144
EDUCATION PROGRAM OUTSIDE THE STATE. "DROPOUT" DOES NOT INCLUDE 2,145
A STUDENT WHO HAS DEPARTED THE COUNTRY.
(B) "Graduation rate" means a calculation of the per cent 2,147
PERCENTAGE of ninth grade students who graduate by the end of the 2,149
summer following their twelfth grade year. The graduation rate 2,150
is the ratio of the students entering ninth grade to the number 2,151
49
of those students receiving a diploma TO THE NUMBER OF STUDENTS 2,152
WHO ENTERED NINTH GRADE four years later EARLIER. Students who 2,154
transfer into the district are added to the calculation.
Students who transfer out of the district for reasons other than 2,155
dropout are subtracted from the calculation. Students who do not 2,157
graduate WITHIN FOUR YEARS but who continue their high school
education in the following year in the same school district are 2,159
removed from the calculation for that THE year IN WHICH THEY 2,160
WOULD HAVE GRADUATED and are added to the calculation for the 2,162
subsequent year FOLLOWING YEAR'S GRADUATING CLASS AS IF THE 2,163
STUDENT HAD ENTERED NINTH GRADE FOUR YEARS BEFORE THE INTENDED
GRADUATION DATE OF THAT CLASS. IN EACH SUBSEQUENT YEAR THAT SUCH 2,164
STUDENTS DO NOT GRADUATE BUT CONTINUE THEIR HIGH SCHOOL EDUCATION 2,165
UNINTERRUPTED IN THE SAME SCHOOL DISTRICT, SUCH STUDENTS SHALL BE 2,166
REASSIGNED TO THE DISTRICT'S GRADUATION RATE FOR THAT YEAR BY 2,167
ASSUMING THAT THE STUDENTS ENTERED NINTH GRADE FOUR YEARS BEFORE 2,168
THE DATE OF THE INTENDED GRADUATION. IF A STUDENT WHO WAS A 2,169
DROPOUT IN ANY PREVIOUS YEAR RETURNS TO THE SAME SCHOOL DISTRICT,
THAT STUDENT SHALL BE ENTERED INTO THE CALCULATION AS IF THE 2,170
STUDENT HAD ENTERED NINTH GRADE FOUR YEARS BEFORE THE GRADUATION 2,171
YEAR OF THE GRADUATING CLASS THAT THE STUDENT JOINS. 2,172
(C) "Attendance rate" means the ratio of the number of 2,174
students actually in attendance over the course of a school year 2,175
to the number of students who were required to be in attendance 2,176
that school year, as calculated pursuant to rules of the 2,177
superintendent of public instruction. 2,178
(D) "Three-year average" means the average of the most 2,180
recent consecutive three years of data. 2,181
(E) "Required level of improvement" means at least one 2,184
standard unit of improvement on at least the percentage of 2,185
performance standards required to demonstrate overall 2,186
improvement, in accordance with the rule approved under division 2,187
(A) of section 3302.04 of the Revised Code. 2,188
Sec. 3302.02. The following are the expected state 2,197
50
performance standards for school districts: 2,198
(A) A three NINETY per cent dropout GRADUATION rate; 2,201
(B) At least seventy-five per cent of fourth graders 2,203
proficient on the mathematics test prescribed by division (A)(1) 2,204
of section 3301.0710 of the Revised Code; 2,205
(C) At least seventy-five per cent of fourth graders 2,207
proficient on the reading test prescribed by division (A)(1) of 2,208
section 3301.0710 of the Revised Code; 2,209
(D) At least seventy-five per cent of fourth graders 2,211
proficient on the writing test prescribed by division (A)(1) of 2,212
section 3301.0710 of the Revised Code; 2,213
(E) At least seventy-five per cent of fourth graders 2,215
proficient on the citizenship test prescribed by division (A)(1) 2,216
of section 3301.0710 of the Revised Code; 2,217
(F) At least seventy-five per cent of ninth graders 2,219
proficient on the mathematics test prescribed by division (B) of 2,220
section 3301.0710 of the Revised Code; 2,221
(G) At least seventy-five per cent of ninth graders 2,223
proficient on the reading test prescribed by division (B) of 2,224
section 3301.0710 of the Revised Code; 2,225
(H) At least seventy-five per cent of ninth graders 2,227
proficient on the writing test prescribed by division (B) of 2,228
section 3301.0710 of the Revised Code; 2,229
(I) At least seventy-five per cent of ninth graders 2,231
proficient on the citizenship test prescribed by division (B) of 2,232
section 3301.0710 of the Revised Code; 2,233
(J) At least eighty-five per cent of tenth graders 2,235
proficient on the mathematics test prescribed by division (B) of 2,236
section 3301.0710 of the Revised Code; 2,237
(K) At least eighty-five per cent of tenth graders 2,239
proficient on the reading test prescribed by division (B) of 2,240
section 3301.0710 of the Revised Code; 2,241
(L) At least eighty-five per cent of tenth graders 2,243
proficient on the writing test prescribed by division (B) of 2,244
51
section 3301.0710 of the Revised Code; 2,245
(M) At least eighty-five per cent of tenth graders 2,247
proficient on the citizenship test prescribed by division (B) of 2,248
section 3301.0710 of the Revised Code; 2,249
(N) At least sixty per cent of twelfth graders proficient 2,251
on the mathematics test prescribed by division (A)(3) of section 2,252
3301.0710 of the Revised Code; 2,253
(O) At least sixty per cent of twelfth graders proficient 2,255
on the reading test prescribed by division (A)(3) of section 2,256
3301.0710 of the Revised Code; 2,257
(P) At least sixty per cent of twelfth graders proficient 2,259
on the writing test prescribed by division (A)(3) of section 2,260
3301.0710 of the Revised Code; 2,261
(Q) At least sixty per cent of twelfth graders proficient 2,263
on the citizenship test prescribed by division (A)(3) of section 2,264
3301.0710 of the Revised Code; 2,265
(R) At least a ninety-three per cent attendance rate. 2,268
When sufficient data concerning the tests given pursuant to 2,271
division (A)(2) of section 3301.0710 of the Revised Code and the 2,273
science tests given pursuant to divisions (A)(1), (3), and (B) of 2,274
section 3301.0710 of the Revised Code are available for the 2,276
department of education to establish performance standards for 2,278
those tests, the department shall recommend a rule adding 2,280
standards to reflect these additional tests. The department 2,281
shall also recommend a rule when necessary to allow for the 2,283
phasing out of the ninth grade proficiency test and its 2,284
replacement with a high school proficiency test pursuant to 2,285
section 3301.0710 of the Revised Code as amended by this act 2,286
AMENDED SUBSTITUTE SENATE BILL NO. 55 OF THE 122nd GENERAL 2,288
ASSEMBLY. The rules shall not recommend any standard be 2,290
established for passage of the fourth grade reading test that is 2,291
solely based on the test given in the fall for the purpose of
determining whether students have met the fourth grade guarantee 2,293
provisions of section 3313.608 of the Revised Code. 2,294
52
Rules recommended by the department under this section 2,297
shall not take effect unless approved by joint resolution of the 2,298
general assembly.
Sec. 3302.03. (A) Beginning with the fiscal year that 2,307
starts on July 1, 1999, every three years the department of 2,309
education shall calculate and report for each school district its 2,310
percentages on each of the performance indicators listed in 2,311
section 3302.02 of the Revised Code and shall specify for each 2,312
such district the extent to which the acceptable performance 2,314
indicator has been achieved and whether the district is an
effective school district, needs continuous improvement, is under 2,315
an academic watch, or is in a state of academic emergency. 2,316
(B)(1) A school district shall be declared an effective 2,318
school district if it meets at least ninety-four per cent of the 2,320
state performance standards.
(2) A school district shall be declared to be in need of 2,322
continuous improvement if it meets more than fifty per cent but 2,323
less than ninety-four per cent of the state performance 2,324
standards. 2,325
(3) A school district shall be declared to be under an 2,327
academic watch if it meets more than thirty-three per cent but 2,328
not more than fifty per cent of the state performance standards. 2,330
(4) A school district shall be declared to be in a state 2,332
of academic emergency if it does not meet more than thirty-three 2,333
per cent of the state performance standards. 2,334
(C) Whenever feasible, the department shall utilize 2,336
three-year averaging of the district's percentages on the 2,337
performance standards specified in section 3302.02 of the Revised 2,338
Code.
(D)(1) The department shall issue annual report cards for 2,340
each shool SCHOOL district and for the state as a whole based on 2,342
education and fiscal performance data. 2,343
(2) The department shall not include in the report card 2,345
required by this division proficiency test passage data according 2,346
53
to any ethnic, racial, or gender classification. 2,347
(E) IN CALCULATING THE PROFICIENCY TEST PASSAGE RATES 2,349
UNDER THIS SECTION, THE DEPARTMENT SHALL INCLUDE ALL STUDENTS 2,350
EXCEPT:
(1) THOSE STUDENTS EXEMPTED FROM THE REQUIREMENT TO TAKE 2,351
THE APPLICABLE PROFICIENCY TEST PURSUANT TO DIVISION (C)(1) OR 2,353
(3) OF SECTION 3301.0711 OF THE REVISED CODE, WHETHER OR NOT THE 2,354
STUDENT CHOSE TO TAKE THE TEST VOLUNTARILY IN SPITE OF THE 2,355
EXEMPTION GRANTED IN THAT DIVISION;
(2) THOSE STUDENTS TO WHOM THE TWELFTH-GRADE TESTS ARE NOT 2,356
ADMINISTERED, PURSUANT TO DIVISION (B)(4) OF SECTION 3301.0711 OF 2,357
THE REVISED CODE.
Sec. 3302.04. (A) By March 1, 1998, the state board of 2,367
education shall recommend to the general assembly a rule 2,369
establishing both of the following:
(1) A standard unit of improvement that any school 2,371
district would be required to achieve on a specific performance 2,372
standard that it failed to meet in order to be deemed to have 2,373
made satisfactory improvement toward meeting that standard. 2,375
(2) The percentage of those performance standards that a 2,377
district did not meet, on which a district would be required to 2,379
achieve the standard unit of improvement in order to be deemed to 2,380
be making overall progress toward becoming an effective district. 2,381
Upon approval of the general assembly, the rule shall apply 2,384
to determinations of school district improvement under division 2,385
(B) of this section.
(B) When a school district has been notified by the 2,388
department pursuant to division (A) of section 3302.03 of the
Revised Code that the district needs continuous improvement, is 2,389
under an academic watch, or is in a state of academic emergency, 2,390
the district shall develop a three-year continuous improvement 2,391
plan containing an analysis of the reasons for the district's 2,392
failure to meet any of the standards it does not meet and 2,393
specifying the strategies it will use and the resources it will 2,394
54
allocate to address the problem. Copies of the plan shall be 2,395
made available to the public. 2,396
No three-year continuous improvement plan shall be 2,398
developed or adopted pursuant to this division unless at least 2,399
one public hearing is held within the territory of the affected 2,400
school district concerning the final draft of the plan. Notice 2,401
of the hearing shall be given two weeks prior to the hearing by 2,402
publication in one newspaper of general circulation within the
territory of the affected school district. 2,403
(C) When a school district has been notified by the 2,406
department pursuant to division (A) of section 3302.03 of the 2,407
Revised Code that the district is under an academic watch or in a 2,408
state of academic emergency, the district shall be subject to any 2,409
rules establishing intervention in academic watch or emergency 2,410
school districts that have been recommended to the general 2,412
assembly by the department of education and approved by joint
resolution of the general assembly. The department shall 2,413
recommend such rules by July 1, 1998. 2,414
(D)(1) WITHIN ONE HUNDRED TWENTY DAYS AFTER ANY SCHOOL 2,416
DISTRICT IS DECLARED TO BE IN A STATE OF ACADEMIC EMERGENCY UNDER 2,417
SECTION 3302.03 OF THE REVISED CODE, THE DEPARTMENT SHALL 2,418
INITIATE A SITE EVALUATION OF THE SCHOOL DISTRICT. 2,419
(2) IF ANY SCHOOL DISTRICT THAT IS DECLARED TO BE IN A 2,421
STATE OF ACADEMIC EMERGENCY OR IN A STATE OF ACADEMIC WATCH UNDER 2,422
SECTION 3302.03 OF THE REVISED CODE FAILS TO DEMONSTRATE TO THE 2,423
DEPARTMENT SATISFACTORY IMPROVEMENT OR FAILS TO SUBMIT TO THE 2,424
DEPARTMENT ANY INFORMATION REQUIRED UNDER RULES ESTABLISHED BY 2,425
THE STATE BOARD OF EDUCATION, PRIOR TO APPROVING A THREE-YEAR 2,426
CONTINUOUS IMPROVEMENT PLAN FOR THE SCHOOL DISTRICT UNDER RULES 2,427
ESTABLISHED BY THE STATE BOARD OF EDUCATION, THE DEPARTMENT SHALL 2,428
CONDUCT A SITE EVALUATION OF THE SCHOOL DISTRICT TO DETERMINE 2,429
WHETHER THE SCHOOL DISTRICT IS IN COMPLIANCE WITH MINIMUM 2,430
STANDARDS ESTABLISHED BY LAW OR RULE.
(3) SITE EVALUATIONS CONDUCTED UNDER DIVISIONS (D)(1) AND 2,432
55
(2) OF THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE 2,433
FOLLOWING:
(a) DETERMINING WHETHER TEACHERS ARE ASSIGNED TO SUBJECT 2,435
AREAS FOR WHICH THEY ARE LICENSED OR CERTIFIED; 2,436
(b) DETERMINING PUPIL-TEACHER RATIOS; 2,438
(c) EXAMINATION OF COMPLIANCE WITH MINIMUM INSTRUCTION 2,440
TIME REQUIREMENTS FOR EACH SCHOOL DAY AND FOR EACH SCHOOL YEAR; 2,441
(d) DETERMINING WHETHER THE SCHOOL DISTRICT HAS MATERIALS 2,443
AND EQUIPMENT NECESSARY TO IMPLEMENT THE CURRICULUM APPROVED BY 2,444
THE SCHOOL DISTRICT BOARD. 2,445
Sec. 3302.07. (A) The board of education of any school 2,454
district or, the governing board of any educational service 2,455
center, OR THE ADMINISTRATIVE AUTHORITY OF ANY CHARTERED 2,456
NONPUBLIC SCHOOL may submit to the state board of education an 2,457
application proposing an innovative education pilot program the 2,458
implementation of which requires exemptions from specific 2,459
statutory provisions or rules. If a district or service center 2,460
board employs teachers under a collective bargaining agreement 2,461
adopted pursuant to Chapter 4117. of the Revised Code, any 2,462
application submitted under this division shall include the 2,463
written consent of the teachers' employee representative 2,464
designated under division (B) of section 4117.04 of the Revised 2,465
Code. The exemptions requested in the application shall be 2,466
limited to any requirement of Title XXXIII of the Revised Code or 2,467
of any rule of the state board adopted pursuant to that title 2,468
except that the application may not propose an exemption from any 2,469
requirement of or rule adopted pursuant to Chapter 3307. or 2,470
3309., sections 3319.07 to 3319.21, or Chapter 3323. of the 2,471
Revised Code.
(B) The state board of education shall accept any 2,473
application submitted in accordance with division (A) of this 2,474
section. The superintendent of public instruction shall approve 2,475
or disapprove the application in accordance with standards for 2,477
approval, which shall be adopted by the state board.
56
(C) The superintendent of public instruction shall exempt 2,479
each district or service center board OR CHARTERED NONPUBLIC 2,480
SCHOOL ADMINISTRATIVE AUTHORITY with an application approved 2,481
under division (B) of this section for a specified period from 2,483
the statutory provisions or rules specified in the approved 2,484
application. The period of exemption shall not exceed the period 2,485
during which the pilot program proposed in the application is 2,486
being implemented and a reasonable period to allow for evaluation 2,487
of the effectiveness of the program. 2,488
Sec. 3311.19. (A) The management and control of a joint 2,497
vocational school district shall be vested in the joint 2,498
vocational school district board of education. Where a joint 2,499
vocational school district is composed only of two or more local 2,500
school districts located in one county, or when all the 2,501
participating districts are in one county and the boards of such 2,502
participating districts so choose, the educational service center 2,504
governing board of the county in which the joint vocational 2,505
school district is located shall serve as the joint vocational 2,506
school district board of education. Where a joint vocational 2,507
school district is composed of local school districts of more 2,508
than one county, or of any combination of city, local, or 2,509
exempted village school districts or educational service centers, 2,510
unless administration by the educational service center governing 2,511
board has been chosen by all the participating districts in one 2,513
county pursuant to this section, the board of education of the 2,514
joint vocational school district shall be composed of one or more 2,515
persons who are members of the boards of education from each of 2,516
the city or exempted village school districts or members of the 2,517
educational service centers' governing boards affected to be 2,518
appointed by the boards of education or governing boards of such 2,519
school districts and educational service centers. In such joint 2,520
vocational school districts the number and terms of members of 2,522
the joint vocational school district board of education and the 2,523
allocation of a given number of members to each of the city and 2,524
57
exempted village districts and educational service centers shall 2,525
be determined in the plan for such district, provided that each 2,527
such joint vocational school district board of education shall be 2,528
composed of an odd number of members.
(B) Notwithstanding division (A) of this section, a 2,530
governing board of an educational service center that has members 2,531
of its governing board serving on a joint vocational school 2,534
district board of education may make a request to the joint 2,535
vocational district board that the joint vocational school 2,536
district plan be revised to provide for one or more members of 2,537
boards of education of local school districts that are within the 2,538
territory of the educational service district and within the 2,539
joint vocational school district to serve in the place of or in 2,540
addition to its educational service center governing board 2,541
members. If agreement is obtained among a majority of the boards 2,543
of education and governing boards that have a member serving on 2,545
the joint vocational school district board of education and among 2,546
a majority of the local school district boards of education 2,547
included in the district and located within the territory of the 2,548
educational service center whose board requests the substitution 2,549
or addition, the state board of education may revise the joint 2,550
vocational school district plan to conform with such agreement. 2,551
(C) If the board of education of any school district or 2,554
educational service center governing board included within a
joint vocational district that has had its board or governing 2,556
board membership revised under division (B) of this section
requests the joint vocational school district board to submit to 2,557
the state board of education a revised plan under which one or 2,558
more joint vocational board members chosen in accordance with a 2,559
plan revised under such division would again be chosen in the 2,560
manner prescribed by division (A) of this section, the joint 2,561
vocational board shall submit the revised plan to the state board 2,562
of education, provided the plan is agreed to by a majority of the 2,563
boards of education represented on the joint vocational board, a 2,564
58
majority of the local school district boards included within the 2,565
joint vocational district, and each educational service center 2,566
governing board affected by such plan. The state board of 2,568
education may revise the joint vocational school district plan to 2,569
conform with the revised plan. 2,570
(D) The vocational schools in such joint vocational school 2,572
district shall be available to all youth of school age within the 2,573
joint vocational school district subject to the rules adopted by 2,574
the joint vocational school district board of education in regard 2,575
to the standards requisite to admission. A joint vocational 2,576
school district board of education shall have the same powers, 2,577
duties, and authority for the management and operation of such 2,578
joint vocational school district as is granted by law, except by 2,579
this chapter and Chapters 124., 3317., 3323., and 3331. of the 2,580
Revised Code, to a board of education of a city school district, 2,581
and shall be subject to all the provisions of law that apply to a 2,582
city school district, except such provisions in this chapter and 2,583
Chapters 124., 3317., 3323., and 3331. of the Revised Code. 2,584
(E) Where a governing board of an educational service 2,587
center has been designated to serve as the joint vocational 2,588
school district board of education, the educational service 2,589
center superintendent shall be the executive officer for the 2,590
joint vocational school district, and the governing board may 2,591
provide for additional compensation to be paid to him THE 2,592
EDUCATIONAL SERVICE CENTER SUPERINTENDENT by the joint vocational 2,593
school district, but he THE EDUCATIONAL SERVICE CENTER 2,594
SUPERINTENDENT shall have no continuing tenure other than that of 2,596
educational service center superintendent. The superintendent of 2,598
schools of a joint vocational school district shall exercise the 2,599
duties and authority vested by law in a superintendent of schools 2,600
pertaining to the operation of a school district and the 2,601
employment and supervision of its personnel. The joint
vocational school district board of education shall appoint a 2,603
treasurer of the joint vocational school district who shall be 2,604
59
the fiscal officer for such district and who shall have all the 2,605
powers, duties, and authority vested by law in a treasurer of a 2,606
board of education. Where a governing board of an educational 2,607
service center has been designated to serve as the joint 2,608
vocational school district board of education, such board may 2,609
appoint the educational service center superintendent as the 2,611
treasurer of the joint vocational school district. 2,612
(F) Each member of a joint vocational school district 2,614
board of education may be paid such compensation as the board 2,615
provides by resolution, but it shall not exceed eighty dollars 2,616
per member for meetings EACH MEETING attended, not exceeding 2,617
twelve meetings in any one year, plus mileage, at the rate per 2,619
mile provided by resolution of the board, to and from such 2,621
meetings of the board.
The board may provide by resolution for the deduction of 2,623
amounts payable for benefits under division (D) of section 2,624
3313.202 of the Revised Code. No member of a board of a joint 2,625
vocational school district who is purchasing any category of 2,626
benefits under such section offered by a city, local, or exempted 2,627
village school board or educational service center governing 2,628
board, shall purchase the same category of benefits as a member 2,629
of the joint vocational school board. 2,630
Sec. 3311.213. (A) With the approval of the board of 2,639
education of a joint vocational school district which is in 2,640
existence, any school district in the county or counties 2,641
comprising the joint vocational school district or any school 2,642
district in a county adjacent to a county comprising part of a 2,643
joint vocational school district may become a part of the joint 2,644
vocational school district. On the adoption of a resolution of 2,645
approval by the board of education of the joint vocational school 2,646
district, it shall advertise a copy of such resolution in a 2,647
newspaper of general circulation in the school district proposing 2,648
to become a part of such joint vocational school district once 2,649
each week for at least two weeks immediately following the date 2,650
60
of the adoption of such resolution. Such resolution shall NOT 2,651
become legally effective on UNTIL the sixtieth LATER OF THE 2,652
SIXTY-FIRST day after its adoption unless prior to the expiration 2,654
of such sixty-day period qualified electors residing in the 2,655
school district proposed to become a part of the joint vocational 2,656
school district equal in number to a majority of the qualified 2,657
electors voting at the last general election file with such board 2,658
of education a petition of remonstrance against such transfer OR 2,659
UNTIL THE BOARD OF ELECTIONS CERTIFIES THE RESULTS OF AN ELECTION 2,660
IN FAVOR OF JOINING OF THE SCHOOL DISTRICT TO THE JOINT
VOCATIONAL SCHOOL DISTRICT IF SUCH AN ELECTION IS HELD UNDER 2,661
DIVISION (B) OF THIS SECTION. 2,662
(B) DURING THE SIXTY-DAY PERIOD FOLLOWING THE DATE OF THE 2,665
ADOPTION OF A RESOLUTION TO JOIN A SCHOOL DISTRICT TO A JOINT 2,667
VOCATIONAL SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION, 2,668
THE ELECTORS OF THE SCHOOL DISTRICT THAT PROPOSES JOINING THE 2,670
JOINT VOCATIONAL SCHOOL DISTRICT MAY PETITION FOR A REFERENDUM 2,671
VOTE ON THE RESOLUTION. THE QUESTION WHETHER TO APPROVE OR 2,672
DISAPPROVE THE RESOLUTION SHALL BE SUBMITTED TO THE ELECTORS OF 2,673
SUCH SCHOOL DISTRICT IF A NUMBER OF QUALIFIED ELECTORS EQUAL TO 2,674
TWENTY PER CENT OF THE NUMBER OF ELECTORS IN THE SCHOOL DISTRICT 2,675
WHO VOTED FOR THE OFFICE OF GOVERNOR AT THE MOST RECENT GENERAL 2,676
ELECTION FOR THAT OFFICE SIGN A PETITION ASKING THAT THE QUESTION 2,677
OF WHETHER THE RESOLUTION SHALL BE DISAPPROVED BE SUBMITTED TO 2,678
THE ELECTORS. THE PETITION SHALL BE FILED WITH THE BOARD OF 2,679
ELECTIONS OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED. 2,680
IF THE SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 2,682
PETITION SHALL BE FILED WITH THE BOARD OF ELECTIONS OF THE COUNTY 2,683
IN WHICH THE MAJORITY OF THE TERRITORY OF THE SCHOOL DISTRICT IS 2,684
LOCATED. THE BOARD SHALL CERTIFY THE VALIDITY AND SUFFICIENCY OF 2,686
THE SIGNATURES ON THE PETITION. 2,687
THE BOARD OF ELECTIONS SHALL IMMEDIATELY NOTIFY THE BOARD 2,690
OF EDUCATION OF THE JOINT VOCATIONAL SCHOOL DISTRICT AND THE 2,691
BOARD OF EDUCATION OF THE SCHOOL DISTRICT THAT PROPOSES JOINING 2,692
61
THE JOINT VOCATIONAL SCHOOL DISTRICT THAT THE PETITION HAS BEEN 2,693
FILED.
THE EFFECT OF THE RESOLUTION SHALL BE STAYED UNTIL THE 2,695
BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND SUFFICIENCY OF THE 2,696
SIGNATURES ON THE PETITION. IF THE BOARD OF ELECTIONS DETERMINES 2,698
THAT THE PETITION DOES NOT CONTAIN A SUFFICIENT NUMBER OF VALID 2,699
SIGNATURES AND SIXTY DAYS HAVE PASSED SINCE THE ADOPTION OF THE 2,700
RESOLUTION, THE RESOLUTION SHALL BECOME EFFECTIVE. 2,701
IF THE BOARD OF ELECTIONS CERTIFIES THAT THE PETITION 2,703
CONTAINS A SUFFICIENT NUMBER OF VALID SIGNATURES, THE BOARD SHALL 2,705
SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE SCHOOL 2,706
DISTRICT ON THE DAY OF THE NEXT GENERAL OR PRIMARY ELECTION HELD 2,709
AT LEAST SEVENTY-FIVE DAYS AFTER BUT NO LATER THAN SIX MONTHS 2,710
AFTER THE BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND 2,711
SUFFICIENCY OF SIGNATURES ON THE PETITION. IF THERE IS NO 2,712
GENERAL OR PRIMARY ELECTION HELD AT LEAST SEVENTY-FIVE DAYS AFTER 2,713
BUT NO LATER THAN SIX MONTHS AFTER THE BOARD OF ELECTIONS 2,714
CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE 2,715
PETITION, THE BOARD SHALL SUBMIT THE QUESTION TO THE ELECTORS AT 2,716
A SPECIAL ELECTION TO BE HELD ON THE NEXT DAY SPECIFIED FOR 2,717
SPECIAL ELECTIONS IN DIVISION (D) OF SECTION 3501.01 OF THE 2,718
REVISED CODE THAT OCCURS AT LEAST SEVENTY-FIVE DAYS AFTER THE
BOARD CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE 2,719
PETITION. THE ELECTION SHALL BE CONDUCTED AND CANVASSED AND THE 2,720
RESULTS SHALL BE CERTIFIED IN THE SAME MANNER AS IN REGULAR 2,721
ELECTIONS FOR THE ELECTION OF MEMBERS OF A BOARD OF EDUCATION. 2,722
IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION 2,724
DISAPPROVE THE RESOLUTION, THE RESOLUTION SHALL NOT BECOME 2,726
EFFECTIVE.
(C) If such THE resolution becomes legally effective, the 2,729
board of education of the joint vocational school district shall 2,730
notify the county auditor of the county in which the school 2,731
district becoming a part of the joint vocational school district 2,732
is located, who shall thereupon have any outstanding levy for 2,733
62
building purposes, bond retirement, or current expenses in force 2,734
in the joint vocational school district spread over the territory 2,735
of the school district becoming a part of the joint vocational 2,736
school district. On the addition of a city or exempted village 2,738
school district or an educational service center to the joint
vocational school district, pursuant to this section, the board 2,740
of education of such joint vocational school district shall 2,741
submit to the state board of education a proposal to enlarge the 2,742
membership of such board by the addition of one or more persons 2,743
at least one of whom shall be a member of the board of education 2,744
or governing board of such additional school district or 2,745
educational service center, and the term of each such additional 2,746
member. On the addition of a local school district to the joint 2,748
vocational school district, pursuant to this section, the board 2,749
of education of such joint vocational school district may submit 2,750
to the state board of education a proposal to enlarge the 2,751
membership of such board by the addition of one or more persons 2,752
who are members of the educational service center governing board 2,753
of such additional local school district. On approval by the 2,755
state board of education additional members shall be added to 2,756
such joint vocational school district board of education. 2,757
Sec. 3311.24. (A) Except as provided in division (B) of 2,766
this section, if the board of education of a city school district 2,767
or of an, exempted village, OR LOCAL school district deems it 2,769
advisable to transfer territory from such district to an 2,770
adjoining city or, exempted village, OR LOCAL school district or 2,771
to an educational service center, or if a petition, signed by 2,773
seventy-five per cent of the qualified electors residing within 2,774
that portion of a city or, exempted village, OR LOCAL school 2,775
district proposed to be transferred voting at the last general 2,777
election, requests such a transfer, the board of education of the 2,778
district in which such proposal originates shall file such 2,779
proposal, together with a map showing the boundaries of the 2,780
territory proposed to be transferred, with the state board of 2,781
63
education prior to the first day of April in any even-numbered 2,782
year. The state board of education may, if it is advisable, 2,783
provide for a hearing in any suitable place in any of the school 2,784
districts affected by such proposed transfer of territory. The 2,785
state board of education or its representatives shall preside at 2,786
any such hearing.
Not later than the first day of September the state board 2,788
of education shall either approve or disapprove a proposed 2,789
transfer of territory filed with it as provided by this section 2,790
and shall notify, in writing, the boards of education of the 2,791
districts affected by such proposed transfer of territory of its 2,792
decision. 2,793
If the decision of the state board of education is an 2,795
approval of the proposed transfer of territory then the board of 2,796
education of the district in which the territory is located 2,797
shall, within thirty days after receiving the state board of 2,798
education's decision, adopt a resolution transferring the 2,799
territory and shall forthwith submit a copy of such resolution to 2,800
the treasurer of the board of education of the city or, exempted 2,801
village, OR LOCAL school district or educational service center 2,803
to which the territory is transferred. Such transfer shall not 2,805
be complete however, until:
(1) A resolution accepting the transfer has been passed by 2,807
a majority vote of the full membership of the board of education 2,808
of the city or, exempted village, OR LOCAL school district or 2,810
educational service center governing board to which the territory 2,811
is transferred;
(2) An equitable division of the funds and indebtedness 2,813
between the districts and educational service centers involved 2,814
has been made by the board of education making the transfer; 2,817
(3) A map showing the boundaries of the territory 2,819
transferred has been filed, by the board of education or 2,820
educational service center accepting the transfer, with the 2,822
county auditor of each county affected by the transfer. 2,823
64
When such transfer is complete the legal title of the 2,825
school property in the territory transferred shall be vested in 2,826
the board of education or governing board of the school district 2,827
or educational service center to which the territory is 2,829
transferred.
(B) Whenever the transfer of territory pursuant to this 2,831
section is initiated by a board of education, the board shall, 2,832
before filing a proposal for transfer with the state board of 2,833
education under this section, make a good faith effort to 2,834
negotiate the terms of transfer with any other school district or 2,835
educational service center whose territory would be affected by 2,838
the transfer. Before the state board may hold a hearing on the 2,839
transfer, or approve or disapprove any such transfer, it must 2,840
receive the following:
(1) A resolution requesting approval of the transfer, 2,842
passed by the school district submitting the proposal; 2,843
(2) Evidence determined to be sufficient by the state 2,845
board to show that good faith negotiations have taken place or 2,846
that the district requesting the transfer has made a good faith 2,847
effort to hold such negotiations; 2,848
(3) If any negotiations took place, a statement signed by 2,850
all boards and governing boards that participated in the 2,851
negotiations, listing the terms agreed on and the points on which 2,854
no agreement could be reached. 2,855
Negotiations held pursuant to this section shall be 2,857
governed by the rules adopted by the state board under division 2,858
(D) of section 3311.06 of the Revised Code. Districts and 2,859
educational service centers involved in a transfer under division 2,861
(B) of this section may agree to share revenues from the property 2,862
included in the territory to be transferred, establish 2,863
cooperative programs between the participating districts, and 2,864
establish mechanisms for the settlement of any future boundary 2,865
disputes.
Sec. 3313.376. As used in this section, "client district" 2,874
65
means a city or exempted village school district that has entered 2,876
into an agreement with an educational service center pursuant to 2,877
section 3313.843 of the Revised Code.
For the purpose of obtaining quantity discounts in 2,879
purchasing textbooks; computer equipment, including computer 2,880
software; and school buses; AND NATURAL GAS, ELECTRICITY, AND 2,881
OTHER UTILITY SERVICES, the governing boards of two or more 2,882
education EDUCATIONAL service centers may enter into an agreement 2,884
AGREEMENTS, INCLUDING INSTALLMENT PURCHASE AND LEASE-PURCHASE 2,885
CONTRACTS, to jointly purchase such commodities to be utilized by 2,887
local school districts, or by client districts, being served by 2,888
the education EDUCATIONAL service centers. 2,889
Sec. 3313.603. (A) As used in this section: 2,898
(1) "One unit" means a minimum of one hundred twenty hours 2,901
of course instruction, except that for a laboratory course, "one 2,903
unit" means a minimum of one hundred fifty hours of course 2,904
instruction.
(2) "One-half unit" means a minimum of sixty hours of 2,907
course instruction, except that for physical education courses, 2,908
"one-half unit" means a minimum of one hundred twenty hours of 2,909
course instruction.
(B) Beginning September 15, 2001, the requirements for 2,911
graduation from every high school shall include twenty-one units 2,913
earned in grades nine through twelve and shall be distributed as 2,914
follows:
(1) English language arts, four units; 2,916
(2) Health, one-half unit; 2,918
(3) Mathematics, three units; 2,920
(4) Physical education, one-half unit; 2,922
(5) Science, two units until September 15, 2003, and three 2,924
units thereafter, which at all times shall include both of the 2,925
following: 2,926
(a) Biological sciences, one unit; 2,929
(b) Physical sciences, one unit. 2,932
66
(6) Social studies, three units, which shall include both 2,934
of the following: 2,935
(a) American history, one-half unit; 2,938
(b) American government, one-half unit. 2,941
(7) Elective units, eight units until September 15, 2003, 2,943
and seven units thereafter. 2,944
Each student's electives shall include at least one unit, 2,946
or two half units, chosen from among the areas of 2,947
business/technology, fine arts, and/or foreign language. 2,948
(C) Every high school may permit students below the ninth 2,951
grade to take advanced work for credit. A high school shall 2,952
count such advanced work toward the graduation requirements of 2,953
division (B) of this section if the advanced work was both: 2,954
(1) Taught by a person who possesses a license or 2,956
certificate issued under section 3301.071, 3319.22, or 3319.222 2,957
of the Revised Code that is valid for teaching high school; 2,959
(2) Designated by the board of education of the city, 2,961
local, or exempted village school district or, the board of the 2,962
cooperative education school district, OR THE GOVERNING AUTHORITY 2,964
OF THE CHARTERED NONPUBLIC SCHOOL as meeting the high school 2,965
curriculum requirements.
(D) Units earned in English language arts, mathematics, 2,968
science, and social studies that are delivered through integrated 2,969
academic and technical instruction are eligible to meet the 2,970
graduation requirements of division (B) of this section. 2,971
Sec. 3313.608. (A) Beginning with students who enter 2,980
fourth grade in the school year that starts July 1, 2001, no 2,983
city, exempted village, or local school district shall promote to 2,984
fifth grade any student who fails to attain the score designated 2,985
under division (A)(1) of section 3301.0710 of the Revised Code on 2,988
the test prescribed under that division to measure skill in 2,989
reading, unless either of the following applies: 2,990
(1) The pupil was excused from taking the test under 2,992
division (C)(1) of section 3301.0711 of the Revised Code; 2,994
67
(2) The pupil's principal and reading teacher agree that 2,996
the pupil is academically prepared, as determined pursuant to the 2,998
district policy adopted under section 3313.609 of the Revised 2,999
Code, to be promoted to fifth grade.
(B)(1) To assist students in meeting this fourth grade 3,001
guarantee established by this section, each city, exempted 3,002
village, and local school district shall adopt policies and 3,003
procedures with which it shall, beginning in the school year that 3,004
starts July 1, 1998, annually assess the reading skills of each 3,006
student at the end of first, second, and third grade and identify 3,007
students who are reading below their grade level. The policy and 3,008
procedures shall require the students' classroom teachers to be 3,009
involved in the assessment and the identification of students 3,010
reading below grade level. The district shall notify the parent 3,011
or guardian of each student whose reading skills are below grade 3,012
level and, in accordance with division (C) of this section, 3,014
provide intervention services to each student reading below grade 3,015
level.
(2) For each student identified as reading below grade 3,017
level at the end of third grade, the district shall offer intense 3,019
remediation services during the summer following third grade. 3,020
(3) For each student entering fourth grade after July 1, 3,022
2001, who does not attain by the end of the fourth grade the 3,023
score designated under division (A)(1) of section 3301.0710 of 3,025
the Revised Code on the test prescribed under that division to 3,028
measure skill in reading, the district also shall offer intense 3,029
remediation services, and another opportunity to take that test, 3,030
during the summer following fourth grade. 3,031
(C) For each student required to be offered remediation 3,034
services under this section, the district shall involve the 3,035
student's parent or guardian and classroom teacher in developing 3,036
the intervention strategy, and shall offer to the parent or 3,037
guardian the opportunity to be involved in the intervention 3,038
services.
68
(D) Beginning in the summer of 1999, in addition to the 3,040
remediation requirements of divisions (B) and (C) of this 3,041
section, every city, exempted village, or local school district 3,042
shall offer summer remediation to any student who has failed to 3,043
attain the designated scores on three or more of the five tests 3,044
described by division (A)(1) or (2) of section 3301.0710 of the 3,045
Revised Code.
(E) ANY SUMMER REMEDIATION SERVICES FUNDED IN WHOLE OR IN 3,048
PART BY THE STATE AND OFFERED BY SCHOOL DISTRICTS TO STUDENTS
UNDER THIS SECTION SHALL MEET THE FOLLOWING CONDITIONS: 3,049
(1) THE REMEDIATION METHODS ARE BASED ON RELIABLE 3,051
EDUCATIONAL RESEARCH. 3,052
(2) THE SCHOOL DISTRICTS CONDUCT TESTING BEFORE AND AFTER 3,054
STUDENTS PARTICIPATE IN THE PROGRAM TO FACILITATE MONITORING 3,055
RESULTS OF THE REMEDIATION SERVICES. 3,056
(3) THE PARENTS OF PARTICIPATING STUDENTS ARE INVOLVED IN 3,058
PROGRAMMING DECISIONS. 3,059
(4) THE SERVICES ARE CONDUCTED IN A SCHOOL BUILDING OR 3,061
COMMUNITY CENTER AND NOT ON AN AT-HOME BASIS. 3,062
Sec. 3313.61. (A) A diploma shall be granted by the board 3,071
of education of any city, exempted village, or local school 3,072
district that operates a high school to any person to whom all of 3,073
the following apply: 3,074
(1) The person has successfully completed the curriculum 3,076
in any high school or the individualized education program 3,077
developed for the person by any high school pursuant to section 3,078
3323.08 of the Revised Code; 3,079
(2) The person has attained at least the applicable scores 3,081
designated under division (B) of section 3301.0710 of the Revised 3,082
Code on all the tests required by that division unless the person 3,083
was excused from taking any such test pursuant to division (C)(1) 3,084
of section 3301.0711 or section 3313.532 of the Revised Code or 3,085
unless division (H) of this section applies to the person; 3,086
(3) The person is not eligible to receive an honors 3,088
69
diploma granted pursuant to division (B) of this section. 3,089
Except as provided in divisions (C), (E), and (J) of this 3,092
section, no diploma shall be granted under this division to 3,093
anyone except as provided under this division. 3,094
(B) In lieu of a diploma granted under division (A) of 3,096
this section, an honors diploma shall be granted, in accordance 3,097
with rules of the state board of education, by any such district 3,098
board to anyone who successfully completes the curriculum in any 3,099
high school or the individualized education program developed for 3,100
the person by any high school pursuant to section 3323.08 of the 3,101
Revised Code, who has attained at least the applicable scores 3,102
designated under division (B) of section 3301.0710 of the Revised 3,103
Code on all the tests required by that division, and who has met 3,104
additional criteria established by the state board for the 3,105
granting of such a diploma. Except as provided in divisions (C), 3,107
(E), and (J) of this section, no honors diploma shall be granted 3,108
to anyone failing to comply with this division and no more than 3,109
one honors diploma shall be granted to any student under this 3,110
division. 3,111
The state board shall adopt rules prescribing the granting 3,113
of honors diplomas under this division. These rules may 3,114
prescribe the granting of honors diplomas that recognize a 3,115
student's achievement as a whole or that recognize a student's 3,116
achievement in one or more specific subjects or both. In any 3,117
case, the rules shall designate two or more criteria for the 3,118
granting of each type of honors diploma the board establishes 3,119
under this division and the number of such criteria that must be 3,120
met for the granting of that type of diploma. The number of such 3,121
criteria for any type of honors diploma shall be at least one 3,122
less than the total number of criteria designated for that type 3,123
and no one or more particular criteria shall be required of all 3,124
persons who are to be granted that type of diploma. 3,125
(C) Any such district board administering any of the tests 3,127
required by section 3301.0710 of the Revised Code to any person 3,128
70
requesting to take such test pursuant to division (B)(5)(b) of 3,130
section 3301.0711 of the Revised Code shall award a diploma to 3,131
such person if the person attains at least the applicable scores 3,133
designated under division (B) of section 3301.0710 of the Revised 3,134
Code on all the tests administered and if the person has 3,135
previously attained the applicable scores on all the other tests 3,137
required by division (B) of that section or has been exempted or 3,138
excused from any such test pursuant to division (H) of this 3,139
section or division (C)(1) of section 3301.0711 or section 3,140
3313.532 of the Revised Code. 3,141
(D) Each diploma awarded under this section shall be 3,143
signed by the president and treasurer of the issuing board, the 3,144
superintendent of schools, and the principal of the high school. 3,145
Each diploma shall bear the date of its issue, be in such form as 3,146
the district board prescribes, and be paid for out of the 3,147
district's general fund. 3,148
(E) A person who is a resident of Ohio and is eligible 3,150
under state board of education minimum standards to receive a 3,151
high school diploma based in whole or in part on credits earned 3,152
while an inmate of a correctional institution operated by the 3,153
state or any political subdivision thereof, shall be granted such 3,154
diploma by the correctional institution operating the programs in 3,155
which such credits were earned, and by the board of education of 3,156
the school district in which the inmate resided immediately prior 3,157
to the inmate's placement in the institution. The diploma 3,158
granted by the correctional institution shall be signed by the 3,160
director of the institution, and by the person serving as 3,161
principal of the institution's high school and shall bear the 3,162
date of issue.
(F) Persons who are not residents of Ohio but who are 3,164
inmates of correctional institutions operated by the state or any 3,165
political subdivision thereof, and who are eligible under state 3,166
board of education minimum standards to receive a high school 3,167
diploma based in whole or in part on credits earned while an 3,168
71
inmate of the correctional institution, shall be granted a 3,169
diploma by the correctional institution offering the program in 3,170
which the credits were earned. The diploma granted by the 3,171
correctional institution shall be signed by the director of the 3,172
institution and by the person serving as principal of the 3,173
institution's high school and shall bear the date of issue. 3,174
(G) The state board of education shall provide by rule for 3,176
the administration of the tests required by section 3301.0710 of 3,177
the Revised Code to inmates of correctional institutions. 3,178
(H) Any person to whom all of the following apply shall be 3,180
exempted from attaining the applicable score on the test in 3,181
citizenship designated under division (B) of section 3301.0710 of 3,182
the Revised Code: 3,183
(1) The person is not a citizen of the United States; 3,185
(2) The person is not a permanent resident of the United 3,187
States; 3,188
(3) The person indicates no intention to reside in the 3,191
United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and 3,193
division (D) of section 3311.52 of the Revised Code, this section 3,194
and section 3311.611 of the Revised Code do not apply to the 3,195
board of education of any joint vocational school district or any 3,196
cooperative education school district established pursuant to 3,197
divisions (A) to (C) of section 3311.52 of the Revised Code. 3,198
(J) Upon receipt of a notice under division (D) of section 3,201
3325.08 of the Revised Code that a student has received a diploma 3,202
under that section, the board of education receiving the notice 3,203
may grant a high school diploma under this section to the 3,204
student, except that such board shall grant the student a diploma 3,205
if the student meets the graduation requirements that the student
would otherwise have had to meet to receive a diploma from the 3,206
district. The diploma granted under this section shall be of the 3,208
same type the notice indicates the student received under section
3325.08 of the Revised Code. 3,209
72
(K) AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT" 3,211
HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711 3,213
OF THE REVISED CODE. 3,214
NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS 3,216
PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED 3,219
CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE
APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION 3,221
3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS 3,222
REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS 3,223
SECTION.
Sec. 3313.611. (A) The state board of education shall 3,232
adopt, by rule, standards for awarding high school credit 3,233
equivalent to credit for completion of high school academic and 3,234
vocational education courses to applicants for diplomas under 3,235
this section. The standards may permit high school credit to be 3,236
granted to an applicant for any of the following: 3,237
(1) Work experiences or experiences as a volunteer; 3,239
(2) Completion of academic, vocational, or 3,241
self-improvement courses offered to persons over the age of 3,242
twenty-one by a chartered public or nonpublic school; 3,243
(3) Completion of academic, vocational, or 3,245
self-improvement courses offered by an organization, individual, 3,246
or educational institution other than a chartered public or 3,247
nonpublic school; 3,248
(4) Other life experiences considered by the board to 3,250
provide knowledge and learning experiences comparable to that 3,251
gained in a classroom setting. 3,252
(B) The board of education of any city, exempted village, 3,254
or local school district that operates a high school shall grant 3,255
a diploma of adult education to any applicant if all of the 3,256
following apply: 3,257
(1) The applicant is a resident of the district; 3,259
(2) The applicant is over the age of twenty-one and has 3,261
not been issued a diploma as provided in section 3313.61 of the 3,262
73
Revised Code; 3,263
(3) The applicant has attained the applicable scores 3,265
designated under division (B) of section 3301.0710 of the Revised 3,266
Code on all of the tests required by that division or was excused 3,267
or exempted from any such test pursuant to division (C)(1) of 3,268
section 3301.0711, section 3313.532, or division (H) of section 3,269
3313.61 of the Revised Code; 3,270
(4) The district board determines, in accordance with the 3,272
standards adopted under division (A) of this section, that the 3,273
applicant has attained sufficient high school credits, including 3,274
equivalent credits awarded under such standards, to qualify as 3,275
having successfully completed the curriculum required by the 3,276
district for graduation. 3,277
(C) If a district board determines that an applicant is 3,279
not eligible for a diploma under division (B) of this section, it 3,280
shall inform the applicant of the reason he THE APPLICANT is 3,281
ineligible and shall provide a list of any courses required for 3,282
the diploma for which the applicant has not received credit. An 3,284
applicant may reapply for a diploma under this section at any 3,285
time.
(D) If a district board awards an adult education diploma 3,287
under this section, the president and treasurer of the board and 3,288
the superintendent of schools shall sign it. Each diploma shall 3,289
bear the date of its issuance, be in such form as the district 3,290
board prescribes, and be paid for from the district's general 3,291
fund, except that the state board may by rule prescribe standard 3,292
language to be included on each diploma. 3,293
(E) AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT" 3,295
HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711 3,297
OF THE REVISED CODE. 3,298
NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS 3,300
PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED 3,303
CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE
APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION 3,305
74
3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS 3,306
REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS 3,307
SECTION.
Sec. 3313.612. On and after September 15, 1998, no 3,316
nonpublic school chartered by the state board of education, shall 3,317
grant any high school diploma to any person unless the person has 3,318
attained at least the applicable scores designated under division 3,319
(B) of section 3301.0710 of the Revised Code on all the tests 3,320
required by that division except as follows: 3,321
(A) This prohibition does not apply to any person with 3,323
regard to any test from which the person was excused pursuant to 3,324
division (C)(1) of section 3301.0711 of the Revised Code; 3,325
(B) This prohibition does not apply to any person with 3,327
regard to the citizenship test if all of the following apply: 3,328
(1) The person is not a citizen of the United States; 3,330
(2) The person is not a permanent resident of the United 3,332
States; 3,333
(3) The person indicates he does not intend NO INTENTION 3,335
to reside in the United States after completion of high school. 3,336
(C) AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT" 3,338
HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711 3,340
OF THE REVISED CODE. 3,341
NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS 3,343
PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED 3,346
CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE
APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION 3,348
3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS 3,349
REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS 3,350
SECTION.
Sec. 3313.613. (A) Except as provided in division (B) of 3,360
this section, and notwithstanding any other section of the 3,361
Revised Code, the board of education of any city, exempted 3,362
village, or local school district that operates a high school 3,363
shall award high school credit for a course successfully 3,364
75
completed outside of regular school hours by a student at an 3,365
accredited post-secondary institution. Such course may either be 3,366
free of charge or paid for by the parent, guardian, or custodian 3,367
of the student. High school credit awarded for a course
successfully completed under this section shall count toward the 3,368
graduation requirements and subject area requirements of the 3,369
school district. If a course comparable to the course 3,370
successfully completed under this section is offered by the 3,371
school district, the district board shall award comparable credit 3,372
for the completed equivalent course. If no comparable course is
offered by the school district, the district board shall grant to 3,373
the student an appropriate number of credits in a similar subject 3,374
area.
(B) The board of education of a city, local, or exempted 3,376
village school district OR THE GOVERNING AUTHORITY OF A COMMUNITY 3,377
SCHOOL, WHEN APPLICABLE, may adopt a policy under which it may 3,378
deny high school credit under this section and Chapter 3365. of 3,380
the Revised Code for post-secondary courses any portion of which 3,382
were taken during the period of an expulsion imposed by the 3,383
district's superintendent OR THE SCHOOL'S GOVERNING AUTHORITY 3,384
under division (B) of section 3313.66 of the Revised Code or 3,385
extended under division (F) of that section. 3,386
Sec. 3313.974. AS USED IN THIS SECTION AND IN SECTIONS 3,389
3313.975 TO 3313.979 OF THE REVISED CODE: 3,390
(A) "INDIVIDUALIZED EDUCATION PROGRAM" AND "HANDICAPPED 3,393
CHILD" HAVE THE SAME MEANINGS AS IN SECTION 3323.01 OF THE 3,394
REVISED CODE. 3,395
(B) "MAINSTREAMED HANDICAPPED STUDENT" MEANS A HANDICAPPED 3,398
CHILD WHO HAS AN INDIVIDUALIZED EDUCATION PROGRAM PROVIDING FOR 3,399
THE STUDENT TO SPEND MORE THAN HALF OF EACH SCHOOL DAY IN A 3,400
REGULAR SCHOOL SETTING WITH NONHANDICAPPED STUDENTS. 3,401
(C) "SEPARATELY EDUCATED HANDICAPPED STUDENT" MEANS A 3,404
HANDICAPPED CHILD WHO HAS AN INDIVIDUALIZED EDUCATION PROGRAM 3,405
PROVIDING FOR THE STUDENT TO SPEND AT LEAST HALF OF EACH SCHOOL 3,406
76
DAY IN A CLASS OR SETTING SEPARATED FROM NONHANDICAPPED STUDENTS. 3,407
(D) "LOW-INCOME FAMILY" MEANS A FAMILY WHOSE INCOME IS 3,409
BELOW THE LEVEL WHICH THE SUPERINTENDENT OF PUBLIC INSTRUCTION 3,410
SHALL ESTABLISH. 3,411
(E) "PARENT" HAS THE SAME MEANING AS IN SECTION 3313.98 OF 3,414
THE REVISED CODE.
(F) "REGISTERED PRIVATE SCHOOL" MEANS A SCHOOL REGISTERED 3,417
WITH THE SUPERINTENDENT OF PUBLIC INSTRUCTION PURSUANT TO SECTION 3,418
3313.976 OF THE REVISED CODE.
(G) "ALTERNATIVE SCHOOL" MEANS A REGISTERED PRIVATE SCHOOL 3,421
LOCATED IN A SCHOOL DISTRICT OR A PUBLIC SCHOOL LOCATED IN AN 3,422
ADJACENT SCHOOL DISTRICT.
(H) "TUTORIAL ASSISTANCE" MEANS INSTRUCTIONAL SERVICES 3,425
PROVIDED TO A STUDENT OUTSIDE OF REGULAR SCHOOL HOURS APPROVED BY 3,426
THE COMMISSION ON SCHOOL CHOICE PURSUANT TO SECTION 3313.976 OF 3,428
THE REVISED CODE.
Sec. 3313.975. AS USED IN THIS SECTION AND IN SECTIONS 3,430
3313.975 TO 3313.979 OF THE REVISED CODE, "THE PILOT PROJECT 3,431
SCHOOL DISTRICT" OR "THE DISTRICT" MEANS ANY SCHOOL DISTRICT 3,434
INCLUDED IN THE PILOT PROJECT SCHOLARSHIP PROGRAM PURSUANT TO 3,435
THIS SECTION.
(A) THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL 3,438
ESTABLISH A PILOT PROJECT SCHOLARSHIP PROGRAM AND SHALL INCLUDE 3,439
IN SUCH PROGRAM ANY SCHOOL DISTRICTS THAT ARE OR HAVE EVER BEEN 3,440
UNDER FEDERAL COURT ORDER REQUIRING SUPERVISION AND OPERATIONAL 3,442
MANAGEMENT OF THE DISTRICT BY THE STATE SUPERINTENDENT. THE
PROGRAM SHALL PROVIDE FOR A NUMBER OF STUDENTS RESIDING IN ANY 3,444
SUCH DISTRICT TO RECEIVE SCHOLARSHIPS TO ATTEND ALTERNATIVE 3,445
SCHOOLS, AND FOR AN EQUAL NUMBER OF STUDENTS TO RECEIVE TUTORIAL 3,446
ASSISTANCE GRANTS WHILE ATTENDING PUBLIC SCHOOL IN ANY SUCH 3,447
DISTRICT.
(B) THE STATE SUPERINTENDENT SHALL ESTABLISH AN 3,449
APPLICATION PROCESS AND DEADLINE FOR ACCEPTING APPLICATIONS FROM 3,450
STUDENTS RESIDING IN THE DISTRICT TO PARTICIPATE IN THE 3,451
77
SCHOLARSHIP PROGRAM. IN THE INITIAL YEAR OF THE PROGRAM STUDENTS 3,452
MAY ONLY USE A SCHOLARSHIP TO ATTEND SCHOOL IN GRADES 3,453
KINDERGARTEN THROUGH THIRD.
THE STATE SUPERINTENDENT SHALL AWARD AS MANY SCHOLARSHIPS 3,455
AND TUTORIAL ASSISTANCE GRANTS AS CAN BE FUNDED GIVEN THE AMOUNT 3,456
APPROPRIATED FOR THE PROGRAM. IN NO CASE, HOWEVER, SHALL MORE 3,457
THAN FIFTY PER CENT OF ALL SCHOLARSHIPS AWARDED BE USED BY 3,458
STUDENTS WHO WERE ENROLLED IN A NONPUBLIC SCHOOL DURING THE 3,459
SCHOOL YEAR OF APPLICATION FOR A SCHOLARSHIP. 3,460
(C)(1) THE PILOT PROJECT PROGRAM SHALL CONTINUE IN EFFECT 3,464
EACH YEAR THAT THE GENERAL ASSEMBLY HAS APPROPRIATED SUFFICIENT 3,465
MONEY TO FUND SCHOLARSHIPS AND TUTORIAL ASSISTANCE GRANTS. IN 3,466
EACH YEAR THE PROGRAM CONTINUES, NO NEW STUDENTS MAY RECEIVE 3,467
SCHOLARSHIPS UNLESS THEY ARE ENROLLED IN GRADE KINDERGARTEN, ONE, 3,468
TWO, OR THREE. HOWEVER, ANY STUDENT WHO HAS RECEIVED A 3,470
SCHOLARSHIP THE PRECEDING YEAR MAY CONTINUE TO RECEIVE ONE UNTIL 3,471
THE STUDENT HAS COMPLETED GRADE EIGHT.
(2) IF THE GENERAL ASSEMBLY DISCONTINUES THE SCHOLARSHIP 3,473
PROGRAM, ALL STUDENTS WHO ARE ATTENDING AN ALTERNATIVE SCHOOL 3,474
UNDER THE PILOT PROJECT SHALL BE ENTITLED TO CONTINUED ADMITTANCE 3,476
TO THAT SPECIFIC SCHOOL THROUGH ALL GRADES UP TO THE EIGHTH GRADE 3,477
THAT ARE PROVIDED IN SUCH SCHOOL, UNDER THE SAME CONDITIONS AS 3,479
WHEN THEY WERE PARTICIPATING IN THE PILOT PROJECT. THE STATE 3,480
SUPERINTENDENT SHALL CONTINUE TO MAKE SCHOLARSHIP PAYMENTS IN
ACCORDANCE WITH DIVISION (A) OR (B) OF SECTION 3313.979 OF THE 3,483
REVISED CODE FOR STUDENTS WHO REMAIN ENROLLED IN AN ALTERNATIVE 3,484
SCHOOL UNDER THIS PROVISION IN ANY YEAR THAT FUNDS HAVE BEEN 3,485
APPROPRIATED FOR THIS PURPOSE.
IF FUNDS ARE NOT APPROPRIATED, THE TUITION CHARGED TO THE 3,487
PARENTS OF A STUDENT WHO REMAINS ENROLLED IN AN ALTERNATIVE 3,489
SCHOOL UNDER THIS PROVISION SHALL NOT BE INCREASED BEYOND THE 3,490
AMOUNT EQUAL TO THE AMOUNT OF THE SCHOLARSHIP PLUS ANY ADDITIONAL 3,491
AMOUNT CHARGED THAT STUDENT'S PARENT IN THE MOST RECENT YEAR OF 3,492
ATTENDANCE AS A PARTICIPANT IN THE PILOT PROJECT, EXCEPT THAT 3,493
78
TUITION FOR ALL THE STUDENTS ENROLLED IN SUCH SCHOOL MAY BE 3,494
INCREASED BY THE SAME PERCENTAGE. 3,495
(D) NOTWITHSTANDING SECTIONS 124.39, 3307.35, AND 3319.17 3,498
OF THE REVISED CODE, IF THE PILOT PROJECT SCHOOL DISTRICT 3,499
EXPERIENCES A DECREASE IN ENROLLMENT DUE TO PARTICIPATION IN A 3,500
STATE-SPONSORED SCHOLARSHIP PROGRAM PURSUANT TO SECTIONS 3313.974 3,501
TO 3313.979 OF THE REVISED CODE, THE DISTRICT BOARD OF EDUCATION 3,502
MAY ENTER INTO AN AGREEMENT WITH ANY TEACHER IT EMPLOYS TO 3,503
PROVIDE TO THAT TEACHER SEVERANCE PAY OR EARLY RETIREMENT 3,504
INCENTIVES, OR BOTH, IF THE TEACHER AGREES TO TERMINATE THE 3,505
EMPLOYMENT CONTRACT WITH THE DISTRICT BOARD, PROVIDED ANY 3,506
COLLECTIVE BARGAINING AGREEMENT IN FORCE PURSUANT TO CHAPTER 3,507
4117. OF THE REVISED CODE DOES NOT PROHIBIT SUCH AN AGREEMENT FOR 3,509
TERMINATION OF A TEACHER'S EMPLOYMENT CONTRACT.
Sec. 3313.976. (A) NO PRIVATE SCHOOL MAY RECEIVE 3,512
SCHOLARSHIP PAYMENTS FROM PARENTS PURSUANT TO SECTION 3313.979 OF 3,513
THE REVISED CODE UNTIL THE CHIEF ADMINISTRATOR OF THE PRIVATE 3,514
SCHOOL REGISTERS THE SCHOOL WITH THE SUPERINTENDENT OF PUBLIC 3,515
INSTRUCTION. THE STATE SUPERINTENDENT SHALL REGISTER ANY SCHOOL 3,516
THAT MEETS THE FOLLOWING REQUIREMENTS:
(1) THE SCHOOL IS LOCATED WITHIN THE BOUNDARIES OF THE 3,518
PILOT PROJECT SCHOOL DISTRICT; 3,519
(2) THE SCHOOL INDICATES IN WRITING ITS COMMITMENT TO 3,521
FOLLOW ALL REQUIREMENTS FOR A STATE-SPONSORED SCHOLARSHIP PROGRAM 3,522
SPECIFIED UNDER SECTIONS 3313.974 TO 3313.979 OF THE REVISED 3,526
CODE, INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENTS FOR 3,527
ADMITTING STUDENTS PURSUANT TO SECTION 3313.977 OF THE REVISED 3,529
CODE;
(3) THE SCHOOL MEETS ALL STATE MINIMUM STANDARDS FOR 3,531
CHARTERED NONPUBLIC SCHOOLS IN EFFECT ON JULY 1, 1992, EXCEPT 3,533
THAT THE STATE SUPERINTENDENT AT THE SUPERINTENDENT'S DISCRETION
MAY REGISTER NONCHARTERED NONPUBLIC SCHOOLS MEETING THE OTHER 3,537
REQUIREMENTS OF THIS DIVISION;
(4) THE SCHOOL DOES NOT DISCRIMINATE ON THE BASIS OF RACE, 3,540
79
RELIGION, OR ETHNIC BACKGROUND;
(5) THE SCHOOL ENROLLS A MINIMUM OF TEN STUDENTS PER CLASS 3,543
OR A SUM OF AT LEAST TWENTY-FIVE STUDENTS IN ALL THE CLASSES 3,544
OFFERED;
(6) THE SCHOOL DOES NOT ADVOCATE OR FOSTER UNLAWFUL 3,546
BEHAVIOR OR TEACH HATRED OF ANY PERSON OR GROUP ON THE BASIS OF 3,547
RACE, ETHNICITY, NATIONAL ORIGIN, OR RELIGION; 3,548
(7) THE SCHOOL DOES NOT PROVIDE FALSE OR MISLEADING 3,550
INFORMATION ABOUT THE SCHOOL TO PARENTS, STUDENTS, OR THE GENERAL 3,551
PUBLIC; 3,552
(8) THE SCHOOL AGREES NOT TO CHARGE ANY TUITION TO 3,554
LOW-INCOME FAMILIES PARTICIPATING IN THE SCHOLARSHIP PROGRAM IN 3,555
EXCESS OF TEN PER CENT OF THE SCHOLARSHIP AMOUNT ESTABLISHED 3,557
PURSUANT TO DIVISION (C)(1) OF SECTION 3313.978 OF THE REVISED 3,559
CODE, EXCLUDING ANY INCREASE DESCRIBED IN DIVISION (C)(2) OF THAT 3,560
SECTION. THE SCHOOL SHALL PERMIT ANY SUCH TUITION, AT THE 3,561
DISCRETION OF THE PARENT, TO BE SATISFIED BY THE LOW-INCOME 3,562
FAMILY'S PROVISION OF IN-KIND CONTRIBUTIONS OR SERVICES. 3,563
(B) THE STATE SUPERINTENDENT SHALL REVOKE THE REGISTRATION 3,566
OF ANY SCHOOL IF, AFTER A HEARING, THE SUPERINTENDENT DETERMINES 3,567
THAT THE SCHOOL IS IN VIOLATION OF ANY OF THE PROVISIONS OF 3,568
DIVISION (A) OF THIS SECTION. 3,569
(C) ANY PUBLIC SCHOOL LOCATED IN A SCHOOL DISTRICT 3,571
ADJACENT TO THE PILOT PROJECT DISTRICT MAY RECEIVE SCHOLARSHIP 3,573
PAYMENTS ON BEHALF OF PARENTS PURSUANT TO SECTION 3313.979 OF THE 3,575
REVISED CODE IF THE SUPERINTENDENT OF THE DISTRICT IN WHICH SUCH 3,576
PUBLIC SCHOOL IS LOCATED NOTIFIES THE STATE SUPERINTENDENT PRIOR 3,577
TO THE FIRST DAY OF MARCH THAT THE DISTRICT INTENDS TO ADMIT 3,579
STUDENTS FROM THE PILOT PROJECT DISTRICT FOR THE ENSUING SCHOOL 3,580
YEAR PURSUANT TO SECTION 3327.06 OF THE REVISED CODE. 3,582
(D) ANY PARENT WISHING TO PURCHASE TUTORIAL ASSISTANCE 3,585
FROM ANY PERSON OR GOVERNMENTAL ENTITY PURSUANT TO THE PILOT 3,586
PROJECT PROGRAM UNDER SECTIONS 3313.974 TO 3313.979 OF THE 3,587
REVISED CODE SHALL APPLY TO THE STATE SUPERINTENDENT. THE STATE 3,588
80
SUPERINTENDENT SHALL APPROVE PROVIDERS WHO APPEAR TO POSSESS THE 3,589
CAPABILITY OF FURNISHING THE INSTRUCTIONAL SERVICES THEY ARE 3,590
OFFERING TO PROVIDE.
Sec. 3313.977. (A)(1) EACH REGISTERED PRIVATE SCHOOL 3,593
SHALL ADMIT STUDENTS TO KINDERGARTEN AND FIRST, SECOND, AND THIRD
GRADES IN ACCORDANCE WITH THE FOLLOWING PRIORITIES: 3,594
(a) STUDENTS WHO WERE ENROLLED IN THE SCHOOL DURING THE 3,596
PRECEDING YEAR; 3,597
(b) SIBLINGS OF STUDENTS ENROLLED IN THE SCHOOL DURING THE 3,600
PRECEDING YEAR, AT THE DISCRETION OF THE SCHOOL;
(c) CHILDREN FROM LOW-INCOME FAMILIES ATTENDING SCHOOL OR 3,603
RESIDING IN THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED
UNTIL THE NUMBER OF SUCH STUDENTS IN EACH GRADE EQUALS THE NUMBER 3,604
THAT CONSTITUTED TWENTY PER CENT OF THE TOTAL NUMBER OF STUDENTS 3,606
ENROLLED IN THE SCHOOL DURING THE PRECEDING YEAR IN SUCH GRADE. 3,607
ADMISSION OF SUCH TWENTY PER CENT SHALL BE BY LOT FROM AMONG ALL 3,608
LOW-INCOME FAMILY APPLICANTS WHO APPLY PRIOR TO THE FIFTEENTH DAY 3,609
OF FEBRUARY PRIOR TO ADMISSION. 3,610
(d) ALL OTHER APPLICANTS RESIDING ANYWHERE, PROVIDED THAT 3,613
ALL REMAINING AVAILABLE SPACES SHALL BE FILLED FROM AMONG SUCH 3,614
APPLICANTS BY LOT.
CHILDREN FROM LOW-INCOME FAMILIES NOT SELECTED BY LOT UNDER 3,617
DIVISION (A)(1)(c) OF THIS SECTION SHALL BE INCLUDED IN THE 3,619
LOTTERY OF ALL REMAINING APPLICANTS PURSUANT TO DIVISION 3,620
(A)(1)(d) OF THIS SECTION.
(2) EACH REGISTERED PRIVATE SCHOOL SHALL FIRST ADMIT TO 3,623
GRADES FOUR THROUGH EIGHT STUDENTS WHO WERE ENROLLED IN THE 3,624
SCHOOL DURING THE PRECEDING YEAR. ANY REMAINING SPACES FOR 3,625
STUDENTS IN THESE GRADES MAY BE FILLED AS DETERMINED BY THE 3,626
SCHOOL.
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, EXCEPT 3,628
WHERE OTHERWISE PROHIBITED BY FEDERAL LAW, A REGISTERED PRIVATE 3,629
SCHOOL MAY ELECT TO ADMIT STUDENTS OF ONLY ONE GENDER AND MAY 3,630
DENY ADMISSION TO ANY SEPARATELY EDUCATED HANDICAPPED STUDENT. 3,631
81
(C) IF A SCHOLARSHIP STUDENT WHO HAS BEEN ACCEPTED IN 3,633
ACCORDANCE WITH THIS SECTION FAILS TO ENROLL IN THE SCHOOL FOR 3,634
ANY REASON OR WITHDRAWS FROM THE SCHOOL DURING THE SCHOOL YEAR 3,635
FOR ANY REASON, THE SCHOOL MAY ELECT TO REPLACE SUCH STUDENT WITH 3,636
ANOTHER SCHOLARSHIP STUDENT ONLY BY FIRST OFFERING THE ADMISSION 3,638
TO ANY LOW-INCOME SCHOLARSHIP STUDENTS WHO FILED APPLICATIONS BY 3,640
THE PRECEDING FIFTEENTH DAY OF FEBRUARY AND WHO WERE NOT ACCEPTED 3,641
AT THAT TIME DUE TO SPACE LIMITATIONS.
Sec. 3313.978. (A) ANNUALLY BY THE FIRST DAY OF NOVEMBER, 3,644
THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NOTIFY THE PILOT 3,645
PROJECT SCHOOL DISTRICT OF THE NUMBER OF INITIAL SCHOLARSHIPS 3,646
THAT THE STATE SUPERINTENDENT WILL BE AWARDING IN EACH OF GRADES 3,647
KINDERGARTEN THROUGH THIRD.
THE STATE SUPERINTENDENT SHALL PROVIDE INFORMATION ABOUT 3,649
THE SCHOLARSHIP PROGRAM TO ALL STUDENTS RESIDING IN THE DISTRICT, 3,651
SHALL ACCEPT APPLICATIONS FROM ANY SUCH STUDENTS UNTIL SUCH DATE 3,653
AS SHALL BE ESTABLISHED BY THE STATE SUPERINTENDENT AS A DEADLINE 3,655
FOR APPLICATIONS, AND SHALL ESTABLISH CRITERIA FOR THE SELECTION
OF STUDENTS TO RECEIVE SCHOLARSHIPS FROM AMONG ALL THOSE APPLYING 3,657
PRIOR TO THE DEADLINE, WHICH CRITERIA SHALL GIVE PREFERENCE TO 3,659
STUDENTS FROM LOW-INCOME FAMILIES. FOR EACH STUDENT SELECTED, 3,660
THE STATE SUPERINTENDENT SHALL ALSO DETERMINE WHETHER THE STUDENT 3,661
QUALIFIES FOR SEVENTY-FIVE OR NINETY PER CENT OF THE SCHOLARSHIP 3,662
AMOUNT. STUDENTS WHOSE FAMILY INCOME IS AT OR ABOVE TWO HUNDRED 3,663
PER CENT OF THE MAXIMUM INCOME LEVEL ESTABLISHED BY THE STATE 3,664
SUPERINTENDENT FOR LOW-INCOME FAMILIES SHALL QUALIFY FOR
SEVENTY-FIVE PER CENT OF THE SCHOLARSHIP AMOUNT AND STUDENTS 3,666
WHOSE FAMILY INCOME IS BELOW TWO HUNDRED PER CENT OF THAT MAXIMUM 3,667
INCOME LEVEL SHALL QUALIFY FOR NINETY PER CENT OF THE SCHOLARSHIP 3,668
AMOUNT. THE STATE SUPERINTENDENT SHALL NOTIFY STUDENTS OF THEIR 3,669
SELECTION PRIOR TO THE FIFTEENTH DAY OF JANUARY AND WHETHER THEY 3,670
QUALIFY FOR SEVENTY-FIVE OR NINETY PER CENT OF THE SCHOLARSHIP
AMOUNT. 3,671
(1) A STUDENT RECEIVING A PILOT PROJECT SCHOLARSHIP MAY 3,673
82
UTILIZE IT AT AN ALTERNATIVE PUBLIC SCHOOL BY NOTIFYING THE 3,675
DISTRICT SUPERINTENDENT, AT ANY TIME BEFORE THE BEGINNING OF THE 3,676
SCHOOL YEAR, OF THE NAME OF THE PUBLIC SCHOOL IN AN ADJACENT 3,678
SCHOOL DISTRICT TO WHICH THE STUDENT HAS BEEN ACCEPTED PURSUANT 3,680
TO SECTION 3327.06 OF THE REVISED CODE. 3,681
(2) A STUDENT MAY DECIDE TO UTILIZE A PILOT PROJECT 3,683
SCHOLARSHIP AT A REGISTERED PRIVATE SCHOOL IN THE DISTRICT IF ALL 3,685
OF THE FOLLOWING CONDITIONS ARE MET: 3,686
(a) BY THE FIFTEENTH DAY OF FEBRUARY OF THE PRECEDING 3,689
SCHOOL YEAR, OR AT ANY TIME PRIOR TO THE START OF THE SCHOOL 3,690
YEAR, THE PARENT MAKES AN APPLICATION ON BEHALF OF THE STUDENT TO 3,691
A REGISTERED PRIVATE SCHOOL.
(b) THE REGISTERED PRIVATE SCHOOL NOTIFIES THE PARENT AND 3,694
THE STATE SUPERINTENDENT AS FOLLOWS THAT THE STUDENT HAS BEEN 3,695
ADMITTED:
(i) BY THE FIFTEENTH DAY OF MARCH OF THE PRECEDING SCHOOL 3,698
YEAR IF THE STUDENT FILED AN APPLICATION BY THE FIFTEENTH DAY OF 3,699
FEBRUARY AND WAS ADMITTED BY THE SCHOOL PURSUANT TO DIVISION (A) 3,700
OF SECTION 3313.977 OF THE REVISED CODE; 3,701
(ii) WITHIN ONE WEEK OF THE DECISION TO ADMIT THE STUDENT 3,704
IF THE STUDENT IS ADMITTED PURSUANT TO DIVISION (C) OF SECTION 3,705
3313.977 OF THE REVISED CODE. 3,706
(c) THE STUDENT ACTUALLY ENROLLS IN THE REGISTERED PRIVATE 3,709
SCHOOL TO WHICH THE STUDENT WAS FIRST ADMITTED OR IN ANOTHER 3,710
REGISTERED PRIVATE SCHOOL IN THE DISTRICT OR IN A PUBLIC SCHOOL 3,711
IN AN ADJACENT SCHOOL DISTRICT. 3,712
(B) THE STATE SUPERINTENDENT SHALL ALSO AWARD IN ANY 3,715
SCHOOL YEAR TUTORIAL ASSISTANCE GRANTS TO A NUMBER OF STUDENTS 3,716
EQUAL TO THE NUMBER OF STUDENTS WHO RECEIVE SCHOLARSHIPS UNDER 3,717
DIVISION (A) OF THIS SECTION. TUTORIAL ASSISTANCE GRANTS SHALL 3,719
BE AWARDED SOLELY TO STUDENTS WHO ARE ENROLLED IN THE PUBLIC 3,720
SCHOOLS OF THE DISTRICT IN A GRADE LEVEL COVERED BY THE PILOT 3,722
PROJECT. TUTORIAL ASSISTANCE GRANTS MAY BE USED SOLELY TO OBTAIN 3,723
TUTORIAL ASSISTANCE FROM A PROVIDER APPROVED PURSUANT TO DIVISION 3,724
83
(D) OF SECTION 3313.976 OF THE REVISED CODE. 3,726
ALL STUDENTS WISHING TO OBTAIN TUTORIAL ASSISTANCE GRANTS 3,728
SHALL MAKE APPLICATION TO THE STATE SUPERINTENDENT BY THE FIRST 3,730
DAY OF THE SCHOOL YEAR IN WHICH THE ASSISTANCE WILL BE USED. THE 3,732
STATE SUPERINTENDENT SHALL AWARD ASSISTANCE GRANTS IN ACCORDANCE 3,733
WITH CRITERIA THE SUPERINTENDENT SHALL ESTABLISH. FOR EACH 3,734
STUDENT AWARDED A GRANT, THE STATE SUPERINTENDENT SHALL ALSO 3,735
DETERMINE WHETHER THE STUDENT QUALIFIES FOR SEVENTY-FIVE OR 3,736
NINETY PER CENT OF THE GRANT AMOUNT AND SO NOTIFY THE STUDENT.
STUDENTS WHOSE FAMILY INCOME IS AT OR ABOVE TWO HUNDRED PER CENT 3,737
OF THE MAXIMUM INCOME LEVEL ESTABLISHED BY THE STATE 3,738
SUPERINTENDENT FOR LOW-INCOME FAMILIES SHALL QUALIFY FOR 3,739
SEVENTY-FIVE PER CENT OF THE GRANT AMOUNT AND STUDENTS WHOSE 3,740
FAMILY INCOME IS BELOW TWO HUNDRED PER CENT OF THAT MAXIMUM 3,741
INCOME LEVEL SHALL QUALIFY FOR NINETY PER CENT OF THE GRANT 3,742
AMOUNT.
(C)(1) IN THE CASE OF BASIC SCHOLARSHIPS, THE SCHOLARSHIP 3,745
AMOUNT SHALL NOT EXCEED THE LESSER OF THE TUITION CHARGES OF THE 3,746
ALTERNATIVE SCHOOL THE SCHOLARSHIP RECIPIENT ATTENDS OR AN AMOUNT 3,747
ESTABLISHED BY THE STATE SUPERINTENDENT NOT IN EXCESS OF 3,748
TWENTY-FIVE HUNDRED DOLLARS.
(2) THE STATE SUPERINTENDENT SHALL PROVIDE FOR AN INCREASE 3,750
IN THE BASIC SCHOLARSHIP AMOUNT IN THE CASE OF ANY STUDENT WHO IS 3,751
A MAINSTREAMED HANDICAPPED STUDENT AND SHALL FURTHER INCREASE 3,752
SUCH AMOUNT IN THE CASE OF ANY SEPARATELY EDUCATED HANDICAPPED 3,753
CHILD. SUCH INCREASES SHALL TAKE INTO ACCOUNT THE INSTRUCTION, 3,754
RELATED SERVICES, AND TRANSPORTATION COSTS OF EDUCATING SUCH 3,755
STUDENTS.
(3) IN THE CASE OF TUTORIAL ASSISTANCE GRANTS, THE GRANT 3,758
AMOUNT SHALL NOT EXCEED THE LESSER OF THE PROVIDER'S ACTUAL 3,759
CHARGES FOR SUCH ASSISTANCE OR A PERCENTAGE ESTABLISHED BY THE 3,760
STATE SUPERINTENDENT, NOT TO EXCEED TWENTY PER CENT, OF THE 3,761
AMOUNT OF THE PILOT PROJECT SCHOOL DISTRICT'S AVERAGE BASIC 3,762
SCHOLARSHIP AMOUNT.
84
(4) NO SCHOLARSHIP OR TUTORIAL ASSISTANCE GRANT SHALL BE 3,764
AWARDED UNLESS THE STATE SUPERINTENDENT DETERMINES THAT 3,765
TWENTY-FIVE OR TEN PER CENT, AS APPLICABLE, OF THE AMOUNT 3,766
SPECIFIED FOR SUCH SCHOLARSHIP OR GRANT PURSUANT TO DIVISION 3,767
(C)(1), (2), OR (3) OF THIS SECTION WILL BE FURNISHED BY A 3,768
POLITICAL SUBDIVISION, A PRIVATE NONPROFIT OR FOR PROFIT ENTITY, 3,769
OR ANOTHER PERSON. ONLY SEVENTY-FIVE OR NINETY PER CENT OF SUCH 3,770
AMOUNTS, AS APPLICABLE, SHALL BE PAID FROM STATE FUNDS PURSUANT 3,771
TO SECTION 3313.979 OF THE REVISED CODE. 3,772
(D)(1) ANNUALLY BY THE FIRST DAY OF NOVEMBER, THE STATE 3,775
SUPERINTENDENT SHALL ESTIMATE THE MAXIMUM PER-PUPIL SCHOLARSHIP 3,777
AMOUNTS FOR THE ENSUING SCHOOL YEAR. THE STATE SUPERINTENDENT 3,778
SHALL MAKE THIS ESTIMATE AVAILABLE TO THE GENERAL PUBLIC AT THE 3,780
OFFICES OF THE DISTRICT BOARD OF EDUCATION TOGETHER WITH THE 3,781
FORMS REQUIRED BY DIVISION (D)(2) OF THIS SECTION. 3,782
(2) ANNUALLY BY THE FIFTEENTH DAY OF JANUARY, THE CHIEF 3,785
ADMINISTRATOR OF EACH REGISTERED PRIVATE SCHOOL LOCATED IN THE 3,786
PILOT PROJECT DISTRICT AND THE PRINCIPAL OF EACH PUBLIC SCHOOL IN 3,787
SUCH DISTRICT SHALL COMPLETE A PARENTAL INFORMATION FORM AND 3,788
FORWARD IT TO THE PRESIDENT OF THE BOARD OF EDUCATION. THE 3,789
PARENTAL INFORMATION FORM SHALL BE PRESCRIBED BY THE DEPARTMENT 3,790
OF EDUCATION AND SHALL PROVIDE INFORMATION ABOUT THE GRADE LEVELS 3,791
OFFERED, THE NUMBERS OF STUDENTS, TUITION AMOUNTS, PROFICIENCY 3,792
EXAMINATION RESULTS, AND ANY SECTARIAN OR OTHER ORGANIZATIONAL 3,793
AFFILIATIONS. 3,794
Sec. 3313.979. EACH SCHOLARSHIP OR GRANT TO BE USED FOR 3,796
PAYMENTS TO A REGISTERED PRIVATE SCHOOL OR TO AN APPROVED 3,797
TUTORIAL ASSISTANCE PROVIDER IS PAYABLE TO THE PARENTS OF THE 3,798
STUDENT ENTITLED TO THE SCHOLARSHIP OR GRANT. EACH SCHOLARSHIP 3,799
TO BE USED FOR PAYMENTS TO A PUBLIC SCHOOL IN AN ADJACENT SCHOOL 3,800
DISTRICT IS PAYABLE TO THE SCHOOL DISTRICT OF ATTENDANCE BY THE 3,801
SUPERINTENDENT OF PUBLIC INSTRUCTION. 3,802
(A)(1) BY THE FIFTEENTH DAY OF EACH MONTH OF THE SCHOOL 3,805
YEAR THAT ANY SCHOLARSHIP STUDENTS ARE ENROLLED IN A REGISTERED 3,806
85
PRIVATE SCHOOL, THE CHIEF ADMINISTRATOR OF THAT SCHOOL SHALL 3,807
NOTIFY THE STATE SUPERINTENDENT OF:
(a) THE NUMBER OF STUDENTS WHO WERE REPORTED TO THE SCHOOL 3,810
DISTRICT AS HAVING BEEN ADMITTED BY THAT PRIVATE SCHOOL PURSUANT 3,811
TO DIVISION (A)(2)(b) OF SECTION 3313.978 OF THE REVISED CODE AND 3,813
WHO WERE STILL ENROLLED IN THE PRIVATE SCHOOL AS OF THE FIRST DAY 3,814
OF SUCH MONTH, AND THE NUMBERS OF SUCH STUDENTS WHO QUALIFY FOR 3,815
SEVENTY-FIVE AND NINETY PER CENT OF THE SCHOLARSHIP AMOUNT; 3,816
(b) THE NUMBER OF STUDENTS WHO WERE REPORTED TO THE SCHOOL 3,818
DISTRICT AS HAVING BEEN ADMITTED BY ANOTHER PRIVATE SCHOOL 3,819
PURSUANT TO DIVISION (A)(2)(b) OF SECTION 3313.978 OF THE REVISED 3,821
CODE AND SINCE THE DATE OF ADMISSION HAVE TRANSFERRED TO THE 3,823
SCHOOL PROVIDING THE NOTIFICATION UNDER DIVISION (A)(1) OF THIS 3,824
SECTION, AND THE NUMBERS OF SUCH STUDENTS WHO QUALIFY FOR 3,825
SEVENTY-FIVE AND NINETY PER CENT OF THE SCHOLARSHIP AMOUNT.
(2) FROM TIME TO TIME, THE STATE SUPERINTENDENT SHALL MAKE 3,827
A PAYMENT TO THE PARENT OF EACH STUDENT ENTITLED TO A 3,828
SCHOLARSHIP. EACH PAYMENT SHALL INCLUDE FOR EACH STUDENT 3,829
REPORTED UNDER DIVISION (A)(1) OF THIS SECTION, A PORTION OF 3,831
SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE
SCHOLARSHIP AMOUNT SPECIFIED IN DIVISIONS (C)(1) AND (2) OF 3,833
SECTION 3313.978 OF THE REVISED CODE. THIS AMOUNT SHALL BE 3,835
PROPORTIONATELY REDUCED IN THE CASE OF ANY SUCH STUDENT WHO IS 3,836
NOT ENROLLED IN A REGISTERED PRIVATE SCHOOL FOR THE ENTIRE SCHOOL 3,837
YEAR.
(3) THE FIRST PAYMENT UNDER THIS DIVISION SHALL BE MADE BY 3,840
THE LAST DAY OF NOVEMBER AND SHALL EQUAL ONE-THIRD OF
SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE ESTIMATED 3,842
TOTAL AMOUNT THAT WILL BE DUE TO THE PARENT FOR THE SCHOOL YEAR 3,843
PURSUANT TO DIVISION (A)(2) OF THIS SECTION.
(B) THE STATE SUPERINTENDENT, ON BEHALF OF THE PARENTS OF 3,845
A SCHOLARSHIP STUDENT ENROLLED IN A PUBLIC SCHOOL IN AN ADJACENT 3,847
SCHOOL DISTRICT PURSUANT TO SECTION 3327.06 OF THE REVISED CODE, 3,848
SHALL MAKE THE TUITION PAYMENTS REQUIRED BY THAT SECTION TO THE 3,849
86
SCHOOL DISTRICT ADMITTING THE STUDENT, EXCEPT THAT, 3,850
NOTWITHSTANDING SECTIONS 3323.13, 3323.14, AND 3327.06 OF THE 3,851
REVISED CODE, THE TOTAL PAYMENTS IN ANY SCHOOL YEAR SHALL NOT 3,852
EXCEED SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE 3,853
SCHOLARSHIP AMOUNT PROVIDED IN DIVISIONS (C)(1) AND (2) OF 3,855
SECTION 3313.978 OF THE REVISED CODE. 3,856
(C) WHENEVER AN APPROVED PROVIDER PROVIDES TUTORIAL 3,859
ASSISTANCE TO A STUDENT, THE STATE SUPERINTENDENT SHALL PAY THE
PARENT FOR SUCH COSTS UPON RECEIPT OF A STATEMENT FROM THE PARENT 3,862
SPECIFYING THE SERVICES PROVIDED AND THE COSTS OF THE SERVICES, 3,863
WHICH STATEMENT SHALL BE SIGNED BY THE PROVIDER. THE TOTAL 3,864
PAYMENTS TO ANY PARENT UNDER THIS DIVISION FOR ALL PROVIDER 3,865
SERVICES TO ANY INDIVIDUAL STUDENT IN ANY SCHOOL YEAR SHALL NOT 3,866
EXCEED SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE
GRANT AMOUNT PROVIDED IN DIVISION (C)(3) OF SECTION 3313.978 OF 3,868
THE REVISED CODE. 3,869
Sec. 3313.981. (A) The state board shall adopt rules 3,878
requiring both ALL of the following: 3,879
(1) The board of education of each city, exempted village, 3,881
and local school district to annually report TO THE DEPARTMENT OF 3,882
EDUCATION the number of adjacent district or other district 3,884
students, as applicable, and adjacent district or other district 3,885
joint vocational students, as applicable, enrolled in the 3,886
district and the number of native students enrolled in adjacent 3,887
or other districts, in accordance with a policy adopted under 3,888
division (B) of section 3313.98 of the Revised Code; each 3,889
adjacent district or other district student's or adjacent 3,890
district or other district joint vocational student's date of 3,891
enrollment in the district; and each native student's date of 3,893
enrollment in an adjacent or other district; 3,894
(2) The board of education of each joint vocational school 3,896
district to annually report TO THE DEPARTMENT the number of 3,897
adjacent district or other district joint vocational students, as 3,899
applicable, enrolled in the district and, for each such student, 3,901
87
the city, exempted village, or local school district in which the 3,902
student is also enrolled.
(3) PRIOR TO THE FIRST FULL SCHOOL WEEK IN OCTOBER EACH 3,904
YEAR, THE SUPERINTENDENT OF EACH CITY, LOCAL, OR EXEMPTED VILLAGE 3,905
SCHOOL DISTRICT THAT ADMITS ADJACENT DISTRICT OR OTHER DISTRICT 3,906
STUDENTS OR ADJACENT DISTRICT OR OTHER DISTRICT JOINT VOCATIONAL 3,907
STUDENTS IN ACCORDANCE WITH A POLICY ADOPTED UNDER DIVISION (B) 3,908
OF SECTION 3313.98 OF THE REVISED CODE TO NOTIFY EACH ADJACENT OR 3,909
OTHER DISTRICT WHERE THOSE STUDENTS ARE ENTITLED TO ATTEND SCHOOL 3,910
UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE OF THE
NUMBER OF THE ADJACENT OR OTHER DISTRICT'S NATIVE STUDENTS WHO 3,911
ARE ENROLLED IN THE SUPERINTENDENT'S DISTRICT UNDER THE POLICY. 3,912
The rules shall provide for the method of counting students 3,914
who are enrolled for part of a school year in an adjacent or 3,915
other district or as an adjacent district or other district joint 3,916
vocational student. 3,917
(B) From the payments made to a city, exempted village, or 3,919
local school district under Chapter 3317. of the Revised Code, 3,920
the department of education shall annually subtract both of the 3,921
following: 3,922
(1) An amount equal to the number of the district's native 3,924
students reported under division (A)(1) of this section who are 3,925
enrolled in adjacent or other school districts pursuant to 3,926
policies adopted by such districts under division (B) of section 3,927
3313.98 of the Revised Code multiplied by the adjusted formula 3,929
amount for the district;
(2) The excess costs computed in accordance with division 3,931
(E) of this section for any such native students receiving 3,932
special education and related services in adjacent or other 3,933
school districts or as an adjacent district or other district 3,934
joint vocational student. 3,935
(C) To the payments made to a city, exempted village, or 3,937
local school district under Chapter 3317. of the Revised Code, 3,938
the department of education shall annually add all of the 3,939
88
following: 3,940
(1) An amount equal to the adjusted formula amount for the 3,942
district multiplied by the remainder obtained by subtracting the 3,943
number of adjacent district or other district joint vocational 3,944
students from the number of adjacent district or other district 3,947
students enrolled in the district, as reported under division 3,949
(A)(1) of this section;
(2) The excess costs computed in accordance with division 3,951
(E) of this section for any adjacent district or other district 3,952
students, except for any adjacent or other district joint 3,955
vocational students, receiving special education and related 3,957
services in the district;
(3) An amount equal to the number of adjacent district or 3,959
other district joint vocational students reported under division 3,961
(A)(1) of this section multiplied by an amount equal to 3,962
one-fourth of the adjusted formula amount for the district. 3,963
(D) To the payments made to a joint vocational school 3,965
district under Chapter 3317. of the Revised Code, the department 3,966
of education shall add, for each adjacent district or other 3,967
district joint vocational student reported under division (A)(2) 3,969
of this section, an amount equal to three-fourths of the adjusted 3,970
formula amount of the city, exempted village, or local school 3,971
district in which the student is also enrolled. 3,972
(E)(1) A city, exempted village, or local school board 3,974
providing special education and related services to an adjacent 3,975
or other district student in accordance with an IEP shall, 3,977
pursuant to rules of the state board, compute the excess costs to 3,978
educate such student as follows: 3,979
(a) Subtract the adjusted formula amount for the district 3,981
from the actual costs to educate the student; 3,982
(b) From the amount computed under division (E)(1)(a) of 3,984
this section subtract the amount of any funds received by the 3,985
district under Chapter 3317. of the Revised Code to provide 3,986
special education and related services to the student. 3,987
89
(2) The board shall report the excess costs computed under 3,989
this division to the department of education. 3,990
(3) If any student for whom excess costs are computed 3,992
under division (E)(1) of this section is an adjacent or other 3,993
district joint vocational student, the department of education 3,995
shall add the amount of such excess costs to the payments made 3,996
under Chapter 3317. of the Revised Code to the joint vocational 3,997
school district enrolling the student. 3,998
(F) Notwithstanding section 3317.03 of the Revised Code, 4,000
no joint vocational school district shall count any adjacent or 4,002
other district joint vocational student enrolled in the district 4,003
in its average daily membership certified under section 3317.03 4,004
of the Revised Code.
(G) No city, exempted village, or local school district 4,006
shall receive a payment under division (C) of this section for a 4,007
student, and no joint vocational school district shall receive a 4,008
payment under division (D) of this section for a student, if for 4,009
the same school year that student is counted in the district's 4,010
formula ADM or average daily membership certified under section 4,012
3317.03 of the Revised Code.
(H) Upon request of a parent, and provided the board 4,014
offers transportation to native students of the same grade level 4,015
and distance from school under section 3327.01 of the Revised 4,016
Code, a city, exempted village, or local school board enrolling 4,017
an adjacent or other district student shall provide 4,018
transportation for the student within the boundaries of the 4,020
board's district, except that the board shall be required to pick 4,021
up and drop off a nonhandicapped student only at a regular school 4,022
bus stop designated in accordance with the board's transportation 4,023
policy. Pursuant to rules of the state board of education, such 4,024
board may reimburse the parent from funds received under division 4,025
(D) of section 3317.022 of the Revised Code for the reasonable 4,026
cost of transportation from the student's home to the designated 4,027
school bus stop if the student's family has an income below the 4,028
90
federal poverty line.
Sec. 3314.011. EVERY COMMUNITY SCHOOL ESTABLISHED UNDER 4,030
THIS CHAPTER SHALL HAVE A DESIGNATED FISCAL OFFICER. THE AUDITOR 4,031
OF STATE MAY REQUIRE BY RULE THAT THE FISCAL OFFICER OF ANY 4,032
COMMUNITY SCHOOL, BEFORE ENTERING UPON DUTIES AS FISCAL OFFICER 4,033
OF THE SCHOOL, EXECUTE A BOND IN AN AMOUNT AND WITH SURETY TO BE 4,034
APPROVED BY THE GOVERNING AUTHORITY OF THE SCHOOL, PAYABLE TO THE 4,035
STATE, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF ALL THE 4,036
OFFICIAL DUTIES REQUIRED OF THE FISCAL OFFICER. ANY SUCH BOND 4,037
SHALL BE DEPOSITED WITH THE GOVERNING AUTHORITY OF THE SCHOOL, 4,038
AND A COPY THEREOF, CERTIFIED BY THE GOVERNING AUTHORITY, SHALL 4,039
BE FILED WITH THE COUNTY AUDITOR. 4,040
Sec. 3314.012. (A) WITHIN NINETY DAYS OF THE EFFECTIVE 4,043
DATE OF THIS SECTION, THE SUPERINTENDENT OF PUBLIC INSTRUCTION 4,044
SHALL APPOINT REPRESENTATIVES OF THE DEPARTMENT OF EDUCATION, 4,045
INCLUDING EMPLOYEES WHO WORK WITH THE EDUCATION MANAGEMENT 4,046
INFORMATION SYSTEM AND EMPLOYEES OF THE OFFICE OF SCHOOL OPTIONS 4,047
ESTABLISHED BY SECTION 3314.11 OF THE REVISED CODE, TO A 4,048
COMMITTEE TO DEVELOP REPORT CARD MODELS FOR COMMUNITY SCHOOLS.
THE DIRECTOR OF THE LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT 4,049
SHALL ALSO APPOINT REPRESENTATIVES TO THE COMMITTEE. THE 4,050
COMMITTEE SHALL DESIGN MODEL REPORT CARDS APPROPRIATE FOR THE 4,051
VARIOUS TYPES OF COMMUNITY SCHOOLS APPROVED TO OPERATE IN THE 4,052
STATE. SUFFICIENT MODELS SHALL BE DEVELOPED TO REFLECT THE 4,053
VARIETY OF GRADE LEVELS SERVED AND THE MISSIONS OF THE STATE'S 4,054
COMMUNITY SCHOOLS. ALL MODELS SHALL INCLUDE BOTH FINANCIAL AND 4,055
ACADEMIC DATA. THE INITIAL MODELS SHALL BE DEVELOPED BY MARCH 4,056
31, 2000. 4,057
(B) THE DEPARTMENT OF EDUCATION SHALL ISSUE AN ANNUAL 4,059
REPORT CARD FOR EACH COMMUNITY SCHOOL. THE REPORT CARD SHALL 4,060
REPORT THE ACADEMIC AND FINANCIAL PERFORMANCE OF THE SCHOOL 4,061
UTILIZING ONE OF THE MODELS DEVELOPED UNDER DIVISION (A) OF THIS 4,062
SECTION.
(C) UPON RECEIPT OF A COPY OF A CONTRACT BETWEEN A SPONSOR 4,064
91
AND A COMMUNITY SCHOOL ENTERED INTO UNDER THIS CHAPTER, THE 4,065
DEPARTMENT OF EDUCATION SHALL NOTIFY THE COMMUNITY SCHOOL OF THE 4,066
SPECIFIC MODEL REPORT CARD THAT WILL BE USED FOR THAT SCHOOL. 4,067
(D) REPORT CARDS SHALL BE DISTRIBUTED TO THE PARENTS OF 4,068
ALL STUDENTS IN THE COMMUNITY SCHOOL, TO THE MEMBERS OF THE BOARD 4,070
OF EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE COMMUNITY SCHOOL 4,071
IS LOCATED, AND TO ANY PERSON WHO REQUESTS ONE FROM THE 4,072
DEPARTMENT.
(E) NO REPORT CARD SHALL BE ISSUED FOR ANY COMMUNITY 4,075
SCHOOL UNDER THIS SECTION UNTIL THE SCHOOL HAS BEEN OPEN FOR 4,076
INSTRUCTION FOR TWO FULL SCHOOL YEARS. 4,077
Sec. 3314.013. (A)(1) UNTIL JULY 1, 2000, NO MORE THAN 4,079
SEVENTY-FIVE CONTRACTS BETWEEN START-UP SCHOOLS AND THE STATE 4,080
BOARD OF EDUCATION MAY BE IN EFFECT OUTSIDE THE PILOT PROJECT 4,081
AREA AT ANY TIME UNDER THIS CHAPTER. 4,082
(2) AFTER JULY 1, 2000, AND UNTIL JULY 1, 2001, NO MORE 4,084
THAN ONE HUNDRED TWENTY-FIVE CONTRACTS BETWEEN START-UP SCHOOLS 4,086
AND THE STATE BOARD OF EDUCATION MAY BE IN EFFECT OUTSIDE THE 4,087
PILOT PROJECT AREA AT ANY TIME UNDER THIS CHAPTER. 4,088
(B) WITHIN TWENTY-FOUR HOURS OF A REQUEST BY ANY PERSON, 4,090
THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL INDICATE THE 4,091
NUMBER OF PRELIMINARY AGREEMENTS FOR STATE BOARD-SPONSORED 4,092
START-UP SCHOOLS CURRENTLY OUTSTANDING AND THE NUMBER OF 4,093
CONTRACTS FOR THESE SCHOOLS IN EFFECT AT THE TIME OF THE REQUEST. 4,094
(C) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO CONSIDER 4,096
WHETHER TO PROVIDE LIMITATIONS ON THE NUMBER OF START-UP 4,097
COMMUNITY SCHOOLS AFTER JULY 1, 2001, FOLLOWING ITS EXAMINATION 4,098
OF THE RESULTS OF THE STUDIES BY THE LEGISLATIVE OFFICE OF 4,099
EDUCATION OVERSIGHT REQUIRED UNDER SECTION 50.39 OF AM. SUB. H.B. 4,103
NO. 215 OF THE 122nd GENERAL ASSEMBLY AND SECTION 50.52.2 OF AM. 4,106
SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY, AS AMENDED BY 4,110
AM. SUB. H.B. NO. 770 OF THE 122nd GENERAL ASSEMBLY. 4,114
Sec. 3314.02. (A) As used in this chapter: 4,123
(1) "Sponsor" means a city, local, exempted village, or 4,125
92
joint vocational board of education or the state board of 4,127
education PUBLIC ENTITY LISTED IN DIVISION (C)(1) OF THIS SECTION 4,128
with which the governing authority of the proposed community 4,130
school enters into a contract pursuant to this section.
(2) "Pilot project district AREA" means a THE school 4,133
district DISTRICTS included in the territory of a THE FORMER 4,134
community school pilot project established by FORMER Section 4,136
50.52 of Am. Sub. H.B. No. 215 of the 122nd general assembly. 4,137
(3) "CHALLENGED SCHOOL DISTRICT" MEANS ANY OF THE 4,140
FOLLOWING:
(a) A SCHOOL DISTRICT THAT IS PART OF THE PILOT PROJECT 4,142
AREA;
(b) A SCHOOL DISTRICT THAT IS IN A STATE OF ACADEMIC 4,144
EMERGENCY UNDER SECTION 3302.03 OF THE REVISED CODE; 4,145
(c) A BIG EIGHT SCHOOL DISTRICT; 4,147
(d) AN URBAN SCHOOL DISTRICT. 4,149
(4) "Big eight school district" means a school district 4,152
that for fiscal year 1997 had both of the following: 4,153
(a) A percentage of children residing in the district and 4,156
participating in the predecessor of Ohio works first greater than 4,157
thirty per cent, as reported pursuant to section 3317.10 of the 4,158
Revised Code; 4,160
(b) An average daily membership greater than twelve 4,163
thousand, as reported pursuant to former division (A) of section 4,164
3317.03 of the Revised Code. 4,165
(4)(5) "New start-up school" means a community school 4,167
other than one created by converting all or part of an existing 4,169
public school, as designated in the school's contract pursuant to 4,170
division (A)(17) of section 3314.03 of the Revised Code. 4,171
(6) "URBAN SCHOOL DISTRICT" MEANS ONE OF THE STATE'S 4,173
TWENTY-ONE URBAN SCHOOL DISTRICTS AS DEFINED IN DIVISION (O) OF 4,174
SECTION 3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR 4,175
TO JULY 1, 1998.
(B) Any person or group of individuals may initially 4,178
93
propose under this division the conversion of all or a portion of 4,179
a public school to a community school. The proposal shall be 4,180
made to the board of education of a THE city, local, or exempted 4,182
village school district, other than a pilot project district, in 4,183
which the public school is proposed to be converted. Upon 4,184
receipt of a proposal, a board may enter into a preliminary 4,185
agreement with the person or group proposing the conversion of 4,186
the public school, indicating the intention of the board of 4,187
education to support the conversion to a community school. A 4,188
proposing person or group that has a preliminary agreement under 4,190
this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a 4,191
contract with the board of education. Provided the proposing 4,192
person or group adheres to the preliminary agreement and all 4,193
provisions of this chapter, the board of education shall 4,194
negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this 4,195
section.
(C)(1) Any person or group of individuals may propose 4,198
under this division the establishment of a new start-up school to 4,199
be located in a big eight CHALLENGED school district other than a 4,200
pilot project district. Such THE proposal may be made to any of 4,202
the following public entities: 4,203
(a) The board of education of the big eight school 4,206
district in which the school is proposed to be located; 4,207
(b) The board of education of any joint vocational school 4,210
district with territory in the county in which IS LOCATED the 4,211
majority of the territory of that big eight THE district IN WHICH 4,212
THE SCHOOL is PROPOSED TO BE located; 4,213
(c) The board of education of any other city, local, or 4,216
exempted village school district having territory in the same 4,217
county in which that big eight WHERE THE district IN WHICH THE 4,218
SCHOOL IS PROPOSED TO BE LOCATED has the major portion of its 4,219
territory;
94
(d) The state board of education; 4,221
(e) IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT 4,223
PROJECT AREA, THE GOVERNING BOARD OF THE EDUCATIONAL SERVICE 4,225
CENTER SERVING THE COUNTY CONTAINING THE MAJORITY OF THE 4,227
TERRITORY OF THE PILOT PROJECT AREA;
(f) IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT 4,229
PROJECT AREA, A SPONSORING AUTHORITY DESIGNATED BY THE BOARD OF 4,231
TRUSTEES OF A STATE UNIVERSITY LOCATED IN THE PILOT PROJECT AREA, 4,233
OR THE BOARD OF TRUSTEES ITSELF.
Such big eight district board, joint vocational board, 4,235
other school district board, or state board THE PUBLIC ENTITY may 4,236
enter into a preliminary agreement pursuant to division (C)(2) of 4,238
this section with the proposing person or group. 4,239
(2) A preliminary agreement indicates the intention of a 4,242
public entity described in division (C)(1) of this section to 4,244
sponsor the community school. A proposing person or group that 4,245
has such a preliminary agreement may proceed to finalize plans 4,246
for the school, establish a governing authority for the school, 4,247
and negotiate a contract with the public entity. Provided the
proposing person or group adheres to the preliminary agreement 4,249
and all provisions of this chapter, the public entity shall 4,250
negotiate in good faith to enter into a contract in accordance 4,251
with section 3314.03 of the Revised Code. 4,252
(3) A NEW START-UP SCHOOL THAT IS ESTABLISHED IN A SCHOOL 4,254
DISTRICT WHILE THAT DISTRICT IS IN A STATE OF ACADEMIC EMERGENCY 4,255
UNDER SECTION 3302.03 OF THE REVISED CODE MAY CONTINUE IN 4,256
EXISTENCE ONCE THE SCHOOL DISTRICT IS NO LONGER IN A STATE OF 4,257
ACADEMIC EMERGENCY, PROVIDED THERE IS A VALID CONTRACT BETWEEN
THE SCHOOL AND A SPONSOR. 4,258
(D) A majority vote of a sponsoring school district board 4,260
and a majority vote of the members of the governing authority of 4,261
a community school shall be required to adopt a contract and 4,262
convert the public school to a community school or establish the 4,263
new start-up school. An unlimited number of community schools 4,265
95
may be established in any school district provided that a 4,267
contract is entered into for each community school pursuant to
this chapter. 4,268
Sec. 3314.021. (A) IF THE DEPARTMENT OF EDUCATION 4,270
RECEIVES ANY APPLICATION PROPOSING A COMMUNITY SCHOOL TO BE 4,271
LOCATED IN A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT 4,272
UNDER THIS CHAPTER, THE DEPARTMENT SHALL SEND A NOTICE TO THE 4,273
PRESIDENT OF THE BOARD OF EDUCATION OF THE SCHOOL DISTRICT IN 4,274
WHICH THE COMMUNITY SCHOOL WOULD BE LOCATED INFORMING THE BOARD 4,275
OF THE APPLICATION. IF ANY MEMBER OF THE BOARD OF EDUCATION 4,276
REQUESTS A COPY OF THE APPLICATION, THE DEPARTMENT SHALL FURNISH 4,277
A COPY TO THAT MEMBER.
(B) A COPY OF EVERY CONTRACT ENTERED INTO UNDER SECTION 4,279
3314.03 OF THE REVISED CODE SHALL BE FILED WITH THE OFFICE OF 4,280
SCHOOL OPTIONS AND THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 4,281
Sec. 3314.03. (A) Each contract entered into under 4,290
section 3314.02 of the Revised Code between a sponsor and the 4,291
governing authority of a community school shall specify the 4,292
following:
(1) That the school shall be established as a nonprofit 4,294
corporation established under Chapter 1702. of the Revised Code; 4,295
(2) The education program of the school, including the 4,297
school's mission, the characteristics of the students the school 4,298
is expected to attract, the ages and grades of students, and the 4,299
focus of the curriculum; 4,300
(3) The academic goals to be achieved and the method of 4,302
measurement that will be used to determine progress toward those 4,303
goals, which shall include the statewide proficiency tests; 4,304
(4) Performance standards by which the success of the 4,306
school will be evaluated by the sponsor; 4,307
(5) The admission standards of section 3314.06 of the 4,309
Revised Code; 4,310
(6) Dismissal procedures; 4,312
(7) The ways by which the school will achieve racial and 4,314
96
ethnic balance reflective of the community it serves; 4,315
(8) Requirements and procedures for financial audits by 4,318
the auditor of state. The contract shall require financial 4,319
records of the school to be maintained in the same manner as are 4,322
financial records of school districts, pursuant to rules of the 4,323
auditor of state and the audits shall be conducted in accordance 4,324
with section 117.10 of the Revised Code.
(9) The facility FACILITIES to be used and its location 4,326
THEIR LOCATIONS; 4,327
(10) Qualifications of teachers, including a requirement 4,329
that the school's classroom teachers be licensed in accordance 4,330
with sections 3319.22 to 3319.31 of the Revised Code, except that 4,331
a community school may engage noncertificated persons to teach up 4,332
to twelve hours per week pursuant to section 3319.301 of the 4,333
Revised Code;
(11) That the school will comply with the following 4,335
requirements: 4,336
(a) The school will provide learning opportunities to a 4,338
minimum of twenty-five students for a minimum of nine hundred 4,340
twenty hours per school year;
(b) The governing authority will purchase liability 4,343
insurance, or otherwise provide for the potential liability of 4,344
the school;
(c) The school will be nonsectarian in its programs, 4,347
admission policies, employment practices, and all other 4,348
operations, and will not be operated by a sectarian school or 4,349
religious institution;
(d) The school will comply with sections 9.90, 9.91, 4,351
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 4,353
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 4,354
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 4,355
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4,356
4113.52 and Chapters 117., 1347., 2744., 3365., 4112., 4123., 4,357
4141., and 4167. of the Revised Code as if it were a school 4,358
97
district;
(e) The school shall comply with Chapter 102. of the 4,360
Revised Code except that nothing in that chapter shall prohibit a 4,361
member of the school's governing board from also being an 4,362
employee of the school and nothing in that chapter or section 4,363
2921.42 of the Revised Code shall prohibit a member of the 4,364
school's governing board from having an interest in a contract 4,365
into which the governing board enters; 4,366
(f) The school will comply with sections 3313.61 and 4,368
3313.611 of the Revised Code, except that the requirement in 4,370
those sections that a person must successfully complete the 4,371
curriculum in any high school prior to receiving a high school 4,372
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 4,374
curriculum specified in Title XXXIII of the Revised Code or any 4,375
rules of the state board of education;
(g) The school governing authority will submit an annual 4,377
report of its activities and progress in meeting the goals and 4,378
standards of divisions (A)(3) and (4) of this section and its 4,379
financial status to the sponsor, the parents of all students 4,380
enrolled in the school, and the legislative office of education 4,381
oversight. THE SCHOOL WILL COLLECT AND PROVIDE ANY DATA THAT THE 4,383
LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT REQUESTS IN FURTHERANCE 4,384
OF ANY STUDY OR RESEARCH THAT THE GENERAL ASSEMBLY REQUIRES THE
OFFICE TO CONDUCT, INCLUDING THE STUDIES REQUIRED UNDER SECTION 4,385
50.39 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY AND 4,387
SECTION 50.52.2 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL 4,389
ASSEMBLY, AS AMENDED.
(12) Arrangements for providing health and other benefits 4,391
to employees; 4,392
(13) The length of the contract, which shall begin at the 4,394
beginning of an academic year and shall not exceed five years; 4,395
(14) The governing authority of the school, which shall be 4,397
responsible for carrying out the provisions of the contract; 4,398
98
(15) A financial plan detailing an estimated school budget 4,400
for each year of the period of the contract and specifying the 4,401
total estimated per pupil expenditure amount for each such year. 4,402
The plan shall specify for each year the base formula amount that 4,404
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 4,405
year shall not exceed the formula amount defined under section 4,406
3317.02 of the Revised Code. The plan may also specify for any 4,408
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 4,409
section 3317.029 of the Revised Code the school is to receive 4,411
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 4,413
of employees of the school in the event the contract is 4,414
terminated or not renewed pursuant to section 3314.07 of the 4,415
Revised Code;
(17) Whether the school is to be created by converting all 4,418
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 4,419
any duties or responsibilities of an employer that the board of 4,420
education that operated the school before conversion is 4,421
delegating to the governing board of the community school with 4,422
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 4,423
applicable to such employees; 4,424
(18) Provisions establishing procedures for resolving 4,426
disputes or differences of opinion between the sponsor and the 4,427
governing authority of the community school; 4,428
(19) A PROVISION REQUIRING THE GOVERNING AUTHORITY TO 4,430
ADOPT A POLICY REGARDING THE ADMISSION OF STUDENTS WHO RESIDE 4,432
OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. THAT POLICY 4,433
SHALL COMPLY WITH THE ADMISSIONS PROCEDURES SPECIFIED IN SECTION 4,434
3314.06 OF THE REVISED CODE AND, AT THE SOLE DISCRETION OF THE 4,435
AUTHORITY, SHALL DO ONE OF THE FOLLOWING:
99
(a) PROHIBIT THE ENROLLMENT OF STUDENTS WHO RESIDE OUTSIDE 4,437
THE DISTRICT IN WHICH THE SCHOOL IS LOCATED; 4,438
(b) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN 4,440
DISTRICTS ADJACENT TO THE DISTRICT IN WHICH THE SCHOOL IS 4,441
LOCATED;
(c) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN ANY 4,443
OTHER DISTRICT IN THE STATE. 4,444
(B) The community school shall also submit to the sponsor 4,446
a comprehensive plan for the school. The plan shall specify the 4,448
following:
(1) The process by which the governing authority of the 4,450
school will be selected in the future; 4,451
(2) The management and administration of the school; 4,453
(3) If the community school is a currently existing public 4,456
school, alternative arrangements for current public school 4,457
students who choose not to attend the school and teachers who 4,458
choose not to teach in the school after conversion; 4,459
(4) The instructional program and educational philosophy 4,461
of the school; 4,462
(5) Internal financial controls. 4,464
(C) A contract entered into under section 3314.02 of the 4,466
Revised Code between a sponsor and the governing authority of a 4,468
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 4,469
authorized to receive such payments as set forth in the contract 4,470
between the governing authority and the sponsor. 4,471
Sec. 3314.05. The contract between the community school 4,480
and the sponsor shall specify the facility FACILITIES to be used 4,481
for the community school and the method of acquisition. Any A 4,483
SCHOOL MAY BE LOCATED IN MULTIPLE FACILITIES UNDER THE SAME 4,484
CONTRACT ONLY IF THE LIMITATIONS ON AVAILABILITY OF SPACE 4,485
PROHIBIT SERVING ALL THE GRADE LEVELS SPECIFIED IN THE CONTRACT
IN A SINGLE FACILITY. THE SCHOOL SHALL NOT OFFER THE SAME GRADE 4,486
LEVEL CLASSROOMS IN MORE THAN ONE FACILITY. 4,487
100
ANY facility used for a community school shall meet all 4,490
health and safety standards established by law for school
buildings.
In the case where a community school is proposed to be 4,492
located in a facility owned by a school district or educational 4,493
service center, the facility may not be used for such community 4,495
school unless the district or service center board owning the 4,496
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms 4,498
and conditions agreed to by the district or service center board 4,499
and the school.
Sec. 3314.06. The governing authority of each community 4,508
school established under this chapter shall adopt admission 4,509
procedures that specify the following: 4,510
(A) That except as otherwise provided in this section, 4,512
admission to the school shall be open only to any individual age 4,513
five to twenty-two entitled to attend school pursuant to section 4,515
3313.64 or 3313.65 of the Revised Code in the A school district 4,516
in which the school is located or who was enrolled in the 4,517
converted school during the school year preceding the year of its 4,518
conversion to a community school THE STATE. 4,519
(B) That admission to the school may be limited to 4,521
students who have attained a specific grade level or are within a 4,523
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; or to residents of a 4,524
specific geographic area WITHIN THE DISTRICT, as defined in the 4,526
contract, that is within the school district in which the school 4,527
is located.
(C) WHETHER ENROLLMENT IS LIMITED TO STUDENTS WHO RESIDE 4,529
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED OR IS OPEN TO 4,530
RESIDENTS OF OTHER DISTRICTS, AS PROVIDED IN THE POLICY ADOPTED 4,531
PURSUANT TO THE CONTRACT.
(D) That there will be no discrimination in the admission 4,533
of students to the school on the basis of race, creed, color, 4,534
101
handicapping condition, or sex; and that, upon admission of any 4,536
handicapped student, the community school will comply with all 4,537
federal and state laws regarding the education of handicapped 4,538
students.
(D)(E) That the school may not limit admission to students 4,540
on the basis of intellectual ability, measures of achievement or 4,542
aptitude, or athletic ability. 4,543
(E)(F) That the community school will admit the number of 4,545
students that does not exceed the capacity of the school's 4,548
programs, classes, grade levels, or facilities. 4,549
(F)(G) That, except as otherwise provided under division 4,551
(B) of this section, if the number of applicants exceeds the 4,552
capacity restrictions of division (E)(F) of this section, 4,553
students shall be admitted by lot from all those submitting 4,554
applications, except preference shall be given to students 4,555
attending the school the previous year and TO STUDENTS WHO RESIDE 4,556
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. PREFERENCE may 4,557
be given to siblings of such students ATTENDING THE SCHOOL THE 4,558
PREVIOUS YEAR.
Notwithstanding divisions (A) through (F)(G) of this 4,560
section, in the event the racial composition of the enrollment of 4,561
the community school is violative of a federal desegregation 4,562
order, the community school shall take any and all corrective 4,563
measures to comply with the desegregation order. 4,564
Sec. 3314.071. ANY CONTRACT ENTERED INTO BY THE GOVERNING 4,566
AUTHORITY OR ANY OFFICER OR DIRECTOR OF A COMMUNITY SCHOOL, 4,567
INCLUDING THE CONTRACT REQUIRED BY SECTIONS 3314.02 AND 3314.03 4,568
OF THE REVISED CODE, IS DEEMED TO BE ENTERED INTO BY SUCH 4,569
INDIVIDUALS IN THEIR OFFICIAL CAPACITIES AS REPRESENTATIVES OF 4,570
THE COMMUNITY SCHOOL. NO OFFICER, DIRECTOR, OR MEMBER OF THE 4,572
GOVERNING AUTHORITY OF A COMMUNITY SCHOOL INCURS ANY PERSONAL
LIABILITY BY VIRTUE OF ENTERING INTO ANY CONTRACT ON BEHALF OF 4,573
THE SCHOOL. 4,574
Sec. 3314.08. (A) As used in this section: 4,583
102
(1) "Base formula amount" means the amount specified as 4,586
such in a community school's financial plan for a school year 4,587
pursuant to division (A)(15) of section 3314.03 of the Revised 4,588
Code.
(2) "Cost-of-doing-business factor" has the same meaning 4,590
as in section 3317.02 of the Revised Code. 4,591
(3) "IEP" means an individualized education program AS 4,594
defined by division (E) of IN section 3323.01 of the Revised 4,595
Code.
(4) "Average county cost" means the cost, averaged among 4,598
school districts within a county, of providing special education 4,599
and related services to similarly handicapped children, as 4,601
calculated in a manner acceptable to the superintendent of public 4,603
instruction "APPLICABLE WEIGHT" MEANS: 4,604
(a) FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED 4,606
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION 4,607
(A) OF SECTION 3317.013 OF THE REVISED CODE, THE MULTIPLE 4,609
SPECIFIED IN THAT DIVISION;
(b) FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED 4,611
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION 4,612
(B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF 4,614
THE REVISED CODE, THE MULTIPLE SPECIFIED IN DIVISION (B) OF 4,615
SECTION 3317.013 OF THE REVISED CODE. 4,616
(5) "TOTAL SPECIAL EDUCATION WEIGHT" MEANS THE SUM OF THE 4,618
FOLLOWING: 4,619
(a) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 4,622
(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN 4,623
THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A 4,624
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 4,625
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 4,626
HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE 4,627
REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION 4,628
(A) OF SECTION 3317.013 OF THE REVISED CODE; 4,629
(b) ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER 4,631
103
DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND 4,634
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 4,636
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 4,637
HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE 4,638
REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION 4,640
(A) OF SECTION 3317.013 OF THE REVISED CODE; 4,641
(c) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 4,644
(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN 4,645
THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A 4,646
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 4,647
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 4,648
HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR 4,649
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 4,650
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 4,652
3317.013 OF THE REVISED CODE; 4,653
(d) ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER 4,655
DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND 4,658
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 4,660
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 4,661
HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR 4,662
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 4,664
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 4,666
3317.013 OF THE REVISED CODE. 4,667
(6) "ENTITLED TO ATTEND SCHOOL" MEANS ENTITLED TO ATTEND 4,669
SCHOOL IN A DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE 4,670
REVISED CODE. 4,671
(7) "DPIA reduction factor" means the percentage figure, 4,674
if any, specified for reducing the per pupil amount of 4,675
disadvantaged pupil impact aid a community school is entitled to 4,676
receive pursuant to division DIVISIONS (D)(3)(4) AND (5) of this 4,677
section in any year, as specified in the school's financial plan 4,680
for the year pursuant to division (A)(15) of section 3314.03 of 4,681
104
the Revised Code.
(8) "ALL-DAY KINDERGARTEN" HAS THE SAME MEANING AS IN 4,683
SECTION 3317.029 OF THE REVISED CODE. 4,684
(B) The state board of education shall adopt rules 4,686
requiring both of the following: 4,687
(1) The board of education of each city, exempted village, 4,689
and local school district to annually report the number of 4,690
students entitled to attend school in the district pursuant to 4,691
section 3313.64 or 3313.65 of the Revised Code who are enrolled 4,693
in grades one through twelve and one-half of the kindergarten 4,694
students enrolled in a community school established under this 4,695
chapter, THE NUMBER OF STUDENTS ENTITLED TO ATTEND SCHOOL IN THE 4,696
DISTRICT WHO ARE ENROLLED IN KINDERGARTEN IN A COMMUNITY SCHOOL, 4,697
THE NUMBER OF THOSE KINDERGARTNERS WHO ARE ENROLLED IN ALL-DAY 4,699
KINDERGARTEN IN THEIR COMMUNITY SCHOOL, and for each child, the 4,702
community school in which the child is enrolled. In addition, 4,704
for each such child receiving special education and related 4,705
services enrolled in grades kindergarten through twelve or in a 4,706
preschool handicapped unit in a community school pursuant to an 4,708
IEP, the board shall report the average county cost for such 4,710
child. If the district receives disadvantaged pupil impact aid 4,712
pursuant to division (B) or divisions (C) and (E) of section 4,713
3317.029 of the Revised Code, it also shall report the amount 4,714
received for each such child.
(2) The governing authority of each community school 4,716
established under this chapter to annually report ALL OF the 4,717
FOLLOWING: 4,718
(a) THE number of students enrolled in grades one through 4,721
twelve and one-half the number of kindergarten students ENROLLED 4,723
IN KINDERGARTEN in the school who are not receiving special 4,724
education and related services pursuant to an IEP; the 4,725
(b) THE number of enrolled students in grades one through 4,727
twelve and one-half the number of ENROLLED STUDENTS IN 4,728
kindergarten students, who are receiving special education and 4,731
105
related services pursuant to an IEP; the 4,732
(c) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 4,735
(B)(2)(b) OF THIS SECTION RECEIVING SPECIAL EDUCATION AND RELATED 4,736
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN EACH OF 4,737
DIVISIONS (A) AND (B) OF SECTION 3317.013 AND DIVISION (F)(3) OF 4,739
SECTION 3317.02 OF THE REVISED CODE; 4,741
(d) THE number of enrolled preschool handicapped students 4,744
receiving special education services in a state-funded unit; the 4,745
(e) THE community school's base formula amount; and 4,748
(f) FOR EACH STUDENT, the city, exempted village, or local 4,751
school district in which the school STUDENT is located. Each 4,753
governing authority shall also report any ENTITLED TO ATTEND 4,754
SCHOOL;
(g) ANY DPIA reduction factor that applies to a school 4,757
year.
(C) From the payments made to a city, exempted village, or 4,759
local school district under Chapter 3317. of the Revised Code 4,760
and, if necessary, sections 321.14 and 323.156 of the Revised 4,761
Code, the department of education shall annually subtract all of 4,762
the following:
(1) An amount equal to the sum of the amounts obtained 4,764
when, for each community school where the district's students are 4,765
enrolled, the number of the district's students reported under 4,766
division DIVISIONS (B)(2)(a) AND (b) of this section who are 4,767
enrolled in grades one through twelve, and one-half the number of 4,768
STUDENTS REPORTED UNDER THOSE DIVISIONS WHO ARE ENROLLED IN 4,769
kindergarten students, in that community school and are not 4,771
receiving special education and related services pursuant to an 4,772
IEP is multiplied by the base formula amount of that community 4,773
school as adjusted by the school district's 4,774
cost-of-doing-business factor.
(2) The sum PRODUCT of the average county costs for all 4,776
NUMBER OF district students reported under division (B)(2)(c) of 4,779
this section AS ENROLLED IN GRADES ONE THROUGH TWELVE, AND 4,780
106
ONE-HALF OF THE NUMBER OF DISTRICT STUDENTS REPORTED UNDER THAT 4,781
DIVISION AS ENROLLED IN KINDERGARTEN, who are to be receiving 4,783
special education and related services pursuant to an IEP in 4,784
their respective community schools, less the sum of the prorated 4,786
share for each such student of any amounts received from state 4,787
preschool handicapped unit funding or from federal funds to 4,788
provide special education and related services to students in the 4,789
respective community schools. This prorated share of state or 4,790
federal funds received for each such student shall be determined 4,791
on the basis of all such funds received by a community school for 4,792
students receiving similar services, as calculated in a manner 4,793
acceptable to the superintendent of public instruction. FOR A 4,795
HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR 4,797
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 4,799
MULTIPLIED BY THE TOTAL SPECIAL EDUCATION WEIGHT; 4,800
(3) An amount equal to the sum of the amounts obtained 4,802
when, for each community school where the district's students are 4,803
enrolled, the number of the district's students enrolled in that 4,804
community school and residing in the district in a family 4,805
participating in Ohio works first under Chapter 5107. of the 4,806
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 4,807
year pursuant to division (B) or divisions (C) and (E) of section 4,808
3317.029 of the Revised Code, as adjusted by any DPIA reduction 4,810
factor of that community school. IF THE DISTRICT RECEIVES 4,811
DISADVANTAGED PUPIL IMPACT AID UNDER DIVISION (B) OF THAT 4,812
SECTION, THE PER PUPIL AMOUNT OF THAT AID IS THE QUOTIENT OF THE 4,813
AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE 4,814
NUMBER OF CHILDREN AGES FIVE THROUGH SEVENTEEN RESIDING IN THE 4,815
DISTRICT AND LIVING IN A FAMILY PARTICIPATING IN OHIO WORKS 4,816
FIRST, AS MOST RECENTLY REPORTED UNDER SECTION 3317.10 OF THE 4,817
REVISED CODE. IF THE DISTRICT RECEIVES DISADVANTAGED PUPIL 4,819
IMPACT AID UNDER DIVISION (C) OF SECTION 3317.029 OF THE REVISED 4,820
CODE, THE PER PUPIL AMOUNT OF THAT AID IS THE PER PUPIL DOLLAR 4,822
107
AMOUNT PRESCRIBED FOR THE DISTRICT IN DIVISION (C)(1) OR (2) OF 4,823
THAT SECTION.
(4) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 4,825
WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE 4,826
ENROLLED, THE DISTRICT'S PER PUPIL AMOUNT OF AID RECEIVED UNDER 4,827
DIVISION (E) OF SECTION 3317.029 OF THE REVISED CODE, AS ADJUSTED 4,828
BY ANY DPIA REDUCTION FACTOR OF THE COMMUNITY SCHOOL, IS 4,830
MULTIPLIED BY THE SUM OF THE FOLLOWING: 4,831
(a) THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 4,833
DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE 4,835
TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING 4,838
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP; 4,840
(b) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 4,842
IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY 4,843
SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED 4,844
SERVICES PURSUANT TO AN IEP; 4,845
(c) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 4,847
IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT 4,848
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN 4,849
IEP.
THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E) 4,851
OF SECTION 3317.029 OF THE REVISED CODE IS THE QUOTIENT OF THE 4,852
AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE 4,854
DISTRICT'S KINDERGARTEN THROUGH THIRD GRADE ADM, AS DEFINED IN 4,855
THAT SECTION. 4,856
(D) The department shall annually pay to a community 4,858
school established under this chapter all of the following: 4,859
(1) An amount equal to the sum of the amounts obtained 4,861
when the number of students enrolled in grades one through 4,862
twelve, plus one-half of the kindergarten students in the school 4,863
as, reported under division DIVISIONS (B)(2)(a) AND (b) of this 4,866
section who are not receiving special education and related 4,867
services pursuant to an IEP FOR A HANDICAP DESCRIBED IN DIVISION 4,868
(A) OR (B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 4,869
108
3317.02 OF THE REVISED CODE is multiplied by the community 4,870
school's base formula amount, as adjusted by the 4,871
cost-of-doing-business factor of the school district in which the 4,872
school STUDENT is located ENTITLED TO ATTEND SCHOOL; 4,873
(2) For THE GREATER OF THE FOLLOWING: 4,876
(a) THE AGGREGATE AMOUNT THAT THE DEPARTMENT PAID TO THE 4,878
COMMUNITY SCHOOL IN FISCAL YEAR 1999 FOR STUDENTS RECEIVING 4,879
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO IEPs, 4,881
EXCLUDING FEDERAL FUNDS AND STATE DISADVANTAGED PUPIL IMPACT AID 4,883
FUNDS;
(b) THE SUM OF THE AMOUNTS CALCULATED UNDER DIVISIONS 4,886
(D)(2)(b)(i) AND (ii) OF THIS SECTION: 4,887
(i) FOR each student REPORTED UNDER DIVISION (B)(2)(c) OF 4,891
THIS SECTION AS enrolled in the school IN GRADES ONE THROUGH 4,892
TWELVE AND receiving special education and related services 4,893
pursuant to an IEP, an amount equal to the average county cost 4,894
for such student, less a prorated share for the student of any 4,895
FOR A HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 4,897
3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED 4,900
CODE, THE FOLLOWING AMOUNT:
(THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT X THE 4,902
COST-OF-DOING-BUSINESS FACTOR OF THE DISTRICT WHERE THE STUDENT 4,903
IS ENTITLED TO ATTEND SCHOOL) + (THE APPLICABLE WEIGHT 4,904
X THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT); 4,905
(ii) FOR EACH STUDENT REPORTED UNDER DIVISION (B)(2)(c) OF 4,909
THIS SECTION AS ENROLLED IN KINDERGARTEN AND RECEIVING SPECIAL
EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A HANDICAP 4,911
DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR DIVISION 4,913
(F)(3) OF SECTION 3317.02 OF THE REVISED CODE, ONE-HALF OF THE 4,915
AMOUNT CALCULATED UNDER THE FORMULA PRESCRIBED IN DIVISION 4,916
(D)(2)(b)(i) OF THIS SECTION.
(3) AN amount received from state preschool handicapped 4,919
unit funding or federal funds to provide special education and 4,920
related services to students in the community school. This 4,921
109
prorated share shall be, AS determined as described under 4,922
division (C)(2) of this section BY THE SUPERINTENDENT OF PUBLIC 4,924
INSTRUCTION.
(3)(4) An amount equal to the SUM OF THE AMOUNTS OBTAINED 4,926
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 4,928
STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE number of THAT 4,930
DISTRICT'S students enrolled in the community school and residing 4,931
in the school district in a family participating in Ohio works 4,933
first IS multiplied by the per pupil amount of disadvantaged
pupil impact aid that school district receives that year pursuant 4,935
to division (B) or divisions (C) and (E) of section 3317.029 of 4,937
the Revised Code, as adjusted by any DPIA reduction factor of the 4,938
community school. THE PER PUPIL AMOUNT OF AID SHALL BE 4,940
DETERMINED AS DESCRIBED IN DIVISION (C)(3) OF THIS SECTION. 4,941
(5) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 4,943
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 4,944
STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE DISTRICT'S PER PUPIL 4,945
AMOUNT OF AID RECEIVED UNDER DIVISION (E) OF SECTION 3317.029 OF 4,946
THE REVISED CODE, AS ADJUSTED BY ANY DPIA REDUCTION FACTOR OF THE 4,949
COMMUNITY SCHOOL, IS MULTIPLIED BY THE SUM OF THE FOLLOWING: 4,950
(a) THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 4,952
DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE 4,954
TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING 4,957
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP; 4,959
(b) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 4,961
IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY 4,962
SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED 4,963
SERVICES PURSUANT TO AN IEP; 4,964
(c) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 4,966
IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT 4,967
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN 4,968
IEP.
THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E) 4,970
OF SECTION 3317.029 OF THE REVISED CODE SHALL BE DETERMINED AS 4,971
110
DESCRIBED IN DIVISION (C)(4) OF THIS SECTION. 4,972
(E) IF A COMMUNITY SCHOOL'S COSTS FOR A FISCAL YEAR FOR A 4,974
STUDENT RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT 4,975
TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION (F)(3) OF SECTION 4,977
3317.02 OF THE REVISED CODE ARE TWENTY-FIVE THOUSAND DOLLARS OR 4,979
MORE, THE SCHOOL MAY SUBMIT TO THE SUPERINTENDENT OF PUBLIC 4,980
INSTRUCTION DOCUMENTATION, AS PRESCRIBED BY THE SUPERINTENDENT, 4,981
OF ALL ITS COSTS FOR THAT STUDENT. UPON SUBMISSION OF 4,982
DOCUMENTATION FOR A STUDENT OF THE TYPE AND IN THE MANNER 4,983
PRESCRIBED, THE DEPARTMENT SHALL PAY TO THE DISTRICT AN AMOUNT 4,984
EQUAL TO THE SCHOOL'S COSTS FOR THE STUDENT IN EXCESS OF 4,985
TWENTY-FIVE THOUSAND DOLLARS.
THE COMMUNITY SCHOOL SHALL ONLY REPORT, AND THE DEPARTMENT 4,987
SHALL ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES AND THE 4,988
RELATED SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE WITH THE 4,989
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM. ANY LEGAL FEES, 4,990
COURT COSTS, OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF ACTION 4,991
RELATING TO THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT. 4,992
(F) A community school may apply to the department of 4,994
education for preschool handicapped or gifted unit funding the 4,995
school would receive if it were a school district. Upon request 4,996
of its governing authority, a community school that received unit 4,998
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 4,999
district-operated school provided the school continues to meet 5,000
eligibility standards for the unit. 5,001
A community school shall be considered a school district 5,003
and its governing authority shall be considered a board of 5,004
education for the purpose of applying to any state or federal 5,005
agency for grants that a school district may receive under 5,006
federal or state law or any appropriations act of the general 5,007
assembly. The governing authority of a community school may 5,008
apply to any private entity for additional funds. 5,009
(F)(G) A board of education sponsoring a community school 5,011
111
may utilize local funds to make enhancement grants to the school 5,012
or may agree, either as part of the contract or separately, to 5,013
provide any specific services to the community school at no cost 5,014
to the school.
(G)(H) A community school may not levy taxes or issue 5,016
bonds secured by tax revenues. 5,017
(H)(I) No community school shall charge tuition for the 5,019
enrollment of any student. 5,020
(I)(J) A community school may borrow money to pay any 5,022
necessary and actual expenses of the school in anticipation of 5,024
the receipt of any portion of the payments to be received by the 5,025
school pursuant to division (D) of this section. The school may 5,026
issue notes to evidence such borrowing to mature no later than 5,027
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 5,028
which the anticipated receipts may be lawfully expended by the 5,029
school.
(J)(K) For purposes of determining the number of students 5,032
for which division DIVISIONS (D)(3)(4) AND (5) of this section 5,033
applies in any school year, a community school may submit to the 5,035
state department of human services, no later than the first day
of March, a list of the students enrolled in the school. For 5,037
each student on the list, the community school shall indicate the
student's name, address, and date of birth and the school 5,038
district where the student is entitled to attend school under 5,039
section 3313.64 or 3313.65 of the Revised Code. Upon receipt of 5,041
a list under this division, the department of human services 5,043
shall determine, for each school district where one or more 5,044
students on the list is entitled to attend school under section 5,045
3313.64 or 3313.65 of the Revised Code, the number of students 5,048
residing in that school district who were included in the
department's report under section 3317.10 of the Revised Code. 5,050
The department shall make this determination on the basis of 5,051
information readily available to it. Upon making this 5,052
112
determination and no later than ninety days after submission of 5,053
the list by the community school, the department shall report to 5,054
the state department of education the number of students on the 5,055
list who reside in each school district who were included in the 5,056
department's report under section 3317.10 of the Revised Code. 5,057
In complying with this division, the department of human services 5,058
shall not report to the state department of education any 5,059
personally identifiable information on any student.
(K)(L) The department of education shall adjust the 5,061
amounts subtracted and paid under divisions (C) and (D) of this 5,062
section to reflect any enrollment of students in community 5,063
schools for less than the equivalent of a full school year. FOR 5,064
PURPOSES OF THIS SECTION, A STUDENT SHALL BE CONSIDERED ENROLLED 5,065
IN THE COMMUNITY SCHOOL FOR ANY PORTION OF THE SCHOOL YEAR THE 5,066
STUDENT IS PARTICIPATING AT A COLLEGE UNDER CHAPTER 3365. OF THE 5,067
REVISED CODE.
(M) THE DEPARTMENT OF EDUCATION SHALL REDUCE THE AMOUNTS 5,069
PAID UNDER DIVISION (D) OF THIS SECTION TO REFLECT PAYMENTS MADE 5,070
TO COLLEGES UNDER DIVISION (B) OF SECTION 3365.07 OF THE REVISED 5,071
CODE.
Sec. 3314.09. The AS USED IN THIS SECTION, "NATIVE 5,080
STUDENT" MEANS A STUDENT ENTITLED TO ATTEND SCHOOL IN THE SCHOOL 5,081
DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. 5,082
THE board of education of the EACH city, local, or AND 5,085
exempted village school district in which a community school is 5,087
located shall provide transportation to AND FROM SCHOOL FOR ITS 5,088
DISTRICT'S NATIVE students enrolled in the A community school, 5,089
except that the board shall be required to pick up and drop off a 5,090
nonhandicapped student only at a regular school bus stop 5,091
designated in accordance with the board's transportation policy 5,092
LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS
THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED 5,094
IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF EDUCATION 5,095
AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE FROM 5,096
113
SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED BY 5,097
THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS UNNECESSARY 5,098
OR UNREASONABLE. A BOARD SHALL NOT BE REQUIRED TO TRANSPORT 5,099
NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN 5,100
ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE 5,101
THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL 5,102
BUS FROM THE COLLECTION POINT DESIGNATED BY THE DISTRICT'S 5,103
COORDINATOR OF SCHOOL TRANSPORTATION.
WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A 5,106
COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF
PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER 5,107
PERSON IN CHARGE OF THE CHILD. THE AMOUNT PAID PER PUPIL SHALL 5,108
IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER PUPIL, 5,109
WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF CHILDREN BY 5,111
ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT PRECEDING 5,112
YEAR.
Sec. 3314.11. The department of education shall establish 5,121
a THE state community school commission OFFICE OF SCHOOL OPTIONS 5,123
TO PROVIDE ADVICE AND SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM, 5,124
ESTABLISHED PURSUANT TO CHAPTER 3314. OF THE REVISED CODE, AND 5,125
THE PILOT PROJECT SCHOLARSHIP PROGRAM, ESTABLISHED PURSUANT TO 5,126
SECTIONS 3313.974 TO 3313.979 OF THE REVISED CODE. The
commission OFFICE shall provide SERVICES THAT FACILITATE THE 5,127
MANAGEMENT OF THE COMMUNITY SCHOOLS PROGRAM AND THE PILOT PROJECT 5,128
SCHOLARSHIP PROGRAM, INCLUDING PROVIDING TECHNICAL assistance and 5,129
information to persons or groups considering proposing a 5,130
community school, to governing authorities of community schools, 5,131
and to school district boards PUBLIC ENTITIES sponsoring or 5,133
considering sponsoring a community school.
Sec. 3314.12. The legislative office of education 5,142
oversight shall produce and issue an annual composite 5,143
informational report on community schools established under this 5,144
chapter or under Section 50.52 of Amended Substitute House Bill 5,145
No. 215 of the 122nd general assembly to the speaker of the house 5,147
114
of representatives, the president of the senate, and the
governor. The report shall include the number of schools in 5,148
operation, the size and characteristics of enrollment for the 5,149
schools, the academic performance of the schools, the financial 5,150
status of the schools, and any other pertinent information. 5,151
Sec. 3314.13. (A) As used in this section: 5,160
(1) "All-day kindergarten" and "DPIA index" have HAS the 5,163
same meanings MEANING as in section 3317.029 of the Revised Code. 5,165
(2) "Formula amount" has the same meaning as in section 5,167
3317.02 of the Revised Code. 5,168
(B) The department of education annually shall pay each 5,170
community school established under this chapter or under Section 5,171
50.52 of Amended Substitute House Bill No. 215 of the 122nd 5,172
general assembly one-half of the formula amount for each student 5,173
who TO WHOM BOTH OF THE FOLLOWING APPLY:
(1) THE STUDENT is entitled to attend school under section 5,175
3313.64 or 3313.65 of the Revised Code in a school district with 5,176
a DPIA index of one or greater and who is THAT IS ELIGIBLE TO 5,178
RECEIVE A PAYMENT UNDER DIVISION (D) OF SECTION 3317.029 OF THE 5,179
REVISED CODE IF IT PROVIDES ALL-DAY KINDERGARTEN;
(2) THE STUDENT IS reported by the community school UNDER 5,181
DIVISION (B)(3) OF SECTION 3314.08 OF THE REVISED CODE as 5,182
enrolled in all-day kindergarten at the community school. If 5,183
(C) IF a student for whom payment is made under DIVISION 5,186
(B) OF this section is entitled to attend school in a district 5,187
that receives any payment for all-day kindergarten under division 5,188
(D) of section 3317.029 of the Revised Code, the department shall 5,189
deduct the payment to the community school under this section 5,190
from the amount paid that school district under that division. 5,191
If that school district does not receive payment for all-day 5,192
kindergarten under that division BECAUSE IT DOES NOT PROVIDE 5,193
ALL-DAY KINDERGARTEN, the department shall pay the community 5,194
school from state funds appropriated generally for disadvantaged 5,195
pupil impact aid.
115
(C)(D) The department shall adjust the amounts deducted 5,198
from school districts and paid to community schools under this 5,199
section to reflect any enrollments of students in all-day 5,200
kindergarten in community schools for less than the equivalent of 5,201
a full school year.
Sec. 3314.15. (A) EACH COMMUNITY SCHOOL LOCATED IN THE 5,203
PILOT PROJECT AREA, OR IN A COUNTY CONTIGUOUS TO THE PILOT 5,204
PROJECT AREA, THAT IS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS 5,205
SECTION PURSUANT TO A CONTRACT ENTERED INTO WITH ITS SPONSOR 5,206
PRIOR TO THAT DATE UNDER FORMER SECTION 50.52.4 OF AM. SUB. H.B. 5,211
NO. 215 OF THE 122nd GENERAL ASSEMBLY, IS SUBJECT TO THIS CHAPTER 5,213
AND SHALL BE CONSIDERED FOR ALL PURPOSES OF THE REVISED CODE TO 5,214
BE ESTABLISHED UNDER THIS CHAPTER. HOWEVER, UNTIL THAT CONTRACT 5,215
EXPIRES, BUT NOT LATER THAN JUNE 30, 2003, THE COMMUNITY SCHOOL 5,216
MAY CONTINUE TO OPERATE IN ACCORDANCE WITH THAT CONTRACT TO THE 5,217
EXTENT IT DOES NOT CONFLICT WITH THE PROVISIONS OF SECTION 50.52 5,218
OF THAT ACT IN EFFECT IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF 5,219
THIS SECTION. THE SCHOOL IS SUBJECT TO ANY PROVISIONS OF THIS 5,220
CHAPTER THAT DO NOT CONFLICT WITH THAT CONTRACT. IF THE
GOVERNING AUTHORITY OF SUCH A COMMUNITY SCHOOL RENEWS THE 5,221
CONTRACT WITH A SPONSOR, THE RENEWED CONTRACT SHALL COMPLY WITH 5,222
THIS CHAPTER.
(B) A PRELIMINARY AGREEMENT FOR A COMMUNITY SCHOOL ENTERED 5,224
INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION UNDER FORMER 5,225
SECTION 50.52.4 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL 5,229
ASSEMBLY REMAINS VALID ON AND AFTER THAT DATE FOR AS LONG AS THE 5,230
PROPOSED GOVERNING AUTHORITY AND PROPOSED SPONSOR OF THE 5,231
COMMUNITY SCHOOL CONTINUE THE AGREEMENT. IF THEY AGREE TO 5,232
PROCEED TO ENTER INTO A CONTRACT FOR THE COMMUNITY SCHOOL, THE 5,233
CONTRACT SHALL BE ENTERED INTO UNDER SECTION 3314.02 AND SHALL 5,234
COMPLY WITH SECTION 3314.03 OF THE REVISED CODE. 5,235
(C) A COMMUNITY SCHOOL DESCRIBED IN DIVISION (A) OF THIS 5,237
SECTION THAT IS LOCATED IN A COUNTY CONTIGUOUS TO THE PILOT 5,239
PROJECT AREA MAY CONTINUE IN EXISTENCE AS LONG AS THERE IS A 5,240
116
VALID CONTRACT BETWEEN THE SCHOOL AND A SPONSOR. ANY SUCH 5,241
CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION 5,242
SHALL BE SUBJECT TO THIS CHAPTER. ANY PUBLIC ENTITY LISTED IN 5,243
DIVISION (C)(1) OF SECTION 3314.02 OF THE REVISED CODE MAY BE A 5,245
SPONSOR FOR THE COMMUNITY SCHOOL AS IF IT WERE LOCATED IN THE 5,246
PILOT PROJECT AREA. 5,247
Sec. 3315.17. (A) The board of education of each city, 5,257
exempted village, local, and joint vocational school district 5,258
shall establish a textbook and instructional materials fund and 5,259
shall deposit into that fund four per cent, or another percentage 5,260
if established in rules adopted under division (B)(C) of this 5,262
section, of all revenues received by the district for operating 5,263
expenses. Money in the fund shall be used solely for textbooks, 5,264
instructional software, and instructional materials, supplies, 5,265
and equipment. Any money in the fund that is not used in any 5,266
fiscal year shall carry forward to the next fiscal year. 5,267
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, IF IN A 5,269
FISCAL YEAR A DISTRICT BOARD DEPOSITS IN THE TEXTBOOK AND 5,271
INSTRUCTIONAL MATERIALS FUND AN AMOUNT OF MONEY GREATER THAN THE 5,272
AMOUNT REQUIRED TO BE DEPOSITED BY THIS SECTION OR THE RULES 5,273
ADOPTED UNDER DIVISION (C) OF THIS SECTION, THE BOARD MAY DEDUCT 5,274
THE EXCESS AMOUNT OF MONEY FROM THE AMOUNT OF MONEY REQUIRED TO 5,275
BE DEPOSITED IN SUCCEEDING FISCAL YEARS. 5,276
(C) The state superintendent of public instruction and the 5,279
auditor of state jointly shall adopt rules in accordance with 5,280
Chapter 119. of the Revised Code defining what constitutes 5,282
textbooks, instructional software, and instructional materials, 5,283
supplies, and equipment for which money in a school district's 5,284
textbook and instructional materials fund may be used. The 5,285
jointly adopted rules also may designate a percentage, other than 5,287
four per cent, of district operating revenues that must be
deposited into the fund. The auditor of state shall adopt rules 5,289
under section 117.20 of the Revised Code authorizing up to a 5,291
three-year phase-in period for district boards to meet the
117
percentage requirements of division (A) of this section, AND 5,293
SPECIFYING THE MANNER IN WHICH DISTRICT BOARDS MAY DEDUCT FROM A 5,294
REQUIRED DEPOSIT AN EXCESS AMOUNT DEPOSITED INTO THE TEXTBOOK AND 5,295
INSTRUCTIONAL MATERIALS FUND IN A PRIOR FISCAL YEAR.
(C)(D) Notwithstanding division (A) of this section, a 5,298
district board of education in any fiscal year may appropriate 5,299
money in the district textbook and instructional materials fund 5,300
for purposes other than those permitted by that division if both 5,301
of the following occur during that fiscal year: 5,302
(1) All of the following certify to the district board in 5,304
writing that the district has sufficient textbooks, instructional 5,305
software, and instructional materials, supplies, and equipment to 5,307
ensure a thorough and efficient education within the district: 5,308
(a) The district superintendent; 5,310
(b) In districts required to have a business advisory 5,312
council, a person designated by vote of the business advisory 5,313
council;
(c) If the district teachers are represented by an 5,315
exclusive bargaining representative for purposes of Chapter 4117. 5,317
of the Revised Code, the president of that organization or the 5,320
president's designee.
(2) The district board adopts, by unanimous vote of all 5,322
members of the board, a resolution stating that the district has 5,323
sufficient textbooks, instructional software, and instructional 5,324
materials, supplies, and equipment to ensure a thorough and 5,325
efficient education within the district. 5,326
(D)(E) Notwithstanding any provision to the contrary in 5,328
Chapter 4117. of the Revised Code, the requirements of this 5,329
section prevail over any conflicting provisions of agreements 5,331
between employee organizations and public employers entered into 5,332
on or after the effective date of this section NOVEMBER 21, 1997. 5,333
Sec. 3316.05. (A) Pursuant to the powers of the general 5,343
assembly and for the purposes of this chapter, upon the 5,344
declaration of a fiscal emergency in any school district pursuant 5,346
118
to division (B) of section 3316.03 of the Revised Code, there is 5,347
established, with respect to that school district, a body both
corporate and politic constituting an agency and instrumentality 5,348
of the state and performing essential governmental functions of 5,349
the state to be known as the "financial planning and supervision 5,350
commission for ........ (name of school district)," which, in 5,351
that name, may exercise all authority vested in such a commission 5,352
by this chapter. A separate commission is established with 5,353
respect to each school district as to which there is a fiscal 5,354
emergency as determined under this chapter. 5,355
(B) A commission APPOINTED AFTER JULY 1, 1999, shall 5,357
consist of seven FIVE voting members, including women and at 5,359
least one Hispanic or African American if Hispanic and African 5,360
Americans together constitute at least twenty per cent of the 5,361
student population of the district, as follows:
(1) Four TWO ex officio members: the director of budget 5,364
and management, OR A DESIGNEE OF THE DIRECTOR, AND the 5,365
superintendent of public instruction, OR A DESIGNEE OF the 5,366
superintendent of the school district, and the mayor of the 5,367
municipal corporation with the largest number of residents living 5,368
within the school district, except that if more than fifty per 5,369
cent of the residents of the district reside outside the 5,370
municipal corporation containing the greatest number of district 5,371
residents or if there is no municipal corporation located in the 5,372
school district, the county auditor of the county with the
largest number of residents living within the school district 5,373
shall be a member of the commission in lieu of a mayor. 5,374
The director of budget and management may designate an 5,376
individual within the office of budget and management; the mayor 5,378
may designate a responsible official within his office or the 5,379
fiscal officer of the municipal corporation; the superintendent 5,380
of public instruction may designate an employee within the 5,381
department of education; and the superintendent of the school
district may designate an employee of the school district to 5,382
119
attend the meetings of the commission when the ex officio member 5,384
making the designation is absent or unable for any reason to 5,385
attend. A designee, when present, shall be counted in 5,387
determining whether a quorum is present at any meeting of the 5,388
commission and may vote and participate in all proceedings and 5,389
actions of the commission. The designations shall be in writing, 5,390
executed by the member making the designation, and filed with the 5,391
secretary of the commission. The designations may be changed 5,392
from time to time in like manner, but due regard shall be given 5,393
to the need for continuity.
(2) Three appointed members, who shall be appointed within 5,395
fifteen days after the declaration of the fiscal emergency, one 5,397
by the governor, one by the superintendent of public instruction, 5,398
and one by the mayor or county auditor who is a member of the 5,399
commission OF THE MUNICIPAL CORPORATION WITH THE LARGEST NUMBER 5,400
OF RESIDENTS LIVING WITHIN THE SCHOOL DISTRICT, EXCEPT THAT IF 5,401
MORE THAN FIFTY PER CENT OF THE RESIDENTS OF THE DISTRICT RESIDE 5,402
OUTSIDE THE MUNICIPAL CORPORATION CONTAINING THE GREATEST NUMBER 5,403
OF DISTRICT RESIDENTS OR IF THERE IS NO MUNICIPAL CORPORATION 5,404
LOCATED IN THE SCHOOL DISTRICT, THE COUNTY AUDITOR OF THE COUNTY
WITH THE LARGEST NUMBER OF RESIDENTS LIVING WITHIN THE SCHOOL 5,405
DISTRICT SHALL MAKE THE APPOINTMENT IN LIEU OF A MAYOR. All of 5,406
the appointed members shall serve at the pleasure of the 5,407
appointing authority during the life of the commission. In the 5,408
event of the death, resignation, incapacity, removal, or 5,409
ineligibility to serve of an appointed member, the appointing 5,410
authority shall appoint a successor within fifteen days after the 5,411
vacancy occurs.
(a) The member appointed by the governor and the member 5,413
appointed by the mayor or county auditor shall be an individual: 5,414
(i) Who has knowledge and experience in financial matters, 5,416
financial management, or business organization or operations, 5,417
including at least five years of experience in the public or 5,418
private sector in the management of business or financial 5,419
120
enterprise, or in management consulting, public accounting, or 5,420
other similar professional activity; 5,421
(ii) Whose residency, office, or principal place of 5,423
professional or business activity is situated within the school 5,425
district.
(b) The member appointed by the superintendent of public 5,427
instruction shall be a parent of a child currently enrolled in a 5,428
public school within the district. 5,429
(C) Immediately after appointment of the initial appointed 5,431
members of the commission, the superintendent of public 5,432
instruction shall call the first meeting of the commission and 5,433
shall cause written notice of the time, date, and place of the 5,434
first meeting to be given to each member of the commission at 5,435
least forty-eight hours in advance of the meeting. 5,436
(D) The superintendent of public instruction shall serve 5,438
as the commission's chairperson and the commission shall elect 5,439
one of its members as vice-chairperson and may appoint a 5,440
secretary and any other officers, who need not be members of the 5,441
commission, AS it considers necessary. 5,442
(E) The commission may adopt and alter bylaws and rules, 5,444
which shall not be subject to section 111.15 or Chapter 119. of 5,445
the Revised Code, for the conduct of its affairs and for the 5,446
manner, subject to this chapter, in which its powers and 5,447
functions shall be exercised and embodied.
(F) Four THREE members of the commission constitute a 5,449
quorum of the commission. The affirmative vote of four THREE 5,450
members of the commission is necessary for any action taken by 5,452
vote of the commission. No vacancy in the membership of the 5,453
commission shall impair the rights of a quorum by such vote to 5,454
exercise all the rights and perform all the duties of the 5,455
commission. Members of the commission, and their designees, are 5,456
not disqualified from voting by reason of the functions of the 5,457
other office they hold and are not disqualified from exercising 5,458
the functions of the other office with respect to the school 5,459
121
district, its officers, or the commission. 5,460
(G) THE AUDITOR OF STATE SHALL ACT AS THE FINANCIAL 5,462
SUPERVISOR FOR THE SCHOOL DISTRICT UNDER CONTRACT WITH THE 5,463
COMMISSION UNLESS THE AUDITOR OF STATE ELECTS TO CONTRACT FOR 5,464
THAT SERVICE. At the request of the commission the auditor of 5,465
state shall designate employees of the auditor of state's office 5,466
to assist the commission and to coordinate the work of the 5,467
auditor of state's office. Upon the declaration of a fiscal 5,468
emergency in any school district, the school district shall 5,470
provide the commission with such reasonable office space in the 5,471
principal building housing the administrative offices of the 5,472
school district, where feasible, as the commission determines is
necessary to carry out its duties under this chapter. 5,473
The attorney general shall serve as the legal counsel for 5,475
the commission.
(H) The members of the commission, the superintendent of 5,478
public instruction, the auditor of state, and any person 5,479
authorized to act on behalf of or assist them shall not be
personally liable or subject to any suit, judgment, or claim for 5,480
damages resulting from the exercise of or failure to exercise the 5,481
powers, duties, and functions granted to them in regard to their 5,482
functioning under this chapter, but the commission, the 5,483
superintendent of public instruction, the auditor of state, and 5,484
such other persons shall be subject to mandamus proceedings to 5,485
compel performance of their duties under this chapter. 5,486
(I) At the request of the commission the administrative 5,488
head of any state agency shall temporarily assign personnel 5,489
skilled in accounting and budgeting procedures to assist the 5,490
commission in its duties. 5,491
(J) The appointed members of the commission are not 5,493
subject to section 102.02 of the Revised Code, each appointed 5,494
member of the commission shall file with the commission a signed 5,495
written statement setting forth the general nature of sales of 5,496
goods, property, or services or of loans to the school district 5,497
122
with respect to which that commission is established, in which 5,498
the appointed member has a pecuniary interest or in which any 5,499
member of the appointed member's immediate family, as defined in 5,500
section 102.01 of the Revised Code, or any corporation, 5,501
partnership, or enterprise of which the appointed member is an
officer, director, or partner, or of which the appointed member 5,502
or a member of the appointed member's immediate family, as so 5,503
defined, owns more than a five per cent interest, has a pecuniary 5,505
interest, and of which sale, loan, or interest such member has 5,506
knowledge. The statement shall be supplemented from time to time 5,507
to reflect changes in the general nature of any such sales or 5,508
loans.
(K) Meetings of the commission shall be subject to section 5,510
121.22 of the Revised Code except that division (C) of such 5,511
section requiring members to be physically present to be part of 5,512
a quorum or vote does not apply if the commission holds a meeting 5,513
by teleconference and if provisions are made for public 5,514
attendance at any location involved in such teleconference.
Sec. 3316.06. (A) Within sixty ONE HUNDRED TWENTY days 5,527
after the first meeting of a school district financial planning 5,529
and supervision commission, the commission shall adopt a 5,530
financial recovery plan regarding the school district for which 5,531
the commission was created. During the formulation of the plan, 5,532
the commission shall seek appropriate input from the school
district board and from the community. This plan shall contain 5,533
the following:
(1) Actions to be taken to: 5,535
(a) Eliminate all fiscal emergency conditions declared to 5,538
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and 5,540
all past-due and payable payroll and fringe benefits; 5,541
(c) Eliminate the deficits in all deficit funds; 5,543
(d) Restore to special funds any moneys from such funds 5,545
123
that were used for purposes not within the purposes of such 5,547
funds, or borrowed from such funds by the purchase of debt 5,548
obligations of the school district with the moneys of such funds, 5,549
or missing from the special funds and not accounted for, if any; 5,550
(e) Balance the budget, avoid future deficits in any 5,552
funds, and maintain on a current basis payments of payroll, 5,553
fringe benefits, and all accounts; 5,554
(f) Avoid any fiscal emergency condition in the future; 5,556
(g) Restore the ability of the school district to market 5,558
long-term general obligation bonds under provisions of law 5,559
applicable to school districts generally. 5,560
(2) The management structure that will enable the school 5,562
district to take the actions enumerated in division (A)(1) of 5,563
this section. The plan shall specify the level of fiscal and 5,564
management control that the commission will exercise within the 5,565
school district during the period of fiscal emergency, and shall 5,566
enumerate respectively, the powers and duties of the commission 5,567
and the powers and duties of the school board during that period. 5,568
The commission may elect to assume any of the powers and duties
of the school board it considers necessary, including all powers 5,569
related to personnel, curriculum, and legal issues in order to 5,570
successfully implement the actions described in division (A)(1) 5,571
of this section.
(3) The target dates for the commencement, progress upon, 5,574
and completion of the actions enumerated in division (A)(1) of 5,575
this section and a reasonable period of time expected to be 5,576
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and achievement of 5,578
the requirements for the plan, and the plan shall be consistent 5,579
with that time schedule.
(4) The amount and purpose of any issue of debt 5,581
obligations that will be issued, together with assurances that 5,582
any such debt obligations that will be issued will not exceed 5,583
debt limits supported by appropriate certifications by the fiscal 5,584
124
officer of the school district and the county auditor. Debt 5,585
obligations issued pursuant to section 133.301 of the Revised 5,586
Code shall include assurances that such debt shall be in an 5,587
amount not to exceed the amount certified under division (B) of 5,588
such section. If the commission considers it necessary in order 5,591
to maintain or improve educational opportunities of pupils in the 5,592
school district, the plan may include a proposal to restructure
or refinance outstanding debt obligations incurred by the board 5,593
under section 3313.483 of the Revised Code contingent upon the 5,595
approval, during the period of the fiscal emergency, by district
voters of a tax levied under section 718.09, 718.10, 5705.194, 5,596
5705.21, 5748.02, or 5748.08 of the Revised Code, that is not a 5,598
renewal or replacement levy and that will provide new operating 5,599
revenue. Notwithstanding any provision of Chapter 133. or 5,601
sections 3313.483 through TO 3313.4811 of the Revised Code,
following the required approval of the district voters and with 5,603
the approval of the commission, the school district may issue 5,604
securities to evidence the restructuring or refinancing. Those 5,605
securities may extend the original period for repayment, not to 5,606
exceed ten years, and may alter the frequency and amount of 5,608
repayments, interest or other financing charges, and other terms 5,609
of agreements under which the debt originally was contracted, at 5,610
the discretion of the commission, provided that any loans 5,611
received pursuant to section 3313.483 of the Revised Code shall
be paid from funds the district would otherwise receive under 5,612
sections 3317.022 to 3317.025 of the Revised Code, as required 5,613
under division (E)(3) of section 3313.483 of the Revised Code. 5,614
The securities issued for the purpose of restructuring or 5,615
refinancing the debt shall be repaid in equal payments and at
equal intervals over the term of the debt and are not eligible to 5,616
be included in any subsequent proposal for the purpose of 5,617
restructuring or refinancing debt under this section. 5,618
(B) Any financial recovery plan may be amended subsequent 5,620
to its adoption. Each financial recovery plan shall be updated 5,621
125
annually.
Sec. 3317.01. As used in this section and section 3317.011 5,630
of the Revised Code, "school district," unless otherwise 5,631
specified, means any city, local, exempted village, joint 5,632
vocational, or cooperative education school district and any 5,634
educational service center.
This chapter shall be administered by the state board of 5,636
education. The superintendent of public instruction shall 5,637
calculate the amounts payable to each school district and shall 5,638
certify the amounts payable to each eligible district to the 5,639
treasurer of the district as provided by this chapter. No moneys 5,640
shall be distributed pursuant to this chapter without the 5,641
approval of the controlling board. 5,642
The state board of education shall, in accordance with 5,644
appropriations made by the general assembly, meet the financial 5,645
obligations of this chapter, except that moneys to meet the 5,646
financial obligations of section 3301.17 of the Revised Code 5,647
shall be supplemented from funds available to the state from the 5,648
United States or any agency or department thereof for a driver 5,649
education course of instruction. 5,650
Annually, the department of education shall calculate and 5,652
report to each school district the district's total state and 5,653
local funds for providing an adequate basic education to the 5,654
district's nonhandicapped students, utilizing the determination 5,655
in section 3317.012 of the Revised Code. In addition, the
department shall calculate and report separately for each school 5,657
district the district's total state and local funds for providng 5,658
an adequate education for its handicapped students, utilizing the 5,659
determinations in both sections 3317.012 and 3317.013 of the 5,660
Revised Code.
NOT LATER THAN THE THIRTY-FIRST DAY OF AUGUST OF EACH 5,662
FISCAL YEAR, THE DEPARTMENT OF EDUCATION SHALL PROVIDE TO EACH 5,663
SCHOOL DISTRICT AND COUNTY MR/DD BOARD A PRELIMINARY ESTIMATE OF 5,664
THE AMOUNT OF FUNDING THAT THE DEPARTMENT CALCULATES THE DISTRICT 5,666
126
WILL RECEIVE UNDER EACH OF DIVISIONS (C)(1) AND (5) OF SECTION 5,667
3317.022 OF THE REVISED CODE. NO LATER THAN THE FIRST DAY OF 5,668
DECEMBER OF EACH FISCAL YEAR, THE DEPARTMENT SHALL UPDATE THAT
PRELIMINARY ESTIMATE. 5,669
Moneys distributed pursuant to this chapter shall be 5,671
calculated and paid on a fiscal year basis, beginning with the 5,672
first day of July and extending through the thirtieth day of 5,673
June. The moneys appropriated for each fiscal year shall be 5,674
distributed at least monthly to each school district unless 5,675
otherwise provided for. The state board shall submit a yearly 5,676
distribution plan to the controlling board at its first meeting 5,678
in July. The state board shall submit any proposed midyear
revision of the plan to the controlling board in January. Any 5,680
year-end revision of the plan shall be submitted to the 5,681
controlling board in June. If moneys appropriated for each
fiscal year are distributed other than monthly, such distribution 5,682
shall be on the same basis for each school district. 5,683
The total amounts paid each month shall constitute, as 5,685
nearly as possible, one-twelfth of the total amount payable for 5,686
the entire year. Payments made during the first six months of 5,687
the fiscal year may be based on an estimate of the amounts 5,688
payable for the entire year. Payments made in the last six 5,689
months shall be based on the final calculation of the amounts 5,690
payable to each school district for that fiscal year. Payments 5,691
made in the last six months may be adjusted, if necessary, to 5,692
correct the amounts distributed in the first six months, and to 5,693
reflect enrollment increases when such are at least three per 5,694
cent. Except as otherwise provided, payments under this chapter 5,695
shall be made only to those school districts in which: 5,696
(A) The school district, except for any educational 5,699
service center and any joint vocational or cooperative education 5,700
school district, levies for current operating expenses at least 5,701
twenty mills. Levies for joint vocational or cooperative 5,703
education school districts or county school financing districts, 5,704
127
limited to or to the extent apportioned to current expenses, 5,705
shall be included in this qualification requirement. School 5,706
district income tax levies under Chapter 5748. of the Revised 5,707
Code, limited to or to the extent apportioned to current 5,708
operating expenses, shall be included in this qualification 5,709
requirement to the extent determined by the tax commissioner 5,710
under division (C) of section 3317.021 of the Revised Code. 5,711
(B) The school year next preceding the fiscal year for 5,713
which such payments are authorized meets the requirement of 5,714
section 3313.48 or 3313.481 of the Revised Code, with regard to 5,715
the minimum number of days or hours school must be open for 5,716
instruction with pupils in attendance, for individualized 5,717
parent-teacher conference and reporting periods, and for 5,718
professional meetings of teachers. This requirement shall be 5,719
waived by the superintendent of public instruction if it had been 5,720
necessary for a school to be closed because of disease epidemic, 5,721
hazardous weather conditions, inoperability of school buses or 5,722
other equipment necessary to the school's operation, damage to a 5,723
school building, or other temporary circumstances due to utility 5,724
failure rendering the school building unfit for school use, 5,725
provided that for those school districts operating pursuant to 5,726
section 3313.48 of the Revised Code the number of days the school 5,727
was actually open for instruction with pupils in attendance and 5,728
for individualized parent-teacher conference and reporting 5,729
periods is not less than one hundred seventy-five, or for those 5,730
school districts operating on a trimester plan the number of days 5,731
the school was actually open for instruction with pupils in 5,732
attendance not less than seventy-nine days in any trimester, for 5,733
those school districts operating on a quarterly plan the number 5,734
of days the school was actually open for instruction with pupils 5,735
in attendance not less than fifty-nine days in any quarter, or 5,736
for those school districts operating on a pentamester plan the 5,737
number of days the school was actually open for instruction with 5,738
pupils in attendance not less than forty-four days in any 5,739
128
pentamester.
A school district shall not be considered to have failed to 5,741
comply with this division or section 3313.481 of the Revised Code 5,742
because schools were open for instruction but either twelfth 5,743
grade students were excused from attendance for up to three days 5,744
or only a portion of the kindergarten students were in attendance 5,745
for up to three days in order to allow for the gradual 5,746
orientation to school of such students. 5,747
The superintendent of public instruction shall waive the 5,749
requirements of this section with reference to the minimum number 5,750
of days or hours school must be in session with pupils in 5,751
attendance for the school year succeeding the school year in 5,752
which a board of education initiates a plan of operation pursuant 5,753
to section 3313.481 of the Revised Code. The minimum 5,754
requirements of this section shall again be applicable to such a 5,755
district beginning with the school year commencing the second 5,756
July succeeding the initiation of one such plan, and for each 5,757
school year thereafter. 5,758
A school district shall not be considered to have failed to 5,760
comply with this division or section 3313.48 or 3313.481 of the 5,761
Revised Code because schools were open for instruction but the 5,762
length of the regularly scheduled school day, for any number of 5,763
days during the school year, was reduced by not more than two 5,764
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in 5,766
accordance with, a teachers' salary schedule which complies with 5,768
section 3317.13 of the Revised Code.
A board of education or governing board of an educational 5,770
service center which has not conformed with other law and the 5,772
rules pursuant thereto, shall not participate in the distribution 5,773
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 5,774
3317.16, 3317.17, and 3317.19 of the Revised Code, except for 5,775
good and sufficient reason established to the satisfaction of the 5,776
state board of education and the state controlling board. 5,777
129
All funds allocated to school districts under this chapter, 5,779
except those specifically allocated for other purposes, shall be 5,780
used to pay current operating expenses only. 5,781
Sec. 3317.014. THE AVERAGE VOCATIONAL EDUCATION ADDITIONAL 5,783
COST PER PUPIL CAN BE EXPRESSED AS A MULTIPLE OF THE BASE COST 5,784
PER PUPIL CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 5,785
THE MULTIPLES FOR THE FOLLOWING CATEGORIES OF VOCATIONAL 5,786
EDUCATION PROGRAMS ARE AS FOLLOWS: 5,787
(A) A MULTIPLE OF 0.60 FOR STUDENTS ENROLLED IN VOCATIONAL 5,789
EDUCATION JOB-TRAINING AND WORKFORCE DEVELOPMENT PROGRAMS 5,790
APPROVED BY THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH RULES 5,791
ADOPTED UNDER SECTION 3313.90 OF THE REVISED CODE. 5,792
(B) A MULTIPLE OF 0.30 FOR STUDENTS ENROLLED IN VOCATIONAL 5,794
EDUCATION CLASSES OTHER THAN JOB-TRAINING AND WORKFORCE 5,795
DEVELOPMENT PROGRAMS. 5,796
VOCATIONAL EDUCATION ASSOCIATED SERVICES COSTS CAN BE 5,798
EXPRESSED AS A MULTIPLE OF 0.05 OF THE BASE COST PER PUPIL 5,799
CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 5,800
Sec. 3317.02. As used in this chapter: 5,809
(A) Unless otherwise specified, "school district" means 5,811
city, local, and exempted village school districts. 5,812
(B) "Formula amount" means the base cost for the fiscal 5,814
year specified in section 3317.012 of the Revised Code, except 5,816
that to allow for the orderly phase-in of the increased funding 5,817
specified in that section, the formula amount for fiscal year 5,818
1999 shall be $3,851;, AND the formula amount for fiscal year 5,819
2000 shall be $4,038; and the formula amount for fiscal year 2001 5,820
shall be $4,226 4,052. Thereafter, the formula amount shall be 5,822
as specified in that section.
(C) "FTE basis" means a count of students based on 5,825
full-time equivalency, in accordance with rules adopted by the 5,826
department of education pursuant to section 3317.03 of the 5,827
Revised Code. In adopting its rules under this division, the 5,828
department shall provide for counting any student in a district's 5,829
130
category one, two, or three special education ADM OR IN CATEGORY 5,831
ONE OR TWO VOCATIONAL EDUCATION ADM in the same proportion the 5,832
student is counted in formula ADM. 5,833
(D)(1) "Formula ADM" means, FOR A CITY, LOCAL, OR EXEMPTED 5,836
VILLAGE SCHOOL DISTRICT, the number reported pursuant to division 5,838
(A) of section 3317.03 of the Revised Code, AND FOR A JOINT
VOCATIONAL SCHOOL DISTRICT, THE NUMBER REPORTED PURSUANT TO 5,839
DIVISION (D) OF THAT SECTION. 5,840
(2) "Three-year average formula ADM" means the average of 5,842
a school district's formula ADMs for the current and preceding 5,844
two fiscal years. However, as applicable in fiscal years 1999 5,845
and 2000, the three-year average FOR CITY, LOCAL, AND EXEMPTED 5,846
VILLAGE SCHOOL DISTRICTS shall be determined utilizing the FY 5,847
1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal year 5,848
1997 or 1998. IN FISCAL YEARS 2000 AND 2001, THE THREE-YEAR 5,849
AVERAGE FOR JOINT VOCATIONAL SCHOOL DISTRICTS SHALL BE DETERMINED 5,851
UTILIZING THE AVERAGE DAILY MEMBERSHIP REPORTED IN FISCAL YEARS
1998 AND 1999 UNDER DIVISION (D) OF SECTION 3317.03 OF THE 5,852
REVISED CODE IN LIEU OF FORMULA ADM FOR FISCAL YEARS 1998 AND 5,853
1999.
(E) "FY 1997 ADM" or "FY 1998 ADM" means the SCHOOL 5,856
district's average daily membership reported for the applicable 5,857
fiscal year under the version of division (A) of section 3317.03 5,858
of the Revised Code in effect during that fiscal year, adjusted 5,860
as follows:
(1) Minus the average daily membership of handicapped 5,863
preschool children;
(2) Minus one-half of the average daily membership 5,866
attending kindergarten;
(3) Minus three-fourths of the average daily membership 5,869
attending a joint vocational school district; 5,870
(4) Plus the average daily membership entitled under 5,872
section 3313.64 or 3313.65 of the Revised Code to attend school 5,874
in the district but receiving educational services in approved 5,875
131
units from an educational service center or another school 5,876
district under a compact or a cooperative education agreement, as 5,877
determined by the department;
(5) Minus the average daily membership receiving 5,879
educational services from the district in approved units but 5,880
entitled under section 3313.64 or 3313.65 of the Revised Code to 5,881
attend school in another school district, as determined by the 5,882
department.
(F)(1) "Category one special education ADM" means the 5,886
average daily membership of handicapped children receiving
special education services for those handicaps specified in 5,888
division (A) of section 3317.013 of the Revised Code and reported 5,889
under division (B)(5) OR (D)(2)(b) of section 3317.03 of the 5,892
Revised Code.
(2) "Category two special education ADM" means the average 5,896
daily membership of handicapped children receiving special 5,897
education services for those handicaps specified in division (B) 5,898
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 5,900
Code. 5,901
(3) "Category three special education ADM" means the 5,905
average daily membership of students receiving special education 5,906
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 5,907
terms are defined pursuant to Chapter 3323. of the Revised Code, 5,908
and reported under division (B)(7) OR (D)(2)(d) of section 5,909
3317.03 of the Revised Code. 5,910
(4) "CATEGORY ONE VOCATIONAL EDUCATION ADM" MEANS THE 5,913
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL
EDUCATION SERVICES DESCRIBED IN DIVISION (A) OF SECTION 3317.014 5,914
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(8) OR 5,915
(D)(2)(e) OF SECTION 3317.03 OF THE REVISED CODE. 5,916
(5) "CATEGORY TWO VOCATIONAL EDUCATION ADM" MEANS THE 5,918
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL 5,919
132
EDUCATION SERVICES DESCRIBED IN DIVISION (B) OF SECTION 3317.014 5,920
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(9) OR 5,921
(D)(2)(f) OF SECTION 3317.03 OF THE REVISED CODE. 5,922
(G) "Handicapped preschool child" means a handicapped 5,925
child, as defined in section 3323.01 of the Revised Code, who is 5,926
at least age three but is not of compulsory school age, as 5,927
defined in section 3321.01 of the Revised Code, and who has not 5,928
entered kindergarten.
(H) "County MR/DD board" means a county board of mental 5,931
retardation and developmental disabilities. 5,932
(I) "Recognized valuation" means the amount calculated for 5,935
a school district pursuant to section 3317.015 of the Revised 5,936
Code.
(J) "Transportation ADM" means the number of children 5,939
reported under division (B)(9)(10) of section 3317.03 of the 5,940
Revised Code.
(K) "Most AVERAGE efficient transportation use cost per 5,942
transported student" for a district means a statistical 5,944
representation of transportation costs as calculated under 5,946
division (D)(4)(2) of section 3317.022 of the Revised Code. 5,947
(L) "Taxes charged and payable" means the taxes charged 5,949
and payable against real and public utility property after making 5,950
the reduction required by section 319.301 of the Revised Code, 5,951
plus the taxes levied against tangible personal property. 5,952
(M) "Total taxable value" means the sum of the amounts 5,955
certified for a city, local, exempted village, or joint 5,956
vocational school district under divisions (A)(1) and (2) of 5,957
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 5,959
indicated in this division for the county in which the A CITY, 5,960
LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL district is 5,961
located, adjusted in accordance with division (N)(2) of this 5,963
section. If the A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL
district is located in more than one county, the factor is the 5,965
133
amount indicated for the county to which the district is assigned 5,966
by the state department of education. IF A JOINT VOCATIONAL 5,967
SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE FACTOR IS
THE AMOUNT INDICATED FOR THE COUNTY IN WHICH THE JOINT VOCATIONAL 5,968
SCHOOL WITH THE GREATEST FORMULA ADM OPERATED BY THE DISTRICT IS 5,969
LOCATED. 5,970
COST-OF-DOING-BUSINESS 5,972
COUNTY FACTOR AMOUNT 5,973
Adams 1.0100 1.0074 5,974
Allen 1.0272 1.0217 5,975
Ashland 1.0362 1.0322 5,976
Ashtabula 1.0540 1.0480 5,977
Athens 1.0040 1.0046 5,978
Auglaize 1.0300 1.0255 5,979
Belmont 1.0101 1.0078 5,980
Brown 1.0218 1.0194 5,981
Butler 1.0662 1.0650 5,982
Carroll 1.0180 1.0166 5,983
Champaign 1.0432 1.0292 5,984
Clark 1.0489 1.0462 5,985
Clermont 1.0498 1.0510 5,986
Clinton 1.0287 1.0293 5,987
Columbiana 1.0320 1.0300 5,988
Coshocton 1.0224 1.0205 5,989
Crawford 1.0174 1.0152 5,990
Cuyahoga 1.0725 1.0697 5,991
Darke 1.0360 1.0340 5,992
Defiance 1.0214 1.0177 5,993
Delaware 1.0512 1.0339 5,994
Erie 1.0414 1.0391 5,995
Fairfield 1.0383 1.0358 5,996
Fayette 1.0281 1.0266 5,997
Franklin 1.0548 1.0389 5,998
Fulton 1.0382 1.0355 5,999
134
Gallia 1.0000 6,000
Geauga 1.0608 1.0568 6,001
Greene 1.0418 1.0406 6,002
Guernsey 1.0091 1.0072 6,003
Hamilton 1.0750 6,004
Hancock 1.0270 1.0224 6,005
Hardin 1.0384 1.0219 6,006
Harrison 1.0111 1.0098 6,007
Henry 1.0389 1.0347 6,008
Highland 1.0177 1.0139 6,009
Hocking 1.0164 1.0149 6,010
Holmes 1.0275 1.0237 6,011
Huron 1.0348 1.0317 6,012
Jackson 1.0176 1.0132 6,013
Jefferson 1.0090 1.0084 6,014
Knox 1.0276 1.0251 6,015
Lake 1.0627 1.0596 6,016
Lawrence 1.0154 1.0128 6,017
Licking 1.0418 1.0381 6,018
Logan 1.0376 1.0188 6,019
Lorain 1.0573 1.0535 6,020
Lucas 1.0449 1.0413 6,021
Madison 1.0475 1.0342 6,022
Mahoning 1.0465 1.0426 6,023
Marion 1.0289 1.0121 6,024
Medina 1.0656 1.0608 6,025
Meigs 1.0016 1.0031 6,026
Mercer 1.0209 1.0177 6,027
Miami 1.0456 1.0425 6,028
Monroe 1.0152 1.0118 6,029
Montgomery 1.0484 1.0482 6,030
Morgan 1.0168 1.0140 6,031
Morrow 1.0293 1.0268 6,032
Muskingum 1.0194 1.0167 6,033
135
Noble 1.0150 1.0129 6,034
Ottawa 1.0529 1.0510 6,035
Paulding 1.0216 1.0156 6,036
Perry 1.0185 1.0175 6,037
Pickaway 1.0350 1.0338 6,038
Pike 1.0146 1.0103 6,039
Portage 1.0595 1.0556 6,040
Preble 1.0523 1.0486 6,041
Putnam 1.0308 1.0253 6,042
Richland 1.0232 1.0205 6,043
Ross 1.0111 1.0089 6,044
Sandusky 1.0361 1.0336 6,045
Scioto 1.0082 1.0044 6,046
Seneca 1.0265 1.0240 6,047
Shelby 1.0274 1.0257 6,048
Stark 1.0330 1.0313 6,049
Summit 1.0642 1.0616 6,050
Trumbull 1.0465 1.0425 6,051
Tuscarawas 1.0109 1.0099 6,052
Union 1.0488 1.0330 6,053
Van Wert 1.0181 1.0126 6,054
Vinton 1.0065 1.0068 6,055
Warren 1.0678 1.0651 6,056
Washington 1.0124 1.0110 6,057
Wayne 1.0446 1.0406 6,058
Williams 1.0316 1.0268 6,059
Wood 1.0431 1.0405 6,060
Wyandot 1.0227 1.0191 6,061
(2) As used in this division, "multiplier" means the 6,066
number for the corresponding fiscal year as follows: 6,067
FISCAL YEAR OF THE 6,069
COMPUTATION MULTIPLIER 6,070
1998 9.6/7.5 6,072
1999 11.0/7.5 6,073
136
2000 12.4/7.5 6,074
2001 13.8/7.5 6,075
2002 15.2/7.5 6,076
2003 16.6/7.5 6,077
2004 and thereafter 18.0/7.5 6,078
Beginning in fiscal year 1998, the department shall 6,081
annually adjust the cost-of-doing-business factor for each county 6,083
in accordance with the following formula: 6,084
[(The cost-of-doing-business factor specified under 6,086
division (N)(1) of this section - 1) X (the multiplier 6,087
for the fiscal year of the calculation)< + 1 6,088
The result of such formula shall be the adjusted 6,090
cost-of-doing-business factor for that fiscal year. 6,091
(O) "Tax exempt value" of a school district means the 6,093
amount certified for a school district under division (A)(4) of 6,094
section 3317.021 of the Revised Code. 6,095
(P) "Potential value" of a school district means the 6,097
adjusted total taxable value of a school district plus the tax 6,099
exempt value of the district. 6,100
(Q) "District median income" means the median Ohio 6,102
adjusted gross income certified for a school district. On or 6,103
before the first day of July of each year, the tax commissioner 6,104
shall certify to the department of education for each city, 6,105
exempted village, and local school district the median Ohio 6,106
adjusted gross income of the residents of the school district 6,107
determined on the basis of tax returns filed for the second 6,108
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 6,110
median income of all city, exempted village, and local school 6,112
districts in the state.
(S) "Income factor" for a city, exempted village, or local 6,114
school district means the quotient obtained by dividing that 6,115
district's median income by the statewide median income. 6,116
(T) Except as provided in division (B)(3) of section 6,119
137
3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or local school district means the district's 6,121
recognized valuation divided by the greater of the district's 6,122
formula ADM or three-year average formula ADM. 6,123
(U) Except as provided in section 3317.0213 of the Revised 6,126
Code, "adjusted valuation per pupil" means the amount calculated 6,127
in accordance with the following formula: 6,128
District valuation per pupil - [$60,000 X 6,130
(1 - district income factor)< 6,131
If the result of such formula is negative, the adjusted 6,133
valuation per pupil shall be zero. 6,134
(V) "Income adjusted valuation" means the product obtained 6,136
by multiplying the SCHOOL district's adjusted valuation per pupil 6,137
by the greater of the district's formula ADM or three-year 6,140
average formula ADM.
(W) Except as provided in division (A)(2) of section 6,143
3317.022 of the Revised Code, "adjusted total taxable value"
means one of the following: 6,144
(1) In any fiscal year that a SCHOOL district's income 6,146
factor is less than or equal to one, the amount calculated under 6,148
the following formula:
(Income adjusted valuation X 1/5 MULTIPLE) + 6,149
([recognized valuation X 4/5 (1-MULTIPLE)< 6,151
WHERE "MULITPLE" MEANS THE NUMBER FOR THE CORRESPONDING 6,153
FISCAL YEAR AS FOLLOWS: 6,154
FISCAL YEAR OF THE 6,156
COMPUTATION MULTIPLE 6,157
2000 1/5 6,160
2001 AND THEREAFTER 4/15 6,161
(2) In fiscal year 1999, if a SCHOOL district's income 6,165
factor is greater than one, the amount calculated under the 6,166
following formula: 6,167
(Income adjusted valuation X 1/15) 6,168
+ (recognized valuation X 14/15) 6,169
138
Thereafter, the adjusted total taxable value of a district 6,171
with an income factor greater than one shall be its recognized 6,173
valuation.
Sec. 3317.022. (A)(1) The department of education shall 6,182
compute and distribute state basic aid BASE COST FUNDING to each 6,184
school district for the fiscal year in accordance with the
following formula, using adjusted total taxable value as defined 6,186
under division (W) of IN section 3317.02 of the Revised Code or 6,187
division (A)(2) of this section and the information obtained 6,189
under section 3317.021 of the Revised Code in the calendar year 6,190
in which the fiscal year begins.
Compute the following for each eligible district: 6,192
[cost-of-doing-business factor X 6,193
the formula amount X (the greater of formula ADM 6,194
or three-year average formula ADM)< - 6,195
(.023 X adjusted total taxable value) 6,196
If the difference obtained is a negative number, the 6,198
district's computation shall be zero. 6,199
(2)(a) For each school district for which the tax exempt 6,201
value of the district equals or exceeds twenty-five per cent of 6,202
the potential value of the district, the department of education 6,203
shall calculate the difference between the district's tax exempt 6,204
value and twenty-five per cent of the district's potential value. 6,205
(b) For each school district to which division (A)(2)(a) 6,208
of this section applies, the adjusted total taxable value used in 6,209
the calculation under division (A)(1) of this section shall be 6,210
the adjusted total taxable value modified by subtracting the 6,211
amount calculated under division (A)(2)(a) of this section. 6,212
(B) As used in division (C) of this section: 6,214
(1) The "total special education weight" for a district 6,216
means the sum of the following amounts: 6,217
(a) The district's category one special education ADM 6,219
multiplied by the multiple specified under division (A) of 6,222
section 3317.013 of the Revised Code;
139
(b) The sum of the district's category two and category 6,224
three special education ADMs multiplied by the multiple specified 6,226
under division (B) of section 3317.013 of the Revised Code. 6,227
(2) "State share percentage" means the percentage 6,229
calculated for a district as follows: 6,230
(a) Calculate the basic aid STATE BASE COST FUNDING amount 6,232
for the district for the fiscal year under division (A) of this 6,234
section. If the district would not receive any state basic aid 6,235
BASE COST FUNDING for that year under that division, the 6,237
district's state share percentage is zero.
(b) If the district would receive basic aid STATE BASE 6,239
COST FUNDING under that division, divide that basic aid amount by 6,241
an amount equal to the following: 6,242
Cost-of-doing-business factor X 6,244
the formula amount X (the greater of formula 6,245
ADM or three-year average formula ADM) 6,246
The resultant number is the district's state share 6,248
percentage. 6,249
(3) "Related services" includes: 6,251
(a) Child study, special education supervisors and 6,253
coordinators, speech and hearing services, adaptive physical 6,254
development services, occupational or physical therapy, teacher 6,256
assistants for handicapped children whose handicaps are described 6,257
in division (B) of section 3317.013 or division (F)(3) of section 6,258
3317.02 of the Revised Code, behavioral intervention, interpreter 6,260
services, work study, nursing services, and specialized 6,261
integrative services as those terms are defined by the
department;
(b) Speech and language services provided to any student 6,264
with a handicap, including any student whose primary or only 6,265
handicap is a speech and language handicap;
(c) Any related service not specifically covered by other 6,268
state funds but specified in federal law, including but not 6,269
limited to, audiology and school psychological services;
140
(d) Any service included in units funded under former 6,272
division (O)(1) of section 3317.023 of the Revised Code; 6,273
(e) Any other related service needed by handicapped 6,276
children in accordance with their individualized education plans. 6,277
(4) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A DISTRICT 6,279
MEANS THE SUM OF THE FOLLOWING AMOUNTS: 6,280
(a) THE DISTRICT'S CATEGORY ONE VOCATIONAL EDUCATION ADM 6,282
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (A) OF SECTION 6,283
3317.014 OF THE REVISED CODE; 6,284
(b) THE DISTRICT'S CATEGORY TWO VOCATIONAL EDUCATION ADM 6,286
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 6,287
3317.014 OF THE REVISED CODE. 6,288
(C)(1) The department shall compute and distribute state 6,290
special education and related services additional weighted costs 6,291
funds to each school district in accordance with the following 6,292
formula:
The district's state share percentage 6,294
X the formula amount for the year 6,295
for which the aid is calculated 6,296
X the district's total special education weight 6,297
(2) In any fiscal year, a school district receiving funds 6,299
under division (C)(1) of this section shall spend on related 6,301
services the lesser of the following: 6,302
(a) The amount the district spent on related services in 6,305
the preceding fiscal year;
(b) 1/8 X §[cost-of-doing-business factor X the formula 6,308
amount X (the category one special education ADM + category two 6,309
special education ADM + category three special education ADM)< + 6,311
the amount calculated for the fiscal year under division (C)(1) 6,313
of this section + the local share of special education and 6,314
related services additional weighted costs 6,315
(3) The local share of special education and related 6,317
services additional weighted costs equals: 6,318
(1 - the district's state share percentage) X 6,320
141
the district's total special education weight X 6,321
the formula amount 6,322
(4) The department shall compute and pay in accordance 6,325
with this division additional state aid to school districts for 6,326
students in category three special education ADM. If a 6,327
district's costs for the fiscal year for a student in its 6,328
category three special education ADM are twenty-five thousand 6,330
dollars or more, the district may submit to the superintendent of 6,331
public instruction documentation, as prescribed by the 6,332
superintendent, of all its costs for that student. Upon 6,333
submission of documentation for a student of the type and in the 6,334
manner prescribed, the department shall pay to the district an 6,335
amount equal to the district's costs for the student in excess of 6,336
twenty-five thousand dollars multiplied by the district's state 6,337
share percentage.
THE DISTRICT SHALL ONLY REPORT, AND THE DEPARTMENT SHALL 6,339
ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES AND THE RELATED 6,340
SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE WITH THE STUDENT'S 6,341
INDIVIDUALIZED EDUCATION PROGRAM. ANY LEGAL FEES, COURT COSTS, 6,342
OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF ACTION RELATING TO 6,343
THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT. 6,344
(5)(a) AS USED IN THIS DIVISION, THE "PERSONNEL ALLOWANCE" 6,346
MEANS TWENTY-FIVE THOUSAND DOLLARS IN FISCAL YEAR 2000 AND THIRTY 6,347
THOUSAND DOLLARS IN FISCAL YEAR 2001. 6,348
(b) FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND 6,350
FOR NO OTHER PURPOSE, THE DEPARTMENT OF EDUCATION SHALL PAY EACH 6,351
SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE FOLLOWING FORMULA: 6,352
(FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL 6,355
ALLOWANCE X THE STATE SHARE PERCENTAGE 6,356
(6) IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS 6,358
UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS 6,359
ONLY FOR THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED 6,360
FOR SPECIAL EDUCATION EXPENSES. 6,361
(D)(1) As used in this division, "log density" means the 6,363
142
logarithmic calculation (base 10) of each district's 6,364
transportation ADM per linear mile: 6,365
(a) "DAILY BUS MILES PER STUDENT" EQUALS THE NUMBER OF BUS 6,367
MILES TRAVELED PER DAY, DIVIDED BY TRANSPORTATION BASE. 6,368
(b) "TRANSPORTATION BASE" EQUALS TOTAL STUDENT COUNT AS 6,370
DEFINED IN SECTION 3301.011 OF THE REVISED CODE, MINUS THE NUMBER 6,371
OF STUDENTS ENROLLED IN PRESCHOOL HANDICAPPED UNITS, PLUS THE 6,372
NUMBER OF NONPUBLIC SCHOOL STUDENTS INCLUDED IN TRANSPORTATION 6,373
ADM.
(c) "TRANSPORTED STUDENT PERCENTAGE" EQUALS TRANSPORTATION 6,375
ADM DIVIDED BY TRANSPORTATION BASE. 6,376
(d) "TRANSPORTATION COST PER STUDENT" EQUALS TOTAL 6,378
OPERATING COSTS FOR BOARD-OWNED OR CONTRACTOR-OPERATED SCHOOL 6,379
BUSES DIVIDED BY TRANSPORTATION BASE. 6,380
(2) ANALYSIS OF STUDENT TRANSPORTATION COST DATA HAS 6,382
RESULTED IN A FINDING THAT AN AVERAGE EFFICIENT TRANSPORTATION 6,383
USE COST PER STUDENT CAN BE CALCULATED BY MEANS OF A REGRESSION 6,384
FORMULA THAT HAS AS ITS TWO INDEPENDENT VARIABLES THE NUMBER OF 6,385
DAILY BUS MILES PER STUDENT AND THE TRANSPORTED STUDENT 6,386
PERCENTAGE. FOR FISCAL YEAR 1998 TRANSPORTATION COST DATA, THE 6,387
AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IS 6,388
EXPRESSED AS FOLLOWS:
51.79027 + (139.62626 X DAILY BUS MILES PER STUDENT) + 6,390
(116.25573 X TRANSPORTED STUDENT PERCENTAGE) 6,391
THE DEPARTMENT OF EDUCATION SHALL ANNUALLY DETERMINE THE 6,393
AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IN 6,394
ACCORDANCE WITH THE PRINCIPLES STATED IN DIVISION (D)(2) OF THIS 6,395
SECTION, UPDATING THE INTERCEPT AND REGRESSION COEFFICIENTS OF 6,396
THE REGRESSION FORMULA MODELED IN THIS DIVISION, BASED ON AN 6,397
ANNUAL STATEWIDE ANALYSIS OF EACH SCHOOL DISTRICT'S DAILY BUS 6,398
MILES PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, AND 6,399
TRANSPORTATION COST PER STUDENT DATA. THE DEPARTMENT SHALL 6,400
CONDUCT THE ANNUAL UPDATE USING DATA, INCLUDING DAILY BUS MILES 6,401
PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, AND TRANSPORTATION 6,402
143
COST PER STUDENT DATA, FROM THE PRIOR FISCAL YEAR. THE 6,403
DEPARTMENT SHALL NOTIFY THE OFFICE OF BUDGET AND MANAGEMENT OF
SUCH UPDATE BY THE FIFTEENTH DAY OF FEBRUARY OF EACH YEAR. 6,404
(3) In addition to funds paid under divisions (A) and, 6,407
(C), AND (E) of this section, each district WITH A TRANSPORTED 6,408
STUDENT PERCENTAGE GREATER THAN ZERO shall receive a payment 6,409
equal to sixty per cent A PERCENTAGE of THE PRODUCT OF the 6,410
district's transportation ADM BASE FROM THE PRIOR FISCAL YEAR 6,411
times the district's most ANNUALLY UPDATED AVERAGE efficient 6,413
transportation use cost per transported student, TIMES AN 6,414
INFLATION FACTOR OF TWO AND EIGHT TENTHS PER CENT TO ACCOUNT FOR 6,415
THE ONE-YEAR DIFFERENCE BETWEEN THE DATA USED IN UPDATING THE 6,416
FORMULA AND CALCULATING THE PAYMENT AND THE YEAR IN WHICH THE 6,417
PAYMENT IS MADE. The percentage shall be the following 6,420
percentage of that product specified for
(3) In fiscal years 1999 through 2002, notwithstanding the 6,422
amount calculated for each district under division (D)(2) of this 6,423
section, each district shall receive in the corresponding fiscal 6,424
year the following percentage of the district's transportation 6,426
ADM times the district's most efficient transportation use cost 6,427
per transported student:
FISCAL YEAR PERCENTAGE 6,429
1999 50% 6,430
2000 52.5% 6,431
2001 55% 6,432
2002 57.5% 6,433
2003 AND THEREAFTER 60% 6,434
THE PAYMENTS MADE UNDER DIVISION (D)(3) OF THIS SECTION 6,437
EACH YEAR SHALL BE CALCULATED BASED ON ALL OF THE SAME PRIOR 6,438
YEAR'S DATA USED TO UPDATE THE FORMULA. 6,439
(4) For purposes of funding the student transportation 6,442
portion, the department of education shall determine the most 6,443
efficient transportation use cost per transported student for 6,445
each school district. This cost per student shall be an amount 6,447
144
equal to the number ten to a power calculated in accordance with 6,448
the following formula:
(-0.413148 X log density) + 2.493129 6,449
(5) The department of education shall annually update the 6,452
most efficient transportation use cost per transported student 6,453
for each district in accordance with the formula in division 6,455
(D)(4) of this section, including the figures and log density 6,457
component of that formula, based on an annual statewide analysis 6,458
of each district's transportation ADM per linear mile, and shall 6,461
notify the office of budget and management of such update by 6,462
September of every year. 6,463
The department of education shall use the most recent 6,465
available data as of the first day of July of each year to 6,467
complete the annual update. The department shall apply a 2.8 per 6,468
cent inflation cost adjustment factor for each fiscal year since 6,470
the fiscal year for which the data applies to adjust the amount 6,471
calculated for each district under division (D)(2) or (3) of this 6,472
section to the current fiscal year level.
NOTWITHSTANDING DIVISIONS (D)(2) AND (3) OF THIS SECTION, 6,475
IN FISCAL YEAR 2000, EACH SCHOOL DISTRICT SHALL RECEIVE THE 6,476
GREATER OF THE AMOUNT CALCULATED FOR IT UNDER THOSE DIVISIONS OR 6,477
THE AMOUNT THE DISTRICT RECEIVED IN FISCAL YEAR 1999 UNDER 6,478
DIVISIONS (D)(2) TO (4) OF THE VERSION OF THIS SECTION IN EFFECT 6,479
FOR THAT FISCAL YEAR AND DIVISION (B) OF SECTION 20 OF AM. SUB. 6,481
H.B. 650 OF THE 122nd GENERAL ASSEMBLY. 6,483
(5) IN ADDITION TO FUNDS PAID UNDER DIVISIONS (D)(2) TO 6,485
(4) OF THIS SECTION, A SCHOOL DISTRICT SHALL RECEIVE A ROUGH ROAD 6,486
SUBSIDY IF BOTH OF THE FOLLOWING APPLY: 6,487
(a) ITS COUNTY ROUGH ROAD PERCENTAGE IS HIGHER THAN THE 6,489
STATEWIDE ROUGH ROAD PERCENTAGE, AS THOSE TERMS ARE DEFINED IN 6,490
DIVISION (D)(6) OF THIS SECTION; 6,491
(b) ITS DISTRICT STUDENT DENSITY IS LOWER THAN THE 6,494
STATEWIDE STUDENT DENSITY, AS THOSE TERMS ARE DEFINED IN THAT 6,495
DIVISION.
145
(6) THE ROUGH ROAD SUBSIDY PAID TO EACH DISTRICT MEETING 6,497
THE QUALIFICATIONS OF DIVISION (D)(5) OF THIS SECTION SHALL BE 6,498
CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA: 6,499
(PER ROUGH MILE SUBSIDY X TOTAL ROUGH ROAD MILES) X 6,502
DENSITY MULTIPLIER 6,503
WHERE: 6,505
(a) "PER ROUGH MILE SUBSIDY" EQUALS THE AMOUNT CALCULATED 6,507
IN ACCORDANCE WITH THE FOLLOWING FORMULA: 6,508
0.75 - §0.75 X [(MAXIMUM ROUGH ROAD PERCENTAGE - COUNTY 6,511
ROUGH ROAD PERCENTAGE)/(MAXIMUM ROUGH ROAD PERCENTAGE - 6,512
STATEWIDE ROUGH ROAD PERCENTAGE)< 6,513
(i) "MAXIMUM ROUGH ROAD PERCENTAGE" MEANS THE HIGHEST 6,515
COUNTY ROUGH ROAD PERCENTAGE IN THE STATE. 6,516
(ii) "COUNTY ROUGH ROAD PERCENTAGE" EQUALS THE PERCENTAGE 6,518
OF THE MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS 6,519
THAT IS RATED BY THE DEPARTMENT OF TRANSPORTATION AS TYPE A, B, 6,521
C, E2, OR F IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED 6,522
OR, IF THE DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 6,523
COUNTY TO WHICH IT IS ASSIGNED FOR PURPOSES OF DETERMINING ITS 6,524
COST-OF-DOING-BUSINESS FACTOR. 6,525
(iii) "STATEWIDE ROUGH ROAD PERCENTAGE" MEANS THE 6,527
PERCENTAGE OF THE STATEWIDE TOTAL MILEAGE OF STATE, MUNICIPAL, 6,528
COUNTY, AND TOWNSHIP ROADS THAT IS RATED AS TYPE A, B, C, E2, OR 6,529
F BY THE DEPARTMENT OF TRANSPORTATION. 6,530
(b) "TOTAL ROUGH ROAD MILES" MEANS A SCHOOL DISTRICT'S 6,532
TOTAL BUS MILES TRAVELED IN ONE YEAR TIMES ITS COUNTY ROUGH ROAD 6,533
PERCENTAGE.
(c) "DENSITY MULTIPLIER" MEANS A FIGURE CALCULATED IN 6,535
ACCORDANCE WITH THE FOLLOWING FORMULA: 6,536
1 - [(MINIMUM STUDENT DENSITY - DISTRICT STUDENT 6,538
DENSITY)/(MINIMUM STUDENT DENSITY - 6,539
STATEWIDE STUDENT DENSITY)< 6,540
(i) "MINIMUM STUDENT DENSITY" MEANS THE LOWEST DISTRICT 6,542
STUDENT DENSITY IN THE STATE. 6,543
146
(ii) "DISTRICT STUDENT DENSITY" MEANS A SCHOOL DISTRICT'S 6,545
TRANSPORTATION BASE DIVIDED BY THE NUMBER OF SQUARE MILES IN THE 6,546
DISTRICT. 6,547
(iii) "STATEWIDE STUDENT DENSITY" MEANS THE SUM OF THE 6,549
TRANSPORTATION BASES FOR ALL SCHOOL DISTRICTS DIVIDED BY THE SUM 6,550
OF THE SQUARE MILES IN ALL SCHOOL DISTRICTS. 6,551
(7) In addition to funds paid under division DIVISIONS 6,553
(D)(2) or (3) TO (6) of this section, each district shall receive 6,555
in accordance with rules adopted by the state board of education
a payment for students transported by means other than 6,557
board-owned or contractor-operated buses and whose transportation 6,558
is not funded under division (J) of section 3317.024 of the 6,559
Revised Code. The rules shall include provisions for school 6,560
district reporting of such students.
(E)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 6,562
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 6,564
SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA: 6,565
STATE SHARE PERCENTAGE X 6,566
THE FORMULA AMOUNT X 6,567
TOTAL VOCATIONAL EDUCATION WEIGHT 6,568
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 6,570
DIVISION (E)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR 6,571
THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 6,572
VOCATIONAL EDUCATION EXPENSES. 6,573
(2) THE DEPARTMENT SHALL COMPUTE FOR EACH SCHOOL DISTRICT 6,576
STATE FUNDS FOR VOCATIONAL EDUCATION ASSOCIATED SERVICES IN
ACCORDANCE WITH THE FOLLOWING FORMULA: 6,577
STATE SHARE PERCENTAGE X .05 X THE FORMULA AMOUNT X THE SUM OF 6,580
CATEGORIES ONE AND TWO VOCATIONAL EDUCATION ADM 6,583
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 6,585
DIVISION (E)(2) OF THIS SECTION, OR THROUGH A TRANSFER OF FUNDS 6,586
PURSUANT TO DIVISION (L) OF SECTION 3317.023 OF THE REVISED CODE, 6,587
SHALL SPEND THOSE FUNDS ONLY FOR THE PURPOSES THAT THE DEPARTMENT 6,589
DESIGNATES AS APPROVED FOR VOCATIONAL EDUCATION ASSOCIATED 6,590
147
SERVICES EXPENSES, WHICH MAY INCLUDE SUCH PURPOSES AS 6,591
APPRENTICESHIP COORDINATORS, COORDINATORS FOR OTHER VOCATIONAL 6,592
EDUCATION SERVICES, VOCATIONAL EVALUATION, AND OTHER PURPOSES 6,593
DESIGNATED BY THE DEPARTMENT. THE DEPARTMENT MAY DENY PAYMENT 6,594
UNDER DIVISION (E)(2) OF THIS SECTION TO ANY DISTRICT THAT THE 6,595
DEPARTMENT DETERMINES IS NOT OPERATING THOSE SERVICES OR IS USING 6,596
FUNDS PAID UNDER DIVISION (E)(2) OF THIS SECTION, OR THROUGH A 6,597
TRANSFER OF FUNDS PURSUANT TO DIVISION (L) OF SECTION 3317.023 OF 6,598
THE REVISED CODE, FOR OTHER PURPOSES. 6,599
IN FISCAL YEARS 2000 AND 2001, EACH SCHOOL DISTRICT SHALL 6,601
CONTINUE TO OFFER THE SAME NUMBER OF THE VOCATIONAL EDUCATION 6,602
PROGRAMS THAT THE DISTRICT OFFERED IN FISCAL YEAR 1999, UNLESS 6,603
THE DEPARTMENT OF EDUCATION EXPRESSLY AGREES THAT THE DISTRICT 6,604
MAY OFFER FEWER PROGRAMS IN EITHER FISCAL YEAR 2000 OR 2001 OR 6,606
BOTH.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 6,615
the Revised Code, the amounts required to be paid to a district 6,616
under this chapter shall be adjusted by the amount of the 6,618
computations made under divisions (B) to (K) of this section. 6,619
As used in this section: 6,621
(1) "Classroom teacher" means a licensed employee who 6,623
provides direct instruction to pupils, excluding teachers funded 6,624
from money paid to the district from federal sources; educational 6,625
service personnel; and vocational and special education teachers. 6,626
(2) "Educational service personnel" shall not include such 6,628
specialists funded from money paid to the district from federal 6,629
sources or assigned full-time to vocational or special education 6,630
students and classes and may only include those persons employed 6,631
in the eight specialist areas in a pattern approved by the 6,632
department of education under guidelines established by the state 6,633
board of education. 6,634
(3) "Annual salary" means the annual base salary stated in 6,636
the state minimum salary schedule for the performance of the 6,637
teacher's regular teaching duties that the teacher earns for 6,638
148
services rendered for the first full week of October of the 6,639
fiscal year for which the adjustment is made under division (C) 6,641
of this section. It shall not include any salary payments for
supplemental teachers contracts. 6,642
(4) "Regular student population" means the formula ADM 6,644
plus the number of students reported as enrolled in the district 6,645
pursuant to division (A)(1) of section 3313.981 of the Revised 6,646
Code; minus the number of students reported under disvision 6,648
DIVISION (A)(2) of section 3317.03 of the Revised Code; minus the 6,649
FTE of students reported under division (B)(5), (6), (7), or (8), 6,650
OR (9) of that section who are enrolled in a vocational education 6,652
class or receiving special education; and minus one-fourth of the 6,653
students enrolled concurrently in a joint vocational school 6,654
district.
(5) "STATE SHARE PERCENTAGE" HAS THE SAME MEANING AS IN 6,656
SECTION 3317.022 OF THE REVISED CODE. 6,657
(6) "VEPD" MEANS A SCHOOL DISTRICT OR GROUP OF SCHOOL 6,659
DISTRICTS DESIGNATED BY THE DEPARTMENT OF EDUCATION AS BEING 6,660
RESPONSIBLE FOR THE PLANNING FOR AND PROVISION OF VOCATIONAL 6,661
EDUCATION SERVICES TO STUDENTS WITHIN THE DISTRICT OR GROUP. 6,662
(7) "LEAD DISTRICT" MEANS A SCHOOL DISTRICT, INCLUDING A 6,664
JOINT VOCATIONAL SCHOOL DISTRICT, DESIGNATED BY THE DEPARTMENT AS 6,665
A VEPD, OR DESIGNATED TO PROVIDE PRIMARY VOCATIONAL EDUCATION 6,666
LEADERSHIP WITHIN A VEPD COMPOSED OF A GROUP OF DISTRICTS. 6,667
(B) If the district employs less than one full-time 6,669
equivalent classroom teacher for each twenty-five pupils in the 6,671
regular student population in any school district, deduct the sum
of the amounts obtained from the following computations: 6,673
(1) Divide the number of the district's full-time 6,675
equivalent classroom teachers employed by one twenty-fifth; 6,676
(2) Subtract the quotient in (1) from the district's 6,678
regular student population; 6,679
(3) Multiply the difference in (2) by seven hundred 6,681
fifty-two dollars. 6,682
149
(C) If a positive amount, add one-half of the amount 6,684
obtained by multiplying the number of full-time equivalent 6,685
classroom teachers by: 6,686
(1) The mean annual salary of all full-time equivalent 6,688
classroom teachers employed by the district at their respective 6,689
training and experience levels minus; 6,690
(2) The mean annual salary of all such teachers at their 6,692
respective levels in all school districts receiving payments 6,693
under this section. 6,694
The number of full-time equivalent classroom teachers used 6,696
in this computation shall not exceed one twenty-fifth of the 6,697
district's regular student population. In calculating the 6,699
district's mean salary under this division, those full-time 6,700
equivalent classroom teachers with the highest training level 6,701
shall be counted first, those with the next highest training 6,702
level second, and so on, in descending order. Within the 6,703
respective training levels, teachers with the highest years of 6,704
service shall be counted first, the next highest years of service 6,705
second, and so on, in descending order.
(D) This division does not apply to a school district that 6,707
has entered into an agreement under division (A) of section 6,708
3313.42 of the Revised Code. Deduct the amount obtained from the 6,709
following computations if the district employs fewer than five 6,710
full-time equivalent educational service personnel, including 6,711
elementary school art, music, and physical education teachers, 6,712
counselors, librarians, visiting teachers, school social workers, 6,713
and school nurses for each one thousand pupils in the regular 6,715
student population: 6,716
(1) Divide the number of full-time equivalent educational 6,718
service personnel employed by the district by five 6,719
one-thousandths; 6,720
(2) Subtract the quotient in (1) from the district's 6,722
regular student population; 6,723
(3) Multiply the difference in (2) by ninety-four dollars. 6,725
150
(E) If a local school district, or a city or exempted 6,727
village school district to which a governing board of an 6,729
educational service center provides services pursuant to section 6,730
3313.843 of the Revised Code, deduct the amount of the payment 6,731
required for the reimbursement of the governing board under 6,732
section 3317.11 of the Revised Code. 6,733
(F)(1) If the district is required to pay to or entitled 6,735
to receive tuition from another school district under division 6,736
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 6,737
Revised Code, or if the superintendent of public instruction is 6,738
required to determine the correct amount of tuition and make a 6,739
deduction or credit under section 3317.08 of the Revised Code, 6,740
deduct and credit such amounts as provided in division (I) of 6,741
section 3313.64 or section 3317.08 of the Revised Code. 6,742
(2) For each child for whom the district is responsible 6,744
for tuition or payment under division (A)(1) of section 3317.082 6,745
or section 3323.091 of the Revised Code, deduct the amount of 6,747
tuition or payment for which the district is responsible.
(G) If the district has been certified by the 6,749
superintendent of public instruction under section 3313.90 of the 6,750
Revised Code as not in compliance with the requirements of that 6,751
section, deduct an amount equal to ten per cent of the amount 6,752
computed for the district under section 3317.022 of the Revised 6,753
Code. 6,754
(H) If the district has received a loan from a commercial 6,757
lending institution for which payments are made by the 6,758
superintendent of public instruction pursuant to division (E)(3) 6,759
of section 3313.483 of the Revised Code, deduct an amount equal 6,760
to such payments. 6,761
(I)(1) If the district is a party to an agreement entered 6,763
into under division (D), (E), or (F) of section 3311.06 or 6,764
division (B) of section 3311.24 of the Revised Code and is 6,765
obligated to make payments to another district under such an 6,766
agreement, deduct an amount equal to such payments if the 6,767
151
district school board notifies the department in writing that it 6,768
wishes to have such payments deducted. 6,769
(2) If the district is entitled to receive payments from 6,771
another district that has notified the department to deduct such 6,772
payments under division (I)(1) of this section, add the amount of 6,774
such payments. 6,775
(J) If the district is required to pay an amount of funds 6,777
to a cooperative education district pursuant to a provision 6,778
described by division (B)(4) of section 3311.52 or division 6,779
(B)(8) of section 3311.521 of the Revised Code, deduct such 6,780
amounts as provided under that provision and credit those amounts 6,781
to the cooperative education district for payment to the district 6,782
under division (B)(1) of section 3317.19 of the Revised Code. 6,783
(K)(1) If a district is educating a student entitled to 6,785
attend school in another district pursuant to a shared education 6,786
contract, compact, or cooperative education agreement other than 6,787
an agreement entered into pursuant to section 3313.842 of the 6,788
Revised Code, credit to that educating district on an FTE basis 6,789
both of the following:
(a) An amount equal to the formula amount times the cost 6,791
of doing business factor of the school district where the student 6,792
is entitled to attend school pursuant to section 3313.64 or 6,793
3313.65 of the Revised Code; 6,794
(b) An amount equal to the formula amount times the state 6,796
share percentage times any multiple applicable to the student 6,797
pursuant to section 3317.013 OR 3317.014 of the Revised Code. 6,798
(2) Deduct any amount credited pursuant to division (K)(1) 6,800
of this section from amounts paid to the school district in which 6,801
the student is entitled to attend school pursuant to section 6,802
3313.64 or 3313.65 of the Revised Code. 6,803
(3) If the district is required by a shared education 6,805
contract, compact, or cooperative education agreement to make 6,806
payments to an educational service center, deduct the amounts 6,807
from payments to the district and add them to the amounts paid to 6,808
152
the service center pursuant to section 3317.11 of the Revised
Code. 6,809
(L)(1) IF A DISTRICT, INCLUDING A JOINT VOCATIONAL SCHOOL 6,811
DISTRICT, IS A LEAD DISTRICT OF A VEPD, CREDIT TO THAT DISTRICT 6,812
THE AMOUNTS CALCULATED FOR ALL THE SCHOOL DISTRICTS WITHIN THAT 6,813
VEPD PURSUANT TO DIVISION (E)(2) OF SECTION 3317.022 OF THE 6,815
REVISED CODE.
(2) DEDUCT FROM EACH APPROPRIATE DISTRICT THAT IS NOT A 6,817
LEAD DISTRICT, THE AMOUNT ATTRIBUTABLE TO THAT DISTRICT THAT IS 6,818
CREDITED TO A LEAD DISTRICT UNDER DIVISION (L)(1) OF THIS 6,819
SECTION.
Sec. 3317.024. In addition to the moneys paid to eligible 6,828
school districts pursuant to section 3317.022 of the Revised 6,830
Code, moneys appropriated for the education programs in divisions 6,831
(A) to (H), (J) to (L), (O), and (P), AND (R) of this section 6,834
shall be distributed to school districts meeting the requirements 6,835
of section 3317.01 of the Revised Code; in the case of divisions 6,836
(I) and (J) and, in fiscal year 1999 only, division (P)(1) of 6,837
this section, to educational service centers as provided in 6,838
section 3317.11 of the Revised Code; in the case of divisions 6,839
(E), (M), and (N) of this section, to county MR/DD boards; in the 6,841
case of division (I) (R) of this section, to joint vocational and 6,843
cooperative education school districts; in the case of division 6,844
(K) of this section, to cooperative education school districts; 6,845
and in the case of division (Q) of this section, to the 6,846
institutions defined under section 3317.082 of the Revised Code 6,847
providing elementary or secondary education programs to children
other than children receiving special education under section 6,848
3323.091 of the Revised Code. The following shall be distributed 6,849
monthly, quarterly, or annually as may be determined by the state 6,850
board of education:
(A) A per pupil amount to each school district that 6,852
establishes a summer school remediation program that complies 6,853
with rules of the state board of education. 6,854
153
(B) An amount for each island school district and each 6,856
joint state school district for the operation of each high school 6,857
and each elementary school maintained within such district and 6,858
for capital improvements for such schools. Such amounts shall be 6,859
determined on the basis of standards adopted by the state board 6,860
of education. 6,861
(C) An amount for each school district operating classes 6,863
for children of migrant workers who are unable to be in 6,864
attendance in an Ohio school during the entire regular school 6,865
year. The amounts shall be determined on the basis of standards 6,866
adopted by the state board of education, except that payment 6,867
shall be made only for subjects regularly offered by the school 6,868
district providing the classes. 6,869
(D) An amount for each school district with guidance, 6,871
testing, and counseling programs approved by the state board of 6,872
education. The amount shall be determined on the basis of 6,873
standards adopted by the state board of education. 6,874
(E) An amount for the emergency purchase of school buses 6,876
as provided for in section 3317.07 of the Revised Code; 6,877
(F) An amount for each school district required to pay 6,879
tuition for a child in an institution maintained by the 6,880
department of youth services pursuant to section 3317.082 of the 6,881
Revised Code, provided the child was not included in the 6,883
calculation of the district's average daily membership for the 6,884
preceding school year.
(G) An IN FISCAL YEAR 2000 ONLY, AN amount to each school 6,886
district for supplemental salary allowances for each licensed 6,887
employee except those licensees serving as superintendents, 6,888
assistant superintendents, principals, or assistant principals, 6,889
whose term of service in any year is extended beyond the term of 6,890
service of regular classroom teachers, as described in section 6,891
3301.0725 of the Revised Code; 6,892
(H) An amount for adult basic literacy education for each 6,894
district participating in programs approved by the state board of 6,895
154
education. The amount shall be determined on the basis of 6,896
standards adopted by the state board of education. 6,897
(I) Notwithstanding section 3317.01 of the Revised Code, 6,899
BUT ONLY UNTIL JUNE 30, 1999, to each city, local, and exempted 6,901
village school district, an amount pursuant to section 3301.17 of 6,902
the Revised Code for conducting driver education courses at high 6,903
schools for which the state board of education prescribes minimum 6,904
standards and to joint vocational and cooperative education 6,905
school districts and educational service centers, an amount 6,906
pursuant to such section for conducting driver education courses 6,908
to pupils enrolled in a high school for which the state board 6,909
prescribes minimum standards;. NO PAYMENTS SHALL BE MADE UNDER 6,910
THIS DIVISION AFTER JUNE 30, 1999.
(J) An amount for the approved cost of transporting 6,912
developmentally handicapped pupils whom it is impossible or 6,913
impractical to transport by regular school bus in the course of 6,914
regular route transportation provided by the district or service 6,915
center. No district or service center is eligible to receive a 6,916
payment under this division for the cost of transporting any 6,918
pupil whom it transports by regular school bus and who is 6,919
included in the district's transportation ADM. The state board 6,920
of education shall establish standards and guidelines for use by 6,921
the department of education in determining the approved cost of 6,922
such transportation for each district or service center. 6,923
(K) An amount to each school district, including each 6,925
cooperative education school district, pursuant to section 6,926
3313.81 of the Revised Code to assist in providing free lunches 6,927
to needy children and an amount to assist needy school districts 6,928
in purchasing necessary equipment for food preparation. The 6,929
amounts shall be determined on the basis of rules adopted by the 6,930
state board of education. 6,931
(L) An amount to each school district, for each pupil 6,933
attending a chartered nonpublic elementary or high school within 6,934
the district. The amount shall equal the amount appropriated for 6,935
155
the implementation of section 3317.06 of the Revised Code divided 6,936
by the average daily membership in grades kindergarten through 6,937
twelve in nonpublic elementary and high schools within the state 6,938
as determined during the first full week in October of each 6,939
school year. 6,940
(M) An amount for each county MR/DD board, distributed on 6,943
the basis of standards adopted by the state board of education, 6,944
for the approved cost of transportation required for children 6,945
attending special education programs operated by the county MR/DD 6,946
board under section 3323.09 of the Revised Code; 6,947
(N) An amount for each county MR/DD board, distributed on 6,950
the basis of standards adopted by the state board of education, 6,951
for supportive home services for preschool children; 6,952
(O) An amount for each school district that establishes a 6,954
mentor teacher program that complies with rules of the state 6,955
board of education. No school district shall be required to 6,956
establish or maintain such a program in any year unless 6,957
sufficient funds are appropriated to cover the district's total 6,958
costs for the program.
(P)(1) For fiscal year 1999 only, an AN amount to each 6,961
school district or educational service center for the total 6,962
number of gifted units approved pursuant to section 3317.05 of 6,963
the Revised Code. The amount for each such unit shall be the sum 6,964
of the minimum salary for the teacher of the unit, calculated on 6,965
the basis of the teacher's training level and years of experience 6,966
pursuant to section 3317.13 of the Revised Code, plus fifteen per 6,967
cent of that minimum salary amount, plus two thousand six hundred 6,968
seventy-eight dollars. 6,969
(2) The general assembly intends to begin a review and 6,971
revision of the funding formula for gifted education services in 6,973
1999. The analysis and any resulting calculations shall be based 6,975
upon a rational methodology for calculating the cost of adequate
gifted education services. The analysis shall use data generated 6,976
by a study funded through the department of education. 6,977
156
(Q) An amount to each institution defined under section 6,980
3317.082 of the Revised Code providing elementary or secondary 6,982
education to children other than children receiving special 6,983
education under section 3323.091 of the Revised Code. This 6,984
amount for any institution in any fiscal year shall equal the 6,985
total of all tuition amounts required to be paid to the 6,986
institution under division (A)(1) of section 3317.082 of the 6,988
Revised Code.
(R) A GRANT TO EACH SCHOOL DISTRICT AND JOINT VOCATIONAL 6,990
SCHOOL DISTRICT THAT OPERATES A "GRADUATION, REALITY, AND 6,991
DUAL-ROLE SKILLS" (GRADS) PROGRAM FOR PREGNANT AND PARENTING 6,992
STUDENTS THAT IS APPROVED BY THE DEPARTMENT. THE AMOUNT OF THE 6,993
PAYMENT SHALL BE THE DISTRICT'S STATE SHARE PERCENTAGE, AS 6,995
DEFINED IN SECTION 3317.022 OR 3317.16 OF THE REVISED CODE, TIMES 6,996
THE GRADS PERSONNEL ALLOWANCE TIMES THE FULL-TIME-EQUIVALENT 6,997
NUMBER OF GRADS TEACHERS APPROVED BY THE DEPARTMENT. THE GRADS 6,998
PERSONNEL ALLOWANCE IS $45,000 IN FISCAL YEAR 2000 AND $46,260 IN 6,999
FISCAL YEAR 2001. 7,000
The state board of education or any other board of 7,002
education or governing board may provide for any resident of a 7,003
district or educational service center territory any educational 7,005
service for which funds are made available to the board by the 7,006
United States under the authority of public law, whether such 7,007
funds come directly or indirectly from the United States or any 7,008
agency or department thereof or through the state or any agency, 7,009
department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section: 7,018
(1) "DPIA percentage" means the quotient obtained by 7,021
dividing the five-year average number of children ages five to 7,022
seventeen residing in the school district and living in a family 7,023
receiving family assistance, as certified or adjusted under 7,024
section 3317.10 of the Revised Code, by the district's three-year 7,025
average formula ADM.
(2) "Family assistance" means assistance received under 7,027
157
the Ohio works first program or, for the purpose of determining 7,029
the five-year average number of recipients of family assistance 7,030
in fiscal years 1999 through 2002, assistance received under an 7,031
antecedent program known as TANF or ADC. 7,032
(3) "Statewide DPIA percentage" means the five-year 7,035
average of the total number of children ages five to seventeen 7,036
years residing in the state and receiving family assistance, 7,037
divided by the sum of the three-year average formula ADMs for all 7,039
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 7,042
the school district's DPIA percentage by the statewide DPIA 7,044
percentage.
(5) "Kindergarten ADM" means the number of students 7,047
reported under section 3317.03 of the Revised Code as enrolled in 7,048
kindergarten. 7,049
(6) "Kindergarten through third grade ADM" means the 7,052
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 7,055
the all-day kindergarten percentage; 7,056
(b) Add the number of students in grades one through 7,058
three;
(c) Subtract from the sum calculated under division 7,060
(A)(6)(b) of this section the number of special education 7,062
students in grades kindergarten through three. 7,063
(7) "Statewide average teacher salary" means thirty-nine 7,065
thousand ninety-two FORTY THOUSAND ONE HUNDRED EIGHTY-SEVEN 7,066
DOLLARS IN FISCAL YEAR 2000, AND FORTY-ONE THOUSAND THREE HUNDRED 7,067
TWELVE dollars IN FISCAL YEAR 2001, which includes an amount for 7,068
the value of fringe benefits. 7,069
(8) "All-day kindergarten" means a kindergarten class that 7,072
is in session five days per week for not less than the same 7,073
number of clock hours each day as for pupils in grades one 7,074
through six.
(9) "All-day kindergarten percentage" means the percentage 7,076
158
of a district's actual total number of students enrolled in 7,077
kindergarten who are enrolled in all-day kindergarten. 7,078
(10) "Buildings with the highest concentration of need" 7,080
means the school buildings in a district with percentages of 7,082
students receiving family assistance in grades kindergarten 7,083
through three at least as high as the district-wide percentage of 7,084
students receiving family assistance. If, however, the 7,085
information provided by the department of human services under 7,086
section 3317.10 of the Revised Code is insufficient to determine 7,089
the family assistance percentage in each building, "buildings 7,090
with the highest concentration of need" has the meaning given in 7,091
rules that the department of education shall adopt. The rules 7,092
shall base the definition of "buildings with the highest 7,093
concentration of need" on family income of students in grades 7,094
kindergarten through three in a manner that, to the extent
possible with available data, approximates the intent of this 7,095
division and division (G) of this section to designate buildings 7,097
where the family assistance percentage in those grades equals or 7,098
exceeds the district-wide family assistance percentage. 7,099
(B) In addition to the amounts required to be paid to a 7,102
school district under section 3317.022 of the Revised Code, a 7,103
school district shall receive the greater of the amount the 7,104
district received in fiscal year 1998 pursuant to division (B) of 7,105
section 3317.023 of the Revised Code as it existed at that time 7,107
or the sum of the computations made under divisions (C) to (E) of 7,108
this section.
(C) A supplemental payment that may be utilized for 7,110
measures related to safety and security and for remediation or 7,111
similar programs, calculated as follows: 7,112
(1) If the DPIA index of the school district is greater 7,115
than or equal to thirty-five-hundredths, but less than one, an 7,116
amount obtained by multiplying the five-year average number of 7,117
pupils in a district receiving family assistance by two hundred 7,118
thirty dollars; 7,119
159
(2) If the DPIA index of the school district is greater 7,122
than or equal to one, an amount obtained by multiplying the DPIA 7,124
index by two hundred thirty dollars and multiplying that product 7,125
by the five-year average number of pupils in a district receiving 7,126
family assistance. 7,127
(D) A payment for all-day kindergarten if the DPIA index 7,130
of the school district is greater than or equal to one or if the 7,131
district's three-year average formula ADM exceeded seventeen 7,132
thousand five hundred, calculated by multiplying the all-day 7,133
kindergarten percentage by the kindergarten ADM and multiplying 7,134
that product by the formula amount. 7,135
(E) A class-size reduction payment based on calculating 7,138
the number of new teachers necessary to achieve a lower 7,139
student-teacher ratio, as follows: 7,140
(1) Determine or calculate a formula number of teachers 7,142
per one thousand students based on the DPIA index of the school 7,144
district as follows: 7,145
(a) If the DPIA index of the school district is less than 7,148
six-tenths, the formula number of teachers is 43.478, which is 7,149
the number of teachers per one thousand students at a 7,150
student-teacher ratio of twenty-three to one; 7,151
(b) If the DPIA index of the school district is greater 7,154
than or equal to six-tenths, but less than two and one-half, the 7,155
formula number of teachers is calculated as follows: 7,156
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 7,158
Where 43.478 is the number of teachers per one thousand 7,160
students at a student-teacher ratio of twenty-three to one; 1.9 7,161
is the interval from a DPIA index of six-tenths to a DPIA index 7,164
of two and one-half; and 23.188 is the difference in the number 7,165
of teachers per one thousand students at a student-teacher ratio 7,166
of fifteen to one and the number of teachers per one thousand 7,167
students at a student-teacher ratio of twenty-three to one. 7,169
(c) If the DPIA index of the school district is greater 7,172
than or equal to two and one-half, the formula number of teachers 7,173
160
is 66.667, which is the number of teachers per one thousand 7,174
students at a student-teacher ratio of fifteen to one. 7,175
(2) Multiply the formula number of teachers determined or 7,177
calculated in division (E)(1) of this section by the kindergarten 7,179
through third grade ADM for the district and divide that product 7,180
by one thousand;
(3) Calculate the number of new teachers as follows: 7,182
(a) Multiply the kindergarten through third grade ADM by 7,185
43.478, which is the number of teachers per one thousand students 7,186
at a student-teacher ratio of twenty-three to one, and divide 7,187
that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) 7,190
of this section from the product in division (E)(2) of this 7,191
section.
(4) Multiply the greater of the difference obtained under 7,193
division (E)(3) of this section or zero by the statewide average 7,195
teachers salary.
(F) This division applies only to school districts whose 7,197
DPIA index is one or greater. 7,198
(1) Each school district subject to this division shall 7,200
first utilize funds received under this section so that, when 7,201
combined with other funds of the district, sufficient funds exist 7,202
to provide all-day kindergarten to at least the number of 7,203
children in the district's all-day kindergarten percentage. 7,204
(2) Up to an amount equal to the district's DPIA index 7,206
multiplied by the five-year average number of pupils in a 7,207
district receiving family assistance multiplied by two hundred 7,208
thirty dollars of the money distributed under this section may be 7,210
utilized for one or both of the following: 7,211
(a) Programs designed to ensure that schools are free of 7,214
drugs and violence and have a disciplined environment conducive 7,215
to learning;
(b) Remediation for students who have failed or are in 7,218
danger of failing any of the proficiency tests administered 7,219
161
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) OR (L) OR 7,221
PERMITTED UNDER DIVISION (K) of this section, all other funds 7,223
distributed under this section to districts subject to this 7,224
division shall be utilized for the purpose of the third grade 7,225
guarantee. The third grade guarantee consists of increasing the 7,226
amount of instructional attention received per pupil in 7,227
kindergarten through third grade, either by reducing the ratio of 7,228
students to instructional personnel or by increasing the amount 7,229
of instruction and curriculum-related activities by extending the 7,230
length of the school day or the school year. 7,231
School districts may implement a reduction of the ratio of 7,233
students to instructional personnel through any or all of the 7,234
following methods: 7,235
(a) Reducing the number of students in a classroom taught 7,238
by a single teacher;
(b) Employing full-time educational aides or educational 7,241
paraprofessionals issued a permit or license under section 7,242
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 7,245
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 7,247
the amount of time allocated for each class, increasing the 7,248
number of classes provided per day, offering optional 7,249
academic-related after-school programs, providing 7,250
curriculum-related extra curricular activities, or establishing 7,251
tutoring or remedial services for students who have demonstrated 7,252
an educational need. In accordance with section 3319.089 of the 7,253
Revised Code, a district extending the school day pursuant to 7,255
this division may utilize a participant of the work experience 7,256
program who has a child enrolled in a public school in that 7,257
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 7,258
work experience program participant is compensated, the school 7,259
162
district may use the funds distributed under this section for all 7,260
or part of the compensation.
Districts may extend the school year either through adding 7,262
regular days of instruction to the school calendar or by 7,263
providing summer programs. 7,264
(G) Each district subject to division (F) of this section 7,267
shall not expend any funds received under division (E) of this 7,268
section in any school buildings that are not buildings with the 7,269
highest concentration of need, unless there is a ratio of 7,270
instructional personnel to students of no more than fifteen to 7,271
one in each kindergarten and first grade class in all buildings 7,272
with the highest concentration of need. This EXCEPT AS REQUIRED 7,274
IN DIVISION (L) OF THIS SECTION, THIS division does not require 7,275
that the funds used in buildings with the highest concentration 7,276
of need be spent solely to reduce the ratio of instructional 7,277
personnel to students in kindergarten and first grade. A EXCEPT 7,278
AS REQUIRED IN DIVISION (L) OF THIS SECTION, A school district 7,279
may spend the funds in those buildings in any manner permitted by 7,280
division (F)(3) of this section, but may not spend the money in 7,282
other buildings unless the fifteen-to-one ratio required by this 7,283
division is attained.
(H)(1) By the first day of August of each fiscal year, 7,285
each school district wishing to receive any funds under division 7,286
(D) of this section shall submit to the department of education 7,288
an estimate of its all-day kindergarten percentage. Each 7,290
district shall update its estimate throughout the fiscal year in 7,291
the form and manner required by the department, and the 7,292
department shall adjust payments under this section to reflect 7,293
the updates.
(2) Annually by the end of December, the department of 7,295
education, utilizing data from the information system established 7,297
under section 3301.0714 of the Revised Code and after 7,298
consultation with the legislative office of education oversight, 7,299
shall determine for each school district subject to division (F) 7,300
163
of this section whether in the preceding fiscal year the 7,301
district's ratio of instructional personnel to students and its 7,302
number of kindergarten students receiving all-day kindergarten 7,303
appear reasonable, given the amounts of money the district 7,304
received for that fiscal year pursuant to divisions (D) and (E) 7,305
of this section. If the department is unable to verify from the 7,306
data available that students are receiving reasonable amounts of 7,307
instructional attention and all-day kindergarten, given the funds 7,308
the district has received under this section and that class-size 7,310
reduction funds are being used in school buildings with the 7,311
highest concentration of need as required by division (G) of this 7,312
section AND AS REQUIRED BY DIVISION (L) OF THIS SECTION, the 7,313
department shall conduct a more intensive investigation to ensure 7,315
that funds have been expended as required by this section. The 7,316
department shall file an annual report of its findings under this 7,317
division with the chairpersons of the committees in each house of
the general assembly dealing with finance and education. 7,318
(I) Any school district with a DPIA index less than one 7,320
and a three-year average formula ADM exceeding seventeen thousand 7,323
five hundred shall first utilize funds received under this 7,324
section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at 7,325
least the number of children in the district's all-day 7,326
kindergarten percentage. Such a district shall expend at least 7,327
seventy per cent of the remaining funds received under this 7,328
section, and any other district with a DPIA index less than one 7,330
shall expend at least seventy per cent of all funds received 7,331
under this section, for any of the following purposes: 7,332
(1) The purchase of technology for instructional purposes; 7,335
(2) All-day kindergarten; 7,337
(3) Reduction of class sizes; 7,339
(4) Summer school remediation; 7,341
(5) Dropout prevention programs; 7,343
(6) Guaranteeing that all third graders are ready to 7,346
164
progress to more advanced work;
(7) Summer education and work programs; 7,348
(8) Adolescent pregnancy programs; 7,350
(9) Head start or preschool programs; 7,352
(10) Reading improvement programs described by the 7,355
department of education;
(11) Programs designed to ensure that schools are free of 7,358
drugs and violence and have a disciplined environment conducive 7,359
to learning;
(12) Furnishing, free of charge, materials used in courses 7,362
of instruction, except for the necessary textbooks or electronic 7,363
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families 7,365
participating in Ohio works first in accordance with section 7,366
3313.642 of the Revised Code; 7,367
(13) School breakfasts provided pursuant to section 7,369
3313.813 of the Revised Code. 7,370
Each district shall submit to the department, in such 7,372
format and at such time as the department shall specify, a report 7,373
on the programs for which it expended funds under this division. 7,374
(J) If at any time the superintendent of public 7,376
instruction determines that a school district receiving funds 7,377
under division (D) of this section has enrolled less than the 7,378
all-day kindergarten percentage reported for that fiscal year, 7,380
the superintendent shall withhold from the funds otherwise due 7,381
the district under this section a proportional amount as 7,382
determined by the difference in the certified all-day 7,383
kindergarten percentage and the percentage actually enrolled in 7,384
all-day kindergarten. 7,385
The superintendent shall also withhold an appropriate 7,387
amount of funds otherwise due a district for any other misuse of 7,388
funds not in accordance with this section. 7,389
(K)(1) A DISTRICT MAY USE A PORTION OF THE FUNDS 7,391
CALCULATED FOR IT UNDER DIVISION (D) OF THIS SECTION TO MODIFY OR 7,392
165
PURCHASE CLASSROOM SPACE TO PROVIDE ALL-DAY KINDERGARTEN, IF BOTH 7,393
OF THE FOLLOWING CONDITIONS ARE MET: 7,394
(a) THE DISTRICT CERTIFIES TO THE DEPARTMENT, IN A MANNER 7,396
ACCEPTABLE TO THE DEPARTMENT, THAT IT HAS A SHORTAGE OF SPACE FOR 7,397
PROVIDING ALL-DAY KINDERGARTEN. 7,398
(b) THE DISTRICT PROVIDES ALL-DAY KINDERGARTEN TO THE 7,400
NUMBER OF CHILDREN IN THE ALL-DAY KINDERGARTEN PERCENTAGE IT 7,402
CERTIFIED UNDER THIS SECTION. 7,403
(2) A DISTRICT MAY USE A PORTION OF THE FUNDS DESCRIBED IN 7,405
DIVISION (F)(3) OF THIS SECTION TO MODIFY OR PURCHASE CLASSROOM 7,406
SPACE TO ENABLE IT TO FURTHER REDUCE CLASS SIZE IN GRADES 7,407
KINDERGARTEN THROUGH TWO WITH A GOAL OF ATTAINING CLASS SIZES OF 7,408
FIFTEEN STUDENTS PER LICENSED TEACHER. TO DO SO, THE DISTRICT 7,409
MUST CERTIFY ITS NEED FOR ADDITIONAL SPACE TO THE DEPARTMENT, IN 7,410
A MANNER SATISFACTORY TO THE DEPARTMENT. 7,411
(L) EXCEPT AS PERMITTED BY DIVISION (K)(2) OF THIS 7,413
SECTION, BEGINNING IN FISCAL YEAR 2003, EACH DISTRICT WITH A DPIA 7,414
INDEX OF ONE OR GREATER THAT, IN THE MOST RECENT DETERMINATION 7,415
UNDER SECTION 3302.03 OF THE REVISED CODE, HAS BEEN DECLARED TO 7,416
BE IN A STATE OF ACADEMIC EMERGENCY SHALL SPEND ONE HUNDRED PER 7,417
CENT OF THE REMAINDER OF THE MONEY CALCULATED FOR THE DISTRICT 7,418
UNDER THIS SECTION, AFTER DEDUCTING EXPENDITURES FOR THE PURPOSES 7,419
DESCRIBED IN DIVISIONS (F)(1) AND (2) OF THIS SECTION, 7,420
SPECIFICALLY TO REDUCE THE NUMBER OF STUDENTS IN KINDERGARTEN 7,421
THROUGH SECOND GRADE CLASSROOMS, WITH A GOAL OF ATTAINING A CLASS 7,423
SIZE OF FIFTEEN STUDENTS PER LICENSED TEACHER IN EACH SUCH 7,424
CLASSROOM.
Sec. 3317.0212. Divisions (B) and (C) of this section do 7,433
not apply to a school district with a formula ADM of one hundred 7,435
fifty or less.
(A) As used in this section: 7,437
(1) "Fundamental FY 1997 state aid" or "fundamental FY 7,440
1998 state aid" for a district means the total amount of state 7,441
money received by the district for the applicable fiscal year as 7,443
166
reported on the department of education's form "SF-12," adjusted 7,444
as follows: 7,445
(a) Minus the amount for transportation; 7,447
(b) Minus any amounts for approved preschool handicapped 7,450
units;
(c) Minus any additional amount attributable to the 7,453
reappraisal guarantee of division (C) of section 3317.04 of the 7,454
Revised Code; 7,455
(d) Plus the amount deducted for payments to an 7,457
educational service center; 7,458
(e) Plus an estimated portion of the state money 7,460
distributed in the applicable fiscal year to other school 7,461
districts or educational service centers for approved units, 7,462
other than preschool handicapped or gifted education units, 7,463
attributable to the costs of providing services in those units to 7,465
students entitled to attend school in the district;
(f) Minus an estimated portion of the state money 7,467
distributed to the school district in the applicable fiscal year 7,468
for approved units, other than preschool handicapped units or 7,469
gifted education units, attributable to the costs of providing 7,470
services in those units to students entitled to attend school in 7,471
another school district; 7,472
(g) Plus any additional amount paid in the applicable 7,475
fiscal year pursuant to the vocational education recomputation 7,476
required by Section 45.12 of Amended Substitute House Bill No.
117 of the 121st general assembly or former Section 50.22 of 7,477
Amended Substitute House Bill No. 215 of the 122nd general 7,478
assembly;
(h) Plus any additional amount paid in the applicable 7,481
fiscal year pursuant to the special education recomputation 7,482
required by former division (I) of section 3317.023 of the
Revised Code; 7,483
(i) Plus any amount paid for equity aid in the applicable 7,486
fiscal year under section 3317.0213 of the Revised Code; 7,488
167
(j) Plus any amount received for the applicable fiscal 7,490
year pursuant to section 3317.027 of the Revised Code; 7,492
(k) Plus any amount received for the applicable fiscal 7,494
year resulting from a recomputation made under division (B) of 7,495
section 3317.022 of the Revised Code, AS THAT SECTION EXISTED IN 7,496
THE APPLICABLE FISCAL YEAR. 7,497
(2) "Enhanced FY 1998 1999 state aid" for a district means 7,500
its fundamental FY 1998 state BASIC aid FOR FISCAL YEAR 1999, 7,502
plus any amounts for which the district was eligible pursuant to 7,503
division (K) (D) of THE VERSION OF section 3317.024 3317.022 of 7,504
the Revised Code, as that division existed in EFFECT THAT fiscal 7,505
year 1998. 7,506
(3) "State basic aid" for a district for any fiscal year 7,508
after fiscal year 1998 1999 means the sum of the following: 7,510
(a) The amount computed for the district for basic formula 7,512
aid and BASE COST FUNDING, special education funding, AND 7,514
VOCATIONAL EDUCATION FUNDING under divisions (A), (B), and (C)(1) 7,516
AND (5), AND (E) of section 3317.022 and sections 3317.025 and 7,517
3317.027 of the Revised Code and DPIA aid under section 3317.029 7,518
of the Revised Code in the current fiscal year before any 7,520
deduction or credit required by division (B), (D), (E), (F), (G), 7,522
(H), (I), (J), or (K), OR (L) of section 3317.023 or division (J) 7,523
of section 3317.029 of the Revised Code; 7,525
(b) Any amounts for which the district is eligible 7,527
pursuant to division (C) of section 3317.023, divisions (G) and, 7,528
(P), AND (R) of section 3317.024, and THE SUPPLEMENTAL UNIT 7,530
ALLOWANCE PAID FOR GIFTED UNITS UNDER division (B) of section 7,531
3317.162 of the Revised Code; 7,532
(c) Any equity aid for which the district is eligible 7,535
under section 3317.0213 of the Revised Code.
(4) "STATE BASIC AID FOR FISCAL YEAR 1999" MEANS A 7,537
DISTRICT'S "STATE BASIC AID" FOR THAT YEAR, AS DEFINED IN THE 7,538
VERSION OF THIS SECTION IN EFFECT IN FISCAL YEAR 1999, PLUS AN 7,539
APPROPRIATE PROPORTION, AS DETERMINED BY THE DEPARTMENT OF 7,540
168
EDUCATION, OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN
FISCAL YEAR 1999 FROM THE VOCATIONAL EDUCATION SET-ASIDE AND 7,541
ATTRIBUTABLE TO THE DISTRICT'S STUDENTS. 7,542
(5) "VOCATIONAL EDUCATION SET-ASIDE" MEANS THE UP TO 7,544
$24,193,118 EARMARKED FOR ADDITIONAL SCHOOL DISTRICT VOCATIONAL 7,545
EDUCATION GRANTS UNDER APPROPRIATION ITEM 200-545, VOCATIONAL 7,546
EDUCATION ENHANCEMENTS, IN AM. SUB. H.B. 770 OF THE 122nd GENERAL 7,547
ASSEMBLY.
(B) Upon request of the department of education, the 7,549
treasurer of any school district or educational service center 7,550
shall furnish data needed to calculate the amounts specified in 7,551
divisions (A)(1)(e) and (f) of this section. The department 7,552
shall compute AND PAY the state basic aid guarantee for each 7,553
school district for the fiscal year as follows: 7,554
(1) Subtract the amount of state basic aid from the amount 7,557
of fundamental FY 1998 state aid. If a negative number, this 7,558
computation shall be deemed to be zero. 7,559
(2) Compute the following amounts: 7,561
(a) Formula ADM X (state basic aid/formula ADM); 7,564
(b) The greater of formula ADM or three-year average 7,567
formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM). 7,568
(3) If the amount computed under division (B)(2)(b) of 7,571
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 7,573
greater. If the amount computed under division (B)(2)(b) of this 7,574
section is not greater than the amount computed under division 7,575
(B)(2)(a) of this section, this computation shall be deemed to be 7,576
zero.
(4) Except as provided in division (C) of this section, 7,579
the department shall determine for each district the lesser of 7,580
the amounts computed in divisions (B)(1) and (3) of this section 7,582
and, if greater than zero, pay PAY the district that ANY POSITIVE 7,584
amount CALCULATED UNDER DIVISION (B)(1) OF THIS SECTION. 7,585
(C) In fiscal year 1999 2000, the department shall 7,588
169
calculate for each district the sum of the district's state basic 7,589
aid for THAT fiscal year 1999, plus ANY AMOUNT CALCULATED UNDER 7,590
DIVISION (B)(1) OF THIS SECTION, PLUS the transportation portion 7,591
of state aid computed FOR THE DISTRICT FOR THAT FISCAL YEAR under 7,593
division (D) of THE VERSION OF section 3317.022 of the Revised 7,595
Code for the district for IN EFFECT THAT fiscal year 1999. If a 7,596
district's enhanced FY 1998 1999 state aid is greater than that 7,597
sum, then the department shall pay the district in THAT fiscal 7,599
year 1999 one hundred per cent of the difference or the amount 7,600
required by division (B)(4) of this section, whichever is 7,601
greater.
(D)(1) The state basic aid guarantee in any fiscal year 7,603
for a school district with a formula ADM of one hundred fifty or 7,604
less shall be the greatest of the following amounts: 7,605
(a) The district's state basic aid for the fiscal year; 7,607
(b) The district's fundamental FY 1998 state aid; 7,609
(c) The district's fundamental FY 1997 state aid. 7,611
(2) If in any fiscal year the state basic aid for a school 7,613
district with a formula ADM of one hundred fifty or less is less 7,614
than the guarantee amount determined for the district under 7,615
division (D)(1) of this section, the department of education 7,616
shall pay the district the amount of the difference. 7,617
Sec. 3317.0213. No money shall be distributed under this 7,626
section after fiscal year 2001 2002. 7,627
(A) As used in this section: 7,629
(1) "ADM" for any school district means: 7,631
(a) In fiscal year 1999, the FY 1998 ADM; 7,634
(b) In fiscal years 2000 and 2001 THROUGH 2002, the 7,636
formula ADM reported for the previous fiscal year. 7,637
(2) "Average taxable value" means the average of the 7,640
amounts certified for a district in the second, third, and fourth 7,641
preceding fiscal years under divisions (A)(1) and (2) of section 7,642
3317.021 of the Revised Code.
(3) "Valuation per pupil" for a district means: 7,644
170
(a) In fiscal year 1999, the district's average taxable 7,647
value, divided by the district's FY 1998 ADM; 7,650
(b) In a fiscal year that occurs after fiscal year 1999, 7,653
the district's average taxable value, divided by the district's 7,655
formula ADM for the preceding fiscal year. 7,656
(4) "Threshold valuation" means: 7,658
(a) In fiscal year 1999, the adjusted valuation per pupil 7,661
of the school district with the two hundred twenty-ninth lowest 7,662
adjusted valuation per pupil in the state, according to data 7,664
available at the time of the computation under division (B) of 7,665
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil 7,667
of the district with the one hundred sixty-third NINETY-SIXTH 7,668
lowest such valuation in the state; 7,669
(c) In fiscal year 2001, the adjusted valuation per pupil 7,671
of the district with the one hundred eighteenth SIXTY-THIRD 7,672
lowest such valuation in the state; 7,673
(d) IN FISCAL YEAR 2002, THE ADJUSTED VALUATION PER PUPIL 7,675
OF THE DISTRICT WITH THE ONE-HUNDRED-EIGHTEENTH LOWEST SUCH 7,676
VALUATION IN THE STATE.
(5) "Adjusted valuation per pupil" for a district means an 7,678
amount calculated in accordance with the following formula: 7,679
The district's valuation per pupil - ($30,000 X (one minus the 7,682
district's income factor))
(6) "Millage rate" means .012 in fiscal year 1999, .011 in 7,684
fiscal year 2000, and .010 in fiscal year 2001, AND .009 IN 7,685
FISCAL YEAR 2002. 7,686
(B) Beginning in fiscal year 1993, during August of each 7,688
fiscal year, the department of education shall distribute to each 7,689
school district meeting the requirements of section 3317.01 of 7,690
the Revised Code whose adjusted valuation per pupil is less than 7,691
the threshold valuation, an amount calculated in accordance with 7,692
the following formula: 7,693
(The threshold valuation - the district's adjusted valuation per 7,696
171
pupil) X millage rate X ADM 7,697
Sec. 3317.0216. (A) As used in this section: 7,706
(1) "Total taxes charged and payable for current expenses" 7,709
means the sum of the taxes charged and payable as certified under 7,710
division (A)(3)(a) of section 3317.021 of the Revised Code less 7,711
any amounts reported under division (A)(3)(b) of that section, 7,712
and the tax distribution for the preceding year under any school 7,713
district income tax levied by the district pursuant to Chapter 7,715
5748. of the Revised Code to the extent the revenue from the 7,716
income tax is allocated or apportioned to current expenses. 7,717
(2) "State equalization enhancement payments" means any 7,719
payment made to a school district pursuant to section 3317.0215 7,720
of the Revised Code for the preceding fiscal year. 7,721
(3) "Charge-off amount" means the product obtained by 7,723
multiplying two and three-tenths per cent by adjusted total 7,724
taxable value. 7,725
(4) "Total receipts available for current expenses" of a 7,728
school district means the sum of total taxes charged and payable 7,729
for current expenses and the district's state equalization
enhancement payments. 7,730
(5) "Local share of special education and related services 7,732
additional weighted costs" has the same meaning as in division 7,735
(C)(3) of section 3317.022 of the Revised Code.
(6) "LOCAL SHARE OF VOCATIONAL EDUCATION AND ASSOCIATED 7,737
SERVICES ADDITIONAL WEIGHTED COSTS" FOR EACH SCHOOL DISTRICT 7,738
MEANS THE AMOUNT DETERMINED AS FOLLOWS: 7,739
(1 - STATE SHARE PERCENTAGE AS DEFINED IN SECTION 7,740
3317.022 OF THE REVISED CODE) X [(TOTAL VOCATIONAL 7,741
EDUCATION WEIGHT AS DEFINED IN THAT SECTION X 7,743
THE FORMULA AMOUNT) + THE DISTRICT'S PAYMENT UNDER DIVISION 7,745
(E)(2) OF SECTION 3317.022 OF THE REVISED CODE<
(B) Upon receiving the certifications under section 7,747
3317.021 of the Revised Code, the department of education shall 7,748
determine for each city, local, and exempted village school 7,750
172
district whether the district's charge-off amount is greater than 7,751
the district's total receipts available for current expenses, and 7,752
if it is, shall pay the district the amount of the difference. A 7,753
payment shall not be made to any school district for which the 7,754
computation under division (A) of section 3317.022 of the Revised 7,755
Code equals zero. 7,756
(C)(1) If a district's charge-off amount is equal to or 7,758
greater than its total receipts available for current expenses, 7,759
the department shall, in addition to the payment required under 7,760
division (B) of this section, pay the district the amount of the 7,761
local share of special education expenses AND RELATED SERVICES 7,762
ADDITIONAL WEIGHTED COSTS AND THE AMOUNT OF THE LOCAL SHARE OF 7,763
VOCATIONAL EDUCATION AND ASSOCIATED SERVICES ADDITIONAL WEIGHTED 7,764
COSTS.
(2) If a district's charge-off amount is less than its 7,766
total receipts available for current expenses, the department 7,767
shall pay the district any amount by which THE SUM OF its local 7,770
share of special education and related services additional 7,771
weighted costs PLUS ITS LOCAL SHARE OF VOCATIONAL EDUCATION AND 7,772
ASSOCIATED SERVICES ADDITIONAL WEIGHTED COSTS exceeds its total 7,774
receipts available for current expenses minus its charge-off
amount.
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 7,784
and (C) of this section, any student enrolled in kindergarten 7,785
more than half time shall be reported as one-half student under 7,786
this section.
(A) The superintendent of each city and exempted village 7,789
school district and of each educational service center shall, for 7,790
the schools under the superintendent's supervision, certify to 7,791
the state board of education on or before the fifteenth day of 7,792
October in each year for the first full school week in October 7,793
the formula ADM, which shall consist of the average daily 7,794
membership during such week of the sum of the following: 7,795
(1) On an FTE basis, the number of students in grades 7,798
173
kindergarten through twelve receiving any educational services 7,799
from the district, except that the following categories of 7,800
students shall not be included in the determination: 7,801
(a) Students enrolled in adult education classes; 7,803
(b) Adjacent or other district students enrolled in the 7,805
district under an open enrollment policy pursuant to section 7,806
3313.98 of the Revised Code; 7,807
(c) Students receiving services in the district pursuant 7,809
to a compact, cooperative education agreement, or a contract, but 7,810
who are entitled to attend school in another district pursuant to 7,811
section 3313.64 or 3313.65 of the Revised Code; 7,812
(d) Students for whom tuition is payable pursuant to 7,815
sections 3317.081 and 3323.141 of the Revised Code. 7,816
(2) On an FTE basis, the number of students entitled to 7,819
attend school in the district pursuant to section 3313.64 or 7,820
3313.65 of the Revised Code, but receiving educational services 7,822
in grades kindergarten through twelve from one or more of the
following entities: 7,823
(a) A community school pursuant to Chapter 3314. of the 7,826
Revised Code or Section 50.52 of Amended Substitute House Bill 7,827
No. 215 of the 122nd general assembly, INCLUDING ANY 7,828
PARTICIPATION IN A COLLEGE PURSUANT TO CHAPTER 3365. OF THE 7,829
REVISED CODE WHILE ENROLLED IN SUCH COMMUNITY SCHOOL;
(b) An alternative school pursuant to sections 3313.974 to 7,831
3313.979 of the Revised Code as described in division (I)(2)(a) 7,833
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 7,835
Code, EXCEPT WHEN THE STUDENT IS ENROLLED IN THE COLLEGE WHILE 7,836
ALSO ENROLLED IN A COMMUNITY SCHOOL PURSUANT TO CHAPTER 3314. OF 7,837
THE REVISED CODE;
(d) An adjacent or other school district under an open 7,840
enrollment policy adopted pursuant to section 3313.98 of the 7,841
Revised Code; 7,842
(e) An educational service center or cooperative education 7,845
174
district;
(f) Another school district under a cooperative education 7,848
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 7,850
joint vocational school district or under a vocational education 7,851
compact;
(4) The number of handicapped children, other than 7,853
handicapped preschool children, entitled to attend school in the 7,854
district pursuant to section 3313.64 or 3313.65 of the Revised 7,856
Code who are placed with a county MR/DD board, minus the number 7,859
of such children placed with a county MR/DD board in fiscal year 7,860
1998. If this calculation produces a negative number, the number 7,862
reported under division (A)(4) of this section shall be zero. 7,864
(B) To enable the department of education to obtain the 7,867
data needed to complete the calculation of payments pursuant to 7,868
this chapter, in addition to the formula ADM, each superintendent 7,870
shall report separately the following student counts: 7,871
(1) The total average daily membership in regular day 7,873
classes included in the report under division (A)(1) or (2) of 7,874
this section for kindergarten, and each of grades one through 7,875
twelve in schools under the superintendent's supervision; 7,877
(2) The average daily membership NUMBER of all 7,879
handicapped preschool children included ENROLLED AS OF THE FIRST 7,881
DAY OF DECEMBER in a unit approved for CLASSES IN the district 7,883
THAT ARE ELIGIBLE FOR APPROVAL BY THE STATE BOARD OF EDUCATION
under DIVISION (B) OF section 3317.05 of the Revised Code AND THE 7,885
NUMBER OF THOSE CLASSES, WHICH SHALL BE REPORTED NOT LATER THAN
THE FIFTEENTH DAY OF DECEMBER, in accordance with rules adopted 7,886
under that section; 7,887
(3) The number of children entitled to attend school in 7,889
the district pursuant to section 3313.64 or 3313.65 of the 7,890
Revised Code who are participating in a pilot project scholarship 7,892
program established under sections 3313.974 to 3313.979 of the 7,893
Revised Code as described in division (I)(2)(a) or (b) of this 7,895
175
section, are enrolled in a college under Chapter 3365. of the 7,896
Revised Code, EXCEPT WHEN THE STUDENT IS ENROLLED IN THE COLLEGE 7,897
WHILE ALSO ENROLLED IN A COMMUNITY SCHOOL PURSUANT TO CHAPTER 7,898
3314. OF THE REVISED CODE, are enrolled in an adjacent or other 7,899
school district under section 3313.98 of the Revised Code, are 7,901
enrolled in a community school established under Chapter 3314. of 7,903
the Revised Code or Section 50.52 of Amended Substitute House 7,904
Bill No. 215 of the 122nd general assembly, INCLUDING ANY 7,905
PARTICIPATION IN A COLLEGE PURSUANT TO CHAPTER 3365. OF THE 7,906
REVISED CODE WHILE ENROLLED IN SUCH COMMUNITY SCHOOL, or are 7,907
participating in a program operated by a county MR/DD board or a 7,908
state institution; 7,909
(4) The number of pupils enrolled in joint vocational 7,911
schools; 7,912
(5) The average daily membership of handicapped children 7,915
reported under division (A)(1) or (2) of this section receiving 7,916
category one special education services, described in division 7,917
(A) of section 3317.013 of the Revised Code; 7,918
(6) The average daily membership of handicapped children 7,920
reported under division (A)(1) or (2) of this section receiving 7,921
category two special education services, described in division 7,922
(B) of section 3317.013 of the Revised Code; 7,923
(7) The average daily membership of handicapped children 7,925
reported under division (A)(1) or (2) of this section identified 7,927
as having any of the handicaps specified in division (F)(3) of 7,928
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 7,930
division (A)(1) or (2) of this section enrolled in CATEGORY ONE 7,931
vocational education programs or classes, DESCRIBED IN DIVISION 7,933
(A) OF SECTION 3317.014 OF THE REVISED CODE, operated by the
school district or by another district, other than a joint 7,934
vocational school district, or by an educational service center; 7,935
(9) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER 7,937
DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY TWO 7,938
176
VOCATIONAL EDUCATION PROGRAMS OR SERVICES, DESCRIBED IN DIVISION 7,939
(B) OF SECTION 3317.014 OF THE REVISED CODE, OPERATED BY THE 7,940
SCHOOL DISTRICT OR ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT 7,941
VOCATIONAL SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER; 7,942
(10) The average number of children transported by the 7,945
school district on board-owned or contractor-owned and -operated 7,946
buses, reported in accordance with rules adopted by the 7,948
department of education;
(10)(11)(a) The number of children, other than handicapped 7,951
preschool children, the district placed with a county MR/DD board 7,952
in fiscal year 1998; 7,953
(b) The number of handicapped children, other than 7,955
handicapped preschool children, placed with a county MR/DD board 7,957
in the current fiscal year to receive category one special 7,958
education services, described in division (A) of section 3317.013 7,960
of the Revised Code; 7,961
(c) The number of handicapped children, other than 7,963
handicapped preschool children, placed with a county MR/DD board 7,965
in the current fiscal year to receive category two special 7,966
education services, described in division (B) of section 3317.013 7,968
of the Revised Code; 7,969
(d) The number of handicapped children, other than 7,971
handicapped preschool children, placed with a county MR/DD board 7,973
in the current fiscal year to receive category three special 7,974
education services, described in division (F)(3) of section 7,976
3317.02 of the Revised Code. 7,978
(C) Except as otherwise provided in this section for 7,980
kindergarten students, the average daily membership in divisions 7,981
(B)(1) to (8)(9) of this section shall be based upon the number 7,983
of full-time equivalent students. The state board of education 7,984
shall adopt rules defining full-time equivalent students and for 7,985
determining the average daily membership therefrom for the 7,987
purposes of divisions (A) and, (B), AND (D) of this section. No 7,988
child shall be counted as more than a total of one child in the 7,989
177
sum of the average daily memberships of a school district under 7,991
division (A) or under, divisions (B)(1) to (8)(9), OR DIVISION 7,992
(D) of this section. Based on the information reported under 7,994
this section, the department of education shall determine the
total student count, as defined in section 3301.011 of the 7,995
Revised Code, for each school district. 7,996
(D)(1) The superintendent of each joint vocational and 7,998
cooperative education school district shall certify to the 8,000
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable ON OR BEFORE THE 8,001
FIFTEENTH DAY OF OCTOBER IN EACH YEAR FOR THE FIRST FULL SCHOOL 8,002
WEEK IN OCTOBER THE FORMULA ADM, WHICH SHALL CONSIST OF THE 8,004
average daily memberships for all students in the joint 8,005
vocational or cooperative education school district, MEMBERSHIP 8,007
DURING SUCH WEEK, ON AN FTE BASIS, OF THE NUMBER OF STUDENTS 8,009
RECEIVING ANY EDUCATIONAL SERVICES FROM THE DISTRICT, EXCEPT THAT 8,010
THE FOLLOWING CATEGORIES OF STUDENTS SHALL NOT BE INCLUDED IN THE 8,011
DETERMINATION:
(a) STUDENTS ENROLLED IN ADULT EDUCATION CLASSES; 8,013
(b) ADJACENT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS 8,015
ENROLLED IN THE DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT 8,017
TO SECTION 3313.98 OF THE REVISED CODE; 8,018
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT 8,020
TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT 8,021
WHO ARE ENTITLED TO ATTEND SCHOOL IN A CITY, LOCAL, OR EXEMPTED 8,023
VILLAGE SCHOOL DISTRICT WHOSE TERRITORY IS NOT PART OF THE 8,024
TERRITORY OF THE JOINT VOCATIONAL DISTRICT;
(d) STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO 8,026
SECTIONS 3317.081 AND 3323.141 OF THE REVISED CODE. 8,027
(2) TO ENABLE THE DEPARTMENT OF EDUCATION TO OBTAIN THE 8,029
DATA NEEDED TO COMPLETE THE CALCULATION OF PAYMENTS PURSUANT TO 8,030
THIS CHAPTER, IN ADDITION TO THE FORMULA ADM, EACH SUPERINTENDENT 8,031
SHALL REPORT SEPARATELY THE AVERAGE DAILY MEMBERSHIP INCLUDED IN 8,032
THE REPORT UNDER DIVISION (D)(1) OF THIS SECTION FOR EACH OF THE 8,033
178
FOLLOWING CATEGORIES OF STUDENTS: 8,034
(a) STUDENTS ENROLLED IN EACH GRADE INCLUDED IN THE JOINT 8,036
VOCATIONAL DISTRICT SCHOOLS; 8,037
(b) HANDICAPPED CHILDREN RECEIVING CATEGORY ONE SPECIAL 8,039
EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.013 8,041
OF THE REVISED CODE;
(c) HANDICAPPED CHILDREN RECEIVING CATEGORY TWO SPECIAL 8,043
EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.013 8,045
OF THE REVISED CODE;
(d) HANDICAPPED CHILDREN IDENTIFIED AS HAVING ANY OF THE 8,047
HANDICAPS SPECIFIED IN DIVISION (F)(3) OF SECTION 3317.02 OF THE 8,049
REVISED CODE;
(e) STUDENTS RECEIVING CATEGORY ONE VOCATIONAL EDUCATION 8,051
SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 OF THE 8,052
REVISED CODE;
(f) STUDENTS RECEIVING CATEGORY TWO VOCATIONAL EDUCATION 8,054
SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 OF THE 8,055
REVISED CODE.
THE SUPERINTENDENT OF EACH JOINT VOCATIONAL SCHOOL DISTRICT 8,057
SHALL also indicating INDICATE the city, local, or exempted 8,059
village school district of residence for IN WHICH each JOINT 8,060
VOCATIONAL DISTRICT pupil IS ENTITLED TO ATTEND SCHOOL PURSUANT 8,061
TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.
(E) In each school of each city, local, exempted village, 8,063
joint vocational, and cooperative education school district there 8,064
shall be maintained a record of school membership, which record 8,065
shall accurately show, for each day the school is in session, the 8,066
actual membership enrolled in regular day classes. For the 8,067
purpose of determining average daily membership, the membership 8,068
figure of any school shall not include any pupils except those 8,069
pupils described by division (A) of this section. The record of 8,071
membership for each school shall be maintained in such manner 8,072
that no pupil shall be counted as in membership prior to the 8,073
actual date of entry in the school and also in such manner that 8,074
179
where for any cause a pupil permanently withdraws from the school 8,075
that pupil shall not be counted as in membership from and after 8,077
the date of such withdrawal. There shall not be included in the 8,078
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 8,081
a public high school;
(2) Any pupil who is not a resident of the state; 8,083
(3) Any pupil who was enrolled in the schools of the 8,086
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 8,087
not take one or more of the tests required by that section and 8,088
was not excused pursuant to division (C)(1) of that section; 8,089
(4) Any pupil who has attained the age of twenty-two 8,091
years, except for the following: 8,092
(a) Persons suffering from tuberculosis and receiving 8,094
treatment in any approved state, county, district, or municipal 8,095
tuberculosis hospital who have not graduated from the twelfth 8,096
grade of a public high school; 8,097
(b) Veterans of the armed services whose attendance was 8,099
interrupted before completing the recognized twelve-year course 8,100
of the public schools by reason of induction or enlistment in the 8,101
armed forces and who apply for reenrollment in the public school 8,102
system of their residence not later than four years after 8,103
termination of war or their honorable discharge. 8,104
If, however, any veteran described by division (E)(4)(b) of 8,107
this section elects to enroll in special courses organized for 8,108
veterans for whom tuition is paid under the provisions of federal 8,109
laws, or otherwise, that veteran shall not be included in average 8,111
daily membership.
Notwithstanding division (E)(3) of this section, the 8,113
membership of any school may include a pupil who did not take a 8,114
test required by section 3301.0711 of the Revised Code if the 8,115
superintendent of public instruction grants a waiver from the 8,116
requirement to take the test to the specific pupil. The 8,117
180
superintendent may grant such a waiver only for good cause in 8,118
accordance with rules adopted by the state board of education. 8,119
The EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 8,121
THE average daily membership figure of any local, city, or 8,122
exempted village, OR JOINT VOCATIONAL school district shall be 8,123
determined by dividing the figure representing the sum of the 8,125
number of pupils enrolled during each day the school of 8,126
attendance is actually open for instruction during the first full 8,127
school week in October by the total number of days the school was 8,128
actually open for instruction during that week. For purposes of 8,129
state funding, "enrolled" persons are only those pupils who are 8,130
attending school, those who have attended school during the 8,131
current school year and are absent for authorized reasons, and 8,132
those handicapped children currently receiving home instruction. 8,133
The average daily membership figure of any joint vocational 8,135
or cooperative education school district shall be determined in 8,136
accordance with rules adopted by the state board of education. 8,137
(F)(1) If the formula ADM for the first full school week 8,140
in February is at least three per cent greater than that 8,141
certified for the first full school week in the preceding 8,142
October, the superintendent of schools of any city or, exempted 8,143
village, OR JOINT VOCATIONAL school district or educational 8,145
service center shall certify such increase to the superintendent 8,146
of public instruction. Such certification shall be submitted no 8,147
later than the fifteenth day of February. For the balance of the 8,148
fiscal year, beginning with the February payments, the 8,149
superintendent of public instruction shall use the increased 8,150
formula ADM in calculating or recalculating the amounts to be 8,151
allocated in accordance with section 3317.022 OR 3317.16 of the 8,153
Revised Code. In no event shall the superintendent use an 8,154
increased membership certified to the superintendent after the 8,155
fifteenth day of February. 8,156
(2) If during ON the first full school week in February 8,159
DAY OF APRIL the total number of CLASSES OR units for handicapped 8,160
181
preschool children that are eligible for approval under division 8,162
(B) of section 3317.05 of the Revised Code exceeds the number of 8,163
such units that have been approved for the year under such THAT 8,164
division, the superintendent of schools of any city, exempted 8,166
village, or cooperative education school district or educational 8,167
service center shall make the certifications required by this 8,168
section for such week THAT DAY. If the state board of education 8,169
determines additional units can be approved for the fiscal year 8,171
within any limitations set forth in the acts appropriating moneys 8,172
for the funding of such units, the board shall approve additional 8,173
units for the fiscal year on the basis of such average daily 8,174
membership. For each unit so approved, the department of 8,175
education shall pay an amount computed in the manner prescribed 8,176
in section 3317.161 or 3317.19 and section 3317.162 of the 8,177
Revised Code.
(3) If during the first full school week in February the 8,179
total number of special education units that are eligible for 8,180
approval under division (D)(1) of section 3317.05 of the Revised 8,181
Code for a joint vocational school district exceeds the number of 8,182
those units that have been approved for the year under that 8,183
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 8,184
state board of education determines additional units can be 8,185
approved for the fiscal year within any limitations set forth in 8,186
the acts appropriating moneys for the funding of such units, the 8,187
state board shall approve additional units for the fiscal year on 8,188
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 8,189
computed in the manner prescribed by section 3317.16 of the 8,190
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 8,192
special education program pursuant to section 3323.091 of the 8,193
Revised Code shall, for the programs under such superintendent's 8,195
supervision, certify to the state board of education the average 8,196
182
daily membership of all handicapped children in classes or 8,197
programs approved annually by the state board of education, in 8,198
the manner prescribed by the superintendent of public 8,199
instruction.
(b) The superintendent of an institution with vocational 8,202
education units approved under division (A) of section 3317.05 of 8,203
the Revised Code shall, for the units under the superintendent's 8,205
supervision, certify to the state board of education the average 8,206
daily membership in those units, in the manner prescribed by the 8,207
superintendent of public instruction. 8,208
(2) The superintendent of each county MR/DD board that 8,210
maintains special education classes or units approved by the 8,211
state board of education pursuant to section 3317.05 of the 8,213
Revised Code shall do both of the following: 8,214
(a) Certify to the state board, in the manner prescribed 8,217
by the board, the average daily membership in classes and units 8,218
approved under division (D)(1) of section 3317.05 of the Revised 8,219
Code for each school district that has placed children in the 8,220
classes or units;
(b) Certify to the state board, in the manner prescribed 8,222
by the board, the average daily membership NUMBER OF ALL 8,224
HANDICAPPED PRESCHOOL CHILDREN ENROLLED AS OF THE FIRST DAY OF 8,225
DECEMBER in preschool handicapped units approved CLASSES ELIGIBLE 8,226
FOR APPROVAL under division (B) of section 3317.05 of the Revised 8,227
Code, AND THE NUMBER OF THOSE CLASSES. 8,228
(3)(a) If during the first full school week in February 8,230
the average daily membership of the classes or units maintained 8,231
by the county MR/DD board that are eligible for approval under 8,232
division (D)(1) of section 3317.05 of the Revised Code is greater 8,234
than the average daily membership for the preceding October, the 8,235
superintendent of the board shall make the certifications 8,236
required by this section for such week and, if during. 8,238
(b) IF ON the first full school week in February DAY OF 8,242
APRIL the average daily membership NUMBER of the CLASSES OR units 8,243
183
maintained FOR HANDICAPPED PRESCHOOL CHILDREN by the county MR/DD 8,244
board that are eligible for approval under division (B) of 8,245
section 3317.05 of the Revised Code is greater than the average 8,246
daily membership for the preceding October NUMBER OF UNITS 8,247
APPROVED FOR THE YEAR UNDER THAT DIVISION, the superintendent 8,248
shall certify the average daily membership for the first full 8,249
school week in February for such units to the state board of 8,250
education MAKE THE CERTIFICATION REQUIRED BY THIS SECTION FOR 8,251
THAT DAY. If
(c) IF the state board determines that additional classes 8,253
or units can be approved for the fiscal year within any 8,255
limitations set forth in the acts appropriating moneys for the 8,256
funding of such THE classes and units DESCRIBED IN DIVISION 8,257
(G)(3)(a) OR (b) OF THIS SECTION, the board shall approve and 8,258
fund additional units for the fiscal year on the basis of such 8,260
average daily membership. For each unit so approved, the 8,261
department of education shall pay an amount computed in the 8,262
manner prescribed in sections 3317.161 and 3317.162 of the 8,263
Revised Code.
(H) Except as provided in division (I) of this section, 8,266
when any city, local, or exempted village school district 8,267
provides instruction for a nonresident pupil whose attendance is 8,268
unauthorized attendance as defined in section 3327.06 of the 8,269
Revised Code, that pupil's membership shall not be included in 8,270
that district's membership figure used in the calculation of that 8,271
district's formula ADM or included in the determination of any 8,272
unit approved for the district under section 3317.05 of the 8,273
Revised Code. The reporting official shall report separately the 8,274
average daily membership of all pupils whose attendance in the 8,275
district is unauthorized attendance, and the membership of each 8,276
such pupil shall be credited to the school district in which the 8,277
pupil is entitled to attend school under division (B) of section 8,278
3313.64 or section 3313.65 of the Revised Code as determined by 8,279
the department of education. 8,280
184
(I)(1) A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 8,282
VOCATIONAL school district admitting a scholarship student of a 8,285
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 8,286
average daily membership.
(2) In any year for which funds are appropriated for pilot 8,288
project scholarship programs, a school district implementing a 8,289
state-sponsored pilot project scholarship program that year 8,290
pursuant to sections 3313.974 through 3313.979 of the Revised 8,292
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 8,294
scholarship to attend kindergarten in any alternative school, as 8,295
defined in division (A)(9) of section 3313.974 of the Revised 8,296
Code;
(b) All children who were enrolled in the district in the 8,298
preceding year who are utilizing a scholarship to attend any such 8,299
alternative school. 8,300
(J) THE SUPERINTENDENT OF EACH COOPERATIVE EDUCATION 8,302
SCHOOL DISTRICT SHALL CERTIFY TO THE SUPERINTENDENT OF PUBLIC 8,303
INSTRUCTION, IN A MANNER PRESCRIBED BY THE STATE BOARD OF 8,304
EDUCATION, THE APPLICABLE AVERAGE DAILY MEMBERSHIPS FOR ALL 8,305
STUDENTS IN THE COOPERATIVE EDUCATION DISTRICT, ALSO INDICATING 8,306
THE CITY, LOCAL, OR EXEMPTED VILLAGE DISTRICT WHERE EACH PUPIL IS
ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE 8,307
REVISED CODE.
Sec. 3317.033. In accordance with rules which the state 8,316
board of education shall adopt, each joint vocational school 8,318
district shall do both of the following:
(A) Maintain a record of district membership of any 8,321
persons who are not eligible to be included in the average daily 8,322
membership determined under division (D) of section 3317.03 of 8,324
the Revised Code and who are participating in a program funded 8,326
with a secondary vocational education job-training unit approved 8,327
under division (A) of section 3317.05 of the Revised Code;
185
(B) Annually certify to the state board of education the 8,329
number of persons for whom a record is maintained under division 8,330
(A) of this section. These numbers shall be reported for each 8,331
unit and on a full-time equivalent basis. 8,332
Sec. 3317.05. (A) For the purpose of calculating payments 8,342
under sections 3317.16, 3317.161, and 3317.162 of the Revised 8,344
Code, the state board of education shall determine for each joint 8,345
vocational school district and institution, by the last day of 8,346
January of each year and based on information certified under 8,347
section 3317.03 of the Revised Code, the number of vocational 8,349
education units or fractions of units approved by the state board 8,350
on the basis of standards and rules adopted by the state board. 8,351
As used in this division, "institution" means an institution 8,352
operated by a department specified in section 3323.091 of the 8,353
Revised Code and that provides vocational education programs 8,354
under the supervision of the division of vocational education of 8,355
the department of education that meet the standards and rules for 8,356
these programs, including licensure of professional staff 8,357
involved in the programs, as established by the state board of 8,358
education.
(B) For the purpose of calculating payments under sections 8,361
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 8,362
state board shall determine, based on information certified under 8,364
section 3317.03 of the Revised Code, the following by the last 8,365
day of January of each year for each educational service center, 8,367
for each school district, including each cooperative education 8,368
school district, for each institution eligible for payment under 8,369
section 3323.091 of the Revised Code, and for each county MR/DD 8,370
board: the number of classes operated by the school district, 8,371
service center, institution, or county MR/DD board for 8,372
handicapped preschool children, or fraction thereof, including in 8,374
the case of a district or service center that is a funding agent, 8,375
classes taught by a licensed teacher employed by that district or 8,376
service center under section 3313.841 of the Revised Code, 8,377
186
approved annually by the state board on the basis of standards 8,378
and rules adopted by the state board. 8,379
(C) For the purpose of calculating payments under sections 8,381
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 8,384
state board shall determine, based on information certified under 8,385
section 3317.03 of the Revised Code, the following by the last 8,386
day of January of each year for each school district, including 8,388
each cooperative education school district, for each institution 8,389
eligible for payment under section 3323.091 of the Revised Code, 8,390
and for each county MR/DD board: the number of preschool 8,392
handicapped related services units for child study, occupational, 8,393
physical, or speech and hearing therapy, special education 8,394
supervisors, and special education coordinators approved annually 8,395
by the state board on the basis of standards and rules adopted by 8,396
the state board.
(D) For the purpose of calculating payments under sections 8,399
3317.16, 3317.161, and 3317.162 of the Revised Code, the state 8,401
board shall determine, based on information certified under 8,402
section 3317.03 of the Revised Code, the following by the last 8,403
day of January of each year for each joint vocational school 8,404
district, for each institution eligible for payment under section 8,405
3323.091 of the Revised Code, and for each county MR/DD board: 8,406
(1) The number of classes operated by a joint vocational 8,408
school district, AN institution, or county MR/DD board for 8,410
handicapped children other than handicapped preschool children, 8,411
or fraction thereof, approved annually by the state board on the 8,413
basis of standards and rules adopted by the state board;
(2) The number of related services units for children 8,415
other than handicapped preschool children for child study, 8,416
occupational, physical, or speech and hearing therapy, special 8,417
education supervisors, and special education coordinators 8,418
approved annually by the state board on the basis of standards 8,420
and rules adopted by the state board.
(E) All of the arithmetical calculations made under this 8,422
187
section shall be carried to the second decimal place. The total 8,423
number of units for school districts, service centers, and 8,425
institutions approved annually by the state board under this 8,426
section shall not exceed the number of units included in the 8,427
state board's estimate of cost for these units and appropriations 8,429
made for them by the general assembly. 8,430
In the case of units described in division (D)(1) of this 8,433
section operated by county MR/DD boards and institutions eligible 8,435
for payment under section 3323.091 of the Revised Code, the state 8,436
board shall approve only units for persons who are under age 8,437
twenty-two on the first day of the academic year, but not less 8,438
than six years of age on the thirtieth day of September of that 8,439
year, except that such a unit may include one or more children 8,440
who are under six years of age on the thirtieth day of September 8,441
if such children have been admitted to the unit pursuant to rules 8,442
of the state board. In the case of handicapped preschool units 8,443
described in division (B) of this section operated by county 8,445
MR/DD boards and institutions eligible for payment under section 8,446
3323.091 of the Revised Code, the state board shall approve only 8,447
preschool units for children who are under age six but not less 8,448
than age three on the thirtieth day of September of the academic 8,449
year, except that such a unit may include one or more children 8,450
who are under age three or are age six or over on the thirtieth 8,451
day of September if such children have been admitted to the unit 8,452
pursuant to rules of the state board of education. The number of 8,453
units for county MR/DD boards and institutions eligible for 8,455
payment under section 3323.091 of the Revised Code approved by 8,456
the state board under this section shall not exceed the number
that can be funded with appropriations made for such purposes by 8,457
the general assembly. 8,458
No unit shall be approved under divisions (B) to (D) of 8,461
this section unless a plan has been submitted and approved under 8,462
Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the THE department shall 8,464
188
approve units or fractions thereof for gifted children on the 8,465
basis of standards and rules adopted by the board. 8,466
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 8,475
and 3317.11 of the Revised Code, a unit funded pursuant to 8,476
division (P)(1) of section 3317.024 or division (A)(2) of section 8,478
3317.161 of the Revised Code shall not be approved for state 8,479
funding in one school district, including any joint vocational or 8,480
cooperative education school district or any educational service 8,481
center, to the extent that such unit provides programs in or 8,482
services to another district which receives payment pursuant to 8,483
section 3317.04 of the Revised Code. 8,484
(2) Any city, local, exempted village, or cooperative 8,487
education school district or any educational service center may 8,488
combine partial unit eligibility for handicapped preschool 8,489
programs pursuant to section 3317.05 of the Revised Code, and 8,490
such combined partial units may be approved for state funding in 8,492
one school district or service center. 8,493
(B) After units have been initially approved for any 8,495
fiscal year under section 3317.05 of the Revised Code, no unit 8,497
shall be subsequently transferred from a school district or 8,499
educational service center to another city, exempted village, 8,500
local, joint vocational, or cooperative education school district 8,501
or educational service center or to an institution or county 8,504
MR/DD board solely for the purpose of reducing the financial
obligations of the school district in a fiscal year it receives 8,505
payment pursuant to section 3317.04 of the Revised Code. 8,506
Sec. 3317.11. (A) Annually, on or before a date 8,515
designated by the state board of education, each educational 8,516
service center governing board shall prepare a budget of 8,518
operating expenses for the ensuing year for the service center on 8,519
forms prepared and furnished by the state board of education and 8,520
shall certify the budget to the state board of education, 8,521
together with such other information as the board may require. 8,522
Such budget shall consist of two parts. Part (A) shall include 8,523
189
the cost of the salaries, employers retirement contributions, and 8,524
travel expenses of supervisory teachers approved by the state 8,525
board of education. The amount derived from the calculation for 8,526
such units in part (A) of the governing board budget shall be the 8,527
sum of:
(1) The sum of the minimum salaries calculated, pursuant 8,529
to section 3317.13 of the Revised Code, for each approved 8,530
licensed employee of the governing board; 8,531
(2) An additional salary allowance proportional to the 8,533
length of the extended term of service not to exceed three months 8,534
for each supervisory and child study teacher whose term of 8,535
service in any year is extended beyond the terms of service of 8,536
regular classroom teachers; 8,537
(3) An allowance equal to fifteen per cent of the amount 8,539
computed under division (A)(1) of this section; 8,540
(4) An allowance for necessary travel expenses, for each 8,542
of the personnel approved in part (A) of the budget, limited to 8,543
two hundred twenty-three dollars and sixteen cents per month, or 8,544
two thousand six hundred seventy-eight dollars per year per 8,545
person employed, whichever is the lesser. 8,546
Part (B) shall include the cost of all other lawful 8,549
expenditures of the governing board. The state board of 8,550
education shall review such budget and may approve, increase, or
decrease such budget. 8,551
The governing board shall be reimbursed by the state board 8,554
of education from state funds for the cost of part (A) of the 8,555
budget. The governing board shall be reimbursed by the state
board of education, from state funds for the cost of part (B) of 8,557
the approved budget that is in excess of six dollars and fifty 8,558
cents times the service center ADM. If the governing board 8,559
provides services to city or exempted village school districts 8,560
pursuant to section 3313.843 of the Revised Code, the governing 8,561
board shall be reimbursed from state funds for the cost of part 8,562
(B) of the budget that is in excess of six dollars and fifty 8,563
190
cents times the sum of the service center ADM and the client ADMs 8,565
of the city or exempted village districts to which such services 8,566
are provided. The cost of part (B) not in excess of six dollars 8,567
and fifty cents times the number of such ADM shall be apportioned 8,568
by the state board of education among the local school districts 8,569
in the territory of the service center, or among all districts to 8,570
which the governing board provides services, on the basis of the 8,572
total number of pupils in each school district. 8,573
If part (B) of the budget is in excess of that approved by 8,575
the state board of education, the excess cost shall be 8,576
apportioned by the state board of education among the local 8,577
school districts in the territory of the service center on the 8,579
basis of the total number of such pupils in each such school 8,580
district, provided that a majority of the boards of education of 8,581
such local school districts approve such apportionment. The 8,582
state board of education shall initiate and supervise the 8,583
procedure by which the local boards shall approve or disapprove 8,584
such apportionment.
The amounts so apportioned shall be certified to the 8,586
treasurers of the various school districts. In the case of each 8,587
district such amount shall be deducted by the state board of 8,588
education from funds allocated to the district pursuant to 8,589
division (E) of section 3317.023 of the Revised Code. 8,590
The state board of education shall certify to the director 8,592
of budget and management for payment the total of the deductions, 8,593
whereupon the amount shall be paid to the governing board of each 8,595
service center, to be deposited to the credit of a separate fund, 8,597
hereby created, to be known as the educational service center 8,598
governing board fund.
An educational service center may provide special education 8,601
to students in its local districts or in client districts. A 8,602
service center is eligible for funding under division (J) of 8,604
section 3317.024 of the Revised Code and eligible for state 8,605
subsidies for the purchase of school buses under section 3317.07 8,606
191
of the Revised Code. Special education units for gifted children 8,608
may be operated by a governing board. Vocational education may
be provided by a governing board. A governing board may conduct 8,610
driver education for pupils enrolled in a high school for which 8,611
the state board of education prescribes minimum standards and 8,612
which is eligible for funding under division (I) of section 8,613
3317.024 of the Revised Code.
Every local school district shall be provided supervisory 8,615
services by its governing board as approved by the state board of 8,617
education. A city or exempted village school district shall be 8,618
considered to be provided supervisory services by a governing 8,619
board if it has entered into an agreement for the governing board 8,620
to provide any services under section 3313.843 of the Revised 8,621
Code. Supervisory services shall not exceed one supervisory 8,623
teacher for the first fifty classroom teachers employed in all 8,624
districts that are provided supervisory services calculated under 8,625
section 3317.023 of the Revised Code and one supervisory teacher 8,626
for every additional one hundred such classroom teachers so 8,627
calculated. Reimbursement for such supervisory services shall be 8,628
a deduction by the state board of education from the payment to 8,629
the school district pursuant to division (E) of section 3317.023 8,630
of the Revised Code. Deductions for all supervisory services and 8,631
extended services for supervisory and child study shall be 8,632
apportioned among local school districts within the territory of 8,633
the service center and any city or exempted village districts 8,634
that have entered into agreements with a service center pursuant 8,635
to section 3313.843 of the Revised Code by the state board of 8,636
education on the basis of the total number of pupils in each 8,637
school district, except that where such services are provided to 8,638
districts other than local school districts within the service 8,640
center territory and city or exempted village districts having
agreements with the service center, such charges shall be 8,641
apportioned among all participating districts on the basis of the 8,643
total number of pupils in each school district. All deductions 8,644
192
from state funding to school districts required for reimbursement 8,645
of governing boards by division (E) of section 3317.023 of the 8,646
Revised Code shall be made from the total of the payment computed 8,647
for the district under this chapter, after making any other 8,651
adjustments in that payment required by law.
(B)(1) In addition to the payments made under division (A) 8,653
of this section, except as otherwise provided in division (C) of 8,655
this section, the department of education shall pay each 8,656
governing board, each fiscal year, an THE amount equal to 8,657
thirty-four dollars IN THE FOLLOWING SCHEDULE FOR THE SPECIFIED 8,658
FISCAL YEAR, times the sum of the service center ADM and 8,660
thirty-four dollars times the sum of the client ADMs of all its 8,661
client districts:
(a) IN FISCAL YEAR 2000, THIRTY-SIX DOLLARS; 8,663
(b) IN FISCAL YEAR 2001, THIRTY-SEVEN DOLLARS. 8,665
(2) In addition to other payments under this section, the 8,667
department shall pay each educational service center the amounts 8,668
due to it from school districts pursuant to contracts, compacts, 8,669
or agreements under which the service center furnishes services 8,670
to the districts or their students. In order to receive payment 8,671
under this division, an educational service center shall furnish 8,672
either a copy of the applicable contract, compact, or agreement 8,673
clearly indicating the amounts of the payments, or a written 8,674
statement of the payments owed signed by the superintendent or
treasurer of the responsible school district. 8,675
The amounts paid to service centers under division (B)(2) 8,677
of this section shall be deducted from payments to school 8,678
districts pursuant to division (K)(2) of section 3317.023 of the 8,679
Revised Code.
(C) Beginning with the fiscal year that starts July 1, 8,681
1997, in lieu of the payment specified under division (B) of this 8,683
section, each EACH multicounty service center shall receive a 8,684
payment each fiscal year equal to one per cent FORTY DOLLARS AND 8,686
FIFTY-TWO CENTS times the formula amount times the sum of the 8,688
193
service center ADM and the client ADMs of all its client 8,689
districts.
(D) Each city, exempted village, local, joint vocational, 8,691
or cooperative education school district shall pay to the 8,693
governing board of an educational service center any amounts
agreed to for each child enrolled in the district who receives 8,694
special education and related services or vocational education 8,695
from the educational service center.
(E) As used in this section: 8,697
(1) "Service center ADM" means the total of each of the 8,700
following for all local school districts within the limits of an 8,701
educational service center's territory:
(a) The formula ADM; 8,703
(b) The kindergarten average daily membership included in 8,706
the formula ADM;
(c) Three-quarters of the number of students reported 8,708
under division (B)(4) of section 3317.03 of the Revised Code; 8,709
(d) The average daily membership of handicapped preschool 8,712
children reported under division (B)(2) of section 3317.03 of the 8,713
Revised Code;
(e) The number of preschool students certified under 8,715
division (B) of section 3317.032 of the Revised Code. 8,716
(2) "Client ADM" means the total of each number described 8,719
under divisions (E)(1)(a) to (e) of this section for a client 8,720
district.
(3) "Client district" means a city or exempted village 8,722
school district that has entered into an agreement to receive 8,723
services from a service center pursuant to section 3313.843 of 8,724
the Revised Code.
(4) "Multicounty service center" means a service center 8,726
that includes territory that formerly was included in the 8,727
territory of at least three former service centers or county 8,728
school districts, which former centers or districts engaged in 8,729
one or more mergers pursuant to section 3311.053 of the Revised 8,730
194
Code to form the present center.
Sec. 3317.16. (A) AS USED IN THIS SECTION: 8,732
(1) "STATE SHARE PERCENTAGE" MEANS THE PERCENTAGE 8,734
CALCULATED FOR A JOINT VOCATIONAL SCHOOL DISTRICT AS FOLLOWS: 8,735
(a) CALCULATE THE STATE BASE COST FUNDING AMOUNT FOR THE 8,737
DISTRICT UNDER DIVISION (B) OF THIS SECTION. IF THE DISTRICT 8,739
WOULD NOT RECEIVE ANY BASE COST FUNDING FOR THAT YEAR UNDER THAT 8,740
DIVISION, THE DISTRICT'S STATE SHARE PERCENTAGE IS ZERO. 8,741
(b) IF THE DISTRICT WOULD RECEIVE BASE COST FUNDING UNDER 8,743
THAT DIVISION, DIVIDE THAT BASE COST AMOUNT BY AN AMOUNT EQUAL TO 8,745
THE FOLLOWING:
COST-OF-DOING-BUSINESS FACTOR X 8,747
THE FORMULA AMOUNT X 8,748
THE GREATER OF FORMULA ADM OR 8,749
THREE-YEAR AVERAGE FORMULA ADM 8,750
THE RESULTANT NUMBER IS THE DISTRICT'S STATE SHARE 8,752
PERCENTAGE.
(2) THE "TOTAL SPECIAL EDUCATION WEIGHT" FOR A JOINT 8,754
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 8,755
AS PRESCRIBED IN DIVISION (B)(1) OF SECTION 3317.022 OF THE 8,756
REVISED CODE. 8,757
(3) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A JOINT 8,759
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 8,760
AS PRESCRIBED IN DIVISION (B)(4) OF SECTION 3317.022 OF THE 8,762
REVISED CODE.
(4) THE "ADJUSTED TOTAL TAXABLE VALUE" OF A JOINT 8,764
VOCATIONAL SCHOOL DISTRICT SHALL BE DETERMINED BY ADDING THE 8,765
ADJUSTED TOTAL TAXABLE VALUES OF ALL ITS CONSTITUENT SCHOOL 8,766
DISTRICTS FOR THE APPLICABLE FISCAL YEAR. 8,767
(B) THE DEPARTMENT OF EDUCATION SHALL COMPUTE AND 8,769
DISTRIBUTE STATE BASE COST FUNDING TO EACH JOINT VOCATIONAL 8,770
SCHOOL DISTRICT FOR THE FISCAL YEAR IN ACCORDANCE WITH THE 8,771
FOLLOWING FORMULA:
(COST-OF-DOING-BUSINESS FACTOR X 8,773
195
FORMULA AMOUNT X THE GREATER OF FORMULA 8,774
ADM OR THREE-YEAR AVERAGE FORMULA ADM) - 8,775
(.0005 X ADJUSTED TOTAL TAXABLE VALUE) 8,776
IF THE DIFFERENCE OBTAINED UNDER THIS DIVISION IS A 8,778
NEGATIVE NUMBER, THE DISTRICT'S COMPUTATION SHALL BE ZERO. 8,779
(C)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 8,781
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 8,782
JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING 8,783
FORMULA:
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 8,785
TOTAL VOCATIONAL EDUCATION WEIGHT 8,786
(2) THE DEPARTMENT SHALL COMPUTE FOR EACH JOINT VOCATIONAL 8,789
SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL EDUCATION ASSOCIATED 8,790
SERVICES COSTS IN ACCORDANCE WITH THE FOLLOWING FORMULA: 8,791
STATE SHARE PERCENTAGE X .05 X 8,793
THE FORMULA AMOUNT X THE SUM OF 8,794
CATEGORIES ONE AND TWO VOCATIONAL 8,795
EDUCATION ADM 8,796
IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL DISTRICT 8,798
RECEIVING FUNDS UNDER DIVISION (C)(2) OF THIS SECTION, OR THROUGH 8,799
A TRANSFER OF FUNDS PURSUANT TO DIVISION (L) OF SECTION 3317.023 8,801
OF THE REVISED CODE, SHALL SPEND THOSE FUNDS ONLY FOR THE 8,802
PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 8,803
VOCATIONAL EDUCATION ASSOCIATED SERVICES EXPENSES, WHICH MAY 8,804
INCLUDE SUCH PURPOSES AS APPRENTICESHIP COORDINATORS,
COORDINATORS FOR OTHER VOCATIONAL EDUCATION SERVICES, VOCATIONAL 8,805
EVALUATION, AND OTHER PURPOSES DESIGNATED BY THE DEPARTMENT. THE 8,806
DEPARTMENT MAY DENY PAYMENT UNDER DIVISION (C)(2) OF THIS SECTION 8,807
TO ANY DISTRICT THAT THE DEPARTMENT DETERMINES IS NOT OPERATING 8,808
THOSE SERVICES OR IS USING FUNDS PAID UNDER DIVISION (C)(2) OF 8,809
THIS SECTION, OR THROUGH A TRANSFER OF FUNDS PURSUANT TO DIVISION 8,810
(L) OF SECTION 3317.023 OF THE REVISED CODE, FOR OTHER PURPOSES. 8,811
(D)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 8,813
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 8,814
196
FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH 8,815
THE FOLLOWING FORMULA: 8,816
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 8,818
TOTAL SPECIAL EDUCATION WEIGHT 8,819
(2)(a) AS USED IN THIS DIVISION, THE "PERSONNEL ALLOWANCE" 8,821
MEANS TWENTY-FIVE THOUSAND DOLLARS IN FISCAL YEAR 2000 AND THIRTY 8,822
THOUSAND DOLLARS IN FISCAL YEAR 2001. 8,823
(b) FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND 8,825
FOR NO OTHER PURPOSE, THE DEPARTMENT SHALL PAY EACH JOINT 8,826
VOCATIONAL SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE 8,828
FOLLOWING FORMULA:
(FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL 8,829
ALLOWANCE X STATE SHARE PERCENTAGE 8,830
(E) IF A JOINT VOCATIONAL SCHOOL DISTRICT'S COSTS FOR A 8,833
FISCAL YEAR FOR A STUDENT IN ITS CATEGORY THREE SPECIAL EDUCATION 8,834
ADM ARE TWENTY-FIVE THOUSAND DOLLARS OR MORE, THE DISTRICT MAY 8,835
SUBMIT TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION DOCUMENTATION, 8,836
AS PRESCRIBED BY THE SUPERINTENDENT, OF ALL OF ITS COSTS FOR THAT 8,837
STUDENT. UPON SUBMISSION OF DOCUMENTATION FOR A STUDENT OF THE 8,839
TYPE AND IN THE MANNER PRESCRIBED, THE DEPARTMENT SHALL PAY TO 8,840
THE DISTRICT AN AMOUNT EQUAL TO THE DISTRICT'S COSTS FOR THE 8,841
STUDENT IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS MULTIPLIED BY 8,842
THE DISTRICT'S STATE SHARE PERCENTAGE. 8,843
THE DISTRICT SHALL ONLY REPORT, AND THE DEPARTMENT SHALL 8,845
ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES AND THE RELATED 8,846
SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE WITH THE STUDENT'S 8,847
INDIVIDUALIZED EDUCATION PROGRAM. ANY LEGAL FEES, COURT COSTS, 8,848
OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF ACTION RELATING TO 8,849
THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT. 8,850
(F) EACH FISCAL YEAR, THE DEPARTMENT SHALL PAY EACH JOINT 8,852
VOCATIONAL SCHOOL DISTRICT AN AMOUNT FOR ADULT TECHNICAL AND 8,853
VOCATIONAL EDUCATION AND SPECIALIZED CONSULTANTS. 8,855
(G)(1) IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL 8,857
DISTRICT RECEIVING FUNDS UNDER DIVISION (D) OF THIS SECTION SHALL 8,858
197
SPEND ON THE RELATED SERVICES SPECIFIED IN DIVISION (B)(3) OF 8,860
SECTION 3317.022 OF THE REVISED CODE AT LEAST THE LESSER OF THE 8,861
FOLLOWING:
(a) THE AMOUNT THE DISTRICT SPENT ON THOSE RELATED 8,863
SERVICES IN THE PRECEDING FISCAL YEAR; 8,864
(b) 1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA 8,868
AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO 8,869
SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< + 8,871
THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (D)(1) 8,872
OF THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND 8,873
RELATED SERVICES ADDITIONAL WEIGHTED COSTS . 8,874
(2) A JOINT VOCATIONAL SCHOOL DISTRICT'S LOCAL SHARE OF 8,876
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 8,877
EQUALS:
(1 - STATE SHARE PERCENTAGE) X 8,879
TOTAL SPECIAL EDUCATION WEIGHT X 8,880
THE FORMULA AMOUNT 8,881
(H) IN ANY FISCAL YEAR, IF THE TOTAL OF ALL PAYMENTS MADE 8,883
TO A JOINT VOCATIONAL SCHOOL DISTRICT UNDER DIVISIONS (B) TO (D) 8,884
OF THIS SECTION AND DIVISION (R) OF SECTION 3317.024 OF THE 8,885
REVISED CODE IS LESS THAN THE AMOUNT THAT DISTRICT RECEIVED IN 8,887
FISCAL YEAR 1999 UNDER THE VERSION OF THIS SECTION IN EFFECT THAT 8,888
YEAR, PLUS THE AMOUNT THAT DISTRICT RECEIVED UNDER THE VERSION OF
SECTION 3317.162 OF THE REVISED CODE IN EFFECT THAT YEAR AND 8,889
MINUS THE AMOUNTS RECEIVED THAT YEAR FOR DRIVER EDUCATION AND 8,890
ADULT EDUCATION, THE DEPARTMENT SHALL PAY THE DISTRICT AN 8,891
ADDITIONAL AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THOSE TWO
AMOUNTS. 8,892
(I) IN FISCAL YEARS 2000 AND 2001, EACH JOINT VOCATIONAL 8,894
SCHOOL DISTRICT SHALL CONTINUE TO OFFER THE SAME NUMBER OF THE 8,895
VOCATIONAL EDUCATION PROGRAMS THAT THE DISTRICT OFFERED IN FISCAL 8,898
YEAR 1999, UNLESS THE DEPARTMENT OF EDUCATION EXPRESSLY AGREES 8,899
THAT THE DISTRICT MAY OFFER FEWER PROGRAMS IN EITHER OR BOTH
FISCAL YEAR 2000 OR 2001. 8,901
198
Sec. 3317.162. (A) As used in this section: 8,910
(1) "State share percentage" has the same meaning as in 8,912
section 3317.022 of the Revised Code. 8,913
(2) "Dollar amount" means the amount shown in the 8,915
following table for the corresponding type of unit and the 8,916
appropriate fiscal year: 8,917
DOLLAR AMOUNT 8,919
TYPE OF UNIT FY 1999 8,922
FY 2000 FY 2001 8,923
Division (B) of section 3317.05 8,924
of the Revised Code $8,334 $8,334 8,925
Division (C) of that section $3,234 $3,234 8,926
Division (F) of that section $3,550 8,927
$4,550 $5,550 8,928
(3) "Average unit amount" means the amount shown in the 8,931
following table for the corresponding type of unit and the 8,932
appropriate fiscal year: 8,933
AVERAGE UNIT AMOUNT 8,935
TYPE OF UNIT FY 1999 8,938
FY 2000 FY 2001 8,939
Division (B) of section 3317.05 8,940
of the Revised Code $7,799 $7,799 8,941
Division (C) of that section $2,966 $2,966 8,942
Division (F) of that section $3,251 8,943
$4,251 $5,251 8,944
(B) In the case of each unit described in division (B), 8,947
(C), or (F) of section 3317.05 of the Revised Code and allocated 8,949
to a city, local, or exempted village school district, the 8,950
department of education, in addition to the amounts specified in 8,952
division (P)(1) of section 3317.024 and sections 3317.16, 8,953
3317.161, and 3317.19 of the Revised Code, shall pay a 8,955
supplemental unit allowance equal to the sum of the following 8,956
amounts:
(1) An amount equal to 50% of the average unit amount for 8,958
199
the unit;
(2) An amount equal to the percentage of the dollar amount 8,960
for the unit that equals the district's state share percentage. 8,961
If, prior to the fifteenth day of May of a fiscal year, a 8,963
school district's aid computed under section 3317.022 of the 8,964
Revised Code is recomputed pursuant to section 3317.027 or 8,965
3317.028 of the Revised Code, the department shall also recompute 8,966
the district's entitlement to payment under this section 8,967
utilizing a new state share percentage. Such new state share 8,968
percentage shall be determined using the district's recomputed 8,969
basic aid amount pursuant to section 3317.027 or 3317.028 of the 8,970
Revised Code. During the last six months of the fiscal year, the 8,971
department shall pay the district a sum equal to one-half of the 8,972
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 8,973
(C)(1) In the case of each unit allocated to a joint 8,975
vocational school district or AN institution pursuant to division 8,976
(A) of section 3317.05 of the Revised Code, the department, in 8,978
addition to the amount specified in section 3317.16 or 3317.161 8,979
of the Revised Code, shall pay a supplemental unit allowance of 8,980
$7,227 in fiscal year 1999. 8,981
(2) In the case of each unit described in division (B) or 8,983
(D)(1) of section 3317.05 of the Revised Code that is allocated 8,985
to any entity other than a city, exempted village, or local 8,986
school district, the department, in addition to the amount 8,987
specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $7,799 in fiscal year 1999. 8,988
(3) In the case of each unit described in division (C) or 8,991
(D)(2) of section 3317.05 of the Revised Code and allocated to 8,992
any entity other than a city, exempted village, or local school 8,993
district, the department, in addition to the amounts specified in 8,994
section 3317.161 of the Revised Code, shall pay a supplemental 8,995
unit allowance of $2,966 in fiscal year 1999.
(4) In the case of each unit described in division (F) of 8,998
200
section 3317.05 of the Revised Code and allocated to any entity 8,999
other than a city, exempted village, or local school district AN 9,000
EDUCATIONAL SERVICE CENTER, the department, in addition to the 9,001
amounts specified in DIVISION (P) OF section 3317.161 3317.024 of 9,003
the Revised Code, shall pay a supplemental unit allowance of 9,004
$3,251 4,251 in fiscal year 1999 2000 AND $5,251 IN FISCAL YEAR 9,005
2001.
Sec. 3317.19. (A) As used in this section, "total unit 9,014
allowance" means an amount equal to the sum of the following: 9,015
(1) The total of the salary allowances for the teachers 9,017
employed in the cooperative education school district for all 9,018
units approved under division (B) or (C) of section 3317.05 of 9,019
the Revised Code. The salary allowance for each unit shall equal 9,020
the minimum salary for the teacher of the unit calculated on the 9,021
basis of the teacher's training level and years of experience 9,022
pursuant to section 3317.13 of the Revised Code. 9,023
(2) Fifteen per cent of the total computed under division 9,026
(A)(1) of this section;
(3) The total of the unit operating allowances for all 9,028
approved units. The amount of each allowance shall equal one of 9,030
the following:
(a) Eight thousand twenty-three dollars times the number 9,032
of preschool handicapped units or fraction thereof approved for 9,033
the year under division (B) of section 3317.05 of the Revised 9,034
Code; 9,035
(b) Two thousand one hundred thirty-two dollars times the 9,037
number of units or fraction thereof approved for the year under 9,038
division (C) of section 3317.05 of the Revised Code. 9,039
(B) The state board of education shall compute and 9,041
distribute to each cooperative education school district for each 9,042
fiscal year an amount equal to the sum of the following: 9,043
(1) An amount equal to the total of the amounts credited 9,045
to the cooperative education school district pursuant to division 9,046
(K) of section 3317.023 of the Revised Code; 9,047
201
(2) The total unit allowance; 9,049
(3) An amount for driver education pursuant to division 9,051
(I) of section 3317.024 of the Revised Code; 9,052
(4) An amount for assisting in providing free lunches to 9,054
needy children and an amount for assisting needy school districts 9,055
in purchasing necessary equipment for food preparation pursuant 9,056
to division (K) of section 3317.024 of the Revised Code. 9,057
(C) If a cooperative education school district has had 9,060
additional special education units approved for the year under 9,061
division (F)(2) of section 3317.03 of the Revised Code, the 9,062
district shall receive an additional amount during the last half 9,063
of the fiscal year. For each unit, the additional amount shall 9,064
equal fifty per cent of the amount computed under division (A) of 9,066
this section for a unit approved under division (B) of section 9,067
3317.05 of the Revised Code.
Sec. 3317.51. (A) The distance learning fund is hereby 9,076
created in the state treasury. The fund shall consist of moneys 9,077
paid to the information, learning, and technology authority OHIO 9,078
SCHOOLNET COMMISSION by any telephone company as a part of a 9,080
settlement agreement between such company and the public 9,081
utilities commission in fiscal year 1995 in part to establish 9,082
distance learning throughout the state. The authority shall 9,083
administer the fund and expend moneys from it to finance 9,084
technology grants to eligible schools chartered by the state 9,085
board of education to establish distance learning in those 9,086
schools. Chartered schools are eligible for funds if they are 9,087
within the service area of the telephone company. Investment 9,088
earnings of the fund shall be credited to the fund.
(B) For purposes of this section, "distance learning" 9,090
means the creation of a learning environment involving a school 9,091
setting and at least one other location outside of the school 9,092
which allows for information available at one site to be accessed 9,093
at the other through the use of such educational applications as 9,094
one-way or two-way transmission of data, voice, and video,
202
singularly or in appropriate combinations. 9,095
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of 9,104
the Revised Code: 9,105
(A) "Ohio school facilities commission" means the 9,108
commission created pursuant to section 3318.30 of the Revised 9,109
Code.
(B) "Classroom facilities" means rooms in which pupils 9,111
regularly assemble in public school buildings to receive 9,112
instruction and education and such facilities and building 9,113
improvements for the operation and use of such rooms as may be 9,114
needed in order to provide a complete educational program, and 9,115
may include space within which a child day-care facility or a 9,116
community resource center is housed. 9,117
(C) "Project" means a project to construct or acquire 9,119
classroom facilities, or to reconstruct or make additions to 9,121
existing classroom facilities, to be used for housing the 9,122
applicable school district and its functions.
(D) "School district" means a local, exempted village, or 9,124
city school district as such districts are defined in Chapter 9,125
3311. of the Revised Code, acting as an agency of state 9,126
government, performing essential governmental functions of state 9,127
government pursuant to sections 3318.01 and 3318.20 of the 9,128
Revised Code.
(E) "School district board" means the board of education 9,130
of a school district. 9,131
(F) "Net bonded indebtedness" means the difference between 9,133
the sum of the par value of all outstanding and unpaid bonds and 9,134
notes which a school district board is obligated to pay, any 9,136
amounts the school district is obligated to pay under 9,137
lease-purchase agreements entered into under section 3313.375 of 9,138
the Revised Code, and the par value of bonds authorized by the 9,139
electors but not yet issued, the proceeds of which can lawfully 9,140
be used for the project, and the amount held in the sinking fund 9,141
and other indebtedness retirement funds for their redemption. 9,142
203
Notes issued for school buses in accordance with section 3327.08 9,143
of the Revised Code, notes issued in anticipation of the 9,144
collection of current revenues, and bonds issued to pay final 9,145
judgments shall not be considered in calculating the net bonded 9,146
indebtedness.
"Net bonded indebtedness" does not include indebtedness 9,148
arising from the acquisition of land to provide a site for 9,149
classroom facilities constructed, acquired, or added to pursuant 9,150
to sections 3318.01 to 3318.20 of the Revised Code. 9,151
(G) "Board of elections" means the board of elections of 9,153
the county containing the most populous portion of the school 9,154
district. 9,155
(H) "County auditor" means the auditor of the county in 9,157
which the greatest value of taxable property of such school 9,158
district is located. 9,159
(I) "Tax duplicates" means the general tax lists and 9,161
duplicates prescribed by sections 319.28 and 319.29 of the 9,162
Revised Code. 9,163
(J) "Required level of indebtedness" means: 9,165
(1) In the case of districts in the first percentile, five 9,168
per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE 9,169
YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER 9,170
SECTION 3318.04 OF THE REVISED CODE.
(2) In the case of districts ranked in a subsequent 9,172
percentile, five per cent of THE DISTRICT'S valuation FOR THE 9,173
YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED 9,174
THE PROJECT UNDER SECTION 3318.04 OF THE REVISED CODE, plus [two 9,175
one-hundredths of one per cent multiplied by (the percentile in 9,176
which the district ranks minus one)<.
(K) "Required percentage of the basic project costs" means 9,178
one per cent of the basic project costs times the percentile in 9,180
which the district ranks.
(L) "Basic project cost" means a cost amount determined in 9,182
accordance with rules adopted under section 111.15 of the Revised 9,183
204
Code by the Ohio school facilities commission. The basic project 9,186
cost calculation shall take into consideration the square footage
and cost per square foot necessary for the grade levels to be 9,187
housed in the classroom facilities, the variation across the 9,188
state in construction and related costs, the cost of the 9,189
installation of site utilities and site preparation, the cost of 9,190
insuring the project until it is completed, and the professional 9,192
planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project. 9,193
(M) A "SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 9,196
COST" MEANS THE AMOUNT DETERMINED UNDER SECTION 3318.032 OF THE 9,197
REVISED CODE. 9,198
(N) "Child day-care facility" means space within a 9,201
classroom facility in which the needs of infants, toddlers, 9,202
preschool children, and school children are provided for by 9,203
persons other than the parent or guardian of such children for 9,204
any part of the day, including persons not employed by the school
district operating such classroom facility. 9,205
(N)(O) "Community resource center" means space within a 9,208
classroom facility in which comprehensive services that support 9,209
the needs of families and children are provided by 9,210
community-based social service providers. 9,211
(O)(P) "Valuation" means the total value of all property 9,213
in the district as listed and assessed for taxation on the tax 9,215
duplicates.
(P)(Q) "Percentile" means the percentile in which the 9,217
district is ranked pursuant to division (C)(D) of section 9,219
3318.011 of the Revised Code. 9,220
(Q)(R) "Installation of site utilities" means the 9,222
installation of a site domestic water system, site fire 9,224
protection system, site gas distribution system, site sanitary 9,225
system, site storm drainage system, and site telephone and data 9,226
system.
(R)(S) "Site preparation" means the earthwork necessary 9,229
205
for preparation of the building foundation system, the paved 9,230
pedestrian and vehicular circulation system, playgrounds on the 9,231
project site, and lawn and planting on the project site. 9,232
Sec. 3318.011. For purposes of providing assistance under 9,241
sections 3318.01 to 3318.20 of the Revised Code, the department 9,242
of education shall annually do all of the following: 9,243
(A) Calculate the adjusted valuation per pupil of each 9,245
city, local, and exempted village school district according to 9,246
the FOLLOWING formula set forth in section 3317.0213 of the 9,247
Revised Code;: 9,248
THE DISTRICT'S VALUATION PER PUPIL - 9,249
[$30,000 X (1 - THE DISTRICT'S INCOME FACTOR)<. 9,251
FOR PURPOSES OF THIS CALCULATION: 9,253
(1) "VALUATION PER PUPIL" FOR A DISTRICT MEANS ITS AVERAGE 9,255
TAXABLE VALUE, DIVIDED BY ITS FORMULA ADM REPORTED UNDER SECTION 9,256
3317.03 OF THE REVISED CODE FOR THE PREVIOUS FISCAL YEAR. 9,258
(2) "AVERAGE TAXABLE VALUE" MEANS THE AVERAGE OF THE 9,260
AMOUNTS CERTIFIED FOR A DISTRICT IN THE SECOND, THIRD, AND FOURTH 9,261
PRECEDING FISCAL YEARS UNDER DIVISIONS (A)(1) AND (2) OF SECTION 9,262
3317.021 OF THE REVISED CODE. 9,263
(3) "INCOME FACTOR" HAS THE SAME MEANING AS IN SECTION 9,265
3317.02 OF THE REVISED CODE. 9,266
(B) CALCULATE THE THREE-YEAR AVERAGE ADJUSTED VALUATION 9,268
PER PUPIL OF EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 9,269
DISTRICT FOR THE PRECEDING THREE FISCAL YEARS; 9,270
(C) Rank all such districts in order of adjusted valuation 9,272
per pupil from the district with the lowest THREE-YEAR AVERAGE 9,273
adjusted valuation per pupil to the district with the highest 9,275
THREE-YEAR AVERAGE adjusted valuation per pupil; 9,277
(C)(D) Divide such ranking into percentiles with the first 9,280
percentile containing the one per cent of school districts having 9,281
the lowest THREE-YEAR AVERAGE adjusted valuation VALUATIONS per 9,282
pupil and the one-hundredth percentile containing the one per 9,283
cent of school districts having the highest THREE-YEAR AVERAGE 9,284
206
adjusted valuation VALUATIONS per pupil; 9,285
(D)(E) Determine the school districts that have an 9,287
THREE-YEAR AVERAGE adjusted valuation VALUATIONS per pupil that 9,289
is ARE greater than the median THREE-YEAR AVERAGE adjusted 9,290
valuation per pupil for all school districts in the state; 9,291
(E)(F) Certify the information described in divisions (A) 9,293
to (D)(E) of this section to the Ohio school facilities 9,294
commission. 9,295
Sec. 3318.021. NOTWITHSTANDING SECTION 3318.02 OF THE 9,297
REVISED CODE, THE OHIO SCHOOL FACILITIES COMMISSION ANNUALLY MAY 9,298
CONDUCT ON-SITE VISITS TO NO MORE THAN FIVE SCHOOL DISTRICTS IN 9,299
THE TWENTIETH TO FORTIETH PERCENTILES AS DETERMINED UNDER SECTION 9,300
3318.011 OF THE REVISED CODE, IF A DISTRICT BOARD ADOPTS A 9,302
RESOLUTION CERTIFYING TO THE COMMISSION THE BOARD'S INTENT TO 9,303
PARTICIPATE IN THE SCHOOL BUILDING ASSISTANCE EXPEDITED LOCAL 9,304
PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE. 9,306
Sec. 3318.032. THE PORTION OF THE BASIC PROJECT COST 9,308
SUPPLIED BY THE SCHOOL DISTRICT SHALL BE THE GREATER OF: 9,309
(A) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 9,311
DETERMINED BASED ON THE DISTRICT'S PERCENTILE RANKING AT THE TIME 9,312
THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04 9,314
OF THE REVISED CODE;
(B) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 9,316
BONDED INDEBTEDNESS, AS OF THE DATE THE CONTROLLING BOARD 9,317
APPROVED THE PROJECT, TO WITHIN FIVE THOUSAND DOLLARS OF THE
REQUIRED LEVEL OF INDEBTEDNESS. 9,318
THE AMOUNT OF THE DISTRICT'S SHARE DETERMINED UNDER THIS 9,320
SECTION SHALL BE CALCULATED ONLY AS OF THE DATE THE CONTROLLING 9,321
BOARD APPROVED THE PROJECT, AND THAT AMOUNT APPLIES THROUGHOUT 9,322
THE ONE-YEAR PERIOD PERMITTED UNDER SECTION 3318.05 OF THE 9,323
REVISED CODE FOR THE DISTRICT'S ELECTORS TO APPROVE THE 9,324
PROPOSITIONS DESCRIBED IN THAT SECTION. IF THE AMOUNT RESERVED 9,325
AND ENCUMBERED FOR A PROJECT IS RELEASED BECAUSE THE ELECTORS DO 9,326
NOT APPROVE THOSE PROPOSITIONS WITHIN THAT YEAR, AND THE SCHOOL 9,327
207
DISTRICT LATER RECEIVES THE CONTROLLING BOARD'S APPROVAL FOR THE 9,328
PROJECT, THE DISTRICT'S PORTION SHALL BE RECALCULATED IN 9,329
ACCORDANCE WITH THIS SECTION AS OF THE DATE OF THE CONTROLLING 9,330
BOARD'S SUBSEQUENT APPROVAL.
Sec. 3318.05. The conditional approval of the Ohio school 9,339
facilities commission for a project shall lapse and the amount 9,341
reserved and encumbered for such project shall be released unless 9,342
the school district board accepts such conditional approval 9,343
within one hundred twenty days following the date of 9,344
certification of the conditional approval to the school district 9,345
board and the electors of the school district vote favorably on 9,347
both of the propositions described in divisions (A) and (B) of 9,348
this section within one year of the date of such certification, 9,349
EXCEPT THAT A SCHOOL DISTRICT DESCRIBED IN DIVISION (C) OF THIS 9,350
SECTION DOES NOT NEED TO SUBMIT THE PROPOSITION DESCRIBED IN 9,351
DIVISION (B) OF THIS SECTION. The propositions described in 9,353
divisions (A) and (B) of this section shall be combined in a 9,354
single proposal. If the district board or the district's 9,355
electors fail to meet such requirements and the amount reserved 9,356
and encumbered for the district's project is released, the 9,357
district shall be given first priority for project funding as
such funds become available. 9,358
(A) On the question of issuing bonds of the school 9,360
district board, for the school district's portion of the basic 9,361
project cost, in either whatever amount may be necessary to raise 9,362
the net bonded indebtedness of the school district to within five 9,364
thousand dollars of the required level of indebtedness calculated 9,365
for the year preceding the year in which the resolution declaring 9,366
the necessity of the election is adopted, or an amount equal to 9,369
the required percentage SCHOOL DISTRICT'S PORTION of the basic 9,371
project costs, whichever is greater COST; and
(B) On the question of levying a tax the proceeds of which 9,374
shall be used to pay the cost of maintaining the classroom 9,375
facilities included in the project, except that in any year the
208
district's THREE-YEAR AVERAGE adjusted valuation per pupil is 9,376
greater than the state-wide median THREE-YEAR AVERAGE adjusted 9,379
valuation per pupil, one-half of the proceeds of the tax shall be 9,380
used for such maintenance and one-half of such proceeds shall be 9,381
used to pay the cost of the purchase of the classroom facilities 9,382
from PAID TO the state under the provisions of sections 3318.01 9,384
to 3318.20 of the Revised Code. Such tax shall be at the rate of 9,385
one-half mill for each dollar of valuation until the purchase 9,386
price is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF 9,387
THE PROJECT COST SUPPLIED BY THE STATE, but in no case longer 9,389
than twenty-three years. Proceeds 9,390
(C) IF A SCHOOL DISTRICT HAS IN PLACE A TAX LEVIED UNDER 9,393
SECTION 5705.21 OF THE REVISED CODE FOR GENERAL ONGOING PERMANENT 9,394
IMPROVEMENTS OF AT LEAST TWO MILLS FOR EACH DOLLAR OF VALUATION 9,395
AND THE PROCEEDS OF SUCH TAX CAN BE USED FOR MAINTENANCE, THE 9,396
SCHOOL DISTRICT NEED NOT LEVY THE ADDITIONAL TAX REQUIRED UNDER 9,398
DIVISION (B) OF THIS SECTION, PROVIDED THE SCHOOL DISTRICT BOARD 9,399
INCLUDES IN THE AGREEMENT ENTERED INTO UNDER SECTION 3318.08 OF 9,400
THE REVISED CODE PROVISIONS EARMARKING AN AMOUNT FROM THE 9,401
PROCEEDS OF THAT PERMANENT IMPROVEMENT TAX FOR MAINTENANCE OF 9,403
CLASSROOM FACILITIES OR FOR PAYMENTS TO THE STATE EQUIVALENT TO 9,405
THE AMOUNT OF THE ADDITIONAL TAX AND FOR THE EQUIVALENT NUMBER OF 9,406
YEARS OTHERWISE REQUIRED UNDER THIS SECTION.
(D) PROCEEDS of the tax to be used for maintenance of the 9,409
classroom facilities UNDER EITHER DIVISION (B) OR (C) OF THIS 9,410
SECTION shall be deposited into a separate fund established by 9,411
the school district for such purpose.
Sec. 3318.06. After receipt of the conditional approval of 9,420
the Ohio school facilities commission, the school district board 9,422
by a majority of all of its members shall, if it desires to 9,423
proceed with the project, declare all of the following by 9,424
resolution:
(A) That with a net bonded indebtedness of within five 9,426
thousand dollars of the required level of indebtedness or by 9,427
209
issuing bonds in an amount equal to the required percentage 9,428
SCHOOL DISTRICT'S PORTION of the BASIC project costs COST, the 9,430
district is unable to provide adequate classroom facilities 9,432
without assistance from the state;
(B) That to qualify for such state assistance it is 9,434
necessary to levy DO EITHER OF THE FOLLOWING: 9,435
(1) LEVY a tax outside the ten-mill limitation the 9,437
proceeds of which shall be used to pay the cost of maintaining 9,439
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 9,440
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 9,441
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 9,442
the tax shall be used for such maintenance and one-half of such 9,443
proceeds shall be used to pay the cost of the purchase of the 9,444
classroom facilities from PAID TO the state; 9,445
(2) EARMARK FOR MAINTENANCE OF CLASSROOM FACILITIES OR FOR 9,448
PAYMENTS TO THE STATE FROM THE PROCEEDS OF AN EXISTING PERMANENT 9,449
IMPROVEMENT TAX LEVIED UNDER SECTION 5705.21 OF THE REVISED CODE, 9,451
IF SUCH TAX IS OF AT LEAST TWO MILLS FOR EACH DOLLAR OF VALUATION 9,452
AND CAN BE USED FOR MAINTENANCE, AN AMOUNT EQUIVALENT TO THE 9,453
AMOUNT OF THE ADDITIONAL TAX OTHERWISE REQUIRED UNDER THIS
SECTION AND SECTIONS 3318.05 AND 3318.08 OF THE REVISED CODE. 9,455
(C) That the question of such ANY tax levy SPECIFIED IN A 9,457
RESOLUTION DESCRIBED IN DIVISION (B)(1) OF THIS SECTION shall be 9,458
submitted to the electors of the school district at the next 9,460
general or primary election, if there be a general or primary 9,461
election not less than seventy-five and not more than ninety-five 9,462
days after the day of the adoption of such resolution or, if not, 9,463
at a special election to be held at a time specified in the 9,464
resolution which shall be not less than seventy-five days after 9,465
the day of the adoption of the resolution and which shall be in 9,466
accordance with the requirements of section 3501.01 of the 9,467
Revised Code.
Such resolution shall also state that the question of 9,470
210
issuing bonds of the board shall be combined in a single proposal 9,471
with the question of such tax levy. More than one election under 9,472
this section may be held in any one calendar year. Such 9,473
resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be 9,475
at the rate of one-half mill for each one dollar of valuation, 9,476
and that such tax shall be levied until the purchase price is 9,478
paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 9,480
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 9,482
twenty-three years;
(2) That the proceeds of the tax shall be used to pay the 9,484
cost of maintaining the classroom facilities included in the 9,485
project, except in any year the district's THREE-YEAR AVERAGE 9,486
adjusted valuation per pupil is greater than the statewide median 9,488
THREE-YEAR AVERAGE adjusted valuation per pupil, one-half of the 9,489
proceeds of the tax shall be used for such maintenance and 9,490
one-half of the proceeds of the tax shall be used to pay the cost 9,491
of the purchase of the classroom facilities from PAID TO the 9,492
state under sections 3318.01 to 3318.20 of the Revised Code. 9,493
A copy of such resolution shall after its passage and not 9,495
less than seventy-five days prior to the date set therein for the 9,496
election be certified to the county board of elections. 9,497
The resolution of the school district board, in addition to 9,501
meeting other applicable requirements of section 133.18 of the 9,502
Revised Code, shall state that the amount of bonds to be issued 9,503
will be either whatever amount may be necessary to raise the net 9,504
bonded indebtedness of the school district to within five 9,505
thousand dollars of the required level of indebtedness calculated 9,506
for the year preceding the year in which such resolution is 9,507
adopted or an amount equal to the required percentage SCHOOL 9,509
DISTRICT'S PORTION of the basic project costs COST, whichever is 9,510
greater and state that the maximum maturity of the bonds which, 9,511
notwithstanding section 133.20 of the Revised Code, may be any 9,512
number of years not exceeding twenty-three as determined by the 9,513
211
board. In estimating the amount of bonds to be issued, the board 9,514
shall take into consideration the amount of moneys then in the 9,515
bond retirement fund and the amount of moneys to be collected for 9,516
and disbursed from the bond retirement fund during the remainder 9,517
of the year in which the resolution of necessity is adopted. 9,518
Notice of the election shall include the fact that the tax 9,520
levy shall be at the rate of one-half mill for each one dollar of 9,521
valuation, that the levy shall be made until the purchase price 9,523
is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 9,524
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 9,527
twenty-three years, and that the proceeds of the tax shall be 9,528
used to pay the cost of maintaining the classroom facilities 9,529
included in the project, except in any year the district's 9,530
THREE-YEAR AVERAGE adjusted valuation per pupil is greater than 9,531
the statewide median THREE-YEAR AVERAGE adjusted valuation per 9,532
pupil, one-half of the proceeds of the tax shall be used for such 9,534
maintenance and one-half of the proceeds of the tax shall be used 9,535
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 9,537
Revised Code.
The form of the ballot to be used at such election shall 9,539
be: 9,540
"A majority affirmative vote is necessary for passage. 9,542
Shall bonds be issued by the Board of Education of the 9,544
............ (here insert name of school district) for the 9,545
purpose of ............ (here insert purpose of bond issue) in 9,546
either an amount sufficient to raise the net indebtedness of the 9,547
school district to within five thousand dollars of ............ 9,548
(here insert five, six, or seven per cent depending on the 9,549
district's required level of indebtedness) of the total value of 9,550
all property in the school district as listed and assessed for 9,551
taxation on the tax duplicate for the year ............ (here 9,552
insert the year preceding the year in which the resolution 9,553
declaring the necessity of the election was adopted) or an amount 9,555
212
equal to ............ (here insert the required percentage of the 9,556
basic project costs), whichever is greater, and a levy of taxes 9,557
be made outside of the ten-mill limitation for a maximum period 9,558
of ............ (here insert longest maturity) years to pay the 9,559
principal and interest of such bonds, the amount of such bonds 9,560
being estimated to be ............ (here insert estimated amount 9,561
of bond issue) for which the levy of taxes is estimated by the 9,562
county auditor to average ............ (here insert number of 9,563
mills) mills for each one dollar of valuation, which amounts to 9,564
............ (here insert rate expressed in dollars and cents) 9,565
for each one hundred dollars of valuation SCHOOL DISTRICT TO PAY 9,567
THE LOCAL SHARE OF SCHOOL CONSTRUCTION UNDER THE STATE OF OHIO 9,568
CLASSROOM FACILITIES ASSISTANCE PROGRAM IN THE PRINCIPAL AMOUNT 9,570
OF ............ (HERE INSERT PRINCIPAL AMOUNT OF THE BOND ISSUE), 9,571
TO BE REPAID ANNUALLY OVER A MAXIMUM PERIOD OF ............ (HERE 9,572
INSERT THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF 9,573
THE BONDS MAY BE PAID) YEARS, AND AN ANNUAL LEVY OF PROPERTY 9,574
TAXES BE MADE OUTSIDE THE TEN-MILL LIMITATION, ESTIMATED BY THE 9,575
COUNTY AUDITOR TO AVERAGE OVER THE REPAYMENT PERIOD OF THE BOND 9,576
ISSUE ............ (HERE INSERT THE NUMBER OF MILLS ESTIMATED) 9,577
MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO 9,578
............ (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH 9,579
AS "THIRTY-SIX CENTS" OR "$0.36") FOR EACH ONE HUNDRED DOLLARS OF 9,580
TAX VALUATION TO PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO 9,581
PAY DEBT CHARGES ON ANY NOTES ISSUED IN ANTICIPATION OF THE 9,582
BONDS?"
and, UNLESS THE ADDITIONAL LEVY 9,583
OF TAXES IS NOT REQUIRED PURSUANT 9,584
TO DIVISION (C) OF SECTION 9,585
3318.05 OF THE REVISED CODE, 9,586
"Shall an additional levy of taxes be made for the A PERIOD 9,588
NOT TO EXCEED TWENTY-THREE YEARS TO benefit of the ............ 9,589
(HERE INSERT name of school district) SCHOOL DISTRICT, the 9,590
proceeds of which shall be used to pay the cost of maintaining 9,593
213
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 9,594
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 9,596
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 9,598
the tax shall be used for such maintenance and one-half of such 9,599
proceeds shall be used to pay the cost of the purchase of 9,600
classroom facilities from PAID TO the state, at the rate of 9,602
one-half mill for each one dollar of valuation until the purchase 9,603
price is paid but in no case longer than twenty-three years? 9,604
_______________________________________________ 9,606
FOR THE BOND ISSUE AND TAX LEVY 9,607
_______________________________________________ 9,608
AGAINST THE BOND ISSUE AND TAX LEVY 9,609
_______________________________________________ " 9,610
(D) If it is necessary for the school district to acquire 9,613
a site for the classroom facilities to be acquired pursuant to 9,614
sections 3318.01 to 3318.20 of the Revised Code, the district 9,615
board may propose either to issue bonds of the board or to levy a 9,616
tax to pay for the acquisition of such site, and may combine the 9,617
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 9,618
purpose of acquiring a site are a general obligation of the 9,619
school district and are Chapter 133. securities. 9,620
The form of that portion of the ballot to include the 9,622
question of either issuing bonds or levying a tax for site 9,623
acquisition purposes shall be one of the following: 9,624
(1) "Shall bonds be issued by the board of education of 9,626
the ............ (HERE INSERT name of the school district) for 9,627
the purpose of .......... (purpose of the bond issue, which shall 9,629
be for the purpose SCHOOL DISTRICT TO PAY COSTS of acquiring a 9,630
site for classroom facilities) UNDER THE STATE OF OHIO CLASSROOM 9,631
FACILITIES ASSISTANCE PROGRAM in the principal amount of 9,633
.......... (HERE INSERT principal amount of the bond issue), to 9,634
be repaid annually over a maximum period of .......... (HERE 9,635
214
INSERT maximum number of years over which the principal of the 9,636
bonds may be paid) years, and an annual levy of property taxes be 9,637
made outside the ten-mill limitation, estimated by the county 9,638
auditor to average over the repayment period of the bond issue 9,639
.......... (HERE INSERT number of mills) mills for each one
dollar of tax valuation, which amount to .......... (HERE INSERT 9,640
rate expressed in CENTS OR dollars and cents, SUCH AS "THIRTY-SIX 9,641
CENTS" OR "$0.36") for each one hundred dollars of valuation TO 9,643
PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO PAY DEBT CHARGES
ON ANY NOTES ISSUED IN ANTICIPATION OF THE BONDS?" 9,644
(2) "Shall an additional levy of taxes OUTSIDE THE 9,646
TEN-MILL LIMITATION be made for the benefit of the .......... 9,647
(HERE INSERT name of the school district) .......... SCHOOL 9,648
DISTRICT for the purpose ......... (purpose of the levy, which 9,649
shall be for the purpose of acquiring a site for classroom 9,650
facilities) in the sum of ......... (HERE INSERT annual amount 9,651
the levy is to produce) and a levy of taxes to be made outside of 9,652
the ten-mill limitation estimated by the county auditor to 9,653
average ........ (HERE INSERT number of mills) mills for each one 9,654
hundred dollars of valuation, for a period of ......... (HERE 9,656
INSERT number of years the millage is to be imposed) years?" 9,657
Where it is necessary to combine the question of issuing 9,659
bonds of the school district and levying a tax as described in 9,660
division (C) of this section with the question of issuing bonds 9,661
of the school district for acquisition of a site, the question 9,662
specified in division (C) of this section to be voted on shall be 9,663
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." 9,664
Where it is necessary to combine the question of issuing 9,666
bonds of the school district and levying a tax as described in 9,667
division (C) of this section with the question of levying a tax 9,668
for the acquisition of a site, the question specified in division 9,669
(C) of this section to be voted on shall be "For the Bond Issue 9,670
and the Tax Levies" and "Against the Bond Issue and the Tax
215
Levies." 9,671
If a majority of those voting upon a proposition hereunder 9,673
which includes the question of issuing bonds vote in favor 9,674
thereof, and if the agreement provided for by section 3318.08 of 9,675
the Revised Code has been entered into, the school district board 9,676
may proceed under Chapter 133. of the Revised Code, with the 9,677
issuance of bonds or bond anticipation notes in accordance with 9,678
the terms of the agreement. 9,679
Sec. 3318.08. If the requisite favorable vote on the 9,688
election is obtained, the Ohio school facilities commission, upon 9,690
certification of the results of the election to it, shall enter 9,691
into a written agreement with the school district board for the 9,692
construction and sale of the project, which agreement shall 9,693
include, but need not be limited to, the following provisions: 9,694
(A) The sale and issuance of bonds or notes in 9,696
anticipation thereof, as soon as practicable after the execution 9,697
of the agreement, in either an amount which will raise the net 9,699
bonded indebtedness of the school district, as of the date of the 9,700
resolution authorizing the issuance of such bonds or notes, to 9,702
within five thousand dollars of the required level of 9,703
indebtedness calculated for the year preceding the year in which 9,704
the resolution declaring the necessity of the election was 9,706
adopted or an amount equal to the required percentage SCHOOL 9,708
DISTRICT'S PORTION of the basic project costs, whichever is 9,709
greater COST; provided, that if at that time the county treasurer 9,710
of each county in which the school district is located has not 9,712
commenced the collection of taxes on the general duplicate of 9,713
real and public utility property for such THE year IN WHICH THE 9,714
CONTROLLING BOARD APPROVED THE PROJECT, the school district board 9,715
shall authorize the issuance of a first installment of bond 9,716
anticipation notes in an amount specified by the agreement, which 9,717
amount shall not exceed an amount necessary to raise the net 9,718
bonded indebtedness of the school district as to OF the date of 9,719
such authorizing resolution THE CONTROLLING BOARD'S APPROVAL to 9,721
216
within five thousand dollars of the required level of 9,723
indebtedness for the preceding year. In the event that a first 9,724
installment of bond anticipation notes is issued, the school 9,725
district board shall, as soon as practicable after the county 9,726
treasurer of each county in which the school district is located 9,727
has commenced the collection of taxes on the general duplicate of 9,728
real and public utility property for the year in which the 9,729
resolution declaring the necessity of the election was adopted 9,730
CONTROLLING BOARD APPROVED THE PROJECT, authorize the issuance of 9,731
a second and final installment of bond anticipation notes or a 9,732
first and final issue of bonds. The 9,733
THE combined value of the first and second installment of 9,736
bond anticipation notes or the value of the first and final issue 9,737
of bonds shall be equal to either an amount which will raise the 9,738
net indebtedness of the school district as of the date of such 9,739
authorizing resolution to within five thousand dollars of the 9,741
required level of indebtedness, or an amount equal to the 9,743
required percentage SCHOOL DISTRICT'S PORTION of the BASIC 9,744
project costs, whichever is greater COST. The proceeds of any 9,745
such bonds shall be used first to retire any bond anticipation 9,747
notes. Otherwise, the proceeds of such bonds and of any bond 9,748
anticipation notes, except the premium and accrued interest 9,749
thereon, shall be deposited in the school district's project 9,750
construction fund. In determining the amount of net BONDED 9,751
indebtedness for the purpose of fixing the amount of an issue of 9,752
either bonds or bond anticipation notes, gross indebtedness shall 9,753
be reduced by moneys in the bond retirement fund only to the 9,754
extent of the moneys therein on the first day of the year 9,755
preceding the year in which the resolution authorizing such bonds 9,756
or notes is adopted CONTROLLING BOARD APPROVED THE PROJECT. 9,757
Should there be a decrease in the tax valuation of the school 9,759
district so that the amount of indebtedness which THAT can be 9,761
incurred on the tax duplicates for the year in which the
resolution declaring the necessity of the election was adopted 9,762
217
CONTROLLING BOARD APPROVED THE PROJECT is less than the amount of 9,764
the first installment of bond anticipation notes, there shall be 9,765
paid from the school district's project construction fund to the 9,766
school district's bond retirement fund to be applied against such 9,768
notes an amount sufficient to cause the net BONDED indebtedness 9,769
of the school district, as of the first day of the year following 9,770
the year in which the resolution declaring the necessity of the 9,771
election was adopted CONTROLLING BOARD APPROVED THE PROJECT, to 9,773
be within five thousand dollars of the required level of
indebtedness for the year in which that resolution was adopted 9,774
THE CONTROLLING BOARD APPROVED THE PROJECT. The maximum amount 9,777
of indebtedness to be incurred by any school district board as 9,778
its share of the cost of the project is either an amount which 9,779
THAT will cause its net BONDED indebtedness, as of the first day 9,781
of the year following the year in which the resolution declaring 9,782
the necessity of the bond issue was adopted CONTROLLING BOARD
APPROVED THE PROJECT, to be within five thousand dollars of the 9,784
required level of indebtedness calculated for the year preceding 9,785
the year in which that resolution was adopted, or an amount equal 9,788
to the required percentage of the basic project costs, whichever 9,789
is greater. All bonds and bond anticipation notes shall be 9,790
issued in accordance with Chapter 133. of the Revised Code, and 9,791
notes may be renewed as provided in section 133.22 of the Revised 9,792
Code.
(B) The transfer of such funds of the school district 9,794
board available for the project, together with the proceeds of 9,795
the sale of the bonds or notes, except premium, accrued interest, 9,796
and interest included in the amount of the issue, to the school 9,797
district's project construction fund; 9,798
(C) EITHER OF THE FOLLOWING: 9,800
(1) The levy of the tax authorized at the election for the 9,802
payment of maintenance costs or the cost of purchasing the 9,804
classroom facilities; PAYMENTS TO THE STATE, AS SPECIFIED IN
DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE; 9,806
218
(2) IF THE SCHOOL DISTRICT ELECTORS HAVE APPROVED A 9,809
CONTINUING TAX OF AT LEAST TWO MILLS FOR EACH DOLLAR OF VALUATION 9,810
FOR GENERAL ONGOING PERMANENT IMPROVEMENTS UNDER SECTION 5705.21 9,812
OF THE REVISED CODE AND THAT TAX CAN BE USED FOR MAINTENANCE, THE 9,813
EARMARKING OF AN AMOUNT OF THE PROCEEDS FROM SUCH TAX FOR 9,814
MAINTENANCE OF CLASSROOM FACILITIES OR PAYMENTS TO THE STATE AS 9,815
SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE. 9,816
(D) Ownership of OR INTEREST IN the project during the 9,818
period of construction, which shall be divided between the 9,819
commission and the school district board in proportion to their 9,821
respective contributions to the school district's project 9,822
construction fund; 9,823
(E) The transfer MAINTENANCE of the state's interest in 9,825
the project to the school district upon completion of the project 9,827
UNTIL ANY OBLIGATIONS ISSUED FOR THE PROJECT UNDER SECTION 9,828
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING; 9,829
(F) The insurance of the project by the school district 9,831
from the time there is an insurable interest therein and so long 9,832
as any part of the purchase price remains unpaid THE STATE 9,833
RETAINS ANY OWNERSHIP OR INTEREST IN THE PROJECT PURSUANT TO 9,834
DIVISION (D) OF THIS SECTION, in such amounts and against such 9,837
risks as the commission shall require; provided, that the cost of 9,839
any required insurance until the project is completed shall be a 9,840
part of the basic project cost;
(G) The certification by the director of budget and 9,842
management that funds are available and have been set aside to 9,843
meet the state's share of the basic project cost as approved by 9,845
the controlling board pursuant to section 3318.04 of the Revised 9,846
Code;
(H) Authorization of the school district board to 9,848
advertise for and receive construction bids for the project, for 9,849
and on behalf of the commission, and to award contracts in the 9,851
name of the state subject to approval by the commission; 9,852
(I) Provisions for the disbursement of moneys from the 9,854
219
school district's project account upon issuance by the commission 9,856
or the commission's designated representative of vouchers for 9,857
work done to be certified to the commission by the treasurer of 9,860
the school district board; 9,861
(J) Disposal of any balance left in the school district's 9,863
project construction fund upon completion of the project; 9,865
(K) Prohibition against alienation of any interest in the 9,867
project by the school district board or its successor in interest 9,868
without the consent of the commission so long as any part of the 9,870
purchase price of the project remains unpaid, but in no case 9,871
longer than twenty-three years; 9,872
(L) Limitations upon use of the project or any part of it 9,874
so long as any part of the purchase price of the project remains 9,875
unpaid, but in no case longer than twenty-three years OBLIGATIONS 9,876
ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE 9,877
REVISED CODE ARE OUTSTANDING; 9,878
(M)(L) Provision for vesting absolute THE STATE'S interest 9,881
in the project in TO the school district board when the purchase 9,882
price has been paid or at the expiration of the period of 9,884
twenty-three years OBLIGATIONS ISSUED TO FINANCE THE PROJECT 9,885
UNDER SECTION 3318.26 OF THE REVISED CODE ARE OUTSTANDING; 9,886
(N)(M) Provision for deposit of an executed copy of the 9,888
agreement in the office of the commission and the office of the 9,890
county recorder of the county or counties in which the project is 9,891
situated; 9,892
(O)(N) Provision for termination of the contract and 9,894
release of the funds encumbered at the time of the conditional 9,895
approval, if the proceeds of the sale of the bonds of the school 9,896
district board are not paid into the school district's project 9,897
construction fund and if bids for the construction of the project 9,899
have not been taken within such period after the execution of the 9,900
agreement as may be fixed by the commission; 9,901
(P)(O) Provision for the school district to maintain the 9,903
project in accordance with a plan approved by the commission; 9,905
220
(Q)(P) Provision that all state funds reserved and 9,908
encumbered to pay the state share of the cost of the project 9,909
pursuant to section 3318.03 of the Revised Code be spent on the 9,910
construction or acquisition of the project prior to the 9,911
expenditure of any funds provided by the school district to pay 9,912
for its share of the project cost, unless the school district 9,913
certifies to the commission that expenditure by the school 9,914
district is necessary to maintain the tax-exempt status of notes 9,915
or bonds issued by the school district to pay for its share of 9,916
the project cost in which case, the school district may commit to 9,917
spend, or spend, a portion of the funds it provides; 9,918
(Q) A PROVISION STIPULATING THAT THE COMMISSION MAY 9,920
PROHIBIT THE DISTRICT FROM PROCEEDING WITH ANY PROJECT IF THE 9,921
COMMISSION DETERMINES THAT THE SITE IS NOT SUITABLE FOR 9,922
CONSTRUCTION PURPOSES. THE COMMISSION MAY PERFORM SOIL TESTS IN 9,923
ITS DETERMINATION OF WHETHER A SITE IS APPROPRIATE FOR
CONSTRUCTION PURPOSES. 9,924
Sec. 3318.081. If the board of education of a school 9,933
district authorized to impose a tax pursuant to section 3318.06 9,934
of the Revised Code determines that taxable value of property 9,935
subject to the tax has increased to the extent it will not be 9,936
necessary to impose such tax for twenty-three years in order to 9,937
pay the purchase price GENERATE AN AMOUNT EQUAL TO THE AMOUNT OF 9,938
THE PROJECT COST SUPPLIED BY THE STATE, it may request the county 9,939
auditor to determine the amount of the purchase price remaining 9,940
to be paid and the estimated rate of taxation required each year 9,941
to repay PAY such remainder in equal installments over the 9,943
maximum number of remaining years the tax may be in effect. The 9,944
auditor shall make such determination upon request and certify 9,945
the results thereof to the board of education. 9,946
Upon receipt of the auditor's determination, the board of 9,948
education may request the Ohio school facilities commission to 9,950
enter into a supplemental agreement under which the district may 9,951
repay PAY the remainder of the purchase price AMOUNT in annual 9,953
221
amounts equal to the quotient obtained by dividing the amount 9,955
remaining to be paid by the maximum number of remaining years the 9,956
tax may be in effect. If such an agreement is entered into, the 9,957
commission shall certify a copy thereof to the county auditor and 9,959
the tax authorized by section 3318.06 of the Revised Code 9,960
thereafter shall be levied at the rate required to make the 9,961
annual payments required by the supplemental agreement rather 9,962
than the rate required by such section. 9,963
Sec. 3318.082. The board of education of any school 9,972
district imposing a tax for the purpose of paying the cost of the 9,973
purchase of classroom facilities from the state pursuant to 9,975
section 3318.06 of the Revised Code prior to the effective date 9,976
of the amendments to that section by Amended Substitute House 9,978
Bill No. 748 of the 121st General Assembly, may enter into a 9,979
supplemental agreement with the Ohio school facilities commission 9,980
under which the proceeds of such tax shall be distributed in 9,982
accordance with the requirements of section 3318.06 of the
Revised Code, as amended by Amended Substitute House Bill No. 748 9,985
of the 121st general assembly. 9,986
Sec. 3318.083. IF, AFTER THE OHIO SCHOOL FACILITIES 9,988
COMMISSION AND A SCHOOL DISTRICT ENTER INTO A WRITTEN AGREEMENT 9,989
UNDER SECTION 3318.08 OF THE REVISED CODE FOR THE CONSTRUCTION OF 9,990
A CLASSROOM FACILITIES PROJECT, THE COMMISSION APPROVES AN 9,991
INCREASE IN THE BASIC PROJECT COST ABOVE THE AMOUNT BUDGETED PLUS 9,992
ANY INTEREST EARNED AND AVAILABLE IN THE PROJECT CONSTRUCTION 9,993
FUND, THE STATE AND THE SCHOOL DISTRICT SHALL SHARE THE INCREASED 9,995
COST IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE 9,996
DISTRICT'S PROJECT CONSTRUCTION FUND.
Sec. 3318.13. Notwithstanding any provision of sections 10,005
5705.27 to 5705.50 of the Revised Code, the tax to be levied on 10,006
all taxable property within a school district for the purpose of 10,007
paying the cost of maintaining the classroom facilities included 10,008
in the project or for paying the purchase price of the project to 10,009
the state under the agreement provided in section 3318.08 of the 10,010
222
Revised Code or the supplemental agreement provided in section 10,011
3318.081 of the Revised Code shall be included in the budget of 10,012
the school district for each year upon the certification to the 10,013
county budget commission or commissions of the county or counties 10,014
in which said school district is located, by the Ohio school 10,015
facilities commission of the balance due the state under said 10,017
agreement or supplemental agreement. Such certification shall be 10,018
made on or before the fifteenth day of July in each year. 10,019
Thereafter, the respective county budget commissions shall treat 10,020
such certification as an additional item on the tax budget for 10,021
the school district as to which such certification has been made 10,022
and shall provide for the levy therefor in the manner provided in 10,023
sections 5705.27 to 5705.50 of the Revised Code for tax levies 10,024
included directly in the budgets of the subdivisions. 10,025
The levy of taxes shall be included in the next annual tax 10,027
budget that is certified to the county budget commission after 10,028
the execution of the agreement for the project. 10,029
Sec. 3318.14. Notwithstanding the provision of section 10,038
321.31 of the Revised Code, immediately after each settlement 10,039
with the county auditor, on presentation of the warrant of the 10,040
county auditor therefor, the county treasurer shall pay to the 10,041
school district the proceeds of the tax levy provided in section 10,042
3318.13 of the Revised Code to be used to pay the cost of
maintaining the classroom facilities included in the project and 10,044
pay to the Ohio school facilities commission any proceeds of the 10,046
tax levy provided in section 3318.13 of the Revised Code to be 10,047
applied to the unpaid purchase price of the project PAID TO THE 10,048
STATE.
Sec. 3318.15. There is hereby created the public school 10,057
building fund within the state treasury consisting of all moneys 10,058
received from the sale of classroom facilities pursuant to 10,059
sections 3318.01 to 3318.20 PAYMENTS TO THE STATE PURSUANT TO 10,060
DIVISION (C) OF SECTION 3318.08 of the Revised Code, any moneys 10,061
transferred or appropriated to the fund by the general assembly, 10,062
223
and any grants, gifts, or contributions received by the Ohio 10,063
school facilities commission to be used for the purposes of the 10,064
fund. All investment earnings of the fund shall be credited to 10,065
the fund.
Moneys transferred or appropriated to the fund by the 10,067
general assembly and moneys in the fund from grants, gifts, and 10,068
contributions shall be used to acquire classroom facilities for 10,069
sale to school districts pursuant to THE PURPOSES OF sections 10,072
3318.01 to 3318.20 of the Revised Code. The moneys in the fund
received from the sale of classroom facilities PAYMENTS TO THE 10,074
STATE PURSUANT TO DIVISION (C) OF SECTION 3318.08 OF THE REVISED 10,075
CODE shall be held in a separate account in the fund. Such 10,076
moneys may be used partially to acquire additional classroom 10,077
facilities for sale to school districts pursuant to THE PURPOSES 10,078
OF sections 3318.01 to 3318.20 OF THE REVISED CODE and partially 10,080
to pay bond service charges as defined in division (C) of section 10,081
3318.21 of the Revised Code on obligations, the proceeds of which 10,082
are deposited into the school districts facilities fund created 10,083
in section 3318.23 of the Revised Code. 10,084
Sec. 3318.16. Title to interests THE OHIO SCHOOL 10,093
FACILITIES COMMISSION SHALL HAVE AN INTEREST in real property 10,094
purchased with moneys in the school district's project 10,096
construction fund shall be taken in the name of the state of 10,097
Ohio. Upon completion of the project, the title to such interest 10,098
in real property shall be conveyed to the school district board 10,099
and the Ohio school facilities commission shall execute and
deliver deeds to complete the transfer of such interests. 10,100
Upon completion of the project, the interest of the state 10,102
in the project shall be transferred to the school district board, 10,104
which interest is equal to that portion of the final cost of the 10,105
project represented by funds contributed by the state for the 10,106
project. The purchase price to be paid by the school district 10,107
board for the state's interest in the project shall be the total
amount of funds contributed by the state for the project. 10,108
224
ONCE OBLIGATIONS ISSUED TO FINANCE A PROJECT UNDER SECTION 10,110
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING, ANY 10,111
INTEREST HELD BY THE COMMISSION SHALL BE TRANSFERRED TO THE 10,112
SCHOOL DISTRICT.
Sec. 3318.17. A (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 10,122
THIS SECTION, WHEN A school district board may purchase RECEIVES 10,123
classroom facilities ASSISTANCE from the state from time to time 10,124
under the procedure set forth in sections 3318.01 to 3318.12 of 10,126
the Revised Code. The, THE levy of taxes required by section 10,127
SECTIONS 3318.13 AND 3318.14 of the Revised Code shall be at the 10,129
rate of one-half mill for each one dollar of valuation and shall 10,130
be for a maximum period of twenty-three years after the last 10,132
purchase, except that in those years in which a supplemental 10,134
agreement authorized by section 3318.081 of the Revised Code is 10,135
in effect, the rate shall be as prescribed for such section for 10,136
the period during which such agreement is in effect. Where a 10,137
school district has purchased classroom facilities from the state 10,138
on which any portion of the purchase price remains unpaid and it 10,139
desires to purchase additional classroom facilities, the notice 10,140
of election and form of ballot set forth in section 3318.06 of 10,141
the Revised Code shall provide that the levy is an extension of 10,142
an existing levy for a maximum period of twenty-three years. 10,143
Where there has been more than one purchase of classroom 10,144
facilities from the state, any proceeds of the tax to be used to 10,145
pay the purchase price of such facilities shall be applied to the 10,146
unpaid purchase price of the projects in the order in which they 10,147
were purchased.
(B) WHEN A SCHOOL DISTRICT LEVIES A TAX UNDER SECTIONS 10,149
3318.13 AND 3318.14 OF THE REVISED CODE AFTER THE EFFECTIVE DATE 10,151
OF THIS AMENDMENT, THE LEVY SHALL:
(1) BE AN ADDITIONAL LEVY OF ONE-HALF MILL FOR EACH DOLLAR 10,153
OF VALUATION;
(2) CONTINUE FOR THE LESSER OF THE NUMBER OF YEARS 10,155
REQUIRED TO GENERATE REVENUE EQUAL TO THE AMOUNT OF MONEY 10,156
225
SUPPLIED BY THE STATE FOR A CLASSROOM FACILITIES PROJECT OR 10,157
TWENTY-THREE YEARS;
(3) NOT REDUCE THE NUMBER OF YEARS REMAINING ON ANY OTHER 10,159
LEVY PASSED UNDER SECTIONS 3318.13 AND 3318.14 OF THE REVISED 10,160
CODE PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 10,161
THE NOTICE OF ELECTION AND FORM OF THE BALLOT REQUIRED BY 10,163
SECTION 3318.06 OF THE REVISED CODE SHALL PROVIDE THAT A LEVY 10,164
UNDER THIS DIVISION IS AN ADDITIONAL LEVY FOR THE SPECIFIED 10,165
CLASSROOM FACILITIES PROJECT.
Sec. 3318.18. The unpaid purchase price of a project MONEY 10,174
TO BE PAID TO THE STATE PURSUANT TO DIVISION (B) OF SECTION 10,175
3318.05 OF THE REVISED CODE shall constitute an indebtedness of 10,177
the school district but shall not be included in the calculation 10,178
of indebtedness under sections 133.04 and 133.06 of the Revised 10,179
Code. In the event all or a portion of the territory comprising 10,180
a school district, which THAT has outstanding an indebtedness to 10,182
the state representing the unpaid purchase price of TAX LEVY 10,184
MONEY RESULTING FROM a project or projects, is transferred to 10,185
another school district, or, if a new school district is created 10,186
to include all or a portion of such school district, the 10,187
outstanding indebtedness for MONEY OWED AS A RESULT OF each 10,188
project shall be apportioned between the acquiring school 10,190
district and the original school district in the ratio, as of the 10,191
effective date of the transfer, which the assessed valuation of 10,192
the territory transferred to the acquiring school district bears 10,193
to the assessed valuation of the original school district. 10,194
The amount of the indebtedness so assumed, OR PARTIALLY 10,196
ASSUMED, by the new school district or acquiring school district 10,198
shall be equal to one-half mill multiplied by the total value of 10,199
all property as listed and assessed for taxation in the original 10,200
school district or territory transferred for each of the years 10,201
YEAR OF THE ORIGINAL TWENTY-THREE OR FEWER YEARS remaining AS 10,202
SPECIFIED in the PORTION OF THE agreement for payment of purchase 10,203
price between the original school district and the state board of 10,205
226
education CONTAINED IN DIVISION (C) OF SECTION 3318.08 OF THE 10,206
REVISED CODE. On or before the first day of July of each year, 10,207
the department of taxation shall certify to the Ohio school 10,208
facilities commission the amount of the tax duplicate of the 10,210
original school district or territory transferred for the 10,211
calendar year ending on the thirty-first day of December 10,212
immediately preceding. This tax duplicate shall be used in the 10,213
calculation of the indebtedness so assumed.
The acquiring school district shall levy a tax outside the 10,215
ten-mill limitation upon all property in the acquiring school 10,216
district to pay the indebtedness so assumed until the 10,217
indebtedness so assumed has been discharged but not longer than 10,218
twenty-three years after the original incurrence of the 10,219
indebtedness, provided, that the levy in the acquiring school 10,220
district in any year shall not exceed the levy in the original 10,221
school district to pay the purchase price of projects acquired 10,222
from MAKE PAYMENTS TO the state. The proceeds of the aforesaid 10,223
tax levy in the acquiring school district shall be applied to the 10,225
discharge of indebtedness first incurred in point of time whether 10,226
or not it be an indebtedness assumed from another school 10,227
district.
Sec. 3318.21. As used in sections 3318.21 to 3318.29 of 10,236
the Revised Code: 10,237
(A) "Allowable costs" means all or part of the costs of a 10,239
permanent improvement that may be financed with, and paid from 10,240
the proceeds of, securities issued pursuant to section 133.15 of 10,241
the Revised Code. 10,242
(B) "Bond proceedings" means the resolution, order, trust 10,244
agreement, indenture, loan agreement, lease agreement, and other 10,245
agreements, amendments and supplements to the foregoing, or any 10,246
one or more or combination thereof, authorizing or providing for 10,247
the terms and conditions applicable to, or providing for the 10,248
security or liquidity of, obligations issued pursuant to section 10,249
3318.26 of the Revised Code, and the provisions contained in the 10,250
227
obligations. 10,251
(C) "Bond service charges" means principal, including 10,253
mandatory sinking fund requirements for retirement of 10,254
obligations, and interest, and redemption premium, if any, 10,255
required to be paid by the state on obligations, and, if provided 10,256
in the applicable bond proceedings, may include any corresponding 10,257
lease or sublease payments to be made with respect thereto to the 10,258
issuing authority by the state or any agency of state government. 10,259
(D) "Bond service fund" means the applicable fund and 10,261
accounts therein created for and pledged to the payment of bond 10,262
service charges, which may be, or may be part of, either the 10,263
school building program bond service fund created by division (R) 10,264
of section 3318.26 of the Revised Code or the school facilities 10,265
bond service fund created by division (S) of section 3318.26 of 10,266
the Revised Code, including all moneys and investments, and 10,267
earnings from investments, credited and to be credited thereto. 10,268
(E) "Issuing authority" means the treasurer of state, or 10,270
the officer who by law performs the functions of such officer. 10,271
(F) "Obligations" means bonds, notes, or other evidence of 10,273
obligation including interest coupons pertaining thereto, issued 10,274
pursuant to section 3318.26 of the Revised Code. 10,275
(G) "Permanent improvement" or "improvement" means a 10,277
permanent improvement or improvement as defined under division 10,278
(CC) of section 133.01 of the Revised Code to be used for housing 10,279
agencies of state government, including classroom facilities as 10,280
defined in division (B) of section 3318.01 of the Revised Code. 10,281
(H) "Pledged receipts," in the case of obligations issued 10,283
to provide moneys for the school building program assistance fund 10,284
created in section 3318.25 of the Revised Code, means any or all 10,285
of the following: 10,286
(1) Moneys in the lottery profits education fund created 10,288
in section 3770.06 of the Revised Code appropriated by the 10,289
general assembly and pledged for the purpose of paying bond 10,290
service charges on one or more issuances of such obligations; 10,291
228
(2) Accrued interest received from the sale of 10,293
obligations; 10,294
(3) Income from the investment of the special funds; 10,296
(4) Any gifts, grants, donations, and pledges, and 10,298
receipts therefrom, available for the payment of bond service 10,299
charges. 10,300
(I) "Pledged receipts," in the case of obligations issued 10,302
to provide moneys for the school districts facilities fund 10,303
created in section 3318.23 of the Revised Code, means any or all 10,304
of the following: 10,305
(1) Moneys from the sale of classroom facilities accruing 10,307
in the public school building fund created in section 3318.15 of 10,308
the Revised Code, which moneys are pledged for the purpose of 10,309
paying bond service charges on one or more issuances of such 10,310
obligations. 10,311
(2) Moneys accruing to the state from the repayment, 10,313
including interest, of loans from the school districts facilities 10,314
fund made pursuant to section 3318.24 of the Revised Code; 10,315
(3) Accrued interest received from the sale of 10,317
obligations; 10,318
(4) Income from the investment of the special funds; 10,320
(5) Any gifts, grants, donations, and pledges, and 10,322
receipts therefrom, available for the payment of bond service 10,323
charges. 10,324
(J) "School district" means a school district as defined 10,326
under division (D) of section 3318.01 of the Revised Code, acting 10,327
as an agency of state government, performing essential 10,328
governmental functions of state government pursuant to sections 10,329
3318.21 to 3318.29 of the Revised Code.
(K)(J) "Securities" means securities as defined under 10,331
division (KK) in section 133.01 of the Revised Code. 10,332
(L)(K) "Special funds" or "funds" means, except where the 10,334
context does not permit, the bond service fund, and any other 10,335
funds, including reserve funds, created under the bond 10,336
229
proceedings, and either the school building program bond service 10,337
fund created by division (R) of section 3318.26 of the Revised 10,338
Code or the school facilities bond service fund created by 10,339
division (S) of section 3318.26 of the Revised Code to the extent 10,340
provided in the bond proceedings, including all moneys and 10,341
investments, and earnings from investment, credited and to be 10,342
credited thereto. 10,343
Sec. 3318.25. There is hereby created in the state 10,352
treasury the school building program assistance fund. The fund 10,353
shall consist of the proceeds of obligations issued for the 10,354
purposes of such fund pursuant to section 3318.26 of the Revised 10,355
Code that are payable from moneys in the lottery profits 10,356
education fund created in section 3770.06 of the Revised Code. 10,357
All investment earnings of the fund shall be credited to the 10,358
fund. Moneys in the fund shall be used as directed by the Ohio 10,359
school facilities commission for the cost to the state of 10,361
acquiring CONSTRUCTING classroom facilities for sale to school 10,362
districts pursuant to UNDER sections 3318.01 to 3318.20 of the 10,363
Revised Code. 10,365
Sec. 3318.26. (A) Subject to the limitations provided in 10,374
section 3318.29 of the Revised Code, the issuing authority, upon 10,375
the certification by the Ohio school facilities commission to the 10,377
issuing authority of the amount of moneys or additional moneys 10,378
needed in the school districts facilities fund for the purpose of 10,379
making loans for allowable costs from such fund or in the school 10,380
building program assistance fund for the purposes of sections 10,381
3318.01 to 3318.20 of the Revised Code, or needed for capitalized 10,382
interest, for funding reserves, and for paying costs and expenses 10,383
incurred in connection with the issuance, carrying, securing, 10,384
paying, redeeming, or retirement of the obligations or any 10,385
obligations refunded thereby, including payment of costs and 10,386
expenses relating to letters of credit, lines of credit, 10,387
insurance, put agreements, standby purchase agreements, indexing, 10,388
marketing, remarketing and administrative arrangements, interest 10,389
230
swap or hedging agreements, and any other credit enhancement, 10,390
liquidity, remarketing, renewal, or refunding arrangements, all 10,391
of which are authorized by this section, shall issue obligations 10,392
of the state under this section in the required amount. The 10,393
proceeds of such obligations, except for obligations issued to 10,395
provide moneys for the school building program assistance fund or 10,396
except for such portion to SHALL be deposited BY THE TREASURER OF 10,398
STATE in special funds, including reserve funds, as may be 10,399
provided in the bond proceedings, shall as provided in the bond 10,400
proceedings be deposited by the treasurer of state to the school 10,401
districts facilities fund. The issuing authority may appoint 10,402
trustees, paying agents, and transfer agents and may retain the 10,403
services of financial advisors and accounting experts and retain 10,404
or contract for the services of marketing, remarketing, indexing, 10,405
and administrative agents, other consultants, and independent 10,406
contractors, including printing services, as are necessary in the 10,407
issuing authority's judgment to carry out this section. The 10,408
costs of such services are payable from the school districts 10,409
facilities fund, the school building program assistance fund, or 10,410
any special fund determined by the issuing authority. 10,411
(B) The holders or owners of such obligations shall have 10,413
no right to have moneys raised by taxation obligated or pledged, 10,414
and moneys raised by taxation shall not be obligated or pledged, 10,415
for the payment of bond service charges. Such holders or owners 10,416
shall have no rights to payment of bond service charges from any 10,417
money or property received by the commission, treasurer of state, 10,420
or the state, or from any other use of the proceeds of the sale 10,421
of the obligations, and no such moneys may be used for the 10,422
payment of bond service charges, except for accrued interest, 10,423
capitalized interest, and reserves funded from proceeds received 10,424
upon the sale of the obligations and except as otherwise 10,425
expressly provided in the applicable bond proceedings pursuant to 10,426
written directions by the treasurer of state. The right of such 10,427
holders and owners to payment of bond service charges shall be 10,428
231
limited to all or that portion of the pledged receipts and those 10,429
special funds pledged thereto pursuant to the bond proceedings in 10,430
accordance with this section, and each such obligation shall bear 10,431
on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order 10,433
of the issuing authority and the bond proceedings shall provide 10,434
for the purpose thereof and the principal amount or amounts, and 10,435
shall provide for or authorize the manner or agency for 10,436
determining the principal maturity or maturities, not exceeding 10,437
the limits specified in section 3318.29 of the Revised Code, the 10,438
interest rate or rates or the maximum interest rate, the date of 10,439
the obligations and the dates of payment of interest thereon, 10,440
their denomination, and the establishment within or without the 10,441
state of a place or places of payment of bond service charges. 10,442
Sections 9.98 to 9.983 of the Revised Code are applicable to 10,443
obligations issued under this section, subject to any applicable 10,444
limitation under section 3318.29 of the Revised Code. The 10,445
purpose of such obligations may be stated in the bond proceedings 10,446
in terms describing the general purpose or purposes to be served. 10,447
The bond proceedings shall also provide, subject to the 10,448
provisions of any other applicable bond proceedings, for the 10,449
pledge of all, or such part as the issuing authority may 10,450
determine, of the pledged receipts and the applicable special 10,451
fund or funds to the payment of bond service charges, which 10,452
pledges may be made either prior or subordinate to other 10,453
expenses, claims, or payments, and may be made to secure the 10,454
obligations on a parity with obligations theretofore or 10,455
thereafter issued, if and to the extent provided in the bond 10,456
proceedings. The pledged receipts and special funds so pledged 10,457
and thereafter received by the state are immediately subject to 10,458
the lien of such pledge without any physical delivery thereof or 10,459
further act, and the lien of any such pledges is valid and 10,460
binding against all parties having claims of any kind against the 10,461
state or any governmental agency of the state, irrespective of 10,462
232
whether such parties have notice thereof, and shall create a 10,463
perfected security interest for all purposes of Chapter 1309. of 10,464
the Revised Code, without the necessity for separation or 10,465
delivery of funds or for the filing or recording of the bond 10,466
proceedings by which such pledge is created or any certificate, 10,467
statement or other document with respect thereto; and the pledge 10,468
of such pledged receipts and special funds is effective and the 10,469
money therefrom and thereof may be applied to the purposes for 10,470
which pledged without necessity for any act of appropriation, 10,471
except as required by section 3770.06 of the Revised Code. Every 10,472
pledge, and every covenant and agreement made with respect 10,473
thereto, made in the bond proceedings may therein be extended to 10,474
the benefit of the owners and holders of obligations authorized 10,475
by this section, and to any trustee therefor, for the further 10,476
security of the payment of the bond service charges. 10,477
(D) The bond proceedings may contain additional provisions 10,479
as to: 10,480
(1) The redemption of obligations prior to maturity at the 10,482
option of the issuing authority at such price or prices and under 10,483
such terms and conditions as are provided in the bond 10,484
proceedings; 10,485
(2) Other terms of the obligations; 10,487
(3) Limitations on the issuance of additional obligations; 10,489
(4) The terms of any trust agreement or indenture securing 10,491
the obligations or under which the same may be issued; 10,492
(5) The deposit, investment and application of special 10,494
funds, and the safeguarding of moneys on hand or on deposit, 10,495
without regard to Chapter 131., 133., or 135. of the Revised 10,496
Code, but subject to any special provisions of sections 3318.21 10,497
to 3318.29 of the Revised Code, with respect to particular funds 10,498
or moneys, provided that any bank or trust company that acts as 10,499
depository of any moneys in the special funds may furnish such 10,500
indemnifying bonds or may pledge such securities as required by 10,501
the issuing authority; 10,502
233
(6) Any or every provision of the bond proceedings being 10,504
binding upon such officer, board, commission, authority, agency, 10,505
department, or other person or body as may from time to time have 10,506
the authority under law to take such actions as may be necessary 10,507
to perform all or any part of the duty required by such 10,508
provision; 10,509
(7) Any provision that may be made in a trust agreement or 10,512
indenture;
(8) The lease or sublease of any interest of the school 10,514
district or the state in one or more projects as defined in 10,515
division (C) of section 3318.01 of the Revised Code, or in one or 10,516
more permanent improvements, to or from the issuing authority, as 10,517
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 10,518
(9) Any other or additional agreements with the holders of 10,520
the obligations, or the trustee therefor, relating to the 10,521
obligations or the security therefor, including in the case of 10,522
obligations issued to provide moneys for the school district 10,523
facilities fund the assignment of security obtained or to be 10,524
obtained for loans under section 3318.24 of the Revised Code. 10,525
(E) The obligations may have the great seal of the state 10,527
or a facsimile thereof affixed thereto or printed thereon. The 10,528
obligations and any coupons pertaining to obligations shall be 10,529
signed or bear the facsimile signature of the issuing authority. 10,530
Any obligations or coupons may be executed by the person who, on 10,531
the date of execution, is the proper issuing authority although 10,532
on the date of such bonds or coupons such person was not the 10,533
issuing authority. In case the issuing authority whose signature 10,534
or a facsimile of whose signature appears on any such obligation 10,535
or coupon ceases to be the issuing authority before delivery 10,536
thereof, such signature or facsimile is nevertheless valid and 10,537
sufficient for all purposes as if the issuing authority had 10,538
remained the issuing authority until such delivery; and in case 10,540
the seal to be affixed to obligations has been changed after a 10,541
234
facsimile of the seal has been imprinted on such obligations, 10,542
such facsimile seal shall continue to be sufficient as to such 10,543
obligations and obligations issued in substitution or exchange 10,544
therefor.
(F) All obligations are negotiable instruments and 10,546
securities under Chapter 1308. of the Revised Code, subject to 10,547
the provisions of the bond proceedings as to registration. The 10,548
obligations may be issued in coupon or in registered form, or 10,549
both, as the issuing authority determines. Provision may be made 10,550
for the registration of any obligations with coupons attached 10,551
thereto as to principal alone or as to both principal and 10,552
interest, their exchange for obligations so registered, and for 10,553
the conversion or reconversion into obligations with coupons 10,554
attached thereto of any obligations registered as to both 10,555
principal and interest, and for reasonable charges for such 10,556
registration, exchange, conversion, and reconversion. 10,557
(G) Obligations may be sold at public sale or at private 10,559
sale, as determined in the bond proceedings. 10,560
(H) Pending preparation of definitive obligations, the 10,562
issuing authority may issue interim receipts or certificates 10,563
which shall be exchanged for such definitive obligations. 10,564
(I) In the discretion of the issuing authority, 10,566
obligations may be secured additionally by a trust agreement or 10,567
indenture between the issuing authority and a corporate trustee 10,568
which may be any trust company or bank having its principal place 10,569
of business within the state. Any such agreement or indenture 10,570
may contain the resolution or order authorizing the issuance of 10,571
the obligations, any provisions that may be contained in any bond 10,572
proceedings, and other provisions that are customary or 10,573
appropriate in an agreement or indenture of such type, including, 10,574
but not limited to: 10,575
(1) Maintenance of each pledge, trust agreement, 10,577
indenture, or other instrument comprising part of the bond 10,578
proceedings until the state has fully paid the bond service 10,579
235
charges on the obligations secured thereby, or provision therefor 10,580
has been made; 10,581
(2) In the event of default in any payments required to be 10,583
made by the bond proceedings, or any other agreement of the 10,584
issuing authority made as a part of the contract under which the 10,585
obligations were issued, enforcement of such payments or 10,586
agreement by mandamus, the appointment of a receiver, suit in 10,587
equity, action at law, or any combination of the foregoing; 10,588
(3) The rights and remedies of the holders of obligations 10,590
and of the trustee, and provisions for protecting and enforcing 10,591
them, including limitations on rights of individual holders of 10,592
obligations; 10,593
(4) The replacement of any obligations that become 10,595
mutilated or are destroyed, lost, or stolen; 10,596
(5) Such other provisions as the trustee and the issuing 10,598
authority agree upon, including limitations, conditions, or 10,599
qualifications relating to any of the foregoing. 10,600
(J) Any holder of obligations or a trustee under the bond 10,602
proceedings, except to the extent that the holder's or trustee's 10,604
rights are restricted by the bond proceedings, may by any 10,605
suitable form of legal proceedings, protect and enforce any 10,606
rights under the laws of this state or granted by such bond 10,607
proceedings. Such rights include the right to compel the 10,608
performance of all duties of the issuing authority, the 10,609
commission, or the director of budget and management required by 10,611
sections 3318.21 to 3318.29 of the Revised Code or the bond 10,612
proceedings; to enjoin unlawful activities; and in the event of 10,613
default with respect to the payment of any bond service charges 10,614
on any obligations or in the performance of any covenant or 10,615
agreement on the part of the issuing authority, the commission, 10,616
or the director of budget and management in the bond proceedings, 10,618
to apply to a court having jurisdiction of the cause to appoint a 10,619
receiver to receive and administer the pledged receipts and 10,620
special funds, other than those in the custody of the treasurer 10,621
236
of state or the commission, which are pledged to the payment of 10,623
the bond service charges on such obligations or which are the 10,624
subject of the covenant or agreement, with full power to pay, and 10,625
to provide for payment of bond service charges on, such 10,626
obligations, and with such powers, subject to the direction of 10,627
the court, as are accorded receivers in general equity cases, 10,628
excluding any power to pledge additional revenues or receipts or 10,629
other income or moneys of the issuing authority or the state or 10,630
governmental agencies of the state to the payment of such 10,631
principal and interest and excluding the power to take possession 10,632
of, mortgage, or cause the sale or otherwise dispose of any 10,633
permanent improvement. 10,634
Each duty of the issuing authority and the issuing 10,636
authority's officers and employees, and of each governmental 10,637
agency and its officers, members, or employees, undertaken 10,638
pursuant to the bond proceedings or any agreement or loan made 10,639
under authority of sections 3318.21 to 3318.29 of the Revised 10,640
Code, and in every agreement by or with the issuing authority, is 10,641
hereby established as a duty of the issuing authority, and of 10,642
each such officer, member, or employee having authority to 10,643
perform such duty, specifically enjoined by the law resulting 10,644
from an office, trust, or station within the meaning of section 10,645
2731.01 of the Revised Code. 10,646
The person who is at the time the issuing authority, or the 10,648
issuing authority's officers or employees, are not liable in 10,649
their personal capacities on any obligations issued by the 10,650
issuing authority or any agreements of or with the issuing 10,651
authority. 10,652
(K) The issuing authority may authorize and issue 10,654
obligations for the refunding, including funding and retirement, 10,655
and advance refunding with or without payment or redemption prior 10,656
to maturity, of any obligations previously issued by the issuing 10,657
authority. Such obligations may be issued in amounts sufficient 10,658
for payment of the principal amount of the prior obligations, any 10,659
237
redemption premiums thereon, principal maturities of any such 10,660
obligations maturing prior to the redemption of the remaining 10,661
obligations on a parity therewith, interest accrued or to accrue 10,662
to the maturity dates or dates of redemption of such obligations, 10,663
and any allowable costs including expenses incurred or to be 10,664
incurred in connection with such issuance and such refunding, 10,665
funding, and retirement. Subject to the bond proceedings 10,666
therefor, the portion of proceeds of the sale of obligations 10,667
issued under this division to be applied to bond service charges 10,668
on the prior obligations shall be credited to an appropriate 10,669
account held by the trustee for such prior or new obligations or 10,670
to the appropriate account in the bond service fund for such 10,671
obligations. Obligations authorized under this division shall be 10,672
deemed to be issued for those purposes for which such prior 10,673
obligations were issued and are subject to the provisions of this 10,674
section pertaining to other obligations, except as otherwise 10,675
provided in this section; provided that, unless otherwise 10,676
authorized by the general assembly, any limitations imposed by 10,677
the general assembly pursuant to this section with respect to 10,678
bond service charges applicable to the prior obligations shall be 10,679
applicable to the obligations issued under this division to 10,680
refund, fund, advance refund or retire such prior obligations. 10,681
(L) The authority to issue obligations under this section 10,683
includes authority to refund or refinance any obligations 10,684
previously issued by the state under sections 3318.21 to 3318.29 10,685
of the Revised Code. 10,686
The authority to issue obligations under this section also 10,688
includes authority to issue obligations in the form of bond 10,689
anticipation notes and to renew the same from time to time by the 10,690
issuance of new notes. The holders of such notes or interest 10,691
coupons pertaining thereto shall have a right to be paid solely 10,692
from the pledged receipts and special funds that may be pledged 10,693
to the payment of the bonds anticipated, or from the proceeds of 10,694
such bonds or renewal notes, or both, as the issuing authority 10,695
238
provides in the resolution or order authorizing such notes. Such 10,696
notes may be additionally secured by covenants of the issuing 10,697
authority to the effect that the issuing authority and the state 10,698
will do such or all things necessary for the issuance of such 10,699
bonds or renewal notes in appropriate amount, and apply the 10,700
proceeds thereof to the extent necessary, to make full payment of 10,701
the principal of and interest on such notes at the time or times 10,702
contemplated, as provided in such resolution or order. For such 10,703
purpose, the issuing authority may issue bonds or renewal notes 10,704
in such principal amount and upon such terms as may be necessary 10,705
to provide funds to pay when required the principal of and 10,706
interest on such notes, notwithstanding any limitations 10,707
prescribed by or for purposes of this section. Subject to this 10,708
division, all provisions for and references to obligations in 10,709
this section are applicable to notes authorized under this 10,710
division. 10,711
The issuing authority in the bond proceedings authorizing 10,713
the issuance of bond anticipation notes shall set forth for such 10,714
bonds an estimated interest rate and a schedule of principal 10,715
payments for such bonds and the annual maturity dates thereof, 10,716
and for purposes of any limitation on bond service charges 10,717
prescribed under section 3318.29 of the Revised Code, the amount 10,718
of bond service charges on such bond anticipation notes shall be 10,719
deemed to be the bond service charges for the bonds anticipated 10,720
thereby as set forth in the bond proceedings applicable to such 10,721
notes, but this provision does not modify any authority in this 10,722
section to pledge pledged receipts and special funds to, and 10,723
covenant to issue bonds to fund, the payment of principal of and 10,724
interest and any premium on such notes. 10,725
(M) Obligations issued under this section are lawful 10,727
investments for banks, societies for savings, savings and loan 10,728
associations, deposit guarantee associations, trust companies, 10,729
trustees, fiduciaries, insurance companies, including domestic 10,730
for life and domestic not for life, trustees or other officers 10,731
239
having charge of sinking and bond retirement or other special 10,732
funds of political subdivisions and taxing districts of this 10,733
state, the commissioners of the sinking fund of the state, the 10,734
administrator of workers' compensation, the state teachers 10,736
retirement system, the public employees retirement system, the 10,737
school employees retirement system, and the police and firemen's 10,738
disability and pension fund, notwithstanding any other provisions 10,739
of the Revised Code or rules adopted pursuant thereto by any 10,740
governmental agency of the state with respect to investments by 10,741
them, and also are acceptable as security for the deposit of 10,742
public moneys.
(N) Unless otherwise provided in any applicable bond 10,744
proceedings, moneys to the credit of or in the special funds 10,745
established by or pursuant to this section may be invested by or 10,746
on behalf of the issuing authority only in notes, bonds, or other 10,747
obligations of the United States, or of any agency or 10,748
instrumentality of the United States, obligations guaranteed as 10,750
to principal and interest by the United States, obligations of 10,751
this state or any political subdivision of this state, and 10,752
certificates of deposit of any national bank located in this 10,754
state and any bank, as defined in section 1101.01 of the Revised 10,755
Code, subject to inspection by the superintendent of financial 10,756
institutions. If the law or the instrument creating a trust 10,758
pursuant to division (I) of this section expressly permits 10,759
investment in direct obligations of the United States or an 10,760
agency of the United States, unless expressly prohibited by the 10,761
instrument, such moneys also may be invested in no front end load 10,762
money market mutual funds consisting exclusively of obligations 10,763
of the United States or an agency of the United States and in 10,764
repurchase agreements, including those issued by the fiduciary 10,765
itself, secured by obligations of the United States or an agency 10,766
of the United States; and in collective investment funds 10,767
established in accordance with section 1111.14 of the Revised 10,769
Code and consisting exclusively of any such securities, 10,770
240
notwithstanding division (A)(1)(c) of that section. The income 10,772
from such investments shall be credited to such funds as the 10,774
issuing authority determines, and such investments may be sold at 10,775
such times as the issuing authority determines or authorizes. 10,776
(O) Provision may be made in the applicable bond 10,778
proceedings for the establishment of separate accounts in the 10,779
bond service fund and for the application of such accounts only 10,780
to the specified bond service charges on obligations pertinent to 10,781
such accounts and bond service fund and for other accounts 10,782
therein within the general purposes of such fund. Unless 10,783
otherwise provided in any applicable bond proceedings, moneys to 10,784
the credit of or in the several special funds established 10,785
pursuant to this section shall be disbursed on the order of the 10,786
treasurer of state, provided that no such order is required for 10,787
the payment from the bond service fund when due of bond service 10,788
charges on obligations. 10,789
(P) The issuing authority may pledge all, or such portion 10,791
as the issuing authority determines, of the pledged receipts to 10,792
the payment of bond service charges on obligations issued under 10,793
this section, and for the establishment and maintenance of any 10,794
reserves, as provided in the bond proceedings, and make other 10,795
provisions therein with respect to pledged receipts as authorized 10,796
by this chapter, which provisions shall be controlling 10,797
notwithstanding any other provisions of law pertaining thereto. 10,798
(Q) The issuing authority may covenant in the bond 10,800
proceedings, and any such covenants shall be controlling 10,801
notwithstanding any other provision of law, that the state and 10,802
applicable officers and governmental agencies of the state, 10,803
including the general assembly, so long as any obligations are 10,805
outstanding, shall:
(1) Maintain statutory authority for and cause to be 10,807
operated the state lottery, including the transfers to and from 10,808
the lottery profits education fund created in section 3770.06 of 10,809
the Revised Code so that the pledged receipts shall be sufficient 10,810
241
in amount to meet bond service charges, and the establishment and 10,811
maintenance of any reserves and other requirements provided for 10,812
in the bond proceedings; 10,813
(2) Take or permit no action, by statute or otherwise, 10,815
that would impair the exclusion from gross income for federal 10,816
income tax purposes of the interest on any obligations designated 10,817
by the bond proceeding as tax-exempt obligations. 10,818
(R) There is hereby created the school building program 10,820
bond service fund, which shall be in the custody of the treasurer 10,821
of state but shall be separate and apart from and not a part of 10,822
the state treasury. All moneys received by or on account of the 10,823
issuing authority or state agencies and required by the 10,824
applicable bond proceedings, consistent with this section, to be 10,825
deposited, transferred, or credited to the school building 10,826
program bond service fund, and all other moneys transferred or 10,827
allocated to or received for the purposes of the fund, shall be 10,828
deposited and credited to such fund and to any separate accounts 10,829
therein, subject to applicable provisions of the bond 10,830
proceedings, but without necessity for any act of appropriation, 10,831
except as required by section 3770.06 of the Revised Code. 10,832
During the period beginning with the date of the first issuance 10,833
of obligations and continuing during such time as any such 10,834
obligations are outstanding, and so long as moneys in the school 10,835
building program bond service fund are insufficient to pay all 10,836
bond service charges on such obligations becoming due in each 10,837
year, a sufficient amount of the moneys from the lottery profits 10,838
education fund included in pledged receipts, subject to 10,839
appropriation for such purpose as provided in section 3770.06 of 10,840
the Revised Code, are committed and shall be paid to the school 10,841
building program bond service fund in each year for the purpose 10,842
of paying the bond service charges becoming due in that year. 10,843
The school building program bond service fund is a trust fund and 10,844
is hereby pledged to the payment of bond service charges solely 10,845
on obligations issued to provide moneys for the school building 10,846
242
program assistance fund to the extent provided in the applicable 10,847
bond proceedings, and payment thereof from such fund shall be 10,848
made or provided for by the treasurer of state in accordance with 10,849
such bond proceedings without necessity for any act of 10,850
appropriation except as required by section 3770.06 of the 10,851
Revised Code. 10,852
(S) There is hereby created the school facilities bond 10,854
service fund, which shall be in the custody of the treasurer of 10,855
state but shall be separate and apart from and not a part of the 10,856
state treasury. All moneys received by or on account of the 10,857
issuing authority or state agencies and required by the 10,858
applicable bond proceedings, consistent with this section, to be 10,859
deposited, transferred, or credited to the school facilities bond 10,860
service fund, and all other moneys transferred or allocated to or 10,861
received for the purposes of the fund, shall be deposited and 10,862
credited to such fund and to any separate accounts therein, 10,863
subject to applicable provisions of the bond proceedings, but 10,864
without necessity for any act of appropriation. During the 10,865
period beginning with the date of the first issuance of 10,866
obligations and continuing during such time as any such 10,867
obligations are outstanding, and so long as moneys in the school 10,868
facilities bond service fund are insufficient to pay all bond 10,869
service charges on such obligations becoming due in each year, a 10,870
sufficient amount of the moneys from the public school building 10,871
fund included in pledged receipts are committed and shall be paid 10,872
to the bond service fund in each year for the purpose of paying 10,873
the bond service charges becoming due in that year. The school 10,874
facilities bond service fund is a trust fund and is hereby 10,875
pledged to the payment of bond service charges on obligations 10,876
issued to provide moneys for the school districts facilities fund 10,877
to the extent provided in the applicable bond proceedings, and 10,878
payment thereof from such fund shall be made or provided for by 10,879
the treasurer of state in accordance with such bond proceedings 10,880
without necessity for any act or appropriation. 10,881
243
(T) The obligations, the transfer thereof, and the income 10,883
therefrom, including any profit made on the sale thereof, at all 10,885
times shall be free from taxation within the state.
Sec. 3318.29. The maximum maturity of any obligations 10,894
issued pursuant to section 3318.26 of the Revised Code to provide 10,895
moneys for the school building program assistance fund shall be 10,896
ten years. The terms of the obligations shall be such that in 10,897
any fiscal year the aggregate amount of moneys from the lottery 10,898
profits education fund, and not from other sources, that are 10,899
pledged to pay bond service charges on obligations issued to 10,900
provide moneys for the school building program assistance fund 10,901
shall not exceed ten million dollars. 10,902
As used in this section, "other sources" includes the 10,904
annual investment income on special funds to the extent the 10,905
income will be available for payment of any bond service charges 10,906
in lieu of use of moneys from the lottery profits education fund. 10,907
The annual investment income shall be estimated on the basis of 10,908
the expected funding of those special funds and assumed 10,909
investment earnings thereon at a rate equal to the weighted 10,910
average yield on investments of those special funds determined as 10,911
of any date within sixty days immediately preceding the date of 10,912
issuance of the bonds in respect of which the determination is 10,913
being made. 10,914
The determinations required by this section shall be made 10,916
by the treasurer of state at the time of issuance of an issue of 10,917
obligations and shall be conclusive for purposes of such issuance 10,918
of obligations from and after their issuance and delivery. 10,919
The maximum maturity of obligations issued pursuant to 10,921
section 3318.26 of the Revised Code to provide moneys for the 10,922
school district facilities fund shall not exceed the maximum 10,923
maturity of the loan made from such fund pursuant to section 10,924
3318.24 of the Revised Code utilizing the proceeds of such 10,925
obligations or ten years, whichever is less. The terms of the 10,926
obligations shall be such that in any fiscal year the aggregate 10,927
244
amount of moneys from the public school building fund that are 10,928
pledged to pay bond service charges on obligations issued to 10,929
provide moneys for the school districts facilities fund shall not 10,930
exceed an amount which shall be established by the Ohio school 10,931
facilities commission. 10,932
Sec. 3318.31. (A) The Ohio school facilities commission 10,943
may perform any act and ensure the performance of any function 10,944
necessary or appropriate to carry out the purposes of, and 10,945
exercise the powers granted under, sections 3318.01 to 3318.33 10,946
AND SECTION 3318.36 of the Revised Code, including any of the 10,947
following: 10,948
(1) Employ and fix the compensation of such employees as 10,952
will facilitate the activities and purposes of the commission, 10,953
and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and rescind, pursuant to section 111.15 10,956
of the Revised Code, rules for the administration of sections 10,958
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 10,960
(3) Contract with, retain the services of, or designate, 10,963
and fix the compensation of, such agents, accountants, 10,964
consultants, advisers, and other independent contractors as may 10,965
be necessary or desirable to carry out the purposes of sections 10,966
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 10,967
(4) Receive and accept any gifts, grants, donations, and 10,970
pledges, and receipts therefrom, to be used for the purposes of 10,971
sections 3318.01 to 3318.33 AND SECTION 3318.36 of the Revised 10,972
Code.
(5) Make and enter into all contracts, commitments, and 10,975
agreements, and execute all instruments, necessary or incidental 10,976
to the performance of its duties and the execution of its rights 10,977
and powers under sections 3318.01 to 3318.33 AND SECTION 3318.36 10,978
of the Revised Code. 10,979
(B) The attorney general shall serve as the legal 10,982
representative for the commission and may appoint other counsel
as necessary for that purpose in accordance with section 109.07 10,984
245
of the Revised Code. 10,985
Sec. 3318.33. (A) THERE IS HEREBY CREATED IN THE STATE 10,987
TREASURY THE OHIO SCHOOL FACILITIES COMMISSION FUND, WHICH SHALL 10,988
CONSIST OF TRANSFERS OF MONEYS AUTHORIZED BY THE GENERAL ASSEMBLY 10,989
AND REVENUES RECEIVED BY THE OHIO SCHOOL FACILITIES COMMISSION 10,990
UNDER SECTION 3318.31 OF THE REVISED CODE. INVESTMENT EARNINGS 10,992
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 10,994
ADMINISTRATIVE EXPENSES, TO PAY THE COST OF CONDUCTING
EVALUATIONS OF CLASSROOM FACILITIES, TO PAY THE COST OF PREPARING 10,995
BUILDING DESIGN SPECIFICATIONS, TO PAY THE COST OF PROVIDING 10,996
PROJECT MANAGEMENT SERVICES, AND FOR OTHER PURPOSES DETERMINED BY 10,997
THE COMMISSION TO BE NECESSARY TO FULFILL ITS DUTIES UNDER 10,998
CHAPTER 3318. OF THE REVISED CODE. 10,999
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER TO 11,001
THE OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT 11,002
EARNINGS ON THE PUBLIC SCHOOL BUILDING FUND, CREATED IN SECTION 11,003
3318.15 OF THE REVISED CODE. THE DIRECTOR OF BUDGET AND 11,004
MANAGEMENT MAY TRANSFER TO THE OHIO SCHOOL FACILITIES COMMISSION 11,005
FUND THE INVESTMENT EARNINGS ON THE SCHOOL BUILDING PROGRAM 11,006
ASSISTANCE FUND, CREATED UNDER SECTION 3318.25 OF THE REVISED 11,007
CODE, IN EXCESS OF THE AMOUNTS NEEDED TO MEET ESTIMATED FEDERAL 11,008
ARBITRAGE REBATE REQUIREMENTS.
Sec. 3318.35. (A) As used in this section: 11,017
(1) "Adjusted valuation per pupil" has MEANS the same 11,019
meaning as in AMOUNT CALCULATED FOR A DISTRICT BY THE DEPARTMENT 11,020
OF EDUCATION UNDER DIVISION (A) OF section 3317.0213 3318.011 of 11,022
the Revised Code.
(2) "Ohio school facilities commission" has the same 11,025
meaning as in section 3318.01 of the Revised Code. 11,026
(B) The Ohio school facilities commission shall establish 11,029
and administer the emergency school building repair program. 11,030
Under the program, the commission shall distribute moneys 11,031
appropriated by the general assembly for such purpose to school 11,032
246
districts, beginning with those districts with an A CURRENT, 11,033
ONE-YEAR adjusted valuation per pupil less than the CURRENT, 11,035
ONE-YEAR adjusted valuation per pupil of the school district with 11,036
the two hundred ninety-third lowest adjusted valuation per pupil 11,037
in the state. The commission shall submit to the controlling 11,039
board for its approval or disapproval requests for allocations of 11,041
lump sums of money from which the commission may disburse funds 11,042
to school districts upon determining that the districts qualify 11,043
for emergency building repair assistance. Any school district 11,045
that receives moneys under this section shall expend them only to 11,046
repair the following:
(1) Heating systems; 11,048
(2) Floors, roofs, and exterior doors; 11,050
(3) Air ducts and other air ventilation devices; 11,053
(4) Emergency exit or egress passageway lighting; 11,055
(5) Fire alarm systems; 11,057
(6) Handicapped access needs; 11,059
(7) Sewage systems; 11,061
(8) Water supplies; 11,063
(9) Asbestos removal; and 11,065
(10) Any other repairs to a school building that meet the 11,068
requirements of the life safety code, as interpreted by the 11,069
commission.
(C) The Ohio school facilities commission shall adopt 11,072
rules in accordance with Chapter 119. of the Revised Code 11,073
necessary to carry out its duties and responsibilities under this 11,074
section.
Sec. 3318.36. (A) AS USED IN THIS SECTION: 11,076
(1) "OHIO SCHOOL FACILITIES COMMISSION," "CLASSROOM 11,078
FACILITIES," "SCHOOL DISTRICT," "SCHOOL DISTRICT BOARD," "NET 11,079
BONDED INDEBTEDNESS," "REQUIRED PERCENTAGE OF THE BASIC PROJECT 11,080
COSTS," "BASIC PROJECT COST," "VALUATION," AND "PERCENTILE" HAVE 11,081
THE SAME MEANINGS AS IN SECTION 3318.01 OF THE REVISED CODE. 11,082
(2) "REQUIRED LEVEL OF INDEBTEDNESS" MEANS FIVE PER CENT 11,084
247
OF THE SCHOOL DISTRICT'S VALUATION FOR THE YEAR PRECEDING THE 11,085
YEAR IN WHICH THE COMMISSION AND SCHOOL DISTRICT ENTER INTO AN 11,086
AGREEMENT UNDER DIVISION (B) OF THIS SECTION, PLUS [TWO 11,088
ONE-HUNDREDTHS OF ONE PER CENT MULTIPLIED BY (THE PERCENTILE IN 11,089
WHICH THE DISTRICT RANKS IN THE FISCAL YEAR THE COMMISSION AND 11,090
THE SCHOOL DISTRICT ENTER INTO SUCH AGREEMENT MINUS ONE)<. 11,091
(B) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING 11,093
ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM. UNDER THE 11,094
PROGRAM, THE OHIO SCHOOL FACILITIES COMMISSION MAY ENTER INTO AN 11,095
AGREEMENT WITH THE SCHOOL DISTRICT BOARD OF ANY SCHOOL DISTRICT 11,097
RANKED IN THE TWENTIETH TO FORTIETH PERCENTILES, AS DETERMINED
UNDER SECTION 3318.011 OF THE REVISED CODE IN THE FISCAL YEAR 11,099
THAT THE COMMISSION AND SCHOOL DISTRICT BOARD ENTER INTO SUCH 11,101
AGREEMENT. UNDER THE AGREEMENT, THE SCHOOL DISTRICT BOARD MAY 11,102
PROCEED WITH THE NEW CONSTRUCTION OR MAJOR REPAIRS OF A PART OF 11,103
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, AS DETERMINED 11,104
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THROUGH 11,105
THE EXPENDITURE OF LOCAL RESOURCES PRIOR TO THE SCHOOL DISTRICT'S 11,106
ELIGIBILITY FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 11,107
3318.20 OF THE REVISED CODE AND MAY APPLY THAT EXPENDITURE TOWARD 11,108
MEETING THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST 11,109
OF THE TOTAL OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, 11,111
AS DETERMINED UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 11,112
CODE AND AS RECALCULATED UNDER DIVISION (E) OF THIS SECTION, THAT 11,113
ARE ELIGIBLE FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 11,114
3318.20 OF THE REVISED CODE WHEN THE SCHOOL DISTRICT BECOMES 11,116
ELIGIBLE FOR SUCH STATE ASSISTANCE.
THE COMMISSION MAY ENTER INTO AN AGREEMENT UNDER THIS 11,118
SECTION WITH NO MORE THAN FIVE SCHOOL DISTRICTS EACH YEAR. 11,119
TO PARTICIPATE IN THE PROGRAM, A SCHOOL DISTRICT BOARD 11,121
SHALL FIRST ADOPT A RESOLUTION CERTIFYING TO THE COMMISSION THE 11,122
BOARD'S INTENT TO PARTICIPATE IN THE PROGRAM. 11,123
THE COMMISSION SHALL CONSIDER SCHOOL DISTRICTS FOR 11,125
PARTICIPATION IN THE PROGRAM UNDER THIS SECTION EACH YEAR IN THE 11,126
248
ORDER IN WHICH THEY ADOPT THE RESOLUTIONS REQUIRED UNDER THIS 11,127
SECTION AND SUBMIT THEM TO THE COMMISSION.
ANY PROJECT UNDER THIS SECTION SHALL COMPLY WITH SECTION 11,129
3318.03 OF THE REVISED CODE AND WITH ANY SPECIFICATIONS FOR PLANS 11,130
AND MATERIALS FOR CLASSROOM FACILITIES ADOPTED BY THE COMMISSION 11,132
UNDER SECTION 3318.04 OF THE REVISED CODE. 11,133
(C) IF THE COMMISSION AND A SCHOOL DISTRICT BOARD ENTER 11,135
INTO AN AGREEMENT AUTHORIZED UNDER DIVISION (B) OF THIS SECTION, 11,136
THE COMMISSION SHALL CONDUCT ON-SITE VISITS TO THE SCHOOL 11,137
DISTRICT AND SHALL CONDUCT AN ASSESSMENT OF THE SCHOOL DISTRICT'S 11,139
CLASSROOM FACILITIES NEEDS AS AUTHORIZED IN SECTION 3318.021 OF 11,140
THE REVISED CODE WITHIN SIX MONTHS OF THE EXECUTION OF THE 11,141
AGREEMENT. BASED ON THE RESULTS OF THE ON-SITE VISITS AND 11,142
ASSESSMENT, THE COMMISSION SHALL DETERMINE THE BASIC PROJECT COST 11,143
OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS. THE 11,144
COMMISSION SHALL DETERMINE THE SCHOOL DISTRICT'S PORTION OF SUCH 11,145
BASIC PROJECT COST, WHICH SHALL BE THE GREATER OF: 11,146
(1) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 11,148
DETERMINED BASED ON THE SCHOOL DISTRICT'S PERCENTILE RANKING IN 11,149
THE FISCAL YEAR THE COMMISSION AND THE SCHOOL DISTRICT ENTER INTO 11,150
THE AGREEMENT UNDER DIVISION (B) OF THIS SECTION; 11,151
(2) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 11,153
BONDED INDEBTEDNESS, AS OF THE FISCAL YEAR THE COMMISSION AND THE 11,154
SCHOOL DISTRICT ENTER INTO THE AGREEMENT UNDER DIVISION (B) OF 11,155
THIS SECTION, TO WITHIN FIVE THOUSAND DOLLARS OF THE REQUIRED 11,156
LEVEL OF INDEBTEDNESS.
(D)(1) WHEN THE COMMISSION DETERMINES THE BASIC PROJECT 11,158
COST OF THE CLASSROOM FACILITIES NEEDS OF A SCHOOL DISTRICT AND 11,159
THE SCHOOL DISTRICT'S PORTION OF THAT BASIC PROJECT COST UNDER 11,161
DIVISION (C) OF THIS SECTION, THE PROJECT SHALL BE CONDITIONALLY 11,162
APPROVED. SUCH CONDITIONAL APPROVAL SHALL BE SUBMITTED TO THE 11,163
CONTROLLING BOARD FOR APPROVAL THEREOF. THE CONTROLLING BOARD 11,164
SHALL FORTHWITH APPROVE OR REJECT THE COMMISSION'S DETERMINATION, 11,165
CONDITIONAL APPROVAL, AND THE AMOUNT OF THE STATE'S PORTION OF 11,166
249
THE BASIC PROJECT COST; HOWEVER, NO STATE FUNDS SHALL BE 11,167
ENCUMBERED UNDER THIS SECTION. UPON APPROVAL BY THE CONTROLLING 11,168
BOARD, THE SCHOOL DISTRICT BOARD MAY IDENTIFY A DISCRETE PART OF 11,170
ITS CLASSROOM FACILITIES NEEDS, WHICH SHALL INCLUDE ONLY NEW 11,171
CONSTRUCTION OF OR ADDITIONS OR MAJOR REPAIRS TO A PARTICULAR 11,172
BUILDING, TO ADDRESS WITH LOCAL RESOURCES. UPON IDENTIFYING A 11,174
PART OF THE SCHOOL DISTRICT'S BASIC PROJECT COST TO ADDRESS WITH 11,175
LOCAL RESOURCES, THE SCHOOL DISTRICT BOARD MAY ALLOCATE ANY 11,176
AVAILABLE SCHOOL DISTRICT MONEYS TO PAY THE COST OF THAT 11,177
IDENTIFIED PART, INCLUDING THE PROCEEDS OF AN ISSUANCE OF BONDS
IF APPROVED BY THE ELECTORS OF THE SCHOOL DISTRICT. 11,179
ALL LOCAL RESOURCES UTILIZED UNDER THIS DIVISION SHALL 11,181
FIRST BE DEPOSITED IN THE PROJECT CONSTRUCTION ACCOUNT REQUIRED 11,182
UNDER SECTION 3318.08 OF THE REVISED CODE.
(2) FOR A SCHOOL DISTRICT TO QUALIFY FOR PARTICIPATION IN 11,184
THE PROGRAM AUTHORIZED UNDER THIS SECTION, THE ELECTORS OF THE 11,185
SCHOOL DISTRICT BY A MAJORITY VOTE SHALL APPROVE THE LEVY OF 11,186
TAXES OUTSIDE THE TEN-MILL LIMITATION FOR A PERIOD NOT TO EXCEED 11,187
TWENTY-THREE YEARS AT THE RATE OF ONE-HALF MILL FOR EACH DOLLAR 11,188
OF VALUATION TO BE USED TO PAY THE COST OF MAINTAINING THE 11,189
CLASSROOM FACILITIES INCLUDED IN THE BASIC PROJECT COST AS 11,190
DETERMINED BY THE COMMISSION. THE FORM OF THE BALLOT TO BE USED 11,191
TO SUBMIT THE QUESTION WHETHER TO APPROVE THE TAX REQUIRED UNDER 11,192
THIS DIVISION TO THE ELECTORS OF THE SCHOOL DISTRICT SHALL BE THE 11,193
FORM FOR AN ADDITIONAL LEVY OF TAXES PRESCRIBED IN DIVISION (C) 11,194
OF SECTION 3318.06 OF THE REVISED CODE. PROCEEDS OF THIS 11,195
ADDITIONAL LEVY OF TAXES SHALL BE DEPOSITED INTO A SEPARATE FUND 11,196
AS SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED 11,197
CODE.
(E) IF THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE 11,199
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE 11,201
BASED ON ITS PERCENTILE RANKING AS DETERMINED UNDER DIVISION (B) 11,202
OF THIS SECTION, THE COMMISSION SHALL CONDUCT A NEW ASSESSMENT OF 11,203
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS AND SHALL 11,204
250
RECALCULATE THE BASIC PROJECT COST BASED ON THIS NEW ASSESSMENT. 11,205
THE BASIC PROJECT COST RECALCULATED UNDER THIS DIVISION SHALL 11,206
INCLUDE THE AMOUNT OF EXPENDITURES MADE BY THE SCHOOL DISTRICT 11,207
BOARD UNDER DIVISION (D)(1) OF THIS SECTION. THE COMMISSION
SHALL THEN RECALCULATE THE SCHOOL DISTRICT'S PORTION OF THE NEW 11,208
BASIC PROJECT COST BY UTILIZING THE PROPORTION OF THE ORIGINAL 11,209
BASIC PROJECT COST ASSIGNED TO THE SCHOOL DISTRICT AS ITS PORTION 11,210
UNDER DIVISION (C) OF THIS SECTION. THE COMMISSION SHALL DEDUCT 11,211
THE EXPENDITURE OF SCHOOL DISTRICT MONEYS MADE UNDER DIVISION 11,212
(D)(1) OF THIS SECTION FROM THE SCHOOL DISTRICT'S PORTION OF THE 11,213
BASIC PROJECT COST AS RECALCULATED UNDER THIS DIVISION. IF THE 11,214
AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE SCHOOL 11,215
DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE BASIC 11,217
PROJECT COST UNDER THIS SECTION IS LESS THAN THE TOTAL AMOUNT OF 11,218
SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE SCHOOL
DISTRICT BOARD BY A MAJORITY VOTE OF ALL OF ITS MEMBERS SHALL, IF 11,219
IT DESIRES TO SEEK STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 11,220
3318.20 OF THE REVISED CODE, ADOPT A RESOLUTION AS SPECIFIED IN 11,222
SECTION 3318.06 OF THE REVISED CODE TO SUBMIT TO THE ELECTORS OF 11,224
THE SCHOOL DISTRICT THE QUESTION OF APPROVAL OF A BOND ISSUE IN 11,225
ORDER TO PAY ANY ADDITIONAL AMOUNT OF SCHOOL DISTRICT PORTION 11,226
REQUIRED FOR STATE ASSISTANCE. THE TAX LEVY APPROVED UNDER 11,227
DIVISION (D)(2) OF THIS SECTION SHALL SATISFY THE REQUIREMENTS TO 11,228
LEVY THE ONE-HALF MILL ADDITIONAL TAX UNDER SECTION 3318.06 OF 11,229
THE REVISED CODE.
IF THE AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE 11,231
SCHOOL DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE 11,232
BASIC PROJECT COST UNDER THIS SECTION IS MORE THAN THE TOTAL 11,233
AMOUNT OF SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE 11,234
COMMISSION MAY REIMBURSE TO THE SCHOOL DISTRICT THE DIFFERENCE 11,235
BETWEEN THE TWO CALCULATED PORTIONS, BUT AT NO TIME SHALL THE 11,236
COMMISSION EXPEND ANY STATE FUNDS ON A PROJECT IN AN AMOUNT 11,237
GREATER THAN THE STATE'S PORTION OF THE BASIC PROJECT COST AS 11,238
RECALCULATED UNDER THIS DIVISION. 11,239
251
Sec. 3319.22. (A) The state board of education shall 11,248
adopt rules establishing the standards and requirements for 11,249
obtaining temporary, associate, provisional, and professional 11,250
educator licenses of any categories, types, and levels the board 11,251
elects to provide. However, no educator license shall be 11,252
required for teaching children two years old or younger.
(B) Any rules the state board of education adopts, amends, 11,254
or rescinds for educator licenses under this section, division 11,255
(D) of section 3301.07 of the Revised Code, or any other law 11,256
shall be adopted, amended, or rescinded under Chapter 119. of the 11,257
Revised Code except as follows: 11,258
(1) Notwithstanding division (D) of section 119.03 and 11,261
division (A)(1) of section 119.04 of the Revised Code, the 11,262
effective date of any rules, or amendment or rescission of any 11,263
rules, shall not be as prescribed in division (D) of section 11,264
119.03 and division (A)(1) of section 119.04 of the Revised Code. 11,265
Instead, the rules or amendment or rescission of the rules shall 11,266
take effect only after the rules or amendment or rescission of 11,267
the rules are filed with the chairpersons of the committees of 11,268
the house of representatives and of the senate that are primarily 11,269
responsible for consideration of education legislation and only 11,270
after approval by the general assembly through adoption of a 11,271
concurrent resolution by a majority of the members of both the
house of representatives and the senate. The effective date of 11,272
the rules shall be the later of the date on which the concurrent 11,273
resolution is adopted by the second house or the date prescribed 11,274
by section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or 11,276
rescind emergency rules in division (F) of section 119.03 of the 11,277
Revised Code, this authority shall not apply to the state board 11,278
of education with regard to rules for educator licenses. 11,279
(C)(1) The rules adopted under this section establishing 11,281
standards requiring additional coursework for the renewal of any 11,282
educator license shall require a school district and a chartered 11,283
252
nonpublic school to establish local professional development 11,284
committees. In a nonpublic school, the chief administrative 11,285
officer shall establish the committees in any manner acceptable
to such officer. The committees established under this division 11,286
shall determine whether coursework that a district or chartered 11,287
nonpublic school teacher proposes to complete meets the 11,288
requirement of the rules. The rules shall establish a procedure 11,289
by which a teacher may appeal the decision of a local 11,290
professional development committee.
(2) In any school district in which there is no exclusive 11,292
representative established under Chapter 4117. of the Revised 11,293
Code, the professional development committees shall be 11,294
established as described in division (C)(2) of this section. 11,295
Not later than the effective date of the rules adopted 11,297
under this section, the board of education of each school 11,298
district shall establish the structure for one or more local 11,299
professional development committees to be operated by such school 11,300
district. The committee structure so established by a district
board shall remain in effect unless within thirty days prior to 11,301
an anniversary of the date upon which the current committee 11,302
structure was established, the board provides notice to all 11,303
affected district employees that the committee structure is to be 11,304
modified. Professional development committees may have a
district-level or building-level scope of operations, and may be 11,305
established with regard to particular grade or age levels for 11,307
which an educator license is designated. 11,308
Each professional development committee shall consist of at 11,310
least three classroom teachers employed by the district, one 11,311
principal employed by the district, and one other employee of the 11,312
district appointed by the district superintendent. For 11,313
committees with a building-level scope, the teacher and principal 11,315
members shall be assigned to that building, and the teacher
members shall be elected by majority vote of the classroom 11,316
teachers assigned to that building. For committees with a 11,317
253
district-level scope, the teacher members shall be elected by 11,319
majority vote of the classroom teachers of the district, and the 11,320
principal member shall be elected by a majority vote of the
principals of the district, unless there are two or fewer 11,321
principals employed by the district, in which case the one or two 11,322
principals employed shall serve on the committee. If a committee 11,323
has a particular grade or age level scope, the teacher members 11,324
shall be licensed to teach such grade or age levels, and shall be 11,325
elected by majority vote of the classroom teachers holding such a
license and the principal shall be elected by all principals 11,326
serving in buildings where any such teachers serve. The district 11,327
superintendent shall appoint a replacement to fill any vacancy 11,328
that occurs on a professional development committee, except in 11,329
the case of vacancies among the elected classroom teacher
members, which shall be filled by vote of the remaining members 11,330
of the committee so selected. 11,331
Terms of office on professional development committees 11,333
shall be prescribed by the district board establishing the 11,334
committees. The conduct of elections for members of professional 11,335
development committees shall be prescribed by the district board 11,336
establishing the committees. A professional development
committee may include additional members, except that the 11,337
majority of members on each such committee shall be classroom 11,338
teachers employed by the district. Any member appointed to fill 11,339
a vacancy occurring prior to the expiration date of the term for 11,340
which a predecessor was appointed shall hold office as a member 11,341
for the remainder of that term.
The initial meeting of any professional development 11,343
committee, upon election and appointment of all committee 11,344
members, shall be called by a member designated by the district 11,345
superintendent. At this initial meeting, the committee shall 11,346
select a chairperson and such other officers the committee deems 11,347
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the 11,348
254
chairperson or upon the filing of a petition with the district 11,349
superintendent signed by a majority of the committee members 11,350
calling for the committee to meet.
(3) In the case of a school district in which an exclusive 11,352
representative has been established pursuant to Chapter 4117. of 11,353
the Revised Code, professional development committees shall be 11,354
established in accordance with any collective bargaining 11,355
agreement in effect in the district that includes provisions for
such committees. 11,356
If the collective bargaining agreement does not specify a 11,358
different method for the selection of teacher members of the 11,359
committees, the exclusive representative of the district's 11,360
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a 11,362
different structure for the committees, the board of education of 11,363
the school district shall establish the structure, including the 11,364
number of committees and the number of teacher and administrative 11,365
members on each committee; the specific administrative members to 11,366
be part of each committee; whether the scope of the committees 11,367
will be district levels, building level LEVELS, or by type of 11,368
grade or age levels for which educator licenses are designated; 11,369
the lengths of terms for members; the manner of filling vacancies 11,370
on the committees; and the frequency and time and place of 11,371
meetings. However, in all cases, except as provided in division 11,372
(C)(4) of this section, there shall be a majority of teacher 11,373
members of any professional development committee, there shall be 11,374
at least five total members of any professional development
committee, and the exclusive representative shall designate 11,375
replacement members in the case of vacancies among teacher 11,376
members, unless the collective bargaining agreement specifies a 11,377
different method of selecting such replacements. 11,378
(4) Whenever an administrator's coursework plan is being 11,381
discussed or voted upon, the local professional development 11,382
committee shall, at the request of one of its administrative 11,383
255
members, cause a majority of the committee to consist of 11,384
administrative members by reducing the number of teacher members 11,385
voting on the plan. 11,386
(D)(1) THE DEPARTMENT OF EDUCATION, EDUCATIONAL SERVICE 11,388
CENTERS, COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL 11,389
DISABILITIES, REGIONAL PROFESSIONAL DEVELOPMENT CENTERS, SPECIAL 11,390
EDUCATION REGIONAL RESOURCE CENTERS, COLLEGE AND UNIVERSITY 11,391
DEPARTMENTS OF EDUCATION, HEAD START PROGRAMS, THE OHIO SCHOOLNET 11,393
COMMISSION, AND THE OHIO EDUCATION COMPUTER NETWORK MAY ESTABLISH 11,394
LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES TO DETERMINE WHETHER 11,395
THE COURSEWORK PROPOSED BY THEIR EMPLOYEES WHO ARE LICENSED OR 11,397
CERTIFICATED UNDER THIS SECTION OR SECTION 3319.222 OF THE 11,398
REVISED CODE MEET THE REQUIREMENTS OF THE RULES ADOPTED UNDER 11,399
THIS SECTION. THEY MAY ESTABLISH LOCAL PROFESSIONAL DEVELOPMENT 11,400
COMMITTEES ON THEIR OWN OR IN COLLABORATION WITH A SCHOOL 11,401
DISTRICT OR OTHER AGENCY HAVING AUTHORITY TO ESTABLISH THEM. 11,402
LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES ESTABLISHED BY 11,404
COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL 11,405
DISABILITIES SHALL BE STRUCTURED IN A MANNER COMPARABLE TO THE 11,406
STRUCTURES PRESCRIBED FOR SCHOOL DISTRICTS IN DIVISIONS (C)(2) 11,407
AND (3) OF THIS SECTION, AS SHALL THE COMMITTEES ESTABLISHED BY 11,408
ANY OTHER ENTITY SPECIFIED IN DIVISION (D)(1) OF THIS SECTION 11,409
THAT PROVIDES EDUCATIONAL SERVICES BY EMPLOYING OR CONTRACTING 11,410
FOR SERVICES OF CLASSROOM TEACHERS LICENSED OR CERTIFICATED UNDER 11,412
THIS SECTION OR SECTION 3319.222 OF THE REVISED CODE. ALL OTHER 11,413
ENTITIES SPECIFIED IN DIVISION (D)(1) OF THIS SECTION SHALL 11,415
STRUCTURE THEIR COMMITTEES IN ACCORDANCE WITH GUIDELINES WHICH 11,416
SHALL BE ISSUED BY THE STATE BOARD.
(2) ANY PUBLIC AGENCY THAT IS NOT SPECIFIED IN DIVISION 11,418
(D)(1) OF THIS SECTION BUT PROVIDES EDUCATIONAL SERVICES AND 11,419
EMPLOYS OR CONTRACTS FOR SERVICES OF CLASSROOM TEACHERS LICENSED 11,420
OR CERTIFICATED UNDER THIS SECTION OR SECTION 3319.222 OF THE 11,421
REVISED CODE MAY ESTABLISH A LOCAL PROFESSIONAL DEVELOPMENT 11,422
COMMITTEE, SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF 11,423
256
EDUCATION. THE COMMITTEE SHALL BE STRUCTURED IN ACCORDANCE WITH 11,425
GUIDELINES ISSUED BY THE STATE BOARD.
Sec. 3319.235. (A) The standards for the preparation of 11,434
teachers adopted under section 3319.23 of the Revised Code shall 11,435
require any institution that provides a course of study for the 11,436
training of teachers to ensure that graduates of such course of 11,437
study are skilled at integrating educational technology in the 11,438
instruction of children, as evidenced by the graduate having
either demonstrated proficiency in such skills in a manner 11,439
prescribed by the department of education or completed a course 11,440
that includes training in such skills. 11,441
(B) The office of information, learning, and technology 11,444
OHIO SCHOOLNET COMMISSION, established in division (B) of 11,445
PURSUANT TO section 3301.80 of the Revised Code, shall establish 11,447
model professional development programs to assist teachers who
completed their teacher preparation prior to the effective date 11,449
of division (A) of this section to become skilled at integrating 11,450
educational technology in the instruction of children. The 11,451
office COMMISSION shall provide technical assistance to school 11,453
districts wishing to establish such programs.
Sec. 3324.01. AS USED IN THIS SECTION AND SECTIONS 3324.02 11,455
THROUGH 3324.06 OF THE REVISED CODE: 11,456
(A) "APPROVED" MEANS APPROVED BY THE DEPARTMENT OF 11,458
EDUCATION AND INCLUDED ON THE LIST COMPILED BY THE DEPARTMENT 11,459
UNDER SECTION 3324.02 OF THE REVISED CODE. 11,460
(B) "GIFTED" MEANS STUDENTS WHO PERFORM OR SHOW POTENTIAL 11,463
FOR PERFORMING AT REMARKABLY HIGH LEVELS OF ACCOMPLISHMENT WHEN
COMPARED TO OTHERS OF THEIR AGE, EXPERIENCE, OR ENVIRONMENT AND 11,465
WHO ARE IDENTIFIED UNDER DIVISION (A), (B), (C), OR (D) OF 11,466
SECTION 3324.03 OF THE REVISED CODE. 11,468
(C) "SCHOOL DISTRICT" DOES NOT INCLUDE A JOINT VOCATIONAL 11,470
SCHOOL DISTRICT. 11,471
(D) "SPECIFIC ACADEMIC ABILITY FIELD" MEANS ONE OR MORE OF 11,473
THE FOLLOWING AREAS OF INSTRUCTION: 11,474
257
(1) MATHEMATICS; 11,476
(2) SCIENCE; 11,478
(3) READING, WRITING, OR A COMBINATION OF THESE SKILLS; 11,480
(4) SOCIAL STUDIES. 11,482
Sec. 3324.02. (A) THE DEPARTMENT OF EDUCATION SHALL 11,484
CONSTRUCT LISTS OF EXISTING ASSESSMENT INSTRUMENTS IT APPROVES 11,485
FOR USE BY SCHOOL DISTRICTS, AND MAY INCLUDE ON THE LISTS AND 11,487
MAKE AVAILABLE TO SCHOOL DISTRICTS ADDITIONAL ASSESSMENT
INSTRUMENTS DEVELOPED BY THE DEPARTMENT. WHEREVER POSSIBLE, THE 11,488
DEPARTMENT SHALL APPROVE ASSESSMENT INSTRUMENTS THAT UTILIZE 11,489
NATIONALLY RECOGNIZED STANDARDS FOR SCORING OR ARE NATIONALLY 11,490
NORMED. THE LISTS OF INSTRUMENTS SHALL INCLUDE: 11,491
(1) INITIAL SCREENING INSTRUMENTS FOR USE IN SELECTING 11,493
POTENTIALLY GIFTED STUDENTS FOR FURTHER ASSESSMENT; 11,494
(2) INSTRUMENTS FOR IDENTIFYING GIFTED STUDENTS UNDER 11,497
SECTION 3324.03 OF THE REVISED CODE.
(B) THE DEPARTMENT, UNDER CHAPTER 119. OF THE REVISED 11,499
CODE, SHALL ALSO ADOPT RULES FOR THE ADMINISTRATION OF ANY TESTS 11,501
OR ASSESSMENT INSTRUMENTS IT APPROVES ON THE LIST REQUIRED BY 11,502
DIVISION (A) OF THIS SECTION AND FOR ESTABLISHING THE SCORES OR 11,503
PERFORMANCE LEVELS REQUIRED UNDER SECTION 3324.03 OF THE REVISED 11,504
CODE.
(C) THE DEPARTMENT SHALL ENSURE THAT THE APPROVED LIST OF 11,506
ASSESSMENT INSTRUMENTS UNDER THIS SECTION INCLUDES INSTRUMENTS 11,507
THAT ALLOW FOR APPROPRIATE SCREENING AND IDENTIFICATION OF GIFTED 11,508
MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH DISABILITIES, 11,510
AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE.
(D) DISTRICTS SHALL SELECT SCREENING AND IDENTIFICATION 11,512
INSTRUMENTS FROM THE APPROVED LISTS FOR INCLUSION IN THEIR 11,513
DISTRICT POLICIES. 11,514
(E) THE DEPARTMENT SHALL MAKE INITIAL LISTS OF APPROVED 11,516
ASSESSMENT INSTRUMENTS AND THE RULES FOR THE ADMINISTRATION OF 11,517
THE INSTRUMENTS AVAILABLE BY SEPTEMBER 1, 1999. 11,518
Sec. 3324.03. THE BOARD OF EDUCATION OF EACH SCHOOL 11,520
258
DISTRICT SHALL IDENTIFY GIFTED STUDENTS IN GRADES KINDERGARTEN 11,521
THROUGH TWELVE AS FOLLOWS: 11,522
(A) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SUPERIOR 11,524
COGNITIVE ABILITY" IF THE STUDENT DID EITHER OF THE FOLLOWING 11,525
WITHIN THE PRECEDING TWENTY-FOUR MONTHS: 11,526
(1) SCORED TWO STANDARD DEVIATIONS ABOVE THE MEAN, MINUS 11,528
THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED INDIVIDUAL 11,529
STANDARDIZED INTELLIGENCE TEST ADMINISTERED BY A LICENSED 11,530
PSYCHOLOGIST;
(2) ACCOMPLISHED ANY ONE OF THE FOLLOWING: 11,532
(a) SCORED AT LEAST TWO STANDARD DEVIATIONS ABOVE THE 11,534
MEAN, MINUS THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED 11,535
STANDARDIZED GROUP INTELLIGENCE TEST; 11,536
(b) PERFORMED AT OR ABOVE THE NINETY-FIFTH PERCENTILE ON 11,538
AN APPROVED INDIVIDUAL OR GROUP STANDARDIZED BASIC OR COMPOSITE 11,539
BATTERY OF A NATIONALLY NORMED ACHIEVEMENT TEST; 11,540
(c) ATTAINED AN APPROVED SCORE ON ONE OR MORE ABOVE-GRADE 11,542
LEVEL STANDARDIZED, NATIONALLY NORMED APPROVED TESTS. 11,543
(B) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SPECIFIC 11,545
ACADEMIC ABILITY" SUPERIOR TO THAT OF CHILDREN OF SIMILAR AGE IN 11,546
A SPECIFIC ACADEMIC ABILITY FIELD IF WITHIN THE PRECEDING 11,548
TWENTY-FOUR MONTHS THE STUDENT PERFORMS AT OR ABOVE THE
NINETY-FIFTH PERCENTILE AT THE NATIONAL LEVEL ON AN APPROVED 11,550
INDIVIDUAL OR GROUP STANDARDIZED ACHIEVEMENT TEST OF SPECIFIC 11,551
ACADEMIC ABILITY IN THAT FIELD. A STUDENT MAY BE IDENTIFIED AS 11,552
GIFTED IN MORE THAN ONE SPECIFIC ACADEMIC ABILITY FIELD. 11,553
(C) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "CREATIVE 11,555
THINKING ABILITY" SUPERIOR TO CHILDREN OF A SIMILAR AGE, IF 11,556
WITHIN THE PREVIOUS TWENTY-FOUR MONTHS, THE STUDENT SCORED ONE 11,557
STANDARD DEVIATION ABOVE THE MEAN, MINUS THE STANDARD ERROR OF 11,558
MEASUREMENT, ON AN APPROVED INDIVIDUAL OR GROUP INTELLIGENCE TEST 11,559
AND ALSO DID EITHER OF THE FOLLOWING: 11,560
(1) ATTAINED A SUFFICIENT SCORE, AS ESTABLISHED BY THE 11,562
DEPARTMENT OF EDUCATION, ON AN APPROVED INDIVIDUAL OR GROUP TEST 11,563
259
OF CREATIVE ABILITY; 11,564
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 11,566
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF CREATIVE 11,567
BEHAVIORS. 11,568
(D) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "VISUAL 11,570
OR PERFORMING ARTS ABILITY" SUPERIOR TO THAT OF CHILDREN OF 11,571
SIMILAR AGE IF THE STUDENT HAS DONE BOTH OF THE FOLLOWING: 11,572
(1) DEMONSTRATED THROUGH A DISPLAY OF WORK, AN AUDITION, 11,574
OR OTHER PERFORMANCE OR EXHIBITION, SUPERIOR ABILITY IN A VISUAL 11,575
OR PERFORMING ARTS AREA; 11,576
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 11,578
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF 11,579
BEHAVIORS RELATED TO A SPECIFIC ARTS AREA. 11,580
Sec. 3324.04. THE BOARD OF EDUCATION OF EACH SCHOOL 11,582
DISTRICT SHALL ADOPT A PLAN BY JANUARY 1, 2000, FOR IDENTIFYING 11,583
GIFTED STUDENTS. THE PLAN SHALL BE SUBMITTED TO THE DEPARTMENT 11,584
OF EDUCATION FOR APPROVAL. THE DEPARTMENT SHALL APPROVE THE PLAN 11,586
WITHIN SIXTY DAYS IF IT CONTAINS ALL OF THE FOLLOWING:
(A) A DESCRIPTION OF THE ASSESSMENT INSTRUMENTS FROM THE 11,588
LIST ADOPTED BY THE DEPARTMENT THAT THE DISTRICT WILL USE TO 11,589
SCREEN AND IDENTIFY GIFTED STUDENTS; 11,590
(B) ACCEPTABLE SCHEDULING PROCEDURES FOR SCREENING AND FOR 11,592
ADMINISTERING ASSESSMENT INSTRUMENTS FOR IDENTIFYING GIFTED 11,593
STUDENTS. THESE PROCEDURES SHALL PROVIDE: 11,595
(1) AT LEAST TWO OPPORTUNITIES A YEAR FOR ASSESSMENT IN 11,597
THE CASE OF STUDENTS REQUESTING ASSESSMENT OR RECOMMENDED FOR 11,598
ASSESSMENT BY TEACHERS, PARENTS, OR OTHER STUDENTS; 11,599
(2) ASSURANCE OF INCLUSION IN SCREENING AND ASSESSMENT 11,601
PROCEDURES FOR MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH 11,602
DISABILITIES, AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE; 11,603
(3) ASSURANCE THAT ANY STUDENT TRANSFERRING INTO THE 11,605
DISTRICT WILL BE ASSESSED WITHIN NINETY DAYS OF THE TRANSFER AT 11,606
THE REQUEST OF A PARENT. 11,607
(C) PROCEDURES FOR NOTIFICATION OF PARENTS WITHIN THIRTY 11,609
260
DAYS ABOUT THE RESULTS OF ANY SCREENING PROCEDURE OR ASSESSMENT 11,610
INSTRUMENT AND THE PROVISION OF AN OPPORTUNITY FOR PARENTS TO 11,611
APPEAL ANY DECISION ABOUT THE RESULTS OF ANY SCREENING PROCEDURE 11,612
OR ASSESSMENT, THE SCHEDULING OF CHILDREN FOR ASSESSMENT, OR THE 11,613
PLACEMENT OF A STUDENT IN ANY PROGRAM OR FOR RECEIPT OF SERVICES; 11,614
(D) A COMMITMENT THAT THE DISTRICT WILL ACCEPT SCORES ON 11,616
ASSESSMENT INSTRUMENTS PROVIDED BY OTHER SCHOOL DISTRICTS OR 11,617
TRAINED PERSONNEL OUTSIDE THE SCHOOL DISTRICT, PROVIDED THE 11,618
ASSESSMENT INSTRUMENTS ARE ON THE LIST APPROVED BY THE DEPARTMENT 11,619
OF EDUCATION UNDER SECTION 3324.02 OF THE REVISED CODE. 11,620
THE DISTRICT'S PLAN MAY PROVIDE FOR THE DISTRICT TO 11,622
CONTRACT WITH ANY QUALIFIED PUBLIC OR PRIVATE SERVICE PROVIDER TO 11,623
PROVIDE SCREENING OR ASSESSMENT SERVICES UNDER THE PLAN. 11,624
THE DEPARTMENT SHALL ASSIST ANY DISTRICT WHOSE PLAN IT 11,626
DISAPPROVES UNDER THIS SECTION TO AMEND THE PLAN SO THAT IT MEETS 11,627
THE REQUIREMENTS OF THIS SECTION. 11,628
Sec. 3324.05. (A) EACH SCHOOL DISTRICT SHALL SUBMIT AN 11,630
ANNUAL REPORT TO THE DEPARTMENT OF EDUCATION SPECIFYING THE 11,631
NUMBER OF STUDENTS IN EACH OF GRADES KINDERGARTEN THROUGH TWELFTH 11,632
SCREENED, THE NUMBER ASSESSED, AND THE NUMBER IDENTIFIED AS 11,633
GIFTED IN EACH CATEGORY SPECIFIED IN SECTION 3324.03 OF THE 11,634
REVISED CODE.
(B) THE DEPARTMENT OF EDUCATION SHALL AUDIT EACH SCHOOL 11,636
DISTRICT'S IDENTIFICATION NUMBERS AT LEAST ONCE EVERY THREE YEARS 11,637
AND MAY SELECT ANY DISTRICT AT RANDOM OR UPON COMPLAINT OR 11,639
SUSPICION OF NONCOMPLIANCE FOR A FURTHER AUDIT TO DETERMINE
COMPLIANCE WITH SECTIONS 3324.03 TO 3324.06 OF THE REVISED CODE. 11,641
(C) THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO 11,643
ANY DISTRICT FOUND IN NONCOMPLIANCE UNDER DIVISION (B) OF THIS 11,644
SECTION. THE DEPARTMENT MAY REDUCE FUNDS RECEIVED BY THE 11,645
DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE BY ANY AMOUNT IF 11,646
THE DISTRICT CONTINUES TO BE NONCOMPLIANT. 11,648
Sec. 3324.06. THE BOARD OF EDUCATION OF EACH SCHOOL 11,650
DISTRICT SHALL ADOPT A STATEMENT OF ITS POLICY FOR THE SCREENING 11,651
261
AND IDENTIFICATION OF GIFTED STUDENTS AND SHALL DISTRIBUTE THE 11,652
POLICY STATEMENT TO PARENTS. THE POLICY STATEMENT SHALL SPECIFY: 11,653
(A) THE CRITERIA AND METHODS THE DISTRICT USES TO SCREEN 11,655
STUDENTS AND TO SELECT STUDENTS FOR FURTHER ASSESSMENT WHO 11,656
PERFORM OR SHOW POTENTIAL FOR PERFORMING AT REMARKABLY HIGH 11,657
LEVELS OF ACCOMPLISHMENT IN ONE OF THE GIFTED AREAS SPECIFIED IN 11,659
SECTION 3324.03 OF THE REVISED CODE;
(B) THE SOURCES OF ASSESSMENT DATA THE DISTRICT USES TO 11,661
SELECT STUDENTS FOR FURTHER TESTING AND AN EXPLANATION FOR 11,662
PARENTS OF THE MULTIPLE ASSESSMENT INSTRUMENTS REQUIRED TO 11,664
IDENTIFY GIFTED STUDENTS UNDER SECTION 3324.03 OF THE REVISED 11,665
CODE;
(C) AN EXPLANATION FOR PARENTS OF THE METHODS THE DISTRICT 11,667
USES TO ENSURE EQUAL ACCESS TO SCREENING AND FURTHER ASSESSMENT 11,668
BY ALL DISTRICT STUDENTS, INCLUDING MINORITY OR DISADVANTAGED 11,670
STUDENTS, CHILDREN WITH DISABILITIES, AND STUDENTS FOR WHOM 11,671
ENGLISH IS A SECOND LANGUAGE;
(D) PROVISIONS TO ENSURE EQUAL OPPORTUNITY FOR ALL 11,673
DISTRICT STUDENTS IDENTIFIED AS GIFTED TO RECEIVE ANY SERVICES 11,674
OFFERED BY THE DISTRICT; 11,675
(E) PROVISIONS FOR STUDENTS TO WITHDRAW FROM GIFTED 11,677
PROGRAMS OR SERVICES, FOR REASSESSMENT OF STUDENTS, AND FOR 11,678
ASSESSMENT OF STUDENTS TRANSFERRING INTO THE DISTRICT; 11,679
(F) METHODS FOR RESOLVING DISAGREEMENTS BETWEEN PARENTS 11,681
AND THE DISTRICT CONCERNING IDENTIFICATION AND PLACEMENT 11,682
DECISIONS.
A COPY OF THE DISTRICT'S POLICY ADOPTED UNDER THIS SECTION 11,684
SHALL ACCOMPANY THE DISTRICT'S PLAN SUBMITTED TO THE DEPARTMENT 11,685
OF EDUCATION UNDER SECTION 3324.04 OF THE REVISED CODE. 11,686
Sec. 3324.07. (A) THE BOARD OF EDUCATION OF EACH SCHOOL 11,688
DISTRICT SHALL DEVELOP A PLAN FOR THE SERVICE OF GIFTED STUDENTS 11,689
ENROLLED IN THE DISTRICT THAT ARE IDENTIFIED UNDER SECTION 11,690
3324.03 OF THE REVISED CODE. SERVICES SPECIFIED IN THE PLAN 11,691
DEVELOPED BY EACH BOARD MAY INCLUDE SUCH OPTIONS AS THE 11,692
262
FOLLOWING:
(1) A DIFFERENTIATED CURRICULUM; 11,694
(2) CLUSTER GROUPING; 11,696
(3) MENTORSHIPS; 11,698
(4) ACCELERATED COURSE WORK; 11,700
(5) THE POST-SECONDARY ENROLLMENT OPTION PROGRAM UNDER 11,702
CHAPTER 3365. OF THE REVISED CODE; 11,703
(6) ADVANCED PLACEMENT; 11,705
(7) HONORS CLASSES; 11,707
(8) MAGNET SCHOOLS; 11,709
(9) SELF-CONTAINED CLASSROOMS; 11,711
(10) INDEPENDENT STUDY; 11,713
(11) OTHER OPTIONS IDENTIFIED IN RULES ADOPTED BY THE 11,715
DEPARTMENT OF EDUCATION. 11,716
(B) EACH BOARD SHALL FILE THE PLAN DEVELOPED UNDER 11,718
DIVISION (A) OF THIS SECTION WITH THE DEPARTMENT OF EDUCATION BY 11,720
DECEMBER 15, 2000. THE DEPARTMENT SHALL REVIEW AND ANALYZE EACH 11,721
PLAN TO DETERMINE IF IT IS ADEQUATE AND TO MAKE FUNDING 11,723
ESTIMATES.
(C) UNLESS OTHERWISE REQUIRED BY LAW, RULE, OR AS A 11,725
CONDITION FOR RECEIPT OF FUNDS, SCHOOL BOARDS MAY IMPLEMENT THE 11,726
PLANS DEVELOPED UNDER DIVISION (A) OF THIS SECTION, BUT SHALL NOT 11,727
BE REQUIRED TO DO SO UNTIL FURTHER ACTION BY THE GENERAL ASSEMBLY 11,728
OR THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 11,730
Sec. 3332.05. (A) The state board of proprietary school 11,739
registration shall issue a certificate of registration to an 11,740
applicant of good reputation seeking to offer one or more 11,741
programs upon receipt of the fee established in accordance with 11,742
section 3332.07 of the Revised Code and upon determining the 11,743
applicant has the facilities, resources, and faculty to provide 11,744
students with the kind of instruction that it proposes to offer 11,745
and meets the minimum standards of the board. A certificate of 11,746
registration shall be granted or denied within one hundred twenty 11,747
days of the receipt of the application therefor by the board. A 11,748
263
person shall obtain a separate certificate for each location at 11,749
which he THE PERSON offers programs. A THE FIRST certificate of 11,751
registration ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS 11,752
AMENDMENT FOR EACH NEW LOCATION IS VALID FOR ONE YEAR, UNLESS 11,753
EARLIER REVOKED FOR CAUSE BY THE BOARD UNDER SECTION 3332.09 OF 11,754
THE REVISED CODE. ANY OTHER CERTIFICATE OF REGISTRATION is valid 11,755
for two years, unless earlier revoked for cause by the board 11,756
UNDER THAT SECTION. 11,757
(B) The board shall issue program authorization for an 11,759
associate degree, certificate, or diploma program to an applicant 11,760
holding a certificate of registration issued pursuant to division 11,761
(A) of this section upon receipt of the fee established in 11,762
accordance with section 3332.07 of the Revised Code and upon 11,763
determining the applicant has the facilities, resources, and 11,764
faculty to provide students the kind of program it proposes to 11,765
offer and meets the minimum standards of the state board. 11,766
The state board shall promptly furnish the Ohio board of 11,768
regents a copy of all applications for issuance or renewal of 11,769
program authorization to offer any associate degree program. 11,770
Prior to the issuance or renewal of such program authorization 11,771
the state board shall conduct an on-site visit of the school 11,772
proposing the program. A representative of the board of regents 11,773
shall participate in the visit. Within twenty-one days of the 11,774
on-site visit the representative of the board of regents shall 11,775
provide the state board with a written statement recommending 11,776
approval or disapproval of the application. 11,777
Any program authorization issued by the board under this 11,779
division is valid only for the specified program at the location 11,780
for which it is issued and does not cover any other program 11,781
offered at the school or at other schools operated by the owner. 11,782
Program authorization is valid for the period of time specified 11,783
by the board, unless earlier suspended or revoked for cause by 11,784
the board UNDER SECTION 3332.09 OF THE REVISED CODE. 11,785
(C) The state board shall accept and review all 11,787
264
applications for program authorization for baccalaureate, 11,788
master's, and doctoral degree programs only from schools holding 11,789
certificates of registration issued by the board that have held 11,790
such certificates for the ten previous consecutive years. After 11,791
review the board shall refer any application it finds valid to 11,792
the Ohio board of regents for approval. The board of regents 11,793
shall review, and approve or disapprove, such degree programs and 11,794
if so approved, issue certificates of authorization to such 11,795
schools to offer such degree programs pursuant to Chapter 1713. 11,796
of the Revised Code. The board of regents shall notify the state 11,797
board of proprietary school registration of each school 11,798
registered with the state board that receives a certificate of 11,799
authorization and the approval to offer any degree program. Upon 11,800
receipt of such notification and the fee established in 11,801
accordance with section 3332.07 of the Revised Code, the state 11,802
board shall review, and may issue program authorization to offer, 11,803
such a degree program. Any program authorization issued by the 11,804
board under this division is valid only for the specified program 11,805
at the location for which it is issued and does not cover any 11,806
other program offered at the school or at other schools operated 11,807
by the owner. Program authorization is valid for the period of 11,808
time specified by the board, unless earlier suspended or revoked 11,809
for cause by the board UNDER SECTION 3332.09 OF THE REVISED CODE. 11,810
The state board shall not issue such program authorization unless 11,812
the degree program has been approved by the board of regents. 11,813
(D) The board may cause an investigation to be made into 11,815
the correctness of the information submitted in any application 11,816
received under this section. If the board believes that false, 11,817
misleading, or incomplete information has been submitted to it in 11,818
connection with any application, the board shall conduct a 11,819
hearing on the matter pursuant to Chapter 119. of the Revised 11,820
Code, and may withhold a certificate of registration or program 11,821
authorization upon finding that the applicant has failed to meet 11,822
the standards for such certificate or program authorization or 11,823
265
has submitted false, misleading, or incomplete information to the 11,824
board. Application for a certificate of registration or program 11,825
authorization shall be made in writing to the board on forms 11,826
furnished by the board. A certificate of registration or 11,827
program authorization is not transferable and shall be 11,828
prominently displayed on the premises of an institution. 11,829
The board shall assign registration numbers to all schools 11,831
registered with it. Schools shall display their registration 11,832
numbers on all school publications and on all advertisements 11,833
bearing the name of the school. 11,834
Notwithstanding the requirements of this section for 11,836
issuance of certificates of registration and program 11,837
authorization, the board may, in accordance with rules adopted by 11,838
it, grant certificates of registration and program authorization 11,839
to schools, colleges, institutes, or universities that have been 11,840
approved by the state department of education pursuant to the 11,841
"Act of March 3, 1966," 80 Stat. 20, 38 U.S.C.A. 1771. 11,842
Sec. 3332.07. (A) Each application for issuance and 11,851
renewal of a certificate of registration, for the issuance and 11,852
renewal of program authorization, for issuance and renewal of 11,853
agent's permits, and for any other service specified by the state 11,854
board of proprietary school registration shall be accompanied by 11,855
the required fee. Fees submitted under this section are not 11,856
returnable even if approval or renewal is denied. 11,857
(B) Fee schedules for the issuance and renewal of 11,859
certificates of registration, for the issuance and renewal of 11,860
program authorization, for issuance and renewal of agent's 11,861
permits, and for any other service specified by the board shall 11,862
be established by rule adopted by the state board. THE FEE FOR A 11,863
ONE-YEAR CERTIFICATE OF REGISTRATION SHALL BE ONE-HALF THE FEE 11,864
FOR A TWO-YEAR CERTIFICATE. 11,865
(C) If in any fiscal year the amount received in fees 11,867
under this section does not equal or exceed fifty per cent of 11,868
board expenditures for the fiscal year, the board shall increase 11,869
266
fees for the ensuing fiscal year by an amount estimated to be 11,870
sufficient to produce revenues equal to fifty per cent of 11,871
estimated expenditures for that ensuing fiscal year. 11,872
Sec. 3332.084. The student tuition recovery authority may: 11,881
(A) Adopt bylaws for the regulation of its affairs and the 11,883
conduct of its business; 11,884
(B) Maintain a principal office at such place within the 11,886
state as is designated by the authority; 11,887
(C) Distribute moneys from the STUDENT TUITION RECOVERY 11,889
fund to or on behalf of students who are determined eligible by 11,891
the authority;
(D) REDUCE CONTRIBUTIONS TO OR UTILIZE EXCESS MONEY IN THE 11,893
FUND, AS PROVIDED IN DIVISION (C) OF SECTION 3332.085 OF THE 11,894
REVISED CODE.
Sec. 3332.085. (A) Within thirty days after the effective 11,903
date of this section and not NOT later than the thirty-first day 11,904
of August in each year thereafter, each school registered by the 11,905
state board of proprietary school registration shall pay into the 11,906
student tuition recovery fund in the following amounts: 11,907
(1) Schools initially registered or sold on or after the 11,909
effective date of this section JULY 28, 1989, for the first five 11,911
payments $500;
(2) Any other school, according to its prior year's 11,913
tuition receipts: 11,914
Up to $400,000 $ 200 11,916
$400,001 to $700,000 400 11,917
$700,001 to $1,000,000 800 11,918
Over $1,000,000 1,000 11,919
Checks shall be made payable to the student tuition 11,922
recovery fund and sent to the executive director of the state 11,923
board, who shall promptly forward all such receipts to the 11,924
treasurer of state. Failure of a school to make a payment is 11,925
cause for cancellation of its certificate of registration. 11,926
(B) The student tuition recovery authority may impose a 11,928
267
special assessment on the schools in an amount up to the amount 11,929
of an annual contribution if the draw on the money exceeds the 11,930
money on hand. 11,931
(C) Once the fund has assets in excess of liabilities of 11,933
approximately one million dollars, the authority may reduce: 11,934
(1) REDUCE or eliminate the annual contributions, except 11,937
on institutions that are required to contribute to the fund for 11,938
at least a five-year period. The reduction in contributions to 11,939
the fund will be at the discretion of the authority but they will 11,940
be guided by the objective to maintain assets in excess of 11,941
liabilities of approximately one million dollars. 11,942
(2) UTILIZE MONEYS IN EXCESS OF THE ASSETS REQUIRED TO BE 11,944
MAINTAINED IN THE FUND BY DIVISION (C)(1) OF THIS SECTION FOR THE 11,945
PURPOSES OF DISSEMINATING CONSUMER INFORMATION ABOUT PROPRIETARY 11,946
SCHOOLS AND MAINTAINING STUDENT RECORDS FROM CLOSED SCHOOLS. 11,947
Sec. 3333.04. The Ohio board of regents shall: 11,956
(A) Make studies of state policy in the field of higher 11,958
education and formulate a master plan for higher education for 11,959
the state, considering the needs of the people, the needs of the 11,960
state, and the role of individual public and private institutions 11,961
within the state in fulfilling these needs; 11,962
(B)(1) Report annually to the governor and the general 11,964
assembly on the findings from its studies and the master plan for 11,965
higher education for the state; 11,966
(2) Report at least semiannually to the general assembly 11,968
and the governor the enrollment numbers at each state-assisted 11,969
institution of higher education. 11,970
(C) Approve or disapprove the establishment of new 11,972
branches or academic centers of state colleges and universities; 11,973
(D) Approve or disapprove the establishment of state 11,975
technical colleges or any other state institution of higher 11,976
education; 11,977
(E) Recommend the nature of the programs, undergraduate, 11,979
graduate, professional, state-financed research, and public 11,980
268
services which should be offered by the state colleges, 11,981
universities, and other state-assisted institutions of higher 11,982
education in order to utilize to the best advantage their 11,983
facilities and personnel; 11,984
(F) Recommend to the state colleges, universities, and 11,986
other state-assisted institutions of higher education graduate or 11,987
professional programs, including, but not limited to, doctor of 11,988
philosophy, doctor of education, and juris doctor programs, that 11,989
could be eliminated because they constitute unnecessary 11,990
duplication, as shall be determined using the process developed 11,991
pursuant to this section, or for other good and sufficient cause. 11,992
For purposes of determining the amounts of any state 11,993
instructional subsidies paid to these colleges, universities, and 11,994
institutions, the board may exclude students enrolled in any 11,995
program that the board has recommended for elimination pursuant 11,996
to this division except that the board shall not exclude any such 11,997
student who enrolled in the program prior to the date on which 11,998
the board initially commences to exclude students under this 11,999
division. The board of regents and these colleges, universities, 12,000
and institutions shall jointly develop a process for determining 12,001
which existing graduate or professional programs constitute 12,002
unnecessary duplication. 12,003
(G) Recommend to the state colleges, universities, and 12,005
other state-assisted institutions of higher education programs 12,006
which should be added to their present programs; 12,007
(H) Conduct studies for the state colleges, universities, 12,009
and other state-assisted institutions of higher education to 12,010
assist them in making the best and most efficient use of their 12,011
existing facilities and personnel; 12,012
(I) Make recommendations to the governor and general 12,014
assembly concerning the development of state-financed capital 12,015
plans for higher education; the establishment of new state 12,016
colleges, universities, and other state-assisted institutions of 12,017
higher education; and the establishment of new programs at the 12,018
269
existing state colleges, universities, and other institutions of 12,019
higher education; 12,020
(J) Review the appropriation requests of the public 12,022
community colleges and the state colleges and universities and 12,023
submit to the office of budget and management and to the 12,024
chairpersons of the finance committees of the house of 12,025
representatives and of the senate its recommendations in regard 12,026
to the biennial higher education appropriation for the state, 12,027
including appropriations for the individual state colleges and 12,028
universities and public community colleges. For the purpose of 12,029
determining the amounts of instructional subsidies to be paid to 12,030
state-assisted colleges and universities, the board shall define 12,031
"full-time equivalent student" by program per academic year. The 12,032
definition may take into account the establishment of minimum 12,033
enrollment levels in technical education programs below which 12,034
support allowances will not be paid. Except as otherwise 12,035
provided in this section, the board shall make no change in the 12,036
definition of "full-time equivalent student" in effect on 12,037
November 15, 1981, which would increase or decrease the number of 12,038
subsidy-eligible full-time equivalent students, without first 12,039
submitting a fiscal impact statement to the president of the 12,040
senate, the speaker of the house of representatives, the 12,041
legislative budget office of the legislative service commission, 12,042
and the director of budget and management. The board shall work 12,043
in close cooperation with the director of budget and management 12,044
in this respect and in all other matters concerning the 12,045
expenditures of appropriated funds by state colleges, 12,046
universities, and other institutions of higher education. 12,047
(K) Seek the cooperation and advice of the officers and 12,049
trustees of both public and private colleges, universities, and 12,050
other institutions of higher education in the state in performing 12,051
its duties and making its plans, studies, and recommendations; 12,052
(L) Appoint advisory committees consisting of persons 12,054
associated with public or private secondary schools, members of 12,055
270
the state board of education, or personnel of the state 12,056
department of education; 12,057
(M) Appoint advisory committees consisting of college and 12,059
university personnel, or other persons knowledgeable in the field 12,060
of higher education, or both, in order to obtain their advice and 12,061
assistance in defining and suggesting solutions for the problems 12,062
and needs of higher education in this state; 12,063
(N) Approve or disapprove all new degrees and new degree 12,065
programs at all state colleges, universities, and other 12,066
state-assisted institutions of higher education; 12,067
(O) Adopt such rules as are necessary to carry out its 12,069
duties and responsibilities; 12,070
(P) Establish and submit to the governor and the general 12,072
assembly a clear and measurable set of goals and timetables for 12,073
their achievement for each program under the supervision of the 12,074
board that is designed to accomplish any of the following: 12,075
(1) Increased access to higher education; 12,077
(2) Job training; 12,079
(3) Adult literacy; 12,081
(4) Research; 12,083
(5) Excellence in higher education; 12,085
(6) Reduction in the number of graduate programs within 12,087
the same subject area. 12,088
In July of each odd-numbered year, the board of regents 12,090
shall submit to the governor and the general assembly a report on 12,091
progress made toward these goals. 12,092
(Q) Make recommendations to the governor and the general 12,094
assembly regarding the design and funding of the student 12,095
financial aid programs specified in sections 3333.12, 3333.21 to 12,096
3333.27, and 5910.02 of the Revised Code; 12,097
(R) Participate in education-related state or federal 12,099
programs on behalf of the state and assume responsibility for the 12,100
administration of such programs in accordance with applicable 12,101
state or federal law; 12,102
271
(S) Adopt rules for student financial aid programs as 12,105
required by sections 3333.12, 3333.21 to 3333.27, 3333.28, 12,106
3333.29, and 5910.02 of the Revised Code, and perform any other 12,107
administrative functions assigned to the board by those sections; 12,109
(T) Administer contracts under sections 3702.74 and 12,112
3702.75 of the Revised Code in accordance with rules adopted by 12,114
the director of health under section 3702.79 of the Revised Code; 12,115
(U) CONDUCT ENROLLMENT AUDITS OF STATE-SUPPORTED 12,117
INSTITUTIONS OF HIGHER EDUCATION; 12,118
(V) APPOINT CONSORTIUMS OF COLLEGE AND UNIVERSITY 12,120
PERSONNEL TO PARTICIPATE IN THE DEVELOPMENT AND OPERATION OF 12,121
STATEWIDE COLLABORATIVE EFFORTS, INCLUDING THE OHIO SUPERCOMPUTER 12,122
CENTER, THE OHIO ACADEMIC RESOURCES NETWORK, OHIOLINK, AND THE 12,124
OHIO LEARNING NETWORK. FOR EACH CONSORTIUM, THE BOARD SHALL 12,125
DESIGNATE A COLLEGE OR UNIVERSITY TO SERVE AS THAT CONSORTIUM'S 12,126
FISCAL AGENT, FINANCIAL OFFICER, AND EMPLOYER. ANY FUNDS 12,127
APPROPRIATED TO THE BOARD FOR CONSORTIUMS SHALL BE DISTRIBUTED TO 12,128
THE FISCAL AGENTS FOR THE OPERATION OF THE CONSORTIUMS. A 12,129
CONSORTIUM SHALL FOLLOW THE RULES OF THE COLLEGE OR UNIVERSITY 12,130
THAT SERVES AS ITS FISCAL AGENT. 12,131
Sec. 3333.12. (A) As used in this section: 12,140
(1) "Eligible student" means an undergraduate student who 12,142
is: 12,143
(a) An Ohio resident; 12,145
(b) Enrolled in either of the following: 12,147
(i) An accredited institution of higher education in this 12,149
state that meets the requirements of Title VI of the Civil Rights 12,150
Act of 1964 and is state-assisted, is nonprofit and has a 12,151
certificate of authorization from the Ohio board of regents 12,152
pursuant to Chapter 1713. of the Revised Code, or has a 12,153
certificate of registration from the state board of proprietary 12,154
school registration and program authorization to award an 12,155
associate or bachelor's degree. Students who attend an 12,156
institution that holds a certificate of registration shall be 12,157
272
enrolled in a program leading to an associate or bachelor's 12,158
degree for which associate or bachelor's degree program the 12,159
institution has program authorization issued under section 12,160
3332.05 of the Revised Code. 12,161
(ii) A technical education program of at least two years 12,163
duration sponsored by a private institution of higher education 12,164
in this state that meets the requirements of Title VI of the 12,165
Civil Rights Act of 1964. 12,166
(c) Enrolled as a full-time student or enrolled as a less 12,168
than full-time student for the term expected to be the student's 12,170
final term of enrollment and is enrolled for the number of credit 12,171
hours necessary to complete the requirements of the program in 12,172
which the student is enrolled. 12,173
(2) "Gross income" includes all taxable and nontaxable 12,175
income of the parents, the student, and the student's spouse, 12,176
except income derived from an Ohio academic scholarship and, 12,177
income earned by the student between the last day of the spring 12,178
term and the first day of the fall term, as published by the 12,179
institution in which the student is enrolled. In the case of 12,180
self-employed persons, business expenses as defined by the Ohio 12,181
board of regents shall be subtracted from taxable and nontaxable 12,183
income. Where no gross income or inadequate gross income as 12,184
determined by the board is reported, the board shall establish a 12,185
formula for determining the means by which the family maintained 12,186
itself and translate the data into gross income for Ohio 12,187
instructional grant purposes. Family income may be verified by 12,188
supplying to the board a copy of the federal government tax 12,189
return, by authorizing access to the family federal government 12,190
income tax return, AND OTHER INCOME EXCLUSIONS DESIGNATED BY THE 12,191
BOARD. GROSS INCOME MAY BE VERIFIED TO THE BOARD BY THE 12,192
INSTITUTION IN WHICH THE STUDENT IS ENROLLED USING THE FEDERAL 12,193
FINANCIAL AID ELIGIBILITY VERIFICATION PROCESS or by other means 12,195
satisfactory to the board.
(3) "Resident," "full-time student," "dependent," 12,197
273
"financially independent," and "accredited" shall be defined by 12,198
rules adopted by the board. 12,199
(4) "Federal law" means the "Higher Education Amendments 12,201
of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended. 12,202
(5) "Default rate" means the cohort default rate 12,204
determined by the United States secretary of education pursuant 12,205
to federal law. 12,206
(6) "School year" means the twelve months that begin on 12,208
the first day of August of a calendar year and end on the 12,209
thirty-first day of July of the following calendar year. 12,210
(B) The Ohio board of regents shall establish and 12,212
administer an instructional grant program and may adopt rules to 12,213
carry out this section. The general assembly shall support the 12,214
instructional grant program by such sums and in such manner as it 12,215
may provide, but the board may also receive funds from other 12,216
sources to support the program. If the amounts available for 12,217
support of the program are inadequate to provide grants to all 12,218
eligible students, preference in the payment of grants shall be 12,219
given in terms of income, beginning with the lowest income 12,220
category of gross income and proceeding upward by category to the 12,221
highest gross income category. 12,222
An instructional grant shall be paid to an eligible student 12,224
through the institution in which the student is enrolled, except 12,226
that no instructional grant shall be paid to any person serving a 12,227
term of imprisonment. Applications for such grants shall be made 12,229
as prescribed by the board, and such applications may be made in 12,230
conjunction with and upon the basis of information provided in 12,231
conjunction with student assistance programs funded by agencies 12,232
of the United States government or from financial resources of 12,233
the institution of higher education. The institution shall 12,234
certify that the student applicant meets the requirements set 12,235
forth in divisions (A)(1)(b) and (c) of this section. 12,236
Instructional grants shall be provided to an eligible student 12,237
only as long as the student is making appropriate progress toward 12,238
274
a nursing diploma or an associate or bachelor's degree. The 12,239
grant shall cover any two semesters, three quarters, or the 12,240
equivalent of one academic year. No student shall be eligible to 12,241
receive a grant for more than ten semesters, fifteen quarters, or 12,242
the equivalent of five academic years. A grant made to an 12,243
eligible student on the basis of less than full-time enrollment 12,244
shall be based on the number of credit hours for which the 12,245
student is enrolled and shall be computed in accordance with a 12,246
formula adopted by the board. No student shall receive more than 12,247
one grant on the basis of less than full-time enrollment. 12,248
An instructional grant shall not exceed the total 12,250
instructional and general charges of the institution. 12,251
(C) For THE TABLES IN THIS DIVISION PRESCRIBE THE MAXIMUM 12,254
GRANT AMOUNTS COVERING TWO SEMESTERS, THREE QUARTERS, OR A 12,255
COMPARABLE PORTION OF ONE ACADEMIC YEAR. GRANT AMOUNTS FOR 12,256
ADDITIONAL TERMS IN THE SAME ACADEMIC YEAR SHALL BE DETERMINED 12,257
UNDER DIVISION (D) OF THIS SECTION. 12,258
FOR a full-time student who is a dependent and enrolled in 12,262
a nonprofit educational institution that is not a state-assisted 12,263
institution and that has a certificate of authorization issued 12,264
pursuant to Chapter 1713. of the Revised Code, the amount of the 12,265
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 12,266
COMPARABLE PORTION OF the academic year shall be determined in 12,268
accordance with the following table:
Table of Grants 12,270
Maximum Grant $4,428 4,872 12,272
Gross Income Number of Dependents 12,273
1 2 3 4 5 or 12,280
more
Under $11,001 $4,428 $4,428 $4,428 $4,428 $4,428 12,284
$11,001 - $12,000 3,984 4,428 4,428 4,428 4,428 12,289
$12,001 - $13,000 3,534 3,984 4,428 4,428 4,428 12,294
$13,001 - $14,000 3,096 3,534 3,984 4,428 4,428 12,299
$14,001 - $15,000 2,658 3,096 3,534 3,984 4,428 12,304
275
$15,001 - $16,000 2,220 2,658 3,096 3,534 3,984 12,309
$16,001 - $17,000 1,770 2,220 2,658 3,096 3,534 12,315
$17,001 - $20,000 1,320 1,770 2,220 2,658 3,096 12,321
$20,001 - $23,000 1,092 1,320 1,770 2,220 2,658 12,327
$23,001 - $26,000 882 1,092 1,320 1,770 2,220 12,332
$26,001 - $29,000 804 882 1,092 1,320 1,770 12,337
$29,001 - $31,000 720 804 882 1,092 1,320 12,342
Over $31,000 -0- -0- -0- -0- -0- 12,343
UNDER $13,001 $4,872 $4,872 $4,872 $4,872 $4,872 12,351
$13,001 - $14,000 4,386 4,872 4,872 4,872 4,872 12,357
$14,001 - $15,000 3,888 4,386 4,872 4,872 4,872 12,363
$15,001 - $16,000 3,408 3,888 4,386 4,872 4,872 12,369
$16,001 - $17,000 2,928 3,408 3,888 4,386 4,872 12,375
$17,001 - $20,000 2,442 2,928 3,408 3,888 4,386 12,381
$20,001 - $23,000 1,944 2,442 2,928 3,408 3,888 12,387
$23,001 - $26,000 1,452 1,944 2,442 2,928 3,408 12,393
$26,001 - $29,000 1,200 1,452 1,944 2,442 2,928 12,399
$29,001 - $30,000 966 1,200 1,452 1,944 2,442 12,405
$30,001 - $31,000 882 966 1,200 1,452 1,944 12,411
$31,001 - $32,000 792 882 966 1,200 1,452 12,417
$32,001 - $33,000 396 792 882 966 1,200 12,423
$33,001 - $34,000 -0- 396 792 882 966 12,429
$34,001 - $35,000 -0- -0- 396 792 882 12,435
$35,001 - $36,000 -0- -0- -0- 396 792 12,441
$36,001 - $37,000 -0- -0- -0- -0- 396 12,447
OVER $37,000 -0- -0- -0- -0- -0- 12,453
For a full-time student who is financially independent and 12,456
enrolled in a nonprofit educational institution that is not a 12,457
state-assisted institution and that has a certificate of 12,458
authorization issued pursuant to Chapter 1713. of the Revised 12,459
Code, the amount of the instructional grant for TWO SEMESTERS, 12,461
THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year 12,462
shall be determined in accordance with the following table: 12,463
Table of Grants 12,465
276
Maximum Grant $4,428 4,872 12,466
Gross Income Number of Dependents 12,467
0 1 2 3 4 5 or 12,474
more
Under $3,601 $4,428 $4,428 $4,428 $4,428 $4,428 $4,428 12,479
$3,601 - $4,200 3,984 4,428 4,428 4,428 4,428 4,428 12,485
$4,201 - $4,700 3,534 3,984 4,428 4,428 4,428 4,428 12,491
$4,701 - $5,200 3,096 3,534 3,984 4,428 4,428 4,428 12,497
$5,201 - $5,700 2,658 3,096 3,534 3,984 4,428 4,428 12,503
$5,701 - $6,200 $ 2,220 2,658 3,096 3,534 3,984 4,428 12,509
$6,201 - $7,200 1,770 2,220 2,658 3,096 3,534 3,984 12,515
$7,201 - $8,200 1,320 1,770 2,220 2,658 3,096 3,534 12,521
$8,201 - $9,200 1,092 1,320 1,770 2,220 2,658 3,096 12,527
$9,201 - $10,700 882 1,092 1,320 1,770 2,220 2,658 12,533
$10,701 - $12,200 804 882 1,092 1,320 1,770 2,220 12,539
$12,201 - $13,700 720 804 882 1,092 1,320 1,770 12,545
$13,701 - $15,200 -0- 720 804 882 1,092 1,320 12,550
$15,201 - $18,200 -0- -0- 720 804 882 1,092 12,555
$18,201 - $21,200 -0- -0- -0- 720 804 882 12,560
$21,201 - $24,200 -0- -0- -0- -0- 720 804 12,564
$24,201 - $28,900 -0- -0- -0- -0- -0- 720 12,568
Over $28,900 -0- -0- -0- -0- -0- -0- 12,570
UNDER $4,201 $4,872 $4,872 $4,872 $4,872 $4,872 $4,872 12,579
$4,201 - $4,800 4,386 4,872 4,872 4,872 4,872 4,872 12,586
$4,801 - $5,300 3,888 4,386 4,872 4,872 4,872 4,872 12,593
$5,301 - $5,800 3,408 3,888 4,386 4,872 4,872 4,872 12,600
$5,801 - $6,300 2,928 3,408 3,888 4,386 4,872 4,872 12,607
$6,301 - $6,800 2,442 2,928 3,408 3,888 4,386 4,872 12,614
$6,801 - $7,800 1,944 2,442 2,928 3,408 3,888 4,386 12,621
$7,801 - $8,800 1,452 1,944 2,442 2,928 3,408 3,888 12,628
$8,801 - $9,800 1,200 1,452 1,944 2,442 2,928 3,408 12,635
$9,801 - $11,300 966 1,200 1,452 1,944 2,442 2,928 12,642
$11,301 - $12,800 882 966 1,200 1,452 1,944 2,442 12,649
$12,801 - $14,300 792 882 966 1,200 1,452 1,944 12,656
277
$14,301 - $15,800 396 792 882 966 1,200 1,452 12,663
$15,801 - $18,800 -0- 396 792 882 966 1,200 12,670
$18,801 - $21,800 -0- -0- 396 792 882 966 12,677
$21,801 - $24,800 -0- -0- -0- 396 792 882 12,684
$24,801 - $29,500 -0- -0- -0- -0- 396 792 12,691
$29,501 - $34,500 -0- -0- -0- -0- -0- 396 12,698
OVER $34,500 -0- -0- -0- -0- -0- -0- 12,705
For a full-time student who is a dependent and enrolled in 12,708
an educational institution that holds a certificate of 12,709
registration from the state board of proprietary school 12,710
registration, the amount of the instructional grant for TWO 12,712
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 12,713
academic year shall be determined in accordance with the
following table: 12,714
Table of Grants 12,716
Maximum Grant $3,750 4,128 12,718
Gross Income Number of Dependents 12,719
1 2 3 4 5 or 12,727
more
Under $11,001 $3,750 $3,750 $3,750 $3,750 $3,750 12,734
$11,001 - $12,000 3,384 3,750 3,750 3,750 3,750 12,739
$12,001 - $13,000 2,988 3,384 3,750 3,750 3,750 12,744
$13,001 - $14,000 2,616 2,988 3,384 3,750 3,750 12,749
$14,001 - $15,000 2,268 2,616 2,988 3,384 3,750 12,754
$15,001 - $16,000 1,860 2,268 2,616 2,988 3,384 12,759
$16,001 - $17,000 1,506 1,860 2,268 2,616 2,988 12,764
$17,001 - $20,000 1,152 1,506 1,860 2,268 2,616 12,769
$20,001 - $23,000 924 1,152 1,506 1,860 2,268 12,774
$23,001 - $26,000 738 924 1,152 1,506 1,860 12,779
$26,001 - $29,000 696 738 924 1,152 1,506 12,784
$29,001 - $31,000 612 696 738 924 1,152 12,789
Over $31,000 -0- -0- -0- -0- -0- 12,790
UNDER $13,001 $4,128 $4,128 $4,128 $4,128 $4,128 12,798
$13,001 - $14,000 3,726 4,128 4,128 4,128 4,128 12,804
278
$14,001 - $15,000 3,288 3,726 4,128 4,128 4,128 12,810
$15,001 - $16,000 2,874 3,288 3,726 4,128 4,128 12,816
$16,001 - $17,000 2,490 2,874 3,288 3,726 4,128 12,822
$17,001 - $20,000 2,046 2,490 2,874 3,288 3,726 12,828
$20,001 - $23,000 1,656 2,046 2,490 2,874 3,288 12,834
$23,001 - $26,000 1,266 1,656 2,046 2,490 2,874 12,840
$26,001 - $29,000 1,014 1,266 1,656 2,046 2,490 12,846
$29,001 - $30,000 810 1,014 1,266 1,656 2,046 12,852
$30,001 - $31,000 762 810 1,014 1,266 1,656 12,858
$31,001 - $32,000 672 762 810 1,014 1,266 12,864
$32,001 - $33,000 336 672 762 810 1,014 12,870
$33,001 - $34,000 -0- 336 672 762 810 12,876
$34,001 - $35,000 -0- -0- 336 672 762 12,882
$35,001 - $36,000 -0- -0- -0- 336 672 12,888
$36,001 - $37,000 -0- -0- -0- -0- 336 12,894
OVER $37,000 -0- -0- -0- -0- -0- 12,900
For a full-time student who is financially independent and 12,903
enrolled in an educational institution that holds a certificate 12,904
of registration from the state board of proprietary school 12,905
registration, the amount of the instructional grant for TWO 12,907
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 12,908
academic year shall be determined in accordance with the
following table: 12,909
Table of Grants 12,911
Maximum Grant $3,750 4,128 12,912
Gross Income Number of Dependents 12,913
0 1 2 3 4 5 or 12,921
more
Under $3,601 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 12,928
$3,601 - $4,200 3,384 3,750 3,750 3,750 3,750 3,750 12,933
$4,201 - $4,700 2,988 3,384 3,750 3,750 3,750 3,750 12,939
$4,701 - $5,200 2,616 2,988 3,384 3,750 3,750 3,750 12,943
$5,201 - $5,700 2,268 2,616 2,988 3,384 3,750 3,750 12,948
$5,701 - $6,200 1,860 2,268 2,616 2,988 3,384 3,750 12,953
279
$6,201 - $7,200 1,506 1,860 2,268 2,616 2,988 3,384 12,958
$7,201 - $8,200 1,152 1,506 1,860 2,268 2,616 2,988 12,964
$8,201 - $9,200 924 1,152 1,506 1,860 2,268 2,616 12,968
$9,201 - $10,700 738 924 1,152 1,506 1,860 2,268 12,973
$10,701 - $12,200 696 738 924 1,152 1,506 1,860 12,978
$12,201 - $13,700 612 696 738 924 1,152 1,506 12,983
$13,701 - $15,200 -0- 612 696 738 924 1,152 12,988
$15,201 - $18,200 -0- -0- 612 696 738 924 12,993
$18,201 - $21,200 -0- -0- -0- 612 696 738 12,998
$21,201 - $24,200 -0- -0- -0- -0- 612 696 13,002
$24,201 - $28,900 -0- -0- -0- -0- -0- 612 13,006
Over $28,900 -0- -0- -0- -0- -0- -0- 13,007
UNDER $4,201 $4,128 $4,128 $4,128 $4,128 $4,128 $4,128 13,016
$4,201 - $4,800 3,726 4,128 4,128 4,128 4,128 4,128 13,023
$4,801 - $5,300 3,288 3,726 4,128 4,128 4,128 4,128 13,030
$5,301 - $5,800 2,874 3,288 3,726 4,128 4,128 4,128 13,037
$5,801 - $6,300 2,490 2,874 3,288 3,726 4,128 4,128 13,044
$6,301 - $6,800 2,046 2,490 2,874 3,288 3,726 4,128 13,051
$6,801 - $7,800 1,656 2,046 2,490 2,874 3,288 3,726 13,058
$7,801 - $8,800 1,266 1,656 2,046 2,490 2,874 3,288 13,065
$8,801 - $9,800 1,014 1,266 1,656 2,046 2,490 2,874 13,072
$9,801 - $11,300 810 1,014 1,266 1,656 2,046 2,490 13,079
$11,301 - $12,800 762 810 1,014 1,266 1,656 2,046 13,086
$12,801 - $14,300 672 762 810 1,014 1,266 1,656 13,093
$14,301 - $15,800 336 672 762 810 1,014 1,266 13,100
$15,801 - $18,800 -0- 336 672 762 810 1,014 13,107
$18,801 - $21,800 -0- -0- 336 672 762 810 13,114
$21,801 - $24,800 -0- -0- -0- 336 672 762 13,121
$24,801 - $29,500 -0- -0- -0- -0- 336 672 13,128
$29,501 - $34,500 -0- -0- -0- -0- -0- 336 13,135
OVER $34,500 -0- -0- -0- -0- -0- -0- 13,142
For a full-time student who is a dependent and enrolled in 13,145
a state-assisted educational institution, the amount of the 13,146
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 13,148
280
COMPARABLE PORTION OF the academic year shall be determined in 13,149
accordance with the following table: 13,150
Table of Grants 13,152
Maximum Grant $1,782 1,956 13,153
Gross Income Number of Dependents 13,154
1 2 3 4 5 or 13,158
more
Under $11,001 $1,782 $1,782 $1,782 $1,782 $1,782 13,162
$11,001 - $12,000 1,602 1,782 1,782 1,782 1,782 13,167
$12,001 - $13,000 1,416 1,602 1,782 1,782 1,782 13,172
$13,001 - $14,000 1,254 1,416 1,602 1,782 1,782 13,177
$14,001 - $15,000 1,074 1,254 1,416 1,602 1,782 13,182
$15,001 - $16,000 882 1,074 1,254 1,416 1,602 13,187
$16,001 - $17,000 708 882 1,074 1,254 1,416 13,192
$17,001 - $20,000 534 708 882 1,074 1,254 13,197
$20,001 - $23,000 432 534 708 882 1,074 13,202
$23,001 - $26,000 348 432 534 708 882 13,207
$26,001 - $29,000 324 348 432 534 708 13,212
$29,001 - $31,000 294 324 348 432 534 13,217
Over $31,000 -0- -0- -0- -0- -0- 13,219
UNDER $13,001 $1,956 $1,956 $1,956 $1,956 $1,956 13,227
$13,001 - $14,000 1,764 1,956 1,956 1,956 1,956 13,233
$14,001 - $15,000 1,554 1,764 1,956 1,956 1,956 13,239
$15,001 - $16,000 1,380 1,554 1,764 1,956 1,956 13,245
$16,001 - $17,000 1,182 1,380 1,554 1,764 1,956 13,251
$17,001 - $20,000 966 1,182 1,380 1,554 1,764 13,257
$20,001 - $23,000 774 966 1,182 1,380 1,554 13,263
$23,001 - $26,000 582 774 966 1,182 1,380 13,269
$26,001 - $29,000 468 582 774 966 1,182 13,275
$29,001 - $30,000 378 468 582 774 966 13,281
$30,001 - $31,000 348 378 468 582 774 13,287
$31,001 - $32,000 318 348 378 468 582 13,293
$32,001 - $33,000 162 318 348 378 468 13,299
$33,001 - $34,000 -0- 162 318 348 378 13,305
281
$34,001 - $35,000 -0- -0- 162 318 348 13,311
$35,001 - $36,000 -0- -0- -0- 162 318 13,317
$36,001 - $37,000 -0- -0- -0- -0- 162 13,323
OVER $37,000 -0- -0- -0- -0- -0- 13,329
For a full-time student who is financially independent and 13,332
enrolled in a state-assisted educational institution, the amount 13,333
of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR 13,335
A COMPARABLE PORTION OF the academic year shall be determined in 13,337
accordance with the following table:
Table of Grants 13,339
Maximum Grant $1,782 1,956 13,340
Gross Income Number of Dependents 13,341
0 1 2 3 4 5 or 13,349
more
Under $3,601 $1,782 $1,782 $1,782 $1,782 $1,782 $1,782 13,357
$3,601 - $4,200 1,602 1,782 1,782 1,782 1,782 1,782 13,363
$4,201 - $4,700 1,416 1,602 1,782 1,782 1,782 1,782 13,369
$4,701 - $5,200 1,254 1,416 1,602 1,782 1,782 1,782 13,375
$5,201 - $5,700 1,074 1,254 1,416 1,602 1,782 1,782 13,381
$5,701 - $6,200 882 1,074 1,254 1,416 1,602 1,782 13,387
$6,201 - $7,200 708 882 1,074 1,254 1,416 1,602 13,393
$7,201 - $8,200 534 708 882 1,074 1,254 1,416 13,399
$8,201 - $9,200 432 534 708 882 1,074 1,254 13,405
$9,201 - $10,700 348 432 534 708 882 1,074 13,411
$10,701 - $12,200 324 348 432 534 708 882 13,417
$12,201 - $13,700 294 324 348 432 534 708 13,423
$13,701 - $15,200 -0- 294 324 348 432 534 13,429
$15,201 - $18,200 -0- -0- 294 324 348 432 13,435
$18,201 - $21,200 -0- -0- -0- 294 324 348 13,441
$21,201 - $24,200 -0- -0- -0- -0- 294 324 13,447
$24,201 - $28,900 -0- -0- -0- -0- -0- 294 13,453
Over $28,900 -0- -0- -0- -0- -0- -0- 13,456
UNDER $4,201 $1,956 $1,956 $1,956 $1,956 $1,956 $1,956 13,465
4,201 - $4,800 1,764 1,956 1,956 1,956 1,956 1,956 13,472
282
$4,801 - $5,300 1,554 1,764 1,956 1,956 1,956 1,956 13,479
$5,301 - $5,800 1,380 1,554 1,764 1,956 1,956 1,956 13,486
$5,801 - $6,300 1,182 1,380 1,554 1,764 1,956 1,956 13,493
$6,301 - $6,800 966 1,182 1,380 1,554 1,764 1,956 13,500
$6,801 - $7,800 774 966 1,182 1,380 1,554 1,764 13,507
$7,801 - $8,800 582 774 966 1,182 1,380 1,554 13,514
$8,801 - $9,800 468 582 774 966 1,182 1,380 13,521
$9,801 - $11,300 378 468 582 774 966 1,182 13,528
$11,301 - $12,800 348 378 468 582 774 966 13,535
$12,801 - $14,300 318 348 378 468 582 774 13,542
$14,301 - $15,800 162 318 348 378 468 582 13,549
$15,801 - $18,800 -0- 162 318 348 378 468 13,556
$18,801 - $21,800 -0- -0- 162 318 348 378 13,563
$21,801 - $24,800 -0- -0- -0- 162 318 348 13,570
$24,801 - $29,500 -0- -0- -0- -0- 162 318 13,577
$29,501 - $34,500 -0- -0- -0- -0- -0- 162 13,584
OVER $34,500 -0- -0- -0- -0- -0- -0- 13,591
(D) FOR A FULL-TIME STUDENT ENROLLED IN AN ELIGIBLE 13,594
INSTITUTION FOR A SEMESTER OR QUARTER IN ADDITION TO THE PORTION 13,595
OF THE ACADEMIC YEAR COVERED BY A GRANT DETERMINED UNDER DIVISION 13,596
(C) OF THIS SECTION, THE MAXIMUM GRANT AMOUNT SHALL BE A 13,598
PERCENTAGE OF THE MAXIMUM PRESCRIBED IN THE APPLICABLE TABLE OF 13,599
THAT DIVISION. THE MAXIMUM GRANT FOR A FOURTH QUARTER SHALL BE 13,600
ONE-THIRD OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 13,601
THE MAXIMUM GRANT FOR A THIRD SEMESTER SHALL BE ONE-HALF OF THE 13,602
MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 13,603
(E) No grant shall be made to any student in a course of 13,605
study in theology, religion, or other field of preparation for a 13,606
religious profession unless such course of study leads to an 13,607
accredited bachelor of arts, bachelor of science, or associate of 13,608
arts, OR ASSOCIATE OF SCIENCE degree. 13,609
(E)(F)(1) Except as provided in division (E)(F)(2) of this 13,612
section, no grant shall be made to any student for enrollment 13,613
during a school FISCAL year in an institution with a COHORT 13,615
283
default rate DETERMINED BY THE UNITED STATES SECRETARY OF 13,617
EDUCATION PURSUANT TO THE "HIGHER EDUCATION AMENDMENTS OF 1986," 13,620
100 STAT. 1278, 1408, 20 U.S.C.A. 1085, AS AMENDED, as of the 13,623
fifteenth day of June preceding such school THE FISCAL year,
equal to or greater than thirty per cent for each of the 13,624
preceding two FISCAL years. 13,625
(2) Division (E)(F)(1) of this section does not apply to 13,627
the following: 13,628
(a) Any student enrolled in an institution that under THE 13,630
federal law appeals its loss of eligibility for federal financial 13,631
aid and the United States secretary of education determines its 13,632
COHORT default rate after recalculation is lower than the rate 13,633
specified in division (E)(F)(1) of this section or the secretary 13,635
determines due to mitigating circumstances the institution may 13,636
continue to participate in federal financial aid programs. The 13,637
board shall adopt rules requiring institutions to provide 13,638
information regarding an appeal to the board. 13,639
(b) Any student who has previously received a grant under 13,641
this section who meets all other requirements of this section. 13,642
(3) The board shall adopt rules for the notification of 13,645
all institutions whose students will be ineligible to participate 13,646
in the grant program pursuant to division (E)(F)(1) of this 13,647
section.
(4) A student's attendance at an institution whose 13,649
students lose eligibility for grants under division (E)(F)(1) of 13,651
this section shall not affect that student's eligibility to
receive a grant when enrolled in another institution. 13,652
(F)(G) Institutions of higher education that enroll 13,654
students receiving instructional grants under this section shall 13,655
report to the board all students who have received instructional 13,656
grants but are no longer eligible for all or part of such grants 13,657
and shall refund any moneys due the state within thirty days 13,658
after the beginning of the quarter or term immediately following 13,659
the quarter or term in which the student was no longer eligible 13,660
284
to receive all or part of the student's grant. There shall be an 13,662
interest charge of one per cent per month on all moneys due and 13,663
payable after such thirty-day period. The board shall 13,664
immediately notify the office of budget and management and the 13,665
legislative budget office of the legislative service commission 13,666
of all refunds so received. 13,667
Sec. 3333.27. As used in this section: 13,676
(A) "Eligible institution" means a nonprofit Ohio 13,678
institution of higher education that holds a certificate of 13,679
authorization issued under section 1713.02 of the Revised Code 13,680
and meets the requirements of Title VI of the Civil Rights Act of 13,681
1964. 13,682
(B) "Resident" and "full-time student" have the meanings 13,684
established for purposes of this section by rule of the Ohio 13,685
board of regents. 13,686
The board shall establish and administer a student choice 13,689
grant program and shall adopt rules for the administration of the 13,690
program.
The board may make a grant to any resident of this state 13,693
who is enrolled as a full-time student in a bachelor's degree 13,694
program at an eligible institution and maintains an academic 13,695
record that meets or exceeds the standard established pursuant to 13,696
this section by rule of the board, except that no grant shall be 13,697
made to any individual who was enrolled as a student in an 13,698
institution of higher education on or before July 1, 1984, or is 13,699
serving a term of imprisonment. The grant shall not exceed the 13,700
lesser of the total instructional and general charges of the 13,701
institution in which the student is enrolled, or an amount equal 13,702
to one-fourth of the total of any state instructional subsidy 13,703
amount distributed by the board in the second fiscal year of the 13,704
preceding biennium for all full-time students enrolled in 13,705
bachelor's degree programs at four-year state-assisted 13,706
institutions of higher education divided by the sum of the actual 13,707
number of full-time students enrolled in bachelor's degree 13,708
285
programs at four-year state-assisted institutions of higher 13,709
education reported to the board for such year by the institutions 13,710
to which the subsidy was distributed. 13,711
The board shall prescribe the form and manner of 13,713
application for grants including the manner of certification by 13,714
eligible institutions that each applicant from such institution 13,715
is enrolled in a bachelor's degree program as a full-time student 13,716
and has an academic record that meets or exceeds the standard 13,717
established by the board. 13,718
A grant awarded to an eligible student shall be paid to the 13,720
institution in which the student is enrolled, and the institution 13,721
shall reduce the student's instructional and general charges by 13,722
the amount of the grant. Each grant awarded shall be prorated 13,723
and paid in equal installments at the time of enrollment for each 13,724
term of the academic year for which the grant is awarded. No 13,725
student shall be eligible to receive a grant for more than ten 13,726
semesters, fifteen quarters, or the equivalent of five academic 13,727
years. 13,728
The receipt of an Ohio student choice grant shall not 13,730
affect a student's eligibility for assistance, or the amount of 13,731
such assistance, granted under section 3315.33, 3333.12, 3333.22, 13,732
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a 13,733
student receives assistance under one or more of such sections, 13,734
the student choice grant made to the student shall not exceed the 13,736
difference between the amount of assistance received under such 13,737
sections and the total instructional and general charges of the 13,738
institution in which the student is enrolled. 13,739
The general assembly shall support the student choice grant 13,741
program by such sums and in such manner as it may provide, but 13,742
the board may also receive funds from other sources to support 13,744
the program.
No grant shall be made to any student enrolled in a course 13,746
of study leading to a degree in theology, religion, or other 13,747
field of preparation for a religious profession UNLESS THE COURSE 13,748
286
OF STUDY LEADS TO AN ACCREDITED BACHELOR OF ARTS OR BACHELOR OF 13,749
SCIENCE DEGREE.
Institutions of higher education that enroll students 13,751
receiving grants under this section shall report to the board the 13,753
name of each student who has received such a grant but who is no 13,754
longer eligible for all or part of such grant and shall refund 13,755
all moneys due to the state within thirty days after the 13,756
beginning of the term immediately following the term in which the 13,757
student was no longer eligible to receive all or part of the
grant. There shall be an interest charge of one per cent per 13,758
month on all moneys due and payable after such thirty-day period. 13,759
The board shall immediately notify the office of budget and 13,761
management and the legislative budget office of the legislative
service commission of all refunds received. 13,762
Sec. 3333.29. (A) AS USED IN THIS SECTION, "RESIDENT" HAS 13,764
THE MEANING ESTABLISHED FOR PURPOSES OF THIS SECTION BY RULE OF 13,765
THE OHIO BOARD OF REGENTS. 13,766
(B) BEGINNING JULY 1, 2000, THE OHIO BOARD OF REGENTS 13,769
SHALL ESTABLISH AND ADMINISTER THE STUDENT WORKFORCE DEVELOPMENT 13,770
GRANT PROGRAM AND SHALL ADOPT RULES FOR THE ADMINISTRATION OF THE 13,771
PROGRAM. SUCH RULES SHALL BE SIMILAR TO THE RULES THE OHIO BOARD 13,772
OF REGENTS ADOPTS UNDER SECTION 3333.27 OF THE REVISED CODE. 13,773
(C) THE OHIO BOARD OF REGENTS MAY MAKE A GRANT TO ANY 13,775
RESIDENT OF THIS STATE WHO IS ENROLLED AS A FULL-TIME STUDENT IN 13,777
AN AUTHORIZED BACCALAUREATE DEGREE OR ASSOCIATE DEGREE PROGRAM AT 13,778
A PRIVATE CAREER SCHOOL REGISTERED IN ACCORDANCE WITH SECTION 13,780
3332.05 OF THE REVISED CODE AND WHO MAINTAINS AN ACADEMIC RECORD 13,781
THAT MEETS OR EXCEEDS A STANDARD ESTABLISHED BY RULE OF THE STATE
BOARD OF PROPRIETARY SCHOOL REGISTRATION, EXCEPT THAT NO GRANT 13,782
SHALL BE MADE TO ANY INDIVIDUAL WHO WAS ENROLLED AS A STUDENT IN 13,783
A REGISTERED PRIVATE CAREER SCHOOL BEFORE JULY 1, 2000. EACH 13,784
GRANT AWARD SHALL BE IN AN AMOUNT OF APPROXIMATELY TWO HUNDRED 13,785
DOLLARS. THE ACTUAL SIZE OF AN ANNUAL GRANT AWARD SHALL BE
DETERMINED BY THE OHIO BOARD OF REGENTS BASED ON THE AMOUNT OF 13,786
287
FUNDS AVAILABLE FOR THE PROGRAM. THE GRANT SHALL BE PRORATED AND 13,787
PAID IN EQUAL INSTALLMENTS PER ACADEMIC TERM IN ACCORDANCE WITH 13,788
DIVISION (E) OF THIS SECTION.
(D) THE OHIO BOARD OF REGENTS SHALL PRESCRIBE THE FORM AND 13,790
MANNER OF APPLICATION FOR GRANTS AND SHALL PROVIDE A METHOD FOR 13,791
REGISTERED PRIVATE CAREER SCHOOLS TO CERTIFY APPLICANTS WHO ARE 13,792
ENROLLED IN AUTHORIZED BACCALAUREATE DEGREE OR ASSOCIATE DEGREE 13,793
PROGRAMS AND HAVE ACADEMIC RECORDS MEETING OR EXCEEDING THE 13,794
STANDARD ESTABLISHED BY THE STATE BOARD OF PROPRIETARY SCHOOL 13,795
REGISTRATION. 13,796
(E) A GRANT AWARDED TO AN ELIGIBLE STUDENT SHALL BE PAID 13,798
TO THE REGISTERED PRIVATE CAREER SCHOOL IN WHICH THE STUDENT IS 13,799
ENROLLED, AND THE SCHOOL SHALL REDUCE THE STUDENT'S INSTRUCTIONAL
AND GENERAL CHARGES BY THE AMOUNT OF THE GRANT. EACH GRANT 13,800
AWARDED SHALL BE PAID IN ACCORDANCE WITH DIVISION (C) OF THIS 13,801
SECTION WITHIN THIRTY DAYS AFTER THE START OF EACH TERM OF THE 13,802
ACADEMIC YEAR FOR WHICH THE GRANT IS AWARDED. NO STUDENT SHALL 13,803
BE ELIGIBLE TO RECEIVE GRANTS FOR MORE THAN THE EQUIVALENT OF
FIVE ACADEMIC YEARS. 13,804
(F) THE RECEIPT OF A WORKFORCE DEVELOPMENT GRANT SHALL NOT 13,806
AFFECT A STUDENT'S ELIGIBILITY FOR ASSISTANCE OR THE AMOUNT OF 13,807
SUCH ASSISTANCE GRANTED UNDER ANY OTHER PROVISION OF STATE LAW.
IF A STUDENT RECEIVES ASSISTANCE UNDER ONE OR MORE OTHER 13,808
PROVISIONS OF STATE LAW, THE GRANT MADE TO THE STUDENT UNDER THIS 13,809
SECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE TOTAL 13,810
INSTRUCTIONAL AND GENERAL CHARGES ASSESSED TO THE STUDENT BY THE 13,811
PRIVATE CAREER SCHOOL AND THE AMOUNT OF TOTAL ASSISTANCE THE 13,812
STUDENT RECEIVES UNDER OTHER PROVISIONS OF STATE LAW. 13,813
(G) THE GENERAL ASSEMBLY SHALL SUPPORT THE WORKFORCE 13,815
DEVELOPMENT GRANT PROGRAM WITH SUCH APPROPRIATIONS AS THE GENERAL 13,816
ASSEMBLY SEES FIT. THE OHIO BOARD OF REGENTS MAY ALSO RECEIVE 13,817
FUNDS FROM OTHER SOURCES TO SUPPORT THE PROGRAM. 13,818
(H) PRIVATE CAREER SCHOOLS THAT ENROLL STUDENTS RECEIVING 13,820
GRANTS UNDER THIS SECTION SHALL REPORT TO THE OHIO BOARD OF 13,821
288
REGENTS THE NAME OF EACH STUDENT WHO HAS RECEIVED SUCH A GRANT 13,822
BUT WHO IS NO LONGER ELIGIBLE FOR SUCH A GRANT. IN THE EVENT 13,823
THAT AN ELIGIBLE STUDENT WHO HAS BEEN AWARDED A GRANT UNDER THIS
SECTION WITHDRAWS FROM ENROLLMENT AT A SCHOOL DURING ANY TERM, 13,824
THE SCHOOL SHALL REFUND A PRORATED AMOUNT OF THE STUDENT'S GRANT 13,825
FOR THAT TERM TO THE OHIO BOARD OF REGENTS IN ACCORDANCE WITH THE 13,826
SCHOOL'S REFUND POLICY. 13,827
(I) BEGINNING JULY 1, 2000, THE STATE BOARD OF PROPRIETARY 13,830
SCHOOL REGISTRATION SHALL REPORT TO THE OHIO BOARD OF REGENTS 13,831
EACH DEGREE GRANTING PROPRIETARY SCHOOL'S JOB PLACEMENT RATE FOR 13,832
THE IMMEDIATELY PRECEDING ACADEMIC YEAR. NO GRANT AWARDED TO AN 13,834
ELIGIBLE STUDENT UNDER THIS SECTION SHALL BE PAID TO A REGISTERED 13,835
PRIVATE CAREER SCHOOL IF THE SCHOOL'S JOB PLACEMENT RATE FOR THAT 13,836
STUDENT'S BACCALAUREATE DEGREE OR ASSOCIATE DEGREE PROGRAM FOR 13,837
THE PRECEDING ACADEMIC YEAR WAS LESS THAN SEVENTY-FIVE PER CENT. 13,838
Sec. 3333.50. (A)(1) THERE IS HEREBY CREATED THE OHIO 13,840
HIGHER EDUCATION, BUSINESS, AND ECONOMIC DEVELOPMENT COUNCIL. 13,841
THE COUNCIL SHALL CONSIST OF SIXTEEN MEMBERS, INCLUDING THE 13,843
CHANCELLOR OF THE OHIO BOARD OF REGENTS, THE DIRECTOR OF 13,844
DEVELOPMENT, THE GOVERNOR'S SCIENCE AND TECHNOLOGY ADVISOR, THE 13,845
CHAIRPERSON OF THE INTER-UNIVERSITY COUNCIL OF OHIO, THE 13,846
CHAIRPERSON OF THE ASSOCIATION OF INDEPENDENT COLLEGES AND 13,847
UNIVERSITIES, THE SECRETARY OF THE OHIO ASSOCIATION OF COMMUNITY 13,848
COLLEGES, ONE MEMBER OF THE SENATE FROM EACH MAJOR PARTY 13,849
APPOINTED BY THE PRESIDENT OF THE SENATE, ONE MEMBER OF THE HOUSE 13,850
OF REPRESENTATIVES FROM EACH MAJOR PARTY APPOINTED BY THE SPEAKER 13,851
OF THE HOUSE OF REPRESENTATIVES, AND SIX REPRESENTATIVES OF 13,853
PRIVATE BUSINESS APPOINTED JOINTLY BY THE CHANCELLOR OF THE BOARD 13,854
OF REGENTS AND THE DIRECTOR OF DEVELOPMENT. ONE REPRESENTATIVE 13,855
OF PRIVATE BUSINESS SHALL BE APPOINTED FROM EACH OF THE FIVE 13,856
HIGHER EDUCATION REGIONS OF THE BOARD OF REGENTS AND ONE 13,857
REPRESENTATIVE OF PRIVATE BUSINESS SHALL BE APPOINTED AT LARGE. 13,858
THE COUNCIL SHALL BE CHAIRED JOINTLY BY THE CHANCELLOR OF THE 13,859
BOARD OF REGENTS, THE DIRECTOR OF DEVELOPMENT, AND THE AT-LARGE 13,860
289
REPRESENTATIVE OF PRIVATE BUSINESS. THE TERMS OF THE 13,861
REPRESENTATIVES OF PRIVATE BUSINESS SHALL BE THREE YEARS. 13,862
(2) MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT 13,864
COMPENSATION BUT SHALL BE PAID THE ACTUAL AND NECESSARY EXPENSES 13,865
THEY INCUR IN THE PERFORMANCE OF THEIR DUTIES. 13,866
(3) THE BOARD OF REGENTS AND THE DEPARTMENT OF DEVELOPMENT 13,868
SHALL PROVIDE STAFF PERSONNEL FOR THE COUNCIL AND SHARE THE 13,869
EXPENSES OF THE COUNCIL EQUALLY. 13,870
(4) THE COUNCIL SHALL MEET AT LEAST FOUR TIMES ANNUALLY AT 13,872
SUCH TIMES AND PLACES AS MAY BE DESIGNATED BY THE CHAIRPERSONS. 13,873
(B) THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND 13,875
DUTIES:
(1) TO PROVIDE A FORUM IN WHICH LEADERS OF BUSINESS, 13,877
HIGHER EDUCATION, AND GOVERNMENT MAY FORMULATE BOTH SHORT-TERM 13,878
AND LONG-TERM STRATEGIES TO ADVANCE TECHNOLOGICAL DEVELOPMENT IN 13,879
OHIO;
(2) TO STIMULATE COLLABORATION AMONG BUSINESS, HIGHER 13,881
EDUCATION, AND GOVERNMENT THAT WILL ENCOURAGE RESEARCH IN SCIENCE 13,882
AND TECHNOLOGY, THE DEVELOPMENT OF NEW WORK SKILLS, THE 13,883
INTRODUCTION OF NEW PRODUCTS, THE STRENGTHENING OF EXISTING 13,884
BUSINESSES, AND THE CREATION OF NEW BUSINESSES; 13,885
(3) TO ENCOURAGE THE DEVELOPMENT OF REGIONAL ECONOMIC 13,887
CLUSTERS AND TO PROVIDE A FORUM FOR THE FORMULATION OF STATEWIDE 13,888
POLICIES THAT WILL ENHANCE THE CREATION AND GROWTH OF SUCH 13,889
CLUSTERS;
(4) TO ENCOURAGE STATE POLICIES AND INVESTMENTS THAT 13,891
FOSTER THE DEVELOPMENT OF KNOWLEDGE AND THE USE OF NEW 13,892
TECHNOLOGIES THAT WILL BE REQUIRED FOR OHIO TO BE A LEADING 13,893
ECONOMIC STATE IN THE TWENTY-FIRST CENTURY; 13,894
(5) TO FOCUS RESEARCH AND WORKFORCE TRAINING ON AREAS OF 13,896
CRITICAL NEED TO THE STATE; 13,897
(6) TO ENCOURAGE INVESTMENTS IN OHIO HIGHER EDUCATION THAT 13,899
WILL ENSURE STATE-OF-THE-ART TECHNOLOGY, JOB TRAINING, RESEARCH, 13,900
AND EQUIPMENT ON OHIO CAMPUSES; 13,901
290
(7) TO PROMOTE PROGRAMS THAT WILL ATTRACT TO AND RETAIN IN 13,903
OHIO COLLEGES AND UNIVERSITIES WORLD-CLASS FACULTY IN AREAS OF 13,904
CRITICAL NEED TO THE STATE; 13,905
(8) TO MAKE HIGHER EDUCATION IN OHIO MORE AFFORDABLE AND 13,907
ACCESSIBLE; 13,908
(9) TO ENSURE THAT OHIO COLLEGES AND UNIVERSITIES ACHIEVE 13,910
THE HIGHEST STANDARDS OF EFFICIENCY AND INCREASE PRODUCTIVITY IN 13,911
TEACHING, RESEARCH, AND ADMINISTRATION WHILE MAINTAINING QUALITY 13,912
PROGRAMS;
(10) TO IDENTIFY CRITICAL STATE NEEDS TO BE ADDRESSED BY 13,914
PROGRAMS DESIGNED TO ATTRACT, DEVELOP, AND RETAIN COMPANIES OF 13,915
STRATEGIC IMPORTANCE TO THE STATE'S ECONOMY OR TO FUND GRADUATE 13,916
EDUCATION OR ATTRACT EMINENT SCHOLARS TO OR RETAIN THEM AT OHIO 13,917
COLLEGES AND UNIVERSITIES, AND TO MAKE RECOMMENDATIONS TO THE 13,918
AGENCIES OR OFFICES THAT ADMINISTER SUCH PROGRAMS;
(11) TO MAKE SUCH RULES AS THE COUNCIL CONSIDERS ADVISABLE 13,920
FOR THE CONDUCT OF ITS OWN BUSINESS. 13,921
(C) THE COUNCIL SHALL REPORT ANNUALLY TO THE GOVERNOR ON 13,923
COUNCIL ACTIVITIES AND ON OHIO'S EDUCATIONAL AND TECHNOLOGICAL 13,925
DEVELOPMENT. THE ANNUAL REPORT MAY INCLUDE ANY RECOMMENDATIONS 13,926
BELIEVED NECESSARY OR DESIRABLE TO CARRY OUT THE PURPOSES OF THIS 13,927
SECTION.
(D) THE COUNCIL IS NOT SUBJECT TO SECTION 101.84 OF THE 13,929
REVISED CODE AND SHALL NOT EXPIRE IN ACCORDANCE WITH THAT 13,930
SECTION.
Sec. 3345.22. (A) A student, faculty or staff member, or 13,939
employee of a college or university which THAT receives any state 13,941
funds in support thereof, arrested for any offense covered by 13,942
division (D) of section 3345.23 of the Revised Code shall be 13,943
afforded a hearing, as provided in this section, to determine 13,944
whether he THE PERSON shall be immediately suspended from such 13,946
THE college or university. Such THE hearing shall be held within 13,947
not more than five days after his THE PERSON'S arrest, subject to 13,949
reasonable continuances for good cause shown, which continuances 13,952
291
shall not exceed a total of ten days. 13,953
(B) The arresting authority shall immediately notify the 13,955
president of the college or university of the arrest of a 13,956
student, faculty or staff member, or employee of such THE college 13,958
or university for any offense covered by division (D) of section 13,959
3345.23 of the Revised Code, and the president shall immediately 13,960
notify the chancellor of the Ohio board of regents of such 13,962
arrest. The hearing to determine whether the person shall be
immediately suspended shall be held in the county where the 13,963
college or university is located, before a referee appointed by 13,964
the board of regents PRESIDENT. Such THE referee shall be an 13,966
attorney admitted to the practice of law in Ohio, but he THE 13,967
REFEREE shall not be attorney for, or a faculty or staff member 13,968
or employee of, any college or university. Immediate notice of 13,969
the time and place of such THE hearing shall be given or sent to 13,970
such THE person.
(C) The referee may administer oaths, issue subpoenas to 13,972
compel the attendance of witnesses and the production of 13,973
evidence, and enforce such THE subpoenas, as well as preserve the 13,975
order and decorum of the proceedings over which he THE REFEREE 13,976
presides, by means of contempt proceedings in the court of common 13,977
pleas as provided by law. 13,978
(D) The hearing shall be adversary in nature, and shall be 13,980
conducted fairly and impartially, but the formalities of the 13,981
criminal process are not required. A person whose suspension is 13,982
being considered has the right to be represented by counsel, but 13,983
counsel need not be furnished for him THE PERSON. Such THE 13,985
person also has the right to cross-examine witnesses against him 13,986
THE PERSON, to testify, and to present the testimony of witnesses 13,987
and other evidence in his THE PERSON'S behalf. In the absence of 13,988
a waiver of the right against compulsory self-incrimination, the 13,989
testimony of a person whose suspension is being considered, given 13,990
at such THE hearing, shall not subsequently be used in any 13,992
criminal proceeding against him THE PERSON. The referee may 13,993
292
require the separation of witnesses, and may bar from the 13,996
proceedings any person whose presence is not essential to such 13,997
THE proceedings, except that members of the news media shall not 13,998
be barred from such THE proceedings. 13,999
(E) Upon hearing, if the referee finds by a preponderance 14,001
of the evidence that the person whose suspension is being 14,002
considered committed any offense covered by division (D) of 14,003
section 3345.23 of the Revised Code, he THE REFEREE shall order 14,004
the person suspended, except that when the good order and 14,005
discipline of a college or university will not be prejudiced or 14,006
compromised thereby, the referee may permit the person to return 14,007
to the college or university on terms of strict disciplinary 14,008
probation. Subsequent violation of the terms of the probation 14,009
automatically effects a suspension. A person suspended under 14,010
this section may be readmitted pursuant to division (A) of 14,011
section 3345.23 of the Revised Code. A suspension under this 14,012
section is in effect until the person is acquitted or convicted 14,013
of the crime for which he THE PERSON was arrested. If convicted, 14,014
he THE PERSON is dismissed pursuant to section 3345.23 of the 14,015
Revised Code.
(F) Upon acquittal, or upon any final judicial 14,017
determination not resulting in conviction, of the charges for 14,018
which a person is suspended pursuant to this section, such THE 14,019
suspension automatically terminates, and the person suspended 14,020
shall be reinstated and the record of the suspension expunged 14,021
from his THE PERSON'S college or university record. 14,022
(G) An order of a referee pursuant to this section may be 14,024
appealed on questions of law and fact to the court of common 14,025
pleas of the county in which the college or university is 14,026
located, within twenty days after the date of the order. If the 14,027
court to which such AN appeal is taken determines that the good 14,028
order and discipline of a college or university will not be 14,029
prejudiced thereby, it may permit the person suspended to return 14,030
to the college or university on terms of strict disciplinary 14,031
293
probation. 14,032
(H) A person afforded a hearing pursuant to this section 14,034
who does not appear at the hearing shall be declared suspended by 14,035
the hearing officer. 14,036
Sec. 3365.01. As used in sections 3365.01 to 3365.10 of 14,045
the Revised Code: 14,046
(A) "College" means any state-assisted college or 14,048
university described in section 3333.041 of the Revised Code, any 14,049
nonprofit institution holding a certificate of authorization 14,050
pursuant to Chapter 1713. of the Revised Code, and any 14,051
institution holding a certificate of registration from the state 14,052
board of proprietary school registration and program 14,053
authorization for an associate or bachelor's degree program 14,054
issued under section 3332.05 of the Revised Code. 14,055
(B) "School district", EXCEPT AS SPECIFIED IN DIVISION (G) 14,057
OF THIS SECTION, means any school district to which a student is 14,059
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of 14,060
the Revised Code and does not include a joint vocational or 14,061
cooperative education school district.
(C) "Parent" has the same meaning as in section 3313.64 of 14,063
the Revised Code. 14,064
(D) "Participant" means a student enrolled in a college 14,066
under the post-secondary enrollment options program established 14,067
by this chapter. 14,068
(E) "Secondary grade" means the ninth through twelfth 14,071
grades. 14,072
(F) "School foundation payments" means the amount required 14,074
to be paid to a school district for a fiscal year under Chapter 14,075
3317. of the Revised Code. 14,076
(G) "Tuition base" means, with respect to a participant's 14,078
school district, the formula amount defined in division (B) of 14,080
section 3317.02 of the Revised Code multiplied by the district's 14,081
cost-of-doing-business factor defined in division (N) of section 14,083
3317.02 of the Revised Code. THE PARTICIPANT'S "SCHOOL DISTRICT" 14,084
294
IN THE CASE OF A PARTICIPANT ENROLLED IN A COMMUNITY SCHOOL SHALL
BE THE SCHOOL DISTRICT IN WHICH THE STUDENT IS ENTITLED TO ATTEND 14,085
SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. 14,086
(H) "Educational program" means enrollment in one or more 14,088
school districts, in a nonpublic school, or in a college under 14,089
division (B) of section 3365.04 of the Revised Code. 14,090
(I) "Nonpublic school" means a chartered or nonchartered 14,092
school for which minimum standards are prescribed by the state 14,094
board of education pursuant to division (D) of section 3301.07 of 14,095
the Revised Code.
(J) "School year" means the year beginning on the first 14,097
day of July and ending on the thirtieth day of June. 14,098
(K) "COMMUNITY SCHOOL" MEANS ANY SCHOOL ESTABLISHED 14,100
PURSUANT TO CHAPTER 3314. OF THE REVISED CODE THAT INCLUDES 14,101
SECONDARY GRADES.
(L) "COMMUNITY SCHOOL PAYMENTS" MEANS PAYMENTS MADE BY THE 14,103
DEPARTMENT OF EDUCATION TO A COMMUNITY SCHOOL PURSUANT TO 14,104
DIVISION (D) OF SECTION 3314.08 OF THE REVISED CODE. 14,105
Sec. 3365.02. There is hereby established the 14,114
post-secondary enrollment options program under which a secondary 14,115
grade student may enroll at a college, on a full- or part-time 14,116
basis, and complete nonsectarian courses for high school and 14,117
college credit. 14,118
Secondary grade students in a nonpublic school may 14,120
participate in the post-secondary enrollment options program if 14,121
the chief administrator of such school notifies the department of 14,122
education by the first day of April prior to the school year in 14,123
which the school's students will participate. 14,124
The state board of education, after consulting with the 14,126
board of regents, shall adopt rules governing the program. The 14,127
rules shall include: 14,128
(A) Requirements for school districts, COMMUNITY SCHOOLS, 14,131
or participating nonpublic schools to provide information about 14,132
the program prior to the first day of March of each year to all 14,133
295
students enrolled in grades eight through eleven.; 14,134
(B) A requirement that a student or the student's parent 14,136
inform the district board of education, THE GOVERNING AUTHORITY 14,138
OF A COMMUNITY SCHOOL, or the nonpublic school administrator by 14,140
the thirtieth day of March of the student's intent to participate 14,141
in the program during the following school year. The rule shall 14,142
provide that any student who fails to notify a district board, 14,143
THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL, or the nonpublic 14,144
school administrator by the required date may not participate in 14,145
the program during the following school year without the written 14,146
consent of the district superintendent, THE GOVERNING AUTHORITY 14,147
OF A COMMUNITY SCHOOL, or the nonpublic school administrator. 14,148
(C) Requirements that school districts AND COMMUNITY 14,150
SCHOOLS provide counseling services to students in grades eight 14,152
through eleven and to their parents before the students 14,155
participate in the program under this chapter to ensure that 14,156
students and parents are fully aware of the possible risks and 14,157
consequences of participation. Counseling information shall 14,158
include without limitation:
(1) Program eligibility; 14,160
(2) The process for granting academic credits; 14,162
(3) Financial arrangements for tuition, books, materials, 14,164
and fees; 14,165
(4) Criteria for any transportation aid; 14,167
(5) Available support services; 14,169
(6) Scheduling; 14,171
(7) The consequences of failing or not completing a course 14,173
in which the student enrolls and the effect of the grade attained 14,174
in the course being included in the student's grade point 14,175
average, if applicable; 14,176
(8) The effect of program participation on the student's 14,178
ability to complete the district's, COMMUNITY SCHOOL'S, or 14,180
nonpublic school's graduation requirements; 14,181
(9) The academic and social responsibilities of students 14,183
296
and parents under the program; 14,184
(10) Information about and encouragement to use the 14,186
counseling services of the college in which the student intends 14,187
to enroll. 14,188
(D) A requirement that the student and the student's 14,190
parent sign a form, provided by the school district OR SCHOOL, 14,192
stating that they have received the counseling required by 14,193
division (C) of this section and that they understand the 14,194
responsibilities they must assume in the program.; 14,195
(E) The options required by section 3365.04 of the Revised 14,197
Code.; 14,198
(F) A REQUIREMENT THAT A STUDENT MAY NOT ENROLL IN ANY 14,200
SPECIFIC COLLEGE COURSE THROUGH THE PROGRAM IF THE STUDENT HAS 14,201
TAKEN HIGH SCHOOL COURSES IN THE SAME SUBJECT AREA AS THAT 14,202
COLLEGE COURSE AND HAS FAILED TO ATTAIN A CUMULATIVE GRADE POINT 14,203
AVERAGE OF AT LEAST 3.0 ON A 4.0 SCALE, OR THE EQUIVALENT, IN 14,204
SUCH COMPLETED HIGH SCHOOL COURSES.
Sec. 3365.03. (A) Notwithstanding any other provision of 14,213
law, a student enrolled in a school district, A COMMUNITY SCHOOL, 14,215
or a participating nonpublic school may apply to a college to 14,217
enroll in it during the student's ninth, tenth, eleventh, or 14,218
twelfth grade school year under this chapter. For purposes of 14,219
this division, during the period of an expulsion imposed under 14,221
division (B) of section 3313.66 of the Revised Code or extended 14,223
under division (F) of that section, a student is ineligible to 14,224
apply to enroll in a college under this section, unless the
student is admitted to another school district OR COMMUNITY 14,226
SCHOOL, or a participating nonpublic school. If a student is 14,228
enrolled in a college under this section at the time the student 14,229
is expelled under division (B) of section 3313.66 of the Revised 14,230
Code, the student's status for the remainder of the college term 14,232
in which the expulsion is imposed shall be determined under
section 3365.041 of the Revised Code. 14,233
(B) If a college accepts a student who applies under this 14,236
297
section, it shall send written notice to the student, the 14,237
student's school district, COMMUNITY SCHOOL, or nonpublic school, 14,239
and the superintendent of public instruction within ten days 14,240
after acceptance. Within ten days after each enrollment for a 14,241
term, the college shall also send the student, the student's 14,242
school district, COMMUNITY SCHOOL, or nonpublic school, and the 14,244
superintendent of public instruction a written notice indicating 14,245
the courses and hours of enrollment of the student and the option 14,246
elected by the student under division (A) or (B) of section 14,247
3365.04 of the Revised Code for each course.
Sec. 3365.041. (A) When a school district superintendent 14,256
OR GOVERNING AUTHORITY OF A COMMUNITY SCHOOL expels a student 14,258
under division (B) of section 3313.66 of the Revised Code, the 14,260
district superintendent OR BOARD shall send a written notice of 14,261
the expulsion to any college in which the expelled student is 14,262
enrolled under section 3365.03 of the Revised Code at the time 14,264
the expulsion is imposed. The notice shall indicate the date the 14,265
expulsion is scheduled to expire. The notice also shall indicate 14,266
whether the district board of education OR COMMUNITY SCHOOL 14,267
GOVERNING AUTHORITY has adopted a policy under section 3313.613 14,269
of the Revised Code to deny high school credit for post-secondary 14,271
courses taken during an expulsion. If the expulsion is extended 14,272
under division (F) of section 3313.66 of the Revised Code, the 14,273
district superintendent OR GOVERNING AUTHORITY shall notify the 14,274
college of the extension. 14,275
(B) A college may withdraw its acceptance under section 14,278
3365.03 of the Revised Code of a student who is expelled from 14,279
school under division (B) of section 3313.66 of the Revised Code. 14,281
As provided in section 3365.03 of the Revised Code, regardless of 14,282
whether the college withdraws its acceptance of the student for 14,283
the college term in which the student is expelled, the student is 14,284
ineligible to enroll in a college under that section for 14,285
subsequent college terms during the period of the expulsion, 14,286
unless the student enrolls in another school district OR 14,287
298
COMMUNITY SCHOOL, or participating nonpublic school during that 14,289
period.
If a college withdraws its acceptance of an expelled 14,291
student who elected the option of division (A) of section 3365.04 14,292
of the Revised Code, the college shall refund tuition and fees 14,294
paid by the student in the same proportion that it refunds 14,295
tuition and fees to students who voluntarily withdraw from the 14,296
college at the same time in the term.
If a college withdraws its acceptance of an expelled 14,298
student who elected the option of division (B) of section 3365.04 14,299
of the Revised Code, the school district OR COMMUNITY SCHOOL 14,300
shall not award high school credit for the college courses in 14,301
which the student was enrolled at the time the college withdrew 14,303
its acceptance, and any reimbursement under section 3365.07 of 14,304
the Revised Code for the student's attendance prior to the 14,305
withdrawal shall be the same as would be paid for a student who 14,306
voluntarily withdrew from the college at the same time in the 14,307
term. If the withdrawal results in the college's receiving no 14,308
reimbursement, the college may require the student to return or 14,309
pay for the textbooks and materials it provided the student free 14,310
of charge under section 3365.08 of the Revised Code. 14,311
(C) When a student who elected the option of division (B) 14,314
of section 3365.04 of the Revised Code is expelled under division 14,316
(B) of section 3313.66 of the Revised Code from a school district 14,318
OR COMMUNITY SCHOOL that has adopted a policy under section 14,319
3313.613 of the Revised Code, that election is automatically 14,321
revoked for all college courses in which the student is enrolled 14,322
during the college term in which the expulsion is imposed. Any 14,323
reimbursement under section 3365.07 of the Revised Code for the 14,324
student's attendance prior to the expulsion shall be the same as 14,325
would be paid for a student who voluntarily withdrew from the 14,326
college at the same time in the term. If the revocation results 14,327
in the college's receiving no reimbursement, the college may 14,328
require the student to return or pay for the textbooks and 14,329
299
materials it provided the student free of charge under section 14,330
3365.08 of the Revised Code. 14,331
No later than five days after receiving an expulsion notice 14,333
from the superintendent of a district OR THE GOVERNING AUTHORITY 14,334
OF A COMMUNITY SCHOOL that has adopted a policy under section 14,335
3313.613 of the Revised Code, the college shall send a written 14,337
notice to the expelled student that the student's election of 14,338
division (B) of section 3365.04 of the Revised Code is revoked. 14,340
If the college elects not to withdraw its acceptance of the 14,341
student, the student shall pay all applicable tuition and fees 14,342
for the college courses and shall pay for the textbooks and 14,344
materials that the college provided under section 3365.08 of the 14,345
Revised Code.
Sec. 3365.05. High school credit awarded for courses 14,354
successfully completed under this chapter shall count toward the 14,355
graduation requirements and subject area requirements of the 14,356
school district, COMMUNITY SCHOOL, or nonpublic school. If a 14,358
course comparable to one a student completed at a college is 14,359
offered by the district, COMMUNITY SCHOOL, or nonpublic school, 14,361
the board or school shall award comparable credit for the course 14,362
completed at the college. If no comparable course is offered by 14,363
the district, COMMUNITY SCHOOL, or nonpublic school, the board or 14,365
school shall grant an appropriate number of credits in a similar 14,366
subject area to the student.
If there is a dispute between a school district board OR A 14,368
COMMUNITY SCHOOL GOVERNING AUTHORITY and a student regarding high 14,370
school credits granted for a course, the student may appeal the 14,371
board's OR GOVERNING AUTHORITY'S decision to the state board of 14,372
education. The state board's decision regarding any high school 14,373
credits granted under this division is final. 14,374
Evidence of successful completion of each course and the 14,376
high school credits awarded by the district, COMMUNITY SCHOOL, or 14,378
participating nonpublic school shall be included in the student's 14,379
record. The record shall indicate that the credits were earned 14,380
300
as a participant under this chapter and shall include the name of 14,381
the college at which the credits were earned. The district 14,382
board, COMMUNITY SCHOOL GOVERNING AUTHORITY, or nonpublic school 14,384
shall determine whether and the manner in which the grade 14,385
achieved in a course completed at a college under division (B) of 14,386
section 3365.04 of the Revised Code will be counted in any 14,387
cumulative grade point average maintained for the student. 14,388
Sec. 3365.07. (A) The rules adopted under section 3365.02 14,400
of the Revised Code shall specify a method for each of the 14,401
following: 14,402
(1) Determining, with respect to any participant, the 14,404
percentage of a full-time educational program constituted by the 14,405
participant's total educational program. That percentage shall 14,406
be the participant's full-time equivalency percentage for 14,407
purposes of the computation required by division (B)(1) of this 14,408
section. 14,409
(2) In the case of a participant who is not enrolled in a 14,411
participating nonpublic school, determining the percentage of a 14,412
participant's school day during which he THE PARTICIPANT is 14,413
participating in each of the following: 14,415
(a) Programs provided by the city, local, or exempted 14,417
village school district, OR A COMMUNITY SCHOOL; 14,418
(b) Programs provided by a joint vocational school 14,420
district; 14,421
(c) Programs provided by a college under division (B) of 14,423
section 3365.04 of the Revised Code. 14,424
The sum of divisions (A)(2)(a) to (c) of this section shall equal 14,426
one hundred per cent. 14,427
(3) In the case of a participant who is not enrolled in a 14,429
participating nonpublic school, determining the percentage of a 14,430
participant's enrollment that shall be deemed to be enrollment in 14,431
a joint vocational school district and the percentage that shall 14,432
be deemed to be enrollment in a city, local, or exempted village 14,433
school district. The sum of such percentages shall equal one 14,434
301
hundred per cent. 14,435
(4) In the case of a participant who is enrolled in a 14,437
participating nonpublic school, determining the percentage of a 14,438
participant's school day during which he THE PARTICIPANT is 14,439
participating in programs provided by a college under division 14,441
(B) of section 3365.04 of the Revised Code. 14,442
(B) Each July, the department of education shall pay each 14,444
college for any participant enrolled in the college in the prior 14,445
school year under division (B) of section 3365.04 of the Revised 14,446
Code an amount computed as follows: 14,447
(1) Multiply the tuition base by the participant's 14,449
full-time equivalency percentage and multiply the resulting 14,450
amount by a percentage equal to the percentage of the 14,451
participant's school day apportioned to the college under 14,452
division (A)(2)(c) or (4) of this section, as applicable. 14,453
(2) Pay the college the lesser of: 14,455
(a) The amount computed under division (B)(1) of this 14,457
section; 14,458
(b) The actual costs that would have been the 14,460
responsibility of the participant had he THE PARTICIPANT elected 14,461
to enroll under division (A) of section 3365.04 of the Revised 14,463
Code, as verified by the department, of tuition, textbooks, 14,464
materials, and fees directly related to any courses elected by 14,465
the participant during the prior school year under division (B) 14,466
of section 3365.04 of the Revised Code. 14,467
(C) The department shall not reimburse any college for any 14,469
course taken by a participant under division (A) of section 14,470
3365.04 of the Revised Code. 14,471
(D) If the participant was not enrolled in a participating 14,473
nonpublic school, the amount paid under division (B) of this 14,474
section for each participant shall be subtracted from the school 14,475
foundation payments made to the participant's school district OR, 14,476
IF THE PARTICIPANT WAS ENROLLED IN A COMMUNITY SCHOOL, FROM THE 14,477
COMMUNITY SCHOOL PAYMENTS MADE TO THE PARTICIPANT'S SCHOOL UNDER 14,478
302
SECTION 3314.08 OF THE REVISED CODE. If the participant was 14,479
enrolled in a joint vocational school district, a portion of the 14,480
amount shall be subtracted from the payments to the joint 14,481
vocational school district and a portion shall be subtracted from 14,482
the payments to the participant's city, local, or exempted 14,483
village school district. The amount of the payment subtracted 14,484
from the city, local, or exempted village school district shall 14,485
be computed as follows:
(1) Add the following: 14,487
(a) The percentage of the participant's enrollment in the 14,489
school district, determined under division (A)(3) of this 14,490
section; and 14,491
(b) Twenty-five per cent times the percentage of the 14,493
participant's enrollment in the joint vocational school district, 14,494
determined under division (A)(3) of this section. 14,495
(2) Multiply the sum obtained under division (D)(1) of 14,497
this section by the amount computed under division (B)(2) of this 14,498
section. 14,499
The balance of the payment shall be subtracted from the joint 14,501
vocational district's school foundation payments. 14,502
(E) If the participant was enrolled in a participating 14,504
nonpublic school, the amount paid under division (B) of this 14,505
section shall be subtracted from moneys set aside by the general 14,506
assembly for such purpose from funds appropriated for the 14,507
purposes of section 3317.06 of the Revised Code. 14,508
Sec. 3365.09. Section 3365.07 and divisions (A) and (C) of 14,517
section 3365.08 of the Revised Code do not apply to any college 14,518
course in which a student is enrolled if during the term such 14,519
student is enrolled in the college course he THE STUDENT is also 14,521
a full-time student in his THE STUDENT'S district, COMMUNITY 14,522
SCHOOL, or nonpublic school. The rules adopted under secton 14,524
SECTION 3365.02 of the Revised Code shall prescribe a method for 14,525
determining whether a student is enrolled full-time in his THE 14,526
STUDENT'S district, COMMUNITY SCHOOL, or nonpublic school. 14,528
303
Sec. 3770.01. (A) There is hereby created the state 14,537
lottery commission consisting of nine members appointed by the 14,538
governor with the advice and consent of the senate. No more than 14,539
five members of the commission shall be members of the same 14,540
political party. Of the additional and new appointments made to 14,541
the commission pursuant to the amendment of August 1, 1980, three 14,542
shall be for terms ending August 1, 1981, three shall be for 14,543
terms ending August 1, 1982, and three shall be for terms ending 14,544
August 1, 1983. Thereafter, terms of office shall be for three 14,545
years, each term ending on the same day of the same month of the 14,546
year as did the term which it succeeds. Each 14,547
(B) EACH member shall hold office from the date of 14,550
appointment until the end of the term for which the member was 14,551
appointed. The members of the commission shall represent the 14,553
various geographic regions of the state. Any member appointed to 14,554
fill a vacancy occurring prior to the expiration of the term for 14,555
which the member's predecessor was appointed shall hold office 14,557
for the remainder of such THAT term. Any member shall continue 14,559
in office subsequent to the expiration date of the member's term 14,561
until the member's successor takes office, or until a period of 14,562
sixty days has elapsed, whichever occurs first. 14,564
(C) All members of the commission shall be citizens of the 14,566
United States and residents of this state. THE MEMBERS OF THE 14,567
COMMISSION SHALL REPRESENT THE VARIOUS GEOGRAPHIC REGIONS OF THE 14,568
STATE. No member OF THE COMMISSION shall have any pecuniary 14,570
interest in any contract or license awarded by the commission. 14,571
ONE PERSON APPOINTED AS A MEMBER OF THE COMMISSION SHALL
REPRESENT AN ORGANIZATION THAT DEALS WITH PROBLEM GAMBLING AND 14,572
ASSISTS RECOVERING GAMBLING ADDICTS. Each person appointed as a 14,573
member of the commission, EXCEPT THE MEMBER APPOINTED AS A 14,575
REPRESENTATIVE OF AN ORGANIZATION THAT DEALS WITH PROBLEM 14,576
GAMBLING AND ASSISTS RECOVERING GAMBLING ADDICTS, shall have 14,578
prior experience or education in business administration, 14,579
management, sales, marketing, or advertising.
304
(D) The commission shall elect annually one of its members 14,581
to serve as chairperson for a term of one year. Election as 14,583
chairperson shall not extend a member's appointive term. Each 14,584
member of the commission shall receive an annual salary of five 14,585
thousand dollars, payable in monthly installments. Each member 14,586
OF THE COMMISSION ALSO shall also receive THE MEMBER'S actual and 14,588
necessary expenses incurred in the discharge of THE MEMBER'S
official duties. 14,589
(E) Each member of the commission, before entering upon 14,591
the discharge of THE MEMBER'S official duties, shall give a bond, 14,592
payable to the treasurer of state, in the sum of ten thousand 14,593
dollars with sufficient sureties to be approved by the treasurer 14,594
of state, which bond shall be filed with the secretary of state. 14,595
(F) The governor may remove any member of the commission 14,597
for malfeasance, misfeasance, or nonfeasance in office, giving 14,598
such THE member a copy of the charges against the member and 14,600
affording the member an opportunity to be publicly heard in 14,602
person or by counsel in the member's own defense upon not less 14,604
than ten days' notice. If such THE member is removed, the 14,606
governor shall file in the office of the secretary of state a 14,607
complete statement of all charges made against the member and the 14,608
governor's finding thereon ON THE CHARGES, together with a 14,610
complete report of the proceedings, and the governor's decision 14,611
thereon ON THE CHARGES is final.
(G) The commission shall maintain offices at locations in 14,613
the state as it may deem CONSIDER necessary for the efficient 14,614
performance of its functions. The director shall maintain an 14,616
office in Columbus to coordinate the activities of the state 14,617
lottery commission with other state departments. 14,618
Sec. 3770.06. (A) There is hereby created the state 14,628
lottery gross revenue fund, which shall be in the custody of the 14,629
treasurer of state but shall not be part of the state treasury. 14,630
All gross revenues received from sales of lottery tickets, fines, 14,631
fees, and related proceeds shall be deposited into the fund. The 14,632
305
treasurer of state shall invest any portion of the fund not 14,633
needed for immediate use in the same manner as, and subject to 14,634
all provisions of law with respect to the investment of, state 14,635
funds. The treasurer of state shall disburse money from the fund 14,636
on order of the director of the state lottery commission or the 14,637
director's designee. All revenues of the state lottery gross 14,638
revenue fund that are not paid to holders of winning lottery 14,639
tickets, that are not required to meet short-term prize 14,640
liabilities, that are not paid to lottery sales agents in the 14,641
form of agent bonuses, commissions, or reimbursements, and that 14,642
are not paid to financial institutions to reimburse such 14,643
institutions for sales agent nonsufficient funds shall be 14,644
transferred to the state lottery fund, which is hereby created in 14,645
the state treasury. All investment earnings of the fund shall be 14,646
credited to the fund. Moneys shall be disbursed from the state 14,647
lottery fund pursuant to vouchers approved by the director of the 14,648
state lottery commission. Total disbursements for monetary prize 14,649
awards to holders of winning lottery tickets and purchases of 14,650
goods and services awarded as prizes to holders of winning 14,651
lottery tickets shall be of an amount equal to at least fifty per 14,652
cent of the total revenue accruing from the sale of lottery 14,653
tickets.
(B) Pursuant to Section 6 of Article XV, Ohio 14,655
Constitution, there is hereby established in the state treasury 14,656
the lottery profits education fund. Whenever, in the judgment of 14,657
the director of budget and management, the amount to the credit 14,658
of the state lottery fund is in excess of that needed to meet the 14,659
maturing obligations of the commission and as working capital for 14,660
its further operations, the director shall transfer the excess to 14,662
the lottery profits education fund, provided that the amount to
be transferred into the lottery profits education fund shall 14,663
equal no less than thirty per cent of the total revenue accruing 14,664
from the sale of lottery tickets. Investment earnings of the 14,665
lottery profits education fund shall be credited to the fund. 14,666
306
There shall also be credited to the fund any repayments of moneys 14,667
loaned from the educational excellence investment fund. The 14,668
lottery profits education fund shall be used solely for the 14,669
support of elementary, secondary, vocational, and special 14,670
education programs as determined in appropriations made by the 14,671
general assembly. When determining the availability of money in 14,672
the lottery profits education fund, the director of budget and 14,673
management may consider all balances and estimated revenues of 14,674
the fund. 14,675
From the amounts that the director of budget and management 14,677
transfers in any fiscal year from the state lottery fund to the 14,678
lottery profits education fund, the director shall transfer the 14,680
initial ten million dollars of such amounts from the lottery
profits education fund to the school building program bond 14,681
service fund created in division (R) of section 3318.26 of the 14,682
Revised Code to be pledged for the purpose of paying bond service 14,683
charges as defined in division (C) of section 3318.21 of the 14,684
Revised Code on one or more issuances of obligations, which 14,685
obligations are issued to provide moneys for the school building 14,686
program assistance fund created in section 3318.25 of the Revised 14,687
Code.
(C) There is hereby established in the state treasury the 14,689
deferred prizes trust fund. With the approval of the director of 14,690
budget and management, an amount sufficient to fund annuity 14,691
prizes shall be transferred from the state lottery fund and 14,692
credited to the trust fund. The treasurer of state shall credit 14,694
all earnings arising from investments purchased under this
division to the fund. Within sixty days after the end of each 14,695
fiscal year, the director of budget and management shall certify 14,696
the amount of investment earnings necessary to have been credited 14,697
to the trust fund during the fiscal year just ending to provide 14,698
for continued funding of deferred prizes. Any earnings credited 14,699
in excess of this certified amount shall be transferred to the 14,700
lottery profits education fund. To provide all or a part of the 14,701
307
amounts necessary to fund deferred prizes awarded by the 14,702
commission, the treasurer of state, in consultation with the 14,703
commission, may invest moneys contained in the deferred prizes 14,704
trust fund in accordance with section 135.143 of the Revised Code 14,706
OBLIGATIONS OF THE TYPE PERMITTED FOR THE INVESTMENT OF STATE
FUNDS BUT WHOSE MATURITIES ARE THIRTY YEARS OR LESS. INVESTMENTS 14,707
OF THE DEFERRED PRIZES TRUST FUND ARE NOT SUBJECT TO THE 14,708
PROVISIONS OF DIVISION (A)(10) OF SECTION 135.143 OF THE REVISED 14,709
CODE LIMITING TO FIVE PER CENT THE AMOUNT OF THE STATE'S TOTAL 14,710
AVERAGE PORTFOLIO THAT MAY BE INVESTED IN DEBT INTERESTS AND 14,711
LIMITING TO ONE HALF OF ONE PER CENT THE AMOUNT THAT MAY BE
INVESTED IN DEBT INTERESTS OF A SINGLE ISSUER. 14,712
All purchases made under this division shall be effected on 14,714
a delivery versus payment method and shall be in the custody of 14,715
the treasurer of state. 14,716
The treasurer of state may retain an investment advisor, if 14,718
necessary. The commission shall pay any costs incurred by the 14,719
treasurer of state in retaining an investment advisor. 14,720
(D) The auditor of state shall conduct annual audits of 14,723
all funds and such other audits as the auditor of state or the 14,724
general assembly considers necessary. The auditor of state may
examine all records, files, and other documents of the 14,725
commission, and such records of lottery sales agents as pertain 14,726
to their activities as agents, for purposes of conducting 14,727
authorized audits.
The state lottery commission shall establish an internal 14,729
audit program before the beginning of each fiscal year, subject 14,730
to the approval of the auditor of state. At the end of each 14,731
fiscal year, the commission shall prepare and submit an annual 14,732
report to the auditor of state for the auditor of state's review 14,733
and approval, specifying the internal audit work completed by the 14,734
end of that fiscal year and reporting on compliance with the
annual internal audit program. The form and content of the 14,735
report shall be prescribed by the auditor of state under division 14,736
308
(C) of section 117.20 of the Revised Code. 14,737
Sec. 4117.101. Notwithstanding sections 4117.08 and 14,746
4117.10 of the Revised Code, no agreement entered into under this 14,747
chapter may contain any provision that in any way limits the 14,748
effect or operation of Chapter 3314. of the Revised Code or 14,749
limits the authority of a school district board of education, OR 14,750
THE GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN
DIVISION (C)(1)(e) OF SECTION 3314.02 OF THE REVISED CODE, to 14,752
enter into a contract with a community school under that chapter. 14,753
However, nothing in this section shall be construed to prohibit 14,754
an agreement entered into under this chapter from containing 14,755
requirements and procedures governing the reassignment of 14,756
teachers who are employed in a school at the time it is converted 14,757
to a community school pursuant to Chapter 3314. of the Revised 14,758
Code and who do not choose or are not chosen to teach in that 14,760
community school.
Sec. 5126.12. (A) As used in this section: 14,769
(1) "Approved SCHOOL AGE unit" means a class or unit 14,771
operated by a county board of mental retardation and 14,774
developmental disabilities and approved by the state board of 14,775
education under DIVISION (D) OF section 3317.05 of the Revised 14,776
Code.
(2) "APPROVED PRESCHOOL UNIT" MEANS A CLASS OR UNIT 14,778
OPERATED BY A COUNTY BOARD OF MENTAL RETARDATION AND 14,779
DEVELOPMENTAL DISABILITIES AND APPROVED BY THE STATE BOARD OF 14,780
EDUCATION UNDER DIVISION (B) OF SECTION 3317.05 OF THE REVISED 14,781
CODE.
(3) "Active treatment" means a continuous treatment 14,783
program, which includes aggressive, consistent implementation of 14,784
a program of specialized and generic training, treatment, health 14,785
services, and related services, that is directed toward the 14,786
acquisition of behaviors necessary for an individual with mental 14,787
retardation or other developmental disability to function with as 14,789
much self-determination and independence as possible and toward 14,790
309
the prevention of deceleration, regression, or loss of current 14,791
optimal functional status.
(3)(4) "Eligible for active treatment" means that an 14,793
individual with mental retardation or other developmental 14,795
disability resides in an intermediate care facility for the 14,796
mentally retarded certified under Title XIX of the "Social 14,797
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 14,798
resides in a state institution operated by the department of 14,799
mental retardation and developmental disabilities; or is enrolled 14,800
in a home and community-based services waiver program 14,801
administered by the department of mental retardation and 14,802
developmental disabilities as part of the medical assistance 14,803
program established under section 5111.01 of the Revised Code. 14,804
(4)(5) "Community alternative funding system" means the 14,806
program under which habilitation services are reimbursed under 14,807
the medical assistance program pursuant to section 5111.041 of 14,808
the Revised Code and rules adopted under that section. 14,809
(5)(6) "Community employment program" means community 14,811
employment services provided outside of a sheltered workshop 14,812
setting under which the person earns competitive wages for the 14,813
performance of work. 14,814
(6)(7) "Traditional adult services" means vocational and 14,816
nonvocational activities conducted within a sheltered workshop or 14,817
adult activity center or supportive home services. 14,818
(B) Each county board of mental retardation and 14,820
developmental disabilities shall certify to the director of 14,821
mental retardation and developmental disabilities all of the 14,822
following:
(1) On or before the fifteenth day of October, the average 14,824
daily membership for the first full week of programs and services 14,825
during October receiving: 14,826
(a) Early childhood services provided pursuant to section 14,828
5126.05 of the Revised Code for children who are less than three 14,829
years of age on the thirtieth day of September of the academic 14,830
310
year; 14,831
(b) Special education for handicapped children in approved 14,833
SCHOOL AGE units; 14,834
(c) Adult services for persons sixteen years of age and 14,836
older operated pursuant to section 5126.05 and division (B) of 14,837
section 5126.051 of the Revised Code. Separate counts shall be 14,838
made for the following: 14,839
(i) Persons enrolled in traditional adult services who are 14,841
eligible for but not enrolled in active treatment under the 14,842
community alternative funding system; 14,843
(ii) Persons enrolled in traditional adult services who 14,845
are eligible for and enrolled in active treatment under the 14,846
community alternative funding system; 14,847
(iii) Persons enrolled in traditional adult services but 14,849
who are not eligible for active treatment under the community 14,850
alternative funding system; 14,851
(iv) Persons participating in community employment 14,853
services. To be counted as participating in community employment 14,854
services, a person must have spent an average of no less than 14,855
twenty hours per week in such employment during the preceding six 14,856
months. 14,857
(d) Other programs in the county for individuals with 14,859
mental retardation and developmental disabilities that have been 14,860
approved for payment of subsidy by the department of mental 14,861
retardation and developmental disabilities. 14,862
The membership in each such program and service in the 14,864
county shall be reported on forms prescribed by the department of 14,865
mental retardation and developmental disabilities. 14,866
The department of mental retardation and developmental 14,868
disabilities shall adopt rules defining full-time equivalent 14,869
enrollees and for determining the average daily membership 14,871
therefrom, except that certification of average daily membership 14,873
in approved SCHOOL AGE units shall be in accordance with rules 14,876
adopted by the state board of education. The average daily
311
membership figure shall be determined by dividing the amount 14,877
representing the sum of the number of enrollees in each program 14,878
or service in the week for which the certification is made by the 14,880
number of days the program or service was offered in that week. 14,883
No enrollee may be counted in average daily membership for more 14,884
than one program or service.
(2) BY THE FIFTEENTH DAY OF DECEMBER, THE NUMBER OF 14,886
CHILDREN ENROLLED IN APPROVED PRESCHOOL UNITS ON THE FIRST DAY OF 14,887
DECEMBER;
(3) By the fifteenth day of February, an itemized report 14,890
of expenditures for the preceding calendar year which have been 14,891
approved for reimbursement by the director; 14,892
(3)(4) By the fifteenth day of February, a report of the 14,894
total annual cost per enrollee for operation of programs and 14,896
services in the preceding calendar year. The report shall 14,897
include a grand total of all programs operated, the cost of the 14,898
individual programs, and the sources of funds applied to each
program. 14,899
(4)(5) That each required certification and report is in 14,901
accordance with rules established by the department of mental 14,902
retardation and developmental disabilities and the state board of 14,903
education for the operation and subsidization of the programs and 14,904
services. 14,905
(C) To compute payments under this section to the board 14,907
for the fiscal year, the department of mental retardation and 14,908
developmental disabilities shall use the certification of average 14,911
daily membership required by division (B)(1) of this section 14,912
exclusive of the average daily membership in any approved SCHOOL 14,913
AGE UNIT AND THE NUMBER IN ANY APPROVED PRESCHOOL unit.
(D) The department shall pay each county board for each 14,915
fiscal year an amount equal to nine hundred fifty dollars times 14,917
the certified average daily membership NUMBER of persons who on 14,918
the thirtieth FIRST day of September DECEMBER of the academic 14,920
year are under three years of age and are not in an approved unit 14,921
312
for preschool children UNIT. For persons who are at least age 14,923
sixteen and are not in an approved SCHOOL AGE unit, the 14,924
department shall pay each county board for each fiscal year the 14,925
following amounts:
(1) One thousand dollars times the certified average daily 14,927
membership of persons enrolled in traditional adult services who 14,928
are eligible for but not enrolled in active treatment under the 14,929
community alternative funding system; 14,930
(2) One thousand two hundred dollars times the certified 14,932
average daily membership of persons enrolled in traditional adult 14,933
services who are eligible for and enrolled in active treatment 14,934
under the community alternative funding system; 14,935
(3) No less than one thousand five hundred dollars times 14,937
the certified average daily membership of persons enrolled in 14,938
traditional adult services but who are not eligible for active 14,939
treatment under the community alternative funding system; 14,940
(4) No less than one thousand five hundred dollars times 14,942
the certified average daily membership of persons participating 14,943
in community employment services. 14,944
(E) The department shall distribute this subsidy to county 14,946
boards in semiannual installments of equal amounts. The 14,947
installments shall be made not later than the thirty-first day of 14,949
August and the thirty-first day of January. 14,950
(F) The director of mental retardation and developmental 14,952
disabilities shall make efforts to obtain increases in the 14,953
subsidies for early childhood services and adult services so that 14,954
the amount of the subsidies is equal to at least fifty per cent 14,955
of the statewide average cost of those services minus any 14,956
applicable federal reimbursements for those services. The 14,957
director shall advise the director of budget and management of 14,958
the need for any such increases when submitting the biennial 14,959
appropriations request for the department. 14,960
(G) In determining the reimbursement of a county board for 14,962
the provision of case management and family support services and 14,964
313
other services required or approved by the director for which 14,965
children three through twenty-one years of age are eligible, the 14,966
department shall include the average daily membership in approved 14,967
SCHOOL AGE OR PRESCHOOL units. The department, in accordance 14,968
with this section and upon receipt and approval of the 14,969
certification required by this section and any other information 14,970
it requires to enable it to determine a board's payments, shall 14,971
pay the agency providing the specialized training the amounts 14,972
payable under this section.
Sec. 5126.16. As used in sections 5126.16 to 5126.18 of 14,981
the Revised Code:
(A) "Taxable value" means the total taxable value of real 14,983
and public utility property and of tangible personal property in 14,984
a county as shown on the county auditor's tax lists. 14,985
(B) "Taxes" means the total taxes levied pursuant to 14,987
division (L) of section 5705.19 of the Revised Code or pursuant 14,988
to that section and section 5705.222, as shown on the preceding 14,989
year's tax lists of real and public utility property and tangible 14,990
personal property, after making the reductions required by 14,991
section 319.301 of the Revised Code. 14,992
(C) "Enrollment" means a county board of mental 14,994
retardation and developmental disabilities' average daily 14,995
membership of programs and services as certified under divisions 14,997
(B)(1)(a), (b), and (c) AND (B)(2) of section 5126.12 of the 14,999
Revised Code, exclusive of individuals who are served solely 15,000
through case management or family support services provided 15,002
pursuant to sections 5126.11 and 5126.15 of the Revised Code. 15,003
(D) "Effective tax rate" for a county board means a 15,005
fraction, the numerator of which is the county board's taxes and 15,006
the denominator of which is the county board's taxable value. 15,007
(E) "Local revenue factor" means a county board's taxes 15,009
divided by the lesser of the aggregate rate of tax authorized to 15,010
be levied by the board of county commissioners pursuant to 15,011
division (L) of section 5705.19 and section 5705.222 of the 15,012
314
Revised Code or the aggregate rate of tax authorized pursuant to 15,013
that division and that section and certified to the county 15,014
auditor under section 319.30 of the Revised Code. 15,015
(F) "Hypothetical local revenue per enrollee" means the 15,017
quotient obtained by dividing a county board's local revenue 15,018
factor by its enrollment. 15,019
(G) "Hypothetical statewide average revenue per enrollee" 15,021
means the quotient obtained by dividing the sum of all county 15,022
boards' local revenue factors by the total enrollment of all 15,023
county boards. 15,024
(H) "Infant and adult enrollment" means a county board of 15,026
mental retardation and developmental disabilities' total average 15,027
daily membership of programs and services as certified under 15,028
divisions (B)(1)(a) and (c) of section 5126.12 of the Revised 15,031
Code, exclusive of individuals who are served solely through case 15,032
management or family support services provided pursuant to 15,034
sections 5126.11 and 5126.15 of the Revised Code. 15,035
Sec. 5705.29. The tax budget shall present the following 15,044
information in such detail as is prescribed by the auditor of 15,045
state, unless an alternative form of the budget is permitted 15,046
under section 5705.281 of the Revised Code: 15,047
(A)(1) A statement of the necessary current operating 15,049
expenses for the ensuing fiscal year for each department and 15,050
division of the subdivision, classified as to personal services 15,051
and other expenses, and the fund from which such expenditures are 15,052
to be made. Except in the case of a school district, this 15,053
estimate may include a contingent expense not designated for any 15,054
particular purpose, and not to exceed three per cent of the total 15,055
amount of appropriations for current expenses. In the case of a 15,056
school district, this estimate may include a contingent expense 15,057
not designated for any particular purpose and not to exceed 15,058
thirteen per cent of the total amount of appropriations for 15,059
current expenses. 15,060
(2) A statement of the expenditures for the ensuing fiscal 15,062
315
year necessary for permanent improvements, exclusive of any 15,063
expense to be paid from bond issues, classified as to the 15,064
improvements contemplated by the subdivision and the fund from 15,065
which such expenditures are to be made; 15,066
(3) The amounts required for the payment of final 15,068
judgments; 15,069
(4) A statement of expenditures for the ensuing fiscal 15,071
year necessary for any purpose for which a special levy is 15,072
authorized, and the fund from which such expenditures are to be 15,073
made; 15,074
(5) Comparative statements, so far as possible, in 15,076
parallel columns of corresponding items of expenditures for the 15,077
current fiscal year and the two preceding fiscal years. 15,078
(B)(1) An estimate of receipts from other sources than the 15,080
general property tax during the ensuing fiscal year, which shall 15,081
include an estimate of unencumbered balances at the end of the 15,082
current fiscal year, and the funds to which such estimated 15,083
receipts are credited; 15,084
(2) The amount each fund requires from the general 15,086
property tax, which shall be the difference between the 15,087
contemplated expenditure from the fund and the estimated 15,088
receipts, as provided in this section. The section of the 15,089
Revised Code under which the tax is authorized shall be set 15,090
forth. 15,091
(3) Comparative statements, so far as possible, in 15,093
parallel columns of taxes and other revenues for the current 15,094
fiscal year and the two preceding fiscal years. 15,095
(C)(1) The amount required for debt charges; 15,097
(2) The estimated receipts from sources other than the tax 15,099
levy for payment of such debt charges, including the proceeds of 15,100
refunding bonds to be issued to refund bonds maturing in the next 15,101
succeeding fiscal year; 15,102
(3) The net amount for which a tax levy shall be made, 15,104
classified as to bonds authorized and issued prior to January 1, 15,105
316
1922, and those authorized and issued subsequent to such date, 15,106
and as to what portion of the levy will be within and what in 15,107
excess of the ten-mill limitation. 15,108
(D) An estimate of amounts from taxes authorized to be 15,110
levied in excess of the ten-mill limitation on the tax rate, and 15,111
the fund to which such amounts will be credited, together with 15,112
the sections of the Revised Code under which each such tax is 15,113
exempted from all limitations on the tax rate. 15,114
(E)(1) A board of education may include in its budget for 15,116
the fiscal year in which a levy proposed under section 5705.194, 15,117
5705.21, or 5705.213, or the original levy under section 5705.212 15,118
of the Revised Code is first extended on the tax list and 15,119
duplicate an estimate of expenditures to be known as a voluntary 15,120
contingency reserve balance, which shall not be greater than 15,121
twenty-five per cent of the total amount of the levy estimated to 15,122
be available for appropriation in such year. 15,123
(2) A board of education may include in its budget for the 15,125
fiscal year following the year in which a levy proposed under 15,126
section 5705.194, 5705.21, or 5705.213, or the original levy 15,127
under section 5705.212 of the Revised Code is first extended on 15,128
the tax list and duplicate an estimate of expenditures to be 15,129
known as a voluntary contingency reserve balance, which shall not 15,130
be greater than twenty per cent of the amount of the levy 15,131
estimated to be available for appropriation in such year. 15,132
(3) Except as provided in division (E)(4) of this section, 15,134
the full amount of any reserve balance the board includes in its 15,135
budget shall be retained by the county auditor and county 15,136
treasurer out of the first semiannual settlement of taxes until 15,137
the beginning of the next succeeding fiscal year, and thereupon, 15,138
with the depository interest apportioned thereto, it shall be 15,139
turned over to the board of education, to be used for the 15,140
purposes of such fiscal year. 15,141
(4) A board of education, by a two-thirds vote of all 15,143
members of the board, may appropriate any amount withheld as a 15,144
317
voluntary contingency reserve balance during the fiscal year for 15,145
any lawful purpose, provided that prior to such appropriation the 15,146
board of education has authorized the expenditure of all amounts 15,147
appropriated for contingencies under section 5705.40 of the 15,148
Revised Code. Upon request by the board of education, the county 15,149
auditor shall draw a warrant on the district's account in the 15,150
county treasury payable to the district in the amount requested. 15,151
(F)(1) A board of education may include a spending reserve 15,153
in its budget for fiscal years ending on or before June 30, 2002. 15,155
The spending reserve shall consist of an estimate of expenditures 15,156
not to exceed the district's spending reserve balance. A 15,157
district's spending reserve balance is the amount by which the 15,158
designated percentage of the district's estimated personal 15,159
property taxes to be settled during the calendar year in which 15,160
the fiscal year ends exceeds the estimated amount of personal 15,161
property taxes to be so settled and received by the district 15,162
during that fiscal year. Moneys from a spending reserve shall be 15,163
appropriated in accordance with section 133.301 of the Revised 15,164
Code. 15,165
(2) For the purposes of computing a school district's 15,167
spending reserve balance for a fiscal year, the designated 15,168
percentage shall be as follows: 15,169
Fiscal year ending in: Designated percentage 15,172
1998 50% 15,174
1999 40% 15,175
2000 30% 15,176
2001 20% 15,177
2002 10% 15,178
(G) Except as otherwise provided in this division, the 15,181
county budget commission shall not reduce the taxing authority of 15,182
a subdivision as a result of the creation of a reserve balance 15,183
account. Except as otherwise provided in this division, the 15,184
county budget commission shall not consider the amount in a 15,185
reserve balance account of a township, county, or municipal 15,186
318
corporation as an unencumbered balance or as revenue for the 15,187
purposes of division (E)(3) or (4) of section 5747.51 or division 15,188
(E)(3) or (4) of section 5747.62 of the Revised Code. The county 15,189
budget commission may require documentation of the reasonableness 15,190
of the reserve balance held in any reserve balance account. The 15,191
commission shall consider any amount in a reserve balance account 15,192
that it determines to be unreasonable as unencumbered and as 15,193
revenue for the purposes of sections 5747.51 and 5747.62 of the
Revised Code and may take such amounts into consideration when 15,195
determining whether to reduce the taxing authority of a
subdivision.
(H)(1) Each board of education shall include in its tax 15,197
budget and shall establish a reserve balance account to 15,199
accumulate currently available resources to stabilize the school
district's budget against cyclical changes in revenues and 15,200
expenditures. The balance in the reserve balance account shall 15,201
not at any time be less than five per cent of general fund 15,203
revenues for the most recently concluded fiscal year, except as 15,204
provided in division (H)(2) or (3) of this section, and except 15,205
for deficiencies arising from the appropriation of money from the 15,206
account for unanticipated deficiencies in revenue or other 15,208
emergencies pursuant to a resolution adopted by two-thirds of the 15,209
membership of the board of education specifying the reason for 15,210
the appropriation. The auditor of state and the superintendent
of public instruction jointly shall adopt rules governing 15,211
conditions that constitute unanticipated deficiencies in revenue 15,212
or emergencies for which appropriations may be made from a 15,213
reserve balance account. The rules also shall provide that a 15,214
board of education that borrows against its spending reserve 15,216
established in its tax budget for a fiscal year under division 15,217
(F) of this section is not subject to division (H)(2) of this 15,218
section for that fiscal year. A board of education shall not 15,219
appropriate money from a reserve balance account without filing a 15,221
schedule for replenishing the account with the superintendent of 15,222
319
public instruction and receiving approval of the schedule from 15,223
the superintendent of public instruction. 15,224
(2)(a) Beginning with the fiscal year ending in 1999 and 15,226
continuing each fiscal year until the balance in the reserve 15,227
balance account equals five per cent of the district's revenues 15,229
received for current expenses for the preceding fiscal year, if 15,230
the growth in a district's total revenues received for current
expenses from one fiscal year to the next is AT LEAST three per 15,231
cent or more, the board of education shall credit to its reserve 15,233
balance account, from the general fund or from other sources that 15,235
may lawfully be credited to the general fund, an amount not less 15,236
than one per cent of the revenue received for current expenses 15,237
for the fiscal year, at which time the balance in the reserve 15,238
balance account shall be maintained THAT, WHEN ADDED TO THE 15,239
ACCOUNT BALANCE, IS NOT LESS THAN: 15,240
(i) ONE PER CENT OF REVENUES RECEIVED FOR CURRENT EXPENSES 15,242
FOR THE PRIOR FISCAL YEAR; PLUS 15,243
(ii) THE SUM OF THE AMOUNTS CREDITED UNDER THIS SECTION 15,245
FOR ALL FISCAL YEARS THAT AMOUNTS WERE REQUIRED TO BE CREDITED 15,246
UNDER THIS SECTION.
EACH BOARD SHALL MAINTAIN THE BALANCE IN THE DISTRICT'S 15,248
RESERVE BALANCE ACCOUNT AT NOT LESS THAN FIVE PER CENT OF THE 15,249
DISTRICT'S REVENUES RECEIVED FOR CURRENT EXPENSES FOR THE 15,250
PRECEDING FISCAL YEAR, EXCEPT as otherwise required AUTHORIZED 15,251
under division (H)(1) of this section. 15,252
(b) NOTWITHSTANDING DIVISION (H)(2)(a) OF THIS SECTION, IN 15,255
NO YEAR SHALL A BOARD BE REQUIRED TO CREDIT TO ITS RESERVE 15,256
BALANCE ACCOUNT MORE THAN ONE PER CENT OF REVENUES RECEIVED FOR
CURRENT EXPENSES FOR THE PRIOR FISCAL YEAR. 15,257
(3) The balance in the reserve balance account of a school 15,260
district may be less than five per cent of the general fund 15,261
revenue for the most recently concluded fiscal year in any fiscal 15,262
year in which the school district is in a state of fiscal watch 15,263
or fiscal emergency pursuant to section 3316.03 of the Revised 15,264
320
Code.
(4) Notwithstanding any provision to the contrary in 15,266
Chapter 4117. of the Revised Code, the requirements of division 15,267
(H) of this section prevail over any conflicting provisions of 15,269
agreements between employee organizations and public employers 15,270
entered into after November 21, 1997. 15,271
(5) Notwithstanding division (H)(2) of this section, a 15,273
school district may, pursuant to rules adopted by the auditor of 15,274
state, credit less than one per cent of its prior year's revenue 15,275
received for current expenses into its reserve balance account. 15,276
(6) A SCHOOL DISTRICT BOARD MAY APPLY TO THE STATE 15,285
SUPERINTENDENT OF PUBLIC INSTRUCTION FOR A ONE-TIME WAIVER OF THE 15,286
DEPOSIT REQUIREMENTS OF DIVISION (H)(2) OF THIS SECTION WHEN IT 15,288
DETERMINES THAT MEETING THE REQUIREMENTS IN THE CURRENT OR NEXT 15,289
FISCAL YEAR WOULD CAUSE THE DISTRICT TO SIGNIFICANTLY REDUCE OR 15,290
ELIMINATE IMPORTANT EDUCATIONAL SERVICES. THE DISTRICT SHALL 15,291
APPLY IN THE FORM AND MANNER REQUIRED BY THE STATE 15,292
SUPERINTENDENT, AND THE APPLICATION MAY REQUEST A WAIVER OF ALL 15,293
OR PART OF THE DEPOSIT REQUIRED FOR THE CURRENT OR NEXT FISCAL 15,294
YEAR. THE STATE SUPERINTENDENT MAY GRANT A WAIVER IF THE STATE 15,295
SUPERINTENDENT AND THE AUDITOR OF STATE DETERMINE THAT MEETING 15,296
THE REQUIREMENT IN THE CURRENT OR NEXT FISCAL YEAR WOULD CAUSE
THE SCHOOL DISTRICT TO SIGNIFICANTLY REDUCE OR ELIMINATE 15,298
IMPORTANT EDUCATIONAL SERVICES. A WAIVER MAY ENTIRELY EXEMPT THE
DISTRICT FROM MAKING ANY DEPOSIT INTO ITS RESERVE BALANCE ACCOUNT 15,300
DURING THE CURRENT OR NEXT FISCAL YEAR OR, REGARDLESS OF WHETHER 15,301
THE DISTRICT BOARD APPLIED FOR A WAIVER OF THE ENTIRE DEPOSIT, 15,302
MAY SIMPLY REDUCE THE AMOUNT OF THE DEPOSIT OTHERWISE REQUIRED
DURING THE CURRENT OR NEXT FISCAL YEAR BY DIVISION (H)(2) OF THIS 15,303
SECTION. A WAIVER IS VALID FOR ONE FISCAL YEAR: EITHER THE 15,304
FISCAL YEAR IN WHICH THE DISTRICT BOARD APPLIED FOR IT OR THE 15,305
IMMEDIATELY FOLLOWING FISCAL YEAR. A DISTRICT BOARD MAY RECEIVE 15,306
ONLY ONE WAIVER UNDER DIVISION (H)(6) OF THIS SECTION. 15,307
(I) NOTWITHSTANDING DIVISION (H)(2) OF THIS SECTION, 15,309
321
WHENEVER A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL 15,311
SCHOOL DISTRICT RECEIVES FROM THE BUREAU OF WORKERS' COMPENSATION 15,312
A REFUND OR OTHER REIMBURSEMENT OF MONEY THAT THE DISTRICT 15,313
PREVIOUSLY PAID TO THE BUREAU, THE DISTRICT SHALL DEPOSIT THE 15,314
FULL AMOUNT OF THE REFUND OR OTHER REIMBURSEMENT INTO THE 15,315
DISTRICT'S RESERVE BALANCE ACCOUNT, UNLESS THE ACCOUNT ALREADY 15,316
CONTAINS FIVE PER CENT OF THE DISTRICT'S REVENUES RECEIVED FOR 15,317
CURRENT EXPENSES FOR THE PRECEDING YEAR AS PRESCRIBED IN DIVISION 15,318
(H)(2)(a) OF THIS SECTION. A DISTRICT MAY CREDIT ANY AMOUNT IT 15,320
DEPOSITS INTO THAT ACCOUNT UNDER THIS DIVISION TOWARD ANY MINIMUM 15,321
DEPOSIT REQUIRED FOR THE ACCOUNT IN THAT FISCAL YEAR. 15,322
Sec. 5705.412. Notwithstanding section 5705.41 of the 15,331
Revised Code, no school district shall adopt any appropriation 15,332
measure, make any contract, give any order involving the 15,333
expenditure of money, or increase during any school year any wage 15,334
or salary schedule unless there is attached thereto a certificate 15,335
signed by the treasurer and president of the board of education 15,336
and the superintendent that the school district has in effect for 15,337
the remainder of the fiscal year and the succeeding fiscal year 15,338
the authorization to levy taxes including the renewal or 15,339
replacement of existing levies which, when combined with the 15,340
estimated revenue from all other sources available to the 15,341
district at the time of certification, are sufficient to provide 15,342
the operating revenues necessary to enable the district to 15,343
maintain all personnel, programs, and services essential to the 15,345
provision of an adequate educational program for all the days set
forth in its adopted school calendars for the current fiscal year 15,346
and for a number of days in the succeeding fiscal year equal to 15,347
the number of days instruction was held or is scheduled for the 15,348
current fiscal year. However, a certificate attached to an 15,350
appropriation measure under this section shall cover only the 15,351
fiscal year in which the appropriation measure is effective and 15,352
shall not consider the renewal or replacement of an existing levy 15,353
as the authority to levy taxes that are subject to appropriation 15,354
322
in the current fiscal year unless the renewal or replacement levy 15,355
has been approved by the electors and is subject to appropriation 15,356
in the current fiscal year. In addition, a certificate attached, 15,358
in accordance with this section, to any contract shall cover the 15,359
term of the contract or the current fiscal year plus the two 15,360
immediately succeeding fiscal years, whichever period of years is 15,361
greater. If the board of education has not adopted a school 15,363
calendar for the school year beginning on the first day of the 15,364
fiscal year in which a certificate is required, the certificate 15,365
attached to an appropriation measure shall include the number of 15,366
days on which instruction was held in the preceding fiscal year 15,367
and other certificates required under this section shall include 15,368
that number of days for the fiscal year in which the certificate 15,369
is required and the succeeding fiscal year. Every contract made, 15,370
order given, or schedule adopted or put into effect without such 15,371
a certificate shall be void, and no payment of any amount due 15,372
thereon shall be made. The department of education and the 15,373
auditor of state jointly shall develop rules governing the 15,374
methods by which treasurers, presidents of boards of education, 15,375
and superintendents shall estimate revenue and determine whether 15,376
such revenue is sufficient to provide necessary operating revenue 15,378
for the purpose of making certifications required by this 15,379
section.
The auditor of state shall be responsible for determining 15,382
whether school districts are in compliance with this section. At 15,384
the time a school district is audited pursuant to section 117.11 15,385
of the Revised Code, the auditor of state shall review each 15,386
certificate issued under this section since the district's last 15,387
audit, and the appropriation measure, contract, order, or wage 15,388
and salary schedule to which such certificate was attached. This 15,389
provision shall not preclude any court from making a 15,390
determination regarding compliance with this section. If 15,391
noncompliance is determined, the provisions of section 117.28 of 15,392
the Revised Code shall have effect. 15,393
323
The treasurer shall forward a copy of each certificate of 15,395
available resources required under this section to the auditor of 15,396
any county in which a part of the district is located. The 15,397
county auditor shall not distribute property taxes or any payment 15,398
under Chapter 3317. of the Revised Code to a school district that 15,399
has not forwarded copies of all such certificates. If a county 15,400
auditor determines that a copy of a certificate has not been 15,401
forwarded as required, or has reason to believe that a 15,402
certificate for which a copy has been forwarded contains false 15,403
statements or that a certificate has not been signed and attached 15,404
to an appropriation measure, contract, order, or wage and salary 15,405
schedule as required by this section, the auditor shall provide 15,406
immediate written notification to the superintendent of public 15,407
instruction. In the case of a certificate which the auditor has 15,408
reason to believe contains false information or the failure to 15,409
sign and attach a certificate as required, the auditor shall also 15,410
provide immediate written notification to the auditor of state 15,411
and the county prosecuting attorney, city director of law, or 15,412
other chief law officer of the district. 15,413
This section does not apply to any contract, order, or 15,415
increase in any wage or salary schedule that is necessary in 15,416
order to enable a board of education to comply with division (B) 15,417
of section 3317.13 of the Revised Code, provided the contract, 15,418
order, or increase does not exceed the amount required to be paid 15,419
to be in compliance with such division. 15,420
Any officer, employee, or other person who knowingly 15,422
expends or authorizes the expenditure of any public funds or 15,423
knowingly authorizes or executes any contract, order, or schedule 15,424
contrary to this section, knowingly expends or authorizes the 15,425
expenditure of any public funds on the void contract, order, or 15,426
schedule, or knowingly issues a certificate under this section 15,427
which contains any false statements is liable to the school 15,428
district for the full amount paid from the district's funds on 15,429
the contract, order, or schedule. The officer, employee, or 15,430
324
other person is jointly and severally liable in person and upon 15,431
any official bond that the officer, employee, or other person has 15,433
given to the school district to the extent of any payments on the 15,434
void claim, not to exceed twenty thousand dollars. However, no 15,435
officer, employee, or other person shall be liable for a mistaken 15,436
estimate of available resources made in good faith and based upon 15,437
reasonable grounds. If an officer, employee, or other person is 15,438
found to have complied with rules adopted by the department of 15,439
education under this section governing methods by which revenue 15,440
shall be estimated and determined sufficient to provide necessary 15,441
operating revenue for the purpose of making certifications 15,442
required by this section, the officer, employee, or other person 15,443
shall not be liable under this section if the estimates and 15,444
determinations made according to those rules do not, in fact, 15,445
conform with actual revenue. The prosecuting attorney of the 15,447
county, the city director of law, or other chief law officer of 15,448
the district shall enforce this liability by civil action brought 15,449
in any court of appropriate jurisdiction in the name of and on 15,450
behalf of the school district. If the prosecuting attorney, city 15,451
director of law, or other chief law officer of the district 15,452
fails, upon the written request of any taxpayer, to institute 15,453
action for the enforcement of the liability, the taxpayer may 15,454
institute the action in the taxpayer's own name in behalf of the 15,456
subdivision.
This section does not require the attachment of an 15,458
additional certificate beyond that required by section 5705.41 of 15,459
the Revised Code for any purchase order, for current payrolls of, 15,460
or contracts of employment with, regular employees or officers. 15,461
This section does not require the attachment of a 15,463
certificate to a temporary appropriation measure if all of the 15,464
following apply: 15,465
(A) The amount appropriated does not exceed twenty-five 15,467
per cent of the total amount from all sources available for 15,468
expenditure from any fund during the preceding fiscal year; 15,469
325
(B) The measure will not be in effect on or after the 15,471
thirtieth day following the earliest date on which the district 15,472
may pass an annual appropriation measure; 15,473
(C) An amended official certificate of estimated resources 15,475
for the current year, if required, has not been certified to the 15,476
board of education under division (B) of section 5705.36 of the 15,477
Revised Code. 15,478
Sec. 5747.01. Except as otherwise expressly provided or 15,487
clearly appearing from the context, any term used in this chapter 15,488
has the same meaning as when used in a comparable context in the 15,489
Internal Revenue Code, and all other statutes of the United 15,490
States relating to federal income taxes. 15,491
As used in this chapter: 15,493
(A) "Adjusted gross income" or "Ohio adjusted gross 15,495
income" means adjusted gross income as defined and used in the 15,496
Internal Revenue Code, adjusted as provided in divisions (A)(1) 15,498
to (17) of this section:
(1) Add interest or dividends on obligations or securities 15,500
of any state or of any political subdivision or authority of any 15,501
state, other than this state and its subdivisions and 15,502
authorities.
(2) Add interest or dividends on obligations of any 15,504
authority, commission, instrumentality, territory, or possession 15,505
of the United States that are exempt from federal income taxes 15,506
but not from state income taxes. 15,507
(3) Deduct interest or dividends on obligations of the 15,509
United States and its territories and possessions or of any 15,510
authority, commission, or instrumentality of the United States to 15,511
the extent included in federal adjusted gross income but exempt 15,512
from state income taxes under the laws of the United States. 15,513
(4) Deduct disability and survivor's benefits to the 15,515
extent included in federal adjusted gross income. 15,516
(5) Deduct benefits under Title II of the Social Security 15,518
Act and tier 1 railroad retirement benefits to the extent 15,519
326
included in federal adjusted gross income under section 86 of the 15,520
Internal Revenue Code. 15,521
(6) Add, in the case of a taxpayer who is a beneficiary of 15,523
a trust that makes an accumulation distribution as defined in 15,524
section 665 of the Internal Revenue Code, the portion, if any, of 15,525
such distribution that does not exceed the undistributed net 15,526
income of the trust for the three taxable years preceding the 15,527
taxable year in which the distribution is made. "Undistributed 15,528
net income of a trust" means the taxable income of the trust 15,529
increased by (a)(i) the additions to adjusted gross income 15,530
required under division (A) of this section and (ii) the personal 15,531
exemptions allowed to the trust pursuant to section 642(b) of the 15,532
Internal Revenue Code, and decreased by (b)(i) the deductions to 15,533
adjusted gross income required under division (A) of this 15,534
section, (ii) the amount of federal income taxes attributable to 15,535
such income, and (iii) the amount of taxable income that has been 15,536
included in the adjusted gross income of a beneficiary by reason 15,537
of a prior accumulation distribution. Any undistributed net 15,538
income included in the adjusted gross income of a beneficiary 15,539
shall reduce the undistributed net income of the trust commencing 15,540
with the earliest years of the accumulation period. 15,541
(7) Deduct the amount of wages and salaries, if any, not 15,543
otherwise allowable as a deduction but that would have been 15,544
allowable as a deduction in computing federal adjusted gross 15,545
income for the taxable year, had the targeted jobs credit allowed 15,546
and determined under sections 38, 51, and 52 of the Internal 15,547
Revenue Code not been in effect. 15,548
(8) Deduct any interest or interest equivalent on public 15,550
obligations and purchase obligations to the extent included in 15,551
federal adjusted gross income. 15,552
(9) Add any loss or deduct any gain resulting from the 15,554
sale, exchange, or other disposition of public obligations to the 15,555
extent included in federal adjusted gross income. 15,556
(10) Regarding tuition credits purchased under Chapter 15,558
327
3334. of the Revised Code: 15,559
(a) Deduct the following: 15,561
(i) For credits that as of the end of the taxable year 15,564
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 15,566
amount of income related to the credits, to the extent included 15,567
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 15,570
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 15,571
the total purchase price of the tuition credits refunded over the 15,572
amount of refund, to the extent the amount of the excess was not 15,573
deducted in determining federal adjusted gross income;. 15,574
(b) Add the following: 15,576
(i) For credits that as of the end of the taxable year 15,579
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 15,580
amount of loss related to the credits, to the extent the amount 15,581
of the loss was deducted in determining federal adjusted gross 15,582
income;
(ii) For credits that during the taxable year have been 15,585
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 15,587
the amount of refund over the purchase price of each tuition 15,588
credit refunded, to the extent not included in federal adjusted 15,589
gross income.
(11) Deduct, in the case of a self-employed individual as 15,591
defined in section 401(c)(1) of the Internal Revenue Code and to 15,592
the extent not otherwise allowable as a deduction in computing 15,593
federal adjusted gross income for the taxable year, the amount 15,594
paid during the taxable year for insurance that constitutes 15,596
medical care for the taxpayer, the taxpayer's spouse, and
dependents. No deduction under division (A)(11) of this section 15,598
shall be allowed to any taxpayer who is eligible to participate 15,599
328
in any subsidized health plan maintained by any employer of the 15,600
taxpayer or of the spouse of the taxpayer. No deduction under 15,601
division (A)(11) of this section shall be allowed to the extent 15,602
that the sum of such deduction and any related deduction 15,603
allowable in computing federal adjusted gross income for the 15,604
taxable year exceeds the taxpayer's earned income, within the 15,605
meaning of section 401(c) of the Internal Revenue Code, derived 15,606
by the taxpayer from the trade or business with respect to which 15,607
the plan providing the medical coverage is established. 15,608
(12) Deduct any amount included in federal adjusted gross 15,610
income solely because the amount represents a reimbursement or 15,611
refund of expenses that in a previous year the taxpayer had 15,612
deducted as an itemized deduction pursuant to section 63 of the 15,613
Internal Revenue Code and applicable United States department of 15,615
the treasury regulations.
(13) Deduct any portion of the deduction described in 15,617
section 1341(a)(2) of the Internal Revenue Code, for repaying 15,618
previously reported income received under a claim of right, that 15,619
meets both of the following requirements: 15,620
(a) It is allowable for repayment of an item that was 15,622
included in the taxpayer's adjusted gross income for a prior 15,623
taxable year and did not qualify for a credit under division (A) 15,624
or (B) of section 5747.05 of the Revised Code for that year; 15,625
(b) It does not otherwise reduce the taxpayer's adjusted 15,627
gross income for the current or any other taxable year. 15,628
(14) Deduct an amount equal to the deposits made to, and 15,630
net investment earnings of, a medical savings account during the 15,631
taxable year, in accordance with section 3924.66 of the Revised 15,632
Code. The deduction allowed by division (A)(14) of this section 15,633
does not apply to medical savings account deposits and earnings 15,634
otherwise deducted or excluded for the current or any other 15,635
taxable year from the taxpayer's federal adjusted gross income. 15,636
(15)(a) Add an amount equal to the funds withdrawn from a 15,638
medical savings account during the taxable year, and the net 15,639
329
investment earnings on those funds, when the funds withdrawn were 15,640
used for any purpose other than to reimburse an account holder 15,641
for, or to pay, eligible medical expenses, in accordance with 15,642
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 15,644
account under division (A)(2) of section 3924.68 of the Revised 15,645
Code during the taxable year. 15,646
(16) Add any amount claimed as a credit under section 15,648
5747.059 of the Revised Code to the extent that such amount 15,649
satisfies either of the following:
(a) The amount was deducted or excluded from the 15,651
computation of the taxpayer's federal adjusted gross income as 15,652
required to be reported for the taxpayer's taxable year under the 15,653
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 15,655
federal adjusted gross income as required to be reported for any 15,656
of the taxpayer's taxable years under the Internal Revenue Code. 15,657
(17) Deduct the amount contributed by the taxpayer to an 15,659
individual development account program established by a county 15,660
department of human services pursuant to sections 329.11 to 15,661
329.14 of the Revised Code for the purpose of matching funds 15,662
deposited by program participants. On request of the tax 15,663
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 15,664
amount deducted under division (A)(17) of this section. 15,665
(18) BEGINNING IN TAXABLE YEAR 2001, IF THE TAXPAYER IS 15,667
MARRIED AND FILES A JOINT RETURN AND THE COMBINED FEDERAL 15,669
ADJUSTED GROSS INCOME OF THE TAXPAYER AND THE TAXPAYER'S SPOUSE 15,670
FOR THE TAXABLE YEAR DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS, OR IF THE TAXPAYER IS SINGLE AND HAS A FEDERAL ADJUSTED 15,672
GROSS INCOME FOR THE TAXABLE YEAR NOT EXCEEDING FIFTY THOUSAND 15,673
DOLLARS, DEDUCT AMOUNTS PAID DURING THE TAXABLE YEAR FOR 15,674
QUALIFIED TUITION AND FEES PAID TO AN ELIGIBLE INSTITUTION FOR 15,675
THE TAXPAYER, THE TAXPAYER'S SPOUSE, OR ANY DEPENDENT OF THE 15,676
330
TAXPAYER, WHO IS A RESIDENT OF THIS STATE AND IS ENROLLED IN OR 15,678
ATTENDING A PROGRAM THAT CULMINATES IN A DEGREE OR DIPLOMA AT AN 15,679
ELIGIBLE INSTITUTION. THE DEDUCTION MAY BE CLAIMED ONLY TO THE 15,680
EXTENT THAT QUALIFIED TUITION AND FEES ARE NOT OTHERWISE DEDUCTED 15,681
OR EXCLUDED FOR ANY TAXABLE YEAR FROM FEDERAL OR OHIO ADJUSTED 15,682
GROSS INCOME. THE DEDUCTION MAY NOT BE CLAIMED FOR EDUCATIONAL 15,683
EXPENSES FOR WHICH THE TAXPAYER CLAIMS A CREDIT UNDER SECTION 15,684
5747.27 OF THE REVISED CODE.
(19) ADD ANY REIMBURSEMENT RECEIVED DURING THE TAXABLE 15,686
YEAR OF ANY AMOUNT THE TAXPAYER DEDUCTED UNDER DIVISION (A)(18) 15,687
OF THIS SECTION IN ANY PREVIOUS TAXABLE YEAR TO THE EXTENT THE 15,688
AMOUNT IS NOT OTHERWISE INCLUDED IN OHIO ADJUSTED GROSS INCOME. 15,689
(B) "Business income" means income arising from 15,691
transactions, activities, and sources in the regular course of a 15,692
trade or business and includes income from tangible and 15,693
intangible property if the acquisition, rental, management, and 15,694
disposition of the property constitute integral parts of the 15,695
regular course of a trade or business operation. 15,696
(C) "Nonbusiness income" means all income other than 15,698
business income and may include, but is not limited to, 15,699
compensation, rents and royalties from real or tangible personal 15,700
property, capital gains, interest, dividends and distributions, 15,701
patent or copyright royalties, or lottery winnings, prizes, and 15,702
awards. 15,703
(D) "Compensation" means any form of remuneration paid to 15,705
an employee for personal services. 15,706
(E) "Fiduciary" means a guardian, trustee, executor, 15,708
administrator, receiver, conservator, or any other person acting 15,709
in any fiduciary capacity for any individual, trust, or estate. 15,710
(F) "Fiscal year" means an accounting period of twelve 15,712
months ending on the last day of any month other than December. 15,713
(G) "Individual" means any natural person. 15,715
(H) "Internal Revenue Code" means the "Internal Revenue 15,717
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 15,718
331
(I) "Resident" means: 15,720
(1) An individual who is domiciled in this state, subject 15,722
to section 5747.24 of the Revised Code; 15,723
(2) The estate of a decedent who at the time of death was 15,726
domiciled in this state. The domicile tests of section 5747.24 15,727
of the Revised Code and any election under section 5747.25 of the 15,728
Revised Code are not controlling for purposes of division (I)(2) 15,729
of this section.
(J) "Nonresident" means an individual or estate that is 15,731
not a resident. An individual who is a resident for only part of 15,732
a taxable year is a nonresident for the remainder of that taxable 15,733
year. 15,734
(K) "Pass-through entity" has the same meaning as in 15,736
section 5733.04 of the Revised Code. 15,737
(L) "Return" means the notifications and reports required 15,739
to be filed pursuant to this chapter for the purpose of reporting 15,740
the tax due and includes declarations of estimated tax when so 15,741
required. 15,742
(M) "Taxable year" means the calendar year or the 15,744
taxpayer's fiscal year ending during the calendar year, or 15,745
fractional part thereof, upon which the adjusted gross income is 15,746
calculated pursuant to this chapter. 15,747
(N) "Taxpayer" means any person subject to the tax imposed 15,749
by section 5747.02 of the Revised Code or any pass-through entity 15,750
that makes the election under division (D) of section 5747.08 of 15,751
the Revised Code.
(O) "Dependents" means dependents as defined in the 15,753
Internal Revenue Code and as claimed in the taxpayer's federal 15,754
income tax return for the taxable year or which the taxpayer 15,755
would have been permitted to claim had the taxpayer filed a 15,756
federal income tax return. 15,758
(P) "Principal county of employment" means, in the case of 15,760
a nonresident, the county within the state in which a taxpayer 15,761
performs services for an employer or, if those services are 15,762
332
performed in more than one county, the county in which the major 15,763
portion of the services are performed. 15,764
(Q) As used in sections 5747.50 to 5747.55 of the Revised 15,766
Code:
(1) "Subdivision" means any county, municipal corporation, 15,768
park district, or township. 15,769
(2) "Essential local government purposes" includes all 15,771
functions that any subdivision is required by general law to 15,772
exercise, including like functions that are exercised under a 15,773
charter adopted pursuant to the Ohio Constitution. 15,774
(R) "Overpayment" means any amount already paid that 15,776
exceeds the figure determined to be the correct amount of the 15,777
tax. 15,778
(S) "Taxable income" applies to estates only and means 15,780
taxable income as defined and used in the Internal Revenue Code 15,781
adjusted as follows: 15,782
(1) Add interest or dividends on obligations or securities 15,784
of any state or of any political subdivision or authority of any 15,785
state, other than this state and its subdivisions and 15,786
authorities; 15,787
(2) Add interest or dividends on obligations of any 15,789
authority, commission, instrumentality, territory, or possession 15,790
of the United States that are exempt from federal income taxes 15,791
but not from state income taxes; 15,792
(3) Add the amount of personal exemption allowed to the 15,794
estate pursuant to section 642(b) of the Internal Revenue Code; 15,795
(4) Deduct interest or dividends on obligations of the 15,797
United States and its territories and possessions or of any 15,798
authority, commission, or instrumentality of the United States 15,799
that are exempt from state taxes under the laws of the United 15,800
States; 15,801
(5) Deduct the amount of wages and salaries, if any, not 15,803
otherwise allowable as a deduction but that would have been 15,804
allowable as a deduction in computing federal taxable income for 15,805
333
the taxable year, had the targeted jobs credit allowed under 15,806
sections 38, 51, and 52 of the Internal Revenue Code not been in 15,807
effect; 15,808
(6) Deduct any interest or interest equivalent on public 15,810
obligations and purchase obligations to the extent included in 15,811
federal taxable income; 15,812
(7) Add any loss or deduct any gain resulting from sale, 15,814
exchange, or other disposition of public obligations to the 15,815
extent included in federal taxable income; 15,816
(8) Except in the case of the final return of an estate, 15,818
add any amount deducted by the taxpayer on both its Ohio estate 15,819
tax return pursuant to section 5731.14 of the Revised Code, and 15,820
on its federal income tax return in determining either federal 15,821
adjusted gross income or federal taxable income; 15,822
(9) Deduct any amount included in federal taxable income 15,824
solely because the amount represents a reimbursement or refund of 15,825
expenses that in a previous year the decedent had deducted as an 15,826
itemized deduction pursuant to section 63 of the Internal Revenue 15,827
Code and applicable treasury regulations; 15,828
(10) Deduct any portion of the deduction described in 15,830
section 1341(a)(2) of the Internal Revenue Code, for repaying 15,831
previously reported income received under a claim of right, that 15,832
meets both of the following requirements: 15,833
(a) It is allowable for repayment of an item that was 15,835
included in the taxpayer's taxable income or the decedent's 15,836
adjusted gross income for a prior taxable year and did not 15,837
qualify for a credit under division (A) or (B) of section 5747.05 15,838
of the Revised Code for that year. 15,839
(b) It does not otherwise reduce the taxpayer's taxable 15,841
income or the decedent's adjusted gross income for the current or 15,842
any other taxable year. 15,843
(11) Add any amount claimed as a credit under section 15,845
5747.059 of the Revised Code to the extent that the amount 15,846
satisfies either of the following: 15,847
334
(a) The amount was deducted or excluded from the 15,849
computation of the taxpayer's federal taxable income as required 15,850
to be reported for the taxpayer's taxable year under the Internal 15,851
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 15,853
federal taxable income as required to be reported for any of the 15,854
taxpayer's taxable years under the Internal Revenue Code. 15,855
(T) "School district income" and "school district income 15,857
tax" have the same meanings as in section 5748.01 of the Revised 15,858
Code. 15,859
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 15,861
(S)(7) of this section, "public obligations," "purchase 15,862
obligations," and "interest or interest equivalent" have the same 15,863
meanings as in section 5709.76 of the Revised Code. 15,864
(V) "Limited liability company" means any limited 15,866
liability company formed under Chapter 1705. of the Revised Code 15,867
or under the laws of any other state. 15,868
(W) "Pass-through entity investor" means any person who, 15,870
during any portion of a taxable year of a pass-through entity, is 15,871
a partner, member, shareholder, or investor in that pass-through 15,872
entity.
(X) "Banking day" has the same meaning as in section 15,874
1304.01 of the Revised Code. 15,875
(Y) "Month" means a calendar month. 15,877
(Z) "Quarter" means the first three months, the second 15,879
three months, the third three months, or the last three months of 15,880
the taxpayer's taxable year.
(AA)(1) "ELIGIBLE INSTITUTION" MEANS A STATE UNIVERSITY OR 15,882
STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 15,883
3345.011 OF THE REVISED CODE, OR A PRIVATE, NONPROFIT COLLEGE, 15,884
UNIVERSITY, OR OTHER POST-SECONDARY INSTITUTION LOCATED IN THIS 15,885
STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED BY THE 15,886
OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE REVISED
CODE OR A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD 15,887
335
OF PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE 15,888
REVISED CODE.
(2) "QUALIFIED TUITION AND FEES" MEANS TUITION AND FEES 15,890
IMPOSED BY AN ELIGIBLE INSTITUTION AS A CONDITION OF ENROLLMENT 15,891
OR ATTENDANCE, NOT EXCEEDING TWO THOUSAND FIVE HUNDRED DOLLARS IN 15,892
EACH OF THE INDIVIDUAL'S FIRST TWO YEARS OF POST-SECONDARY 15,893
EDUCATION. IF THE INDIVIDUAL IS A PART-TIME STUDENT, "QUALIFIED 15,894
TUITION AND FEES" INCLUDES TUITION AND FEES PAID FOR THE ACADEMIC
EQUIVALENT OF THE FIRST TWO YEARS OF POST-SECONDARY EDUCATION 15,895
DURING A MAXIMUM OF FIVE TAXABLE YEARS, NOT EXCEEDING A TOTAL OF 15,896
FIVE THOUSAND DOLLARS. "QUALIFIED TUITION AND FEES" DOES NOT 15,897
INCLUDE:
(a) EXPENSES FOR ANY COURSE OR ACTIVITY INVOLVING SPORTS, 15,899
GAMES, OR HOBBIES UNLESS THE COURSE OR ACTIVITY IS PART OF THE 15,900
INDIVIDUAL'S DEGREE OR DIPLOMA PROGRAM; 15,901
(b) THE COST OF BOOKS, ROOM AND BOARD, STUDENT ACTIVITY 15,903
FEES, ATHLETIC FEES, INSURANCE EXPENSES, OR OTHER EXPENSES 15,904
UNRELATED TO THE INDIVIDUAL'S ACADEMIC COURSE OF INSTRUCTION; 15,905
(c) TUITION, FEES, OR OTHER EXPENSES PAID OR REIMBURSED 15,907
THROUGH AN EMPLOYER, SCHOLARSHIP, GRANT IN AID, OR OTHER 15,908
EDUCATIONAL BENEFIT PROGRAM.
(BB) Any term used in this chapter that is not otherwise 15,910
defined in this section and that is not used in a comparable 15,912
context in the Internal Revenue Code and other statutes of the 15,913
United States relating to federal income taxes has the same 15,914
meaning as in section 5733.40 of the Revised Code. 15,915
Sec. 5910.032. (A) A war orphans scholarship, as provided 15,924
under sections 5910.01 to 5910.06 of the Revised Code, shall be 15,925
granted to the child of any person who, in the course of 15,926
honorable service in the armed services of the United States, was 15,927
declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United 15,928
States' participation in armed conflict on or after January 1, 15,930
1960, and who IF EITHER OF THE FOLLOWING APPLY: 15,931
336
(1) THE PARENT, at the time of entry into the armed 15,933
services of the United States, or at the time the person PARENT 15,935
was declared to be a prisoner of war or missing in action, was a 15,936
resident of Ohio;
(2) IF THE PARENT DID NOT ENTER THE ARMED SERVICES AS A 15,938
RESIDENT OF OHIO AND WAS NOT A RESIDENT OF OHIO WHEN DECLARED A 15,939
PRISONER OF WAR OR MISSING IN ACTION, THE CHILD HAS RESIDED IN 15,940
OHIO FOR THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE 15,941
APPLICATION FOR THE SCHOLARSHIP IS MADE AND ANY FOUR OF THE LAST 15,942
TEN YEARS. Such
THE scholarships shall be in addition to the total number 15,944
of scholarships provided under section 5910.05 of the Revised 15,945
Code. Notwithstanding section 5910.03 of the Revised Code, 15,946
scholarships provided under this section shall be made to any 15,947
such child who, at the time of application, has attained the 15,948
sixteenth, but not the twenty-first, birthday. The termination 15,950
of a child's parent or guardian's status as a prisoner of war or 15,951
being missing in action does not affect such child's eligibility
for the benefit provided by this section. 15,952
(B) Scholarships provided under this section shall consist 15,954
of either of the following: 15,955
(1) A scholarship of the type described in division (A) of 15,957
section 5910.04 of the Revised Code together with reasonable and 15,958
necessary expenses for room, board, books, and laboratory fees. 15,959
The additional amount for such expenses shall be paid from moneys 15,960
appropriated by the general assembly for such purpose. 15,961
(2) A scholarship of the type described in division (B) of 15,963
section 5910.04 of the Revised Code together with an additional 15,964
grant equal to the average value of the reasonable and necessary 15,965
expenses granted under division (B)(1) of this section during the 15,966
preceding year for room, board, books, and laboratory fees. The 15,967
additional grant shall be paid from moneys appropriated by the
general assembly for such purpose, and shall be paid to the child 15,969
through the institution in which the child is enrolled. In no 15,970
337
case shall the additional grant exceed the amount actually 15,972
expended by the child for room, board, books, and laboratory 15,973
fees.
Sec. 5919.34. (A) As used in this section: 15,982
(1) "ACADEMIC TERM" MEANS ANY ONE OF THE FOLLOWING: 15,984
(a) FALL TERM, WHICH CONSISTS OF FALL SEMESTER OR FALL 15,986
QUARTER, AS APPROPRIATE; 15,987
(b) WINTER TERM, WHICH CONSISTS OF WINTER SEMESTER, WINTER 15,989
QUARTER, OR SPRING SEMESTER, AS APPROPRIATE; 15,990
(c) SPRING TERM, WHICH CONSISTS OF SPRING QUARTER; 15,992
(d) SUMMER TERM, WHICH CONSISTS OF SUMMER SEMESTER OR 15,994
SUMMER QUARTER, AS APPROPRIATE. 15,995
(2) "Eligible applicant" means any individual to whom all 15,997
of the following apply: 15,998
(a) The individual does not possess a baccalaureate 16,000
degree;.
(b) The individual has enlisted, re-enlisted, or extended 16,003
current enlistment in the Ohio national guard;. 16,004
(c) The individual is actively enrolled as a full-time or 16,007
part-time student for at least six credit hours of course work in 16,008
a semester or quarter in a two-year or four-year degree-granting 16,009
program at an institution of higher education or in a 16,010
diploma-granting program at an institution of higher education 16,012
that is a school of nursing;. 16,013
(d) The individual has not accumulated ninety-six 16,015
eligibility units under division (E) of this section. 16,016
(2)(3) "Institution of higher education" means an Ohio 16,019
institution of higher education that is state-assisted, that is 16,020
nonprofit and has received a certificate of authorization from 16,021
the Ohio board of regents pursuant to Chapter 1713. of the 16,023
Revised Code, or that holds a certificate of registration and 16,026
program authorization issued by the state board of proprietary 16,027
school registration pursuant to section 3332.05 of the Revised 16,028
Code. 16,029
338
(3)(4) "State university" has the same meaning as in 16,031
section 3345.011 of the Revised Code. 16,033
(B)(1) There is hereby created an instructional grant A 16,037
SCHOLARSHIP program to be known as the Ohio national guard 16,039
tuition grant SCHOLARSHIP program. The FOR THE FISCAL YEAR 2000, 16,040
THE number of participants in the program FOR THE FALL TERM IS 16,045
LIMITED TO THE EQUIVALENT OF TWO THOUSAND FIVE HUNDRED FULL-TIME
PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE 16,047
WINTER TERM IS LIMITED TO THE EQUIVALENT OF TWO THOUSAND FIVE 16,048
HUNDRED FULL-TIME PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE 16,049
PROGRAM FOR THE SPRING TERM IS LIMITED TO THE EQUIVALENT OF ONE 16,051
THOUSAND SIX HUNDRED SEVENTY-FIVE FULL-TIME PARTICIPANTS; AND THE 16,052
NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM IS 16,053
LIMITED TO THE EQUIVALENT OF SIX HUNDRED FULL-TIME PARTICIPANTS. 16,054
EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION FOR THE 16,056
FISCAL YEAR 2001 AND SUCCEEDING FISCAL YEARS, THE NUMBER OF 16,057
PARTICIPANTS IN THE PROGRAM FOR THE FALL TERM IS LIMITED TO THE 16,058
EQUIVALENT OF THREE THOUSAND FIVE HUNDRED FULL-TIME PARTICIPANTS; 16,059
THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE WINTER TERM IS 16,060
LIMITED TO THE EQUIVALENT OF THREE THOUSAND FIVE HUNDRED 16,062
FULL-TIME PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE PROGRAM 16,064
FOR THE SPRING TERM IS LIMITED TO THE EQUIVALENT OF TWO THOUSAND
THREE HUNDRED FORTY-FIVE FULL-TIME PARTICIPANTS; AND THE NUMBER 16,065
OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM is limited to 16,068
four thousand per academic term THE EQUIVALENT OF EIGHT HUNDRED 16,069
FULL-TIME PARTICIPANTS. 16,070
(2) AFTER THE APPLICATION DEADLINE FOR ANY ACADEMIC TERM 16,072
IN FISCAL YEAR 2001, THE ADJUTANT GENERAL MAY REQUEST THE 16,073
CONTROLLING BOARD, IF SUFFICIENT APPROPRIATED FUNDS ARE 16,074
AVAILABLE, TO APPROVE THE FOLLOWING NUMBER OF ADDITIONAL 16,075
PARTICIPANTS FOR THAT TERM:
(a) FOR THE FALL OR WINTER ACADEMIC TERM, UP TO THE 16,077
EQUIVALENT OF FIVE HUNDRED ADDITIONAL FULL-TIME PARTICIPANTS; 16,079
(b) FOR THE SPRING ACADEMIC TERM, UP TO THE EQUIVALENT OF 16,081
339
THREE HUNDRED SEVENTY-FIVE ADDITIONAL FULL-TIME PARTICIPANTS; 16,083
(c) FOR THE SUMMER ACADEMIC TERM, UP TO THE EQUIVALENT OF 16,085
ONE HUNDRED TWENTY-FIVE ADDITIONAL FULL-TIME PARTICIPANTS. 16,086
(C) If the adjutant general estimates that appropriations 16,088
for all instructional grants SCHOLARSHIPS applied for under this 16,089
section and likely to be used during a AN ACADEMIC term are 16,091
inadequate for all eligible applicants for that ACADEMIC term to 16,093
receive grants SCHOLARSHIPS, the adjutant general shall promptly 16,096
inform all applicants not receiving grants SCHOLARSHIPS for that 16,098
ACADEMIC term of the next ACADEMIC term that appropriations will 16,099
be adequate for the grants SCHOLARSHIPS. Any such eligible 16,100
applicant may again apply for grants A SCHOLARSHIP beginning that 16,102
ACADEMIC term if the applicant is in compliance with all 16,103
requirements established by this section and the adjutant general 16,104
for the program. The adjutant general shall process all 16,106
applications for instructional grants SCHOLARSHIPS for each 16,107
ACADEMIC term in the order in which they are received. The 16,110
grants SCHOLARSHIPS shall be made without regard to financial 16,111
need. At no time shall one person be placed in priority over 16,112
another because of sex, race, or religion. 16,113
(D) For EXCEPT AS PROVIDED IN DIVISION (H) OF THIS 16,115
SECTION, FOR each ACADEMIC term that an eligible applicant is 16,116
approved for an instructional grant A SCHOLARSHIP under this 16,119
section and remains a current member in good standing of the Ohio 16,121
national guard, the institution of higher education in which the 16,122
applicant is enrolled shall, if the applicant's enlistment 16,124
obligation extends beyond the end of that ACADEMIC term, be paid 16,125
on the applicant's behalf the applicable one of the following 16,126
amounts:
(1) If the institution is state-assisted, an amount equal 16,128
to sixty ONE HUNDRED per cent of the institution's tuition 16,131
charges; 16,132
(2) If the institution is a nonprofit private institution, 16,134
an amount equal to sixty ONE HUNDRED per cent of the average 16,135
340
tuition charges of all state universities; 16,136
(3) If the institution is an institution that holds a 16,138
certificate of registration from the state board of proprietary 16,139
school registration, the lesser of the following: 16,140
(a) An amount equal to sixty ONE HUNDRED per cent of the 16,143
total instructional and general charges of the institution;
(b) An amount equal to sixty ONE HUNDRED per cent of the 16,145
average tuition charges of all state universities. 16,146
(4) AN ELIGIBLE APPLICANT'S SCHOLARSHIP SHALL NOT BE 16,148
REDUCED BY THE AMOUNT OF THAT APPLICANT'S BENEFITS UNDER "THE 16,149
MONTGOMERY G.I. BILL ACT OF 1984," PUB. L. NO. 98-525, 98 STAT. 16,155
2553 (1984). 16,156
(E) A grant SCHOLARSHIP recipient under this section shall 16,158
be entitled to receive instructional grants SCHOLARSHIPS under 16,159
this section for the number of quarters or semesters it takes the 16,161
recipient to accumulate ninety-six eligibility units as 16,163
determined under divisions (E)(1) to (3) of this section.
(1) To determine the maximum number of semesters or 16,166
quarters for which a recipient is entitled to grants A 16,167
SCHOLARSHIP under this section, the adjutant general shall 16,168
convert a recipient's credit hours of enrollment for each 16,169
ACADEMIC term into eligibility units in accordance with the 16,170
following table:
Number of The The 16,178
credit following following
hours of number of number of
enrollment eligibility eligibility
in a AN units if units if 16,179
ACADEMIC a a quarter
term equals semester or
16,179
12 or more hours 12 units 8 units 16,184
9 but less than 12 9 units 6 units 16,185
6 but less than 9 6 units 4 units 16,186
341
(2) A grant SCHOLARSHIP recipient under this section may 16,189
continue to apply for grants SCHOLARSHIPS under this section 16,191
until the recipient has accumulated ninety-six eligibility units. 16,193
(3) If a grant SCHOLARSHIP recipient withdraws from 16,195
courses prior to the end of a AN ACADEMIC term so that the 16,197
recipient's enrollment for that ACADEMIC term is less than six 16,199
credit hours, no grant SCHOLARSHIP shall be paid on behalf of 16,201
that person for that ACADEMIC term except that, if a grant 16,202
SCHOLARSHIP has already been paid on behalf of the person for 16,203
that ACADEMIC term, the adjutant general shall add to that 16,204
person's accumulated eligibility units the number of eligibility 16,205
units for which the grant SCHOLARSHIP was paid. 16,206
(F) A grant SCHOLARSHIP recipient under this section who 16,209
fails to complete the term of enlistment, re-enlistment, or 16,210
extension of current enlistment the recipient was serving at the 16,211
time an instructional grant A SCHOLARSHIP was paid on behalf of 16,212
the recipient under this section is liable to the state for 16,214
repayment of a percentage of all instructional grants OHIO 16,215
NATIONAL GUARD SCHOLARSHIPS paid on behalf of the recipient under 16,217
this section, plus interest at the rate of ten per cent per annum 16,219
calculated from the dates the grants SCHOLARSHIPS were paid. 16,220
This percentage shall equal the percentage of the current term of 16,222
enlistment, re-enlistment, or extension of enlistment a recipient 16,223
has not completed as of the date the recipient is discharged from 16,224
the Ohio national guard. 16,225
The attorney general may commence a civil action on behalf 16,227
of the adjutant general to recover the amount of the grants 16,228
SCHOLARSHIPS and the interest provided for in this division and 16,230
the expenses incurred in prosecuting the action, including court 16,232
costs and reasonable attorney's fees. A grant SCHOLARSHIP 16,234
recipient is not liable under this division if the recipient's 16,235
failure to complete the term of enlistment being served at the 16,237
time an instructional grant A SCHOLARSHIP was paid on behalf of 16,239
the recipient under this section is due to the recipient's death; 16,240
342
discharge from the national guard due to disability; or the 16,242
recipient's enlistment, for a term not less than the recipient's 16,243
remaining term in the national guard, in the active COMPONENT OF 16,245
THE UNITED STATES ARMED FORCES or THE ACTIVE reserve forces 16,246
COMPONENT of the United States armed forces. 16,247
(G) On or before the first day of each ACADEMIC term, the 16,249
adjutant general shall provide an eligibility roster to each 16,250
institution of higher education at which one or more 16,251
instructional grant SCHOLARSHIP recipients have applied for 16,253
enrollment. The institution shall use the roster to certify the 16,255
actual full-time or part-time enrollment of each instructional 16,257
grant SCHOLARSHIP recipient listed as enrolled at the institution 16,260
and return the roster to the adjutant general within thirty days 16,261
after the first day of the ACADEMIC term. Within thirty days 16,263
after the adjutant general receives all the rosters, he THE 16,265
ADJUTANT GENERAL SHALL REPORT TO THE OHIO BOARD OF REGENTS THE 16,266
NUMBER OF STUDENTS IN THE OHIO NATIONAL GUARD SCHOLARSHIP PROGRAM 16,267
AT EACH INSTITUTION OF HIGHER EDUCATION. THE OHIO BOARD OF 16,268
REGENTS SHALL PROVIDE FOR PAYMENT OF THE APPROPRIATE NUMBER AND 16,269
AMOUNT OF SCHOLARSHIPS TO EACH INSTITUTION OF HIGHER EDUCATION 16,270
PURSUANT TO DIVISION (D) OF THIS SECTION. THE ADJUTANT GENERAL 16,271
shall report ON A QUARTERLY BASIS to the director of budget and 16,272
management, the speaker of the house of representatives, and the 16,273
president of the senate the number of students in the tuition 16,274
grant program OHIO NATIONAL GUARD SCHOLARSHIP RECIPIENTS and a 16,275
projection of the cost of the program for the remainder of the 16,277
biennium.
(H) THE CHANCELLOR OF THE OHIO BOARD OF REGENTS AND THE 16,280
ADJUTANT GENERAL MAY ADOPT RULES PURSUANT TO CHAPTER 119. OF THE
REVISED CODE GOVERNING THE ADMINISTRATION AND FISCAL MANAGEMENT 16,281
OF THE OHIO NATIONAL GAURD SCHOLARSHIP PROGRAM AND THE PROCEDURE 16,282
BY WHICH THE OHIO BOARD OF REGENTS AND THE DEPARTMENT OF THE 16,283
ADJUTANT GENERAL MAY MODIFY THE AMOUNT OF SCHOLARSHIPS A MEMBER 16,284
RECEIVES BASED ON THE AMOUNT OTHER STATE FINANCIAL AID A MEMBER 16,285
343
RECIVES.
(I) NOTWITHSTANDING DIVISION (A) OF SECTION 127.14 OF 16,287
THE REVISED CODE, THE CONTROLLING BOARD SHALL NOT TRANSFER ALL OR
PART OF ANY APPROPRIATION FOR THE OHIO NATIONAL GUARD SCHOLARSHIP 16,288
PROGRAM.
Section 2. That existing sections 9.90, 109.57, 125.05, 16,290
125.13, 1111.01, 3301.011, 3301.0711, 3301.0714, 3301.17, 16,292
3301.171, 3301.80, 3301.801, 3301.86, 3301.87, 3301.88, 3301.91, 16,293
3302.01, 3302.02, 3302.03, 3302.04, 3302.07, 3311.19, 3311.213, 16,295
3311.24, 3313.376, 3313.603, 3313.608, 3313.61, 3313.611, 16,298
3313.612, 3313.613, 3313.981, 3314.02, 3314.03, 3314.05, 3314.06, 16,299
3314.08, 3314.09, 3314.11, 3314.12, 3314.13, 3315.17, 3316.05, 16,300
3316.06, 3317.01, 3317.02, 3317.022, 3317.023, 3317.024, 16,301
3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.033, 16,302
3317.05, 3317.051, 3317.11, 3317.162, 3317.19, 3317.51, 3318.01, 16,303
3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 3318.13, 16,305
3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 3318.25, 16,306
3318.26, 3318.29, 3318.31, 3318.35, 3319.22, 3319.235, 3332.05, 16,307
3332.07, 3332.084, 3332.085, 3333.04, 3333.12, 3333.27, 3345.22,
3365.01, 3365.02, 3365.03, 3365.041, 3365.05, 3365.07, 3365.09, 16,308
3770.01, 3770.06, 4117.101, 5126.12, 5126.16, 5705.29, 5705.412, 16,310
5747.01, 5910.032, and 5919.34 and sections 3313.21, 3313.974, 16,311
3313.975, 3313.976, 3313.977, 3313.978, 3313.979, 3317.0214, 16,312
3317.053, 3317.16, 3318.23, 3318.24, and 3318.27 of the Revised 16,313
Code are hereby repealed.
Section 3. Except as otherwise provided, all appropriation 16,315
line items (ALI) in this act are hereby appropriated out of any 16,316
moneys in the state treasury to the credit of the designated 16,317
fund, which are not otherwise appropriated. For all 16,318
appropriations made in this act, those amounts in the first 16,319
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 16,320
FND ALI ALI TITLE FY 2000 FY 2001 16,321
Section 4. EDU DEPARTMENT OF EDUCATION 16,324
344
General Revenue Fund 16,326
GRF 200-100 Personal Services $ 12,190,600 $ 12,265,000 16,331
GRF 200-320 Maintenance and 16,333
Equipment $ 8,961,654 $ 5,293,979 16,335
GRF 200-406 Head Start $ 96,992,016 $ 100,843,825 16,339
GRF 200-408 Public Preschool $ 19,066,606 $ 19,506,205 16,343
GRF 200-410 Professional 16,345
Development $ 27,293,834 $ 28,568,834 16,347
GRF 200-411 Family and Children 16,349
First $ 10,642,188 $ 10,642,188 16,351
GRF 200-416 Vocational Education 16,353
Match $ 2,325,916 $ 2,381,738 16,355
GRF 200-420 Technical Systems 16,357
Development $ 4,950,000 $ 3,850,000 16,359
GRF 200-422 School Management 16,361
Assistance $ 1,387,186 $ 1,440,836 16,363
GRF 200-424 Policy Analysis $ 505,354 $ 637,655 16,367
GRF 200-426 Ohio Educational 16,369
Computer Network $ 25,089,772 $ 37,004,086 16,371
GRF 200-431 School Improvement 16,373
Models $ 26,900,000 $ 26,775,000 16,375
GRF 200-432 School Conflict 16,377
Management $ 611,645 $ 621,524 16,379
GRF 200-437 Student Proficiency $ 16,097,983 $ 15,692,045 16,383
GRF 200-441 American Sign 16,385
Language $ 231,449 $ 237,003 16,387
GRF 200-442 Child Care Licensing $ 1,477,003 $ 1,518,359 16,391
GRF 200-445 OhioReads 16,393
Admin/Volunteer
Support $ 5,000,000 $ 5,000,000 16,395
GRF 200-446 Education Management 16,397
Information System $ 13,799,674 $ 12,649,674 16,399
GRF 200-447 GED Testing/Adult 16,401
High School $ 2,033,187 $ 2,081,983 16,403
345
GRF 200-455 Community Schools $ 3,500,000 $ 3,500,000 16,407
GRF 200-500 School Finance Equity $ 47,608,196 $ 33,756,194 16,411
GRF 200-501 Base Cost Funding $3,469,673,294 $3,794,843,963 16,415
GRF 200-502 Pupil Transportation $ 266,080,719 $ 291,182,101 16,419
GRF 200-503 Bus Purchase 16,421
Allowance $ 38,132,291 $ 39,047,466 16,423
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 16,427
GRF 200-509 Adult Literacy 16,429
Education $ 9,361,964 $ 9,586,651 16,431
GRF 200-511 Auxiliary Services $ 110,255,190 $ 118,083,309 16,435
GRF 200-513 Summer Intervention $ 15,500,000 $ 15,500,000 16,439
GRF 200-514 Post-Secondary/Adult 16,441
Vocational Education $ 21,254,866 $ 23,230,243 16,443
GRF 200-520 Disadvantaged Pupil 16,445
Impact Aid $ 390,708,953 $ 390,708,953 16,447
GRF 200-521 Gifted Pupil Program $ 41,923,505 $ 44,060,601 16,451
GRF 200-524 Educational 16,453
Excellence and
Competency $ 13,548,666 $ 11,934,667 16,455
GRF 200-532 Nonpublic 16,457
Administrative Cost
Reimbursement $ 48,062,292 $ 51,474,714 16,459
GRF 200-533 School-Age Child Care $ 1,070,720 $ 1,096,417 16,463
GRF 200-534 Desegregation Costs $ 12,000,000 $ 11,700,000 16,467
GRF 200-540 Special Education 16,469
Enhancements $ 127,842,848 $ 139,220,164 16,471
GRF 200-545 Vocational Education 16,473
Enhancements $ 30,793,259 $ 32,662,107 16,475
GRF 200-546 Charge-Off Supplement $ 10,000,000 $ 14,000,000 16,479
GRF 200-547 Power Equalization $ 21,900,000 $ 34,700,000 16,483
GRF 200-551 Reading Improvement $ 1,704,454 $ 1,745,361 16,487
GRF 200-552 County MR/DD Boards 16,489
Vehicle Purchases $ 1,627,152 $ 1,666,204 16,491
346
GRF 200-553 County MR/DD Boards 16,493
Transportation
Operating $ 8,326,400 $ 9,575,910 16,495
GRF 200-558 Emergency Loan 16,497
Interest Subsidy $ 6,940,447 $ 5,470,150 16,499
GRF 200-566 OhioReads Grants $ 25,000,000 $ 25,000,000 16,503
GRF 200-570 School Improvement 16,505
Incentive Grants $ 10,000,000 $ 10,000,000 16,507
GRF 200-572 Teacher Incentive 16,509
Grants $ 5,000,000 $ 0 16,511
GRF 200-573 Character Education $ 1,050,000 $ 1,050,000 16,515
GRF 200-574 Substance Abuse 16,517
Prevention $ 2,300,000 $ 2,420,000 16,519
GRF 200-575 12th Grade 16,521
Proficiency Stipend $ 17,500,000 $ 17,500,000 16,523
GRF 200-580 River Valley School 16,525
Environmental Issues $ 350,000 $ 0 16,527
GRF 200-901 Property Tax 16,529
Allocation -
Education $ 636,200,000 $ 673,960,000 16,531
GRF 200-906 Tangible Tax 16,533
Exemption - Education $ 69,000,000 $ 71,000,000 16,535
TOTAL GRF General Revenue Fund $5,749,221,283 $6,176,135,110 16,538
General Services Fund Group 16,541
138 200-606 Computer Services $ 4,255,067 $ 4,374,209 16,546
4D1 200-602 Ohio 16,548
Prevention/Education
Resource Center $ 310,000 $ 325,000 16,550
4L2 200-681 Teacher Certification 16,552
and Licensure $ 3,774,544 $ 3,880,232 16,554
452 200-638 Miscellaneous Revenue $ 1,045,000 $ 1,045,000 16,558
5H3 200-687 School District 16,560
Solvency Assistance $ 30,000,000 $ 30,000,000 16,562
347
596 200-656 Ohio Career 16,564
Information System $ 699,399 $ 718,084 16,566
TOTAL GSF General Services 16,567
Fund Group $ 40,084,010 $ 40,342,525 16,570
Federal Special Revenue Fund Group 16,573
309 200-601 Educationally 16,576
Disadvantaged $ 14,444,213 $ 14,872,241 16,578
366 200-604 Adult Basic Education $ 14,901,137 $ 14,901,137 16,581
3H9 200-605 Head Start 16,583
Collaboration Project $ 250,000 $ 250,000 16,585
367 200-607 School Food Services $ 9,492,000 $ 9,783,000 16,589
3T4 200-613 Public Charter 16,591
Schools $ 3,157,895 $ 4,725,000 16,593
368 200-614 Veterans' Training $ 609,517 $ 626,584 16,597
369 200-616 Vocational Education $ 7,500,000 $ 8,000,000 16,601
3L6 200-617 Federal School Lunch $ 163,500,000 $ 170,500,000 16,605
3L7 200-618 Federal School 16,607
Breakfast $ 40,500,000 $ 44,500,000 16,609
3L8 200-619 Child and Adult Care 16,611
Programs $ 58,600,000 $ 58,600,000 16,613
3L9 200-621 Vocational Education 16,615
Basic Grant $ 55,583,418 $ 57,139,754 16,617
3M0 200-623 ESEA Chapter One $ 375,633,666 $ 394,415,350 16,621
370 200-624 Education of All 16,623
Handicapped Children $ 1,594,949 $ 1,320,000 16,625
3T5 200-625 Coordinated School 16,627
Health $ 536,437 $ 536,437 16,629
3N7 200-627 School-to-Work $ 13,864,500 $ 14,252,706 16,633
371 200-631 EEO Title IV $ 488,052 $ 508,917 16,637
374 200-647 E.S.E.A. Consolidated 16,639
Grants $ 107,096 $ 110,094 16,641
376 200-653 J.T.P.A. $ 5,123,365 $ 5,266,819 16,645
3R3 200-654 Goals 2000 $ 19,453,001 $ 20,425,651 16,649
348
378 200-660 Math/Science 16,651
Technology
Investments $ 11,686,926 $ 12,271,272 16,653
3C5 200-661 Federal Dependent 16,655
Care Programs $ 17,996,709 $ 17,996,709 16,657
3D1 200-664 Drug Free Schools $ 20,026,500 $ 20,587,242 16,661
3D2 200-667 Honors Scholarship 16,663
Program $ 1,976,400 $ 2,371,680 16,665
3E2 200-668 AIDS Education 16,667
Project $ 620,774 $ 620,774 16,669
3S7 200-673 Child Care School Age $ 5,135,000 $ 5,278,000 16,673
3M1 200-678 ESEA Chapter Two $ 61,901,429 $ 16,591,501 16,677
3M2 200-680 Ind W/Disab Education 16,679
Act $ 143,000,000 $ 162,000,000 16,681
3P9 200-686 SRRC/FRC Evaluation 16,683
Project $ 51,350 $ 52,788 16,685
TOTAL FED Federal Special 16,686
Revenue Fund Group $1,047,734,334 $1,058,503,656 16,689
State Special Revenue Fund Group 16,692
4M4 200-637 Emergency Service 16,695
Telecommunication
Training $ 762,548 $ 783,899 16,697
4R7 200-695 Indirect Cost 16,699
Recovery $ 2,868,561 $ 2,948,881 16,701
4V7 200-633 Interagency 16,703
Vocational Support $ 645,359 $ 663,429 16,705
454 200-610 Guidance and Testing $ 503,912 $ 516,484 16,709
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 16,713
5B1 200-651 Child Nutrition 16,715
Services $ 2,500,000 $ 2,500,000 16,717
598 200-659 Auxiliary Services 16,719
Mobile Units $ 1,292,714 $ 1,328,910 16,721
620 200-615 Educational Grants $ 1,500,000 $ 1,500,000 16,725
TOTAL SSR State Special Revenue 16,726
349
Fund Group $ 18,073,094 $ 18,241,603 16,729
Lottery Profits Education Fund Group 16,732
017 200-612 Base Cost Funding $ 656,247,000 $ 660,467,000 16,737
017 200-682 Lease Rental Payment 16,739
Reimbursement $ 29,753,000 $ 29,733,000 16,741
TOTAL LPE Lottery Profits 16,742
Education Fund Group $ 686,000,000 $ 690,200,000 16,745
TOTAL ALL BUDGET FUND GROUPS $7,541,112,721 $7,983,422,894 16,748
Section 4.01. Personal Services 16,751
Of the foregoing appropriation item 200-100, Personal 16,753
Services, $120,000 in each fiscal year shall be used to support 16,754
the salary and fringe benefits of a teacher in residence and 16,755
support staff at the Governor's Office.
Of the foregoing appropriation item 200-100, Personal 16,757
Services, up to $250,000 in fiscal year 2000 shall be used by the 16,758
Department of Education to contract with an independent 16,759
researcher to conduct a study of the educational and fiscal 16,760
benefits of sharing services, programs, and facilities in school
districts that are declared to be in a state of academic 16,761
emergency under division (B) of section 3302.03 of the Revised 16,762
Code or declared to be in a state of fiscal emergency under 16,763
section 3316.03 of the Revised Code. The study shall pay 16,764
particular attention to the academic benefits of school district 16,765
sharing services and shall examine the feasibility of joint use
of facilities and joint provision of programs by school 16,766
districts. The department shall submit the completed study to 16,767
the General Assembly and the Governor by December 31, 1999. 16,768
Maintenance and Equipment 16,770
Of the foregoing appropriation item 200-320, Maintenance 16,772
and Equipment, up to $25,000 may be expended in each year of the 16,773
biennium for State Board of Education out-of-state travel. 16,774
Of the foregoing appropriation item 200-320, Maintenance 16,776
and Equipment, $4,000,000 in fiscal year 2000 shall be reserved 16,777
to fund expenses associated with the Department of Education's 16,778
350
move from the Ohio Departments Building. The unencumbered 16,779
balance of the appropriation at the end of fiscal year 2000 is 16,780
hereby transferred to fiscal year 2001 to pay the cost of the
move of the Department of Education from the Ohio Departments 16,781
Building.
Of the foregoing appropriation item 200-320, Maintenance 16,783
and Equipment, $30,000 in each fiscal year shall be used to fund 16,784
the travel expenses and administrative overhead of the Teacher in 16,785
Residence and support staff at the Governor's Office. 16,786
Of the foregoing appropriation item 200-320, Maintenance 16,788
and Equipment, up to $17,675 in fiscal year 2000 shall be used to 16,789
fund the acquisition and shipping costs associated with providing 16,790
one copy of the book "Letters Home: The Letters of the Ohio 16,791
Veterans Plaza," and a videotape of the dedication of the Ohio 16,792
Veterans Plaza to each public high school library in the state.
Of the foregoing appropriation item 200-320, Maintenance 16,794
and Equipment, up to $350,000 in fiscal year 2001 shall be 16,795
reserved for the expenses of the Auditor of State, if necessary, 16,796
subject to approval of the Controlling Board.
Section 4.02. Head Start 16,798
The foregoing appropriation item 200-406, Head Start, shall 16,800
be distributed by the Department of Education to Head Start 16,801
agencies. A "Head Start agency" means an entity that has been 16,802
approved to be an agency in accordance with Section 641 (42 16,804
U.S.C. 9836) of the Head Start Act and amendments thereto, or an 16,805
entity designated for state Head Start funding under this 16,807
section. Participation in state funded Head Start programs is
voluntary.
Moneys distributed under this heading shall not be used to 16,809
reduce expenditures from funds received by a Head Start agency 16,810
from any other sources. Section 3301.31 of the Revised Code does 16,811
not apply to funds distributed under this heading. In lieu of 16,812
section 3301.31 of the Revised Code, distribution of moneys under 16,813
this heading shall be as follows:
351
(A) In fiscal years 2000 and 2001, up to two per cent of 16,815
the appropriation may be used by the department for 16,816
administrative costs of complying with this section; developing 16,817
program capacity; and assisting programs with facilities 16,819
planning, construction, renovation, or lease agreements in
combination with the Community Development Finance Fund (CDFF). 16,820
Up to $3,000,000 in fiscal year 2000 and $1,500,000 in fiscal 16,821
year 2001 may be used for training in early literacy for Head 16,822
Start classroom teachers and administrators to support the 16,823
OhioReads Initiative.
(B) The department shall provide an annual report to the 16,825
Governor, the Speaker of the House of Representatives, the 16,826
President of the Senate, the State Board of Education, Head Start 16,827
grantees, and other interested parties. The report shall include 16,828
the following:
(1) The number and per cent of eligible children by county 16,830
and by grantee;
(2) The amount of state funds requested for continuation 16,832
per grantee; 16,833
(3) The amount of state funds received for continuation 16,835
per grantee; 16,836
(4) A summary of program performance on the state critical 16,838
performance indicators; 16,839
(5) A summary of developmental progress of children 16,841
participating in the state funded Head Start program; 16,842
(6) Any other data reflecting the performance of Head 16,844
Start that the department considers pertinent. 16,845
(C) For purposes of this section, "eligible child" means a 16,847
child who is at least three years of age and not of compulsory 16,848
school age whose family earns no more than 100 per cent of the 16,849
federal poverty level, except as otherwise provided in this 16,850
division.
The Department of Education, in consultation with Head 16,852
Start grantees or their designated representatives, shall 16,853
352
establish criteria under which individual Head Start grantees may 16,854
apply to the department for a waiver to include as "eligible 16,855
children" those children from families earning up to 125 per cent 16,856
of the federal poverty level when the children otherwise qualify 16,857
as "eligible children" under this division. 16,858
The Department of Education, in consultation with the 16,860
Department of Human Services, interested parties, and Head Start 16,861
agencies shall formulate a method for determining an estimate of 16,862
the number of eligible children and the per cent served by 16,863
grantee(s) in each county.
(D) After setting aside amounts to make any payments due 16,865
from the prior fiscal year, in fiscal years 2000 and 2001, funds 16,866
shall first be distributed to recipients of Head Start funds 16,868
during the preceding fiscal year. Awards under this division may 16,870
be reduced by the amount received in that year for one-time
start-up costs and may be adjusted for actual months of program 16,871
operation or enrollment as reported during the first full week of 16,872
December, and may be increased by a reasonable percentage for 16,873
inflation to be determined by the Department of Education and in 16,874
accordance with this section. The department may redistribute 16,875
dollars to programs demonstrating an unmet need based on updated 16,876
assessments of family needs and community resources, with special 16,877
attention to the projected impact of welfare reform. In fiscal
years 2000 and 2001, the department may authorize recipients to 16,878
carry over funds to the subsequent fiscal year. 16,879
The department may reallocate unobligated or unspent money 16,881
to participating Head Start agencies for purposes of program 16,882
expansion, improvement, or special projects to promote excellence 16,883
and innovation.
(E) Costs for developing and administering a Head Start 16,885
program may not exceed fifteen per cent of the total approved 16,886
costs of the program.
All recipients of funds shall maintain such fiscal control 16,888
and accounting procedures as may be necessary to ensure the 16,889
353
disbursement of, and accounting for, these funds. The control of 16,890
funds provided in this program, and title to property obtained 16,891
therefrom, shall be under the authority of the approved recipient 16,892
for purposes provided in the program. The approved recipient 16,893
shall administer and use such property and funds for the purposes 16,894
specified. 16,895
Each recipient shall furnish the department an annual audit 16,897
that includes the review of state funds received under this 16,898
section.
(F) The department shall prescribe target levels for 16,902
critical performance indicators for the purpose of assessing Head 16,903
Start programs. On-site reviews and follow-up visits shall be
based on grantee progress in meeting the prescribed target 16,904
levels.
The department may audit a Head Start agency's financial 16,906
and program records. Head Start agencies that have financial 16,907
practices not in accordance with standard accounting principles, 16,908
that fail to substantially meet the Head Start performance 16,909
standards, or that exhibit below-average performance shall be 16,910
subject to an on-site review. 16,911
The department shall require corrective plans of action for 16,913
programs not achieving target levels or financial and program 16,914
standards. Action plans shall include activities to be conducted 16,916
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department 16,917
demonstrating targets have been met. The Policy Council 16,918
chairperson and the appropriate grantee board official shall sign 16,919
the corrective plans of action.
Programs not meeting performance targets in accordance with 16,922
the plan of action and prescribed timelines may have their
continuation funding reduced, be disqualified for expansion 16,923
consideration until targets are met, or have all state funds 16,924
withdrawn and a new grantee established.
The department shall require school districts to collect 16,926
354
"preschool" information by program type. All data shall be 16,927
reported via the Education Management Information System (EMIS). 16,928
(G) The department shall require Head Start grantees to 16,930
document child progress, using a common instrument prescribed by 16,931
the department, and report results annually. The department 16,932
shall determine the dates for documenting and reporting. 16,933
The State Board of Education shall adopt rules addressing 16,935
the use of screening and assessment data, including, but not 16,936
limited to, all the following: 16,937
(1) Protection of the identity of individual children 16,939
through assignment of a unique but not personally identifiable 16,940
code;
(2) Parents' rights; 16,942
(3) Use of the data by school personnel as it relates to 16,944
kindergarten entrance. 16,945
(H) New agencies may be designated for state Head Start 16,947
funding if a Head Start agency voluntarily waives its right for 16,948
funding or is de-funded based on performance. 16,949
When such a condition exists, the department shall conduct 16,951
a competitive bidding process to select a new agency to provide 16,952
state funded continuation and/or expansion services. The bidding 16,953
process shall include notices of competitive bidding mailed to 16,954
delegate agencies in the affected area and to newspapers in the 16,955
Head Start service area.
Section 3313.646 of the Revised Code does not apply to 16,957
funds distributed under this section. 16,958
(I) It is the intent of the General Assembly that 16,960
appropriations for appropriation items 200-406, Head Start, and 16,961
200-408, Public Preschool, be available for transfer between Head 16,962
Start and public preschool programs so that unallocated funds may 16,963
be used between the two programs. 16,964
Section 4.03. Public Preschool 16,966
The Department of Education shall distribute the foregoing 16,968
appropriation item 200-408, Public Preschool, to pay the costs of 16,970
355
comprehensive preschool programs. As used in this section, 16,971
"school district" means a city, local, exempted village, or joint 16,972
vocational school district, or an educational service center. 16,974
(A) In fiscal years 2000 and 2001, up to two per cent of 16,976
the total appropriation may be used by the department for 16,977
administrative costs of complying with this section; developing 16,978
program capacity; and assisting programs with facilities 16,980
planning, construction, renovation, or lease agreements in 16,981
conjunction with the Community Development Finance Fund (CDFF).
(B) The department shall provide an annual report to the 16,984
Governor, the Speaker of the House of Representatives, the 16,985
President of the Senate, the State Board of Education, Head Start 16,986
grantees, and other interested parties. The report shall 16,987
include: 16,988
(1) The number and per cent of eligible children by county 16,990
and by school district; 16,991
(2) The amount of state funds requested for continuation 16,993
per school district;
(3) The amount of state funds received for continuation 16,995
per school district;
(4) A summary of program performance on the state critical 16,997
performance indicators in the public preschool program; 16,998
(5) A summary of developmental progress of children 17,000
participating in the state funded public preschool program; 17,001
(6) Any other data reflecting the performance of public 17,003
preschool programs that the department considers pertinent. 17,005
(C) For purposes of this section "eligible child" means a 17,007
child who is at least three years of age whose family earns no 17,009
more than 185 per cent of the federal poverty level.
The Department of Education, in consultation with the 17,011
Department of Human Services, interested parties, and Head Start 17,012
agencies shall formulate a method for determining an estimate of 17,013
the number of eligible children and the percentage served by 17,014
grantees in each county. 17,015
356
(D) After setting aside amounts to make any payments due 17,017
from the prior fiscal year, in fiscal years 2000 and 2001, funds 17,019
shall first be distributed to recipients of funds during the 17,021
preceding fiscal year. Awards under this division may be reduced 17,022
by the amount received in that fiscal year for one-time start-up 17,023
costs and may be adjusted for actual months of program operation 17,024
or enrollment as reported during the first full week of December, 17,025
and may be increased by a reasonable percentage to be determined 17,026
by the Department of Education. The department may redistribute 17,027
dollars to programs demonstrating an unmet need based on updated 17,028
assessments of family needs and community resources, with special 17,029
attention to the projected impact of welfare reform. In fiscal 17,030
years 2000 and 2001, the department may authorize recipients to 17,032
carry over funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money 17,034
to participating school districts for purposes of program 17,035
expansion, improvement, or special projects to promote excellence 17,036
and innovation. 17,037
(E) Costs for developing and administering a preschool 17,039
program may not exceed fifteen per cent of the total approved 17,040
costs of the program. 17,041
All recipients of funds shall maintain such fiscal control 17,043
and accounting procedures as may be necessary to ensure the 17,044
disbursement of, and accounting for, these funds. The control of 17,045
funds provided in this program, and title to property obtained 17,046
therefrom, shall be under the authority of the approved recipient 17,047
for purposes provided in the program. The approved recipient 17,048
shall administer and use such property and funds for the purposes 17,049
specified. 17,050
(F) The department shall prescribe target levels for 17,052
critical performance indicators for the purpose of assessing 17,053
public preschool programs. On-site reviews and follow-up visits 17,054
shall be based on progress in meeting the prescribed target 17,055
levels.
357
The department may audit a school district's preschool 17,057
financial and program records. School districts that have 17,058
financial practices not in accordance with standard accounting 17,059
principles, that operate preschool programs that fail to 17,060
substantially meet the Head Start performance standards, or that 17,061
exhibit below-average performance shall be subject to an on-site 17,062
review.
The department shall require corrective plans of action for 17,064
programs not achieving target levels or financial and program 17,065
standards. Action plans shall include activities to be conducted 17,066
by the grantee and timelines for activities to be completed and 17,067
timelines for additional data submission to the department 17,068
demonstrating that targets have been met. The appropriate school 17,069
board official shall sign the corrective plans of action. 17,070
Public preschool programs not meeting performance targets 17,072
in accordance with the plan of action and prescribed timelines 17,073
may have their continuation funding reduced, be disqualified for 17,074
expansion consideration until targets are met, or have all state 17,075
funds withdrawn and a new program established. 17,076
(G) The department shall require public preschool programs 17,078
to document child progress, using a common instrument prescribed 17,079
by the department, and report results annually. The department 17,080
shall determine the dates for documenting and reporting. 17,081
The State Board of Education shall adopt rules addressing 17,083
the use of screening and assessment data, including, but not 17,084
limited to, all of the following: 17,085
(1) Protection of the identity of individual children 17,087
through assignment of a unique but not personally identifiable 17,088
code;
(2) Parents' rights; 17,090
(3) Use of the data by school personnel as it relates to 17,092
kindergarten entrance. 17,093
(H) Each school district shall develop a sliding fee scale 17,095
based on the family incomes in the district and shall charge 17,097
358
families who earn more than the federal poverty level for 17,098
preschool.
(I) It is the intent of the General Assembly that 17,100
appropriations for appropriation items 200-406, Head Start, and 17,101
200-408, Public Preschool, be available for transfer between Head 17,103
Start and Public Preschool programs so that unallocated funds may 17,104
be used between the two programs. 17,105
Section 4.04. Professional Development 17,107
Of the foregoing appropriation item 200-410, Professional 17,109
Development, $5,997,829 in each fiscal year shall be used by the 17,110
Department of Education to develop a statewide comprehensive 17,112
system of twelve professional development centers that support 17,113
local educators' ability to foster academic achievement in the 17,114
students they serve. The centers shall include training teachers 17,116
on site-based management concepts to encourage teachers to become 17,117
involved in the management of their schools. 17,118
Of the foregoing appropriation item 200-410, Professional 17,120
Development, $1,321,292 in each fiscal year shall be used by the 17,121
Department of Education to establish programs targeted at 17,122
recruiting under-represented populations into the teaching 17,123
profession. In each year, the appropriation item shall be used 17,124
by the department to include, but not be limited to, alternative 17,125
teacher licensure or certification programs emphasizing the 17,126
recruitment of highly qualified minority candidates into 17,127
teaching, including emphasizing the recruitment of highly 17,128
qualified minority candidates into teaching positions in schools 17,129
which have a high percentage of minority students. The
recruitment programs shall also target recruiting qualified 17,131
candidates available as a result of downsizing of the military 17,132
and business sectors. Funding shall also be targeted to 17,133
statewide, regional, and local programs that are competitively
selected as promising programs demonstrating the potential of 17,134
significantly increasing Ohio's minority teaching force. 17,135
Of the foregoing appropriation item 200-410, Professional 17,137
359
Development, $9,659,713 in each fiscal year shall be distributed 17,138
on a per teacher basis to all school districts and joint 17,139
vocational school districts for locally developed teacher 17,140
training and professional development and for the establishment 17,142
of local professional development committees in all school 17,143
districts and chartered nonpublic schools. School districts and 17,144
joint vocational school districts shall not be precluded from 17,145
using these funds for cooperative activities on a county or 17,146
regional basis. School districts with pass rates of less than 75 17,147
per cent on the fourth grade reading proficiency test shall
allocate no less than 40 per cent of these funds for professional 17,148
development for teachers in elementary literacy skills. 17,149
Of the foregoing appropriation item 200-410, Professional 17,151
Development, $115,000 in each fiscal year shall be used to fund 17,152
public institutions or agencies that provide educational services 17,153
and employ or contract the services of licensed educators for 17,154
establishing local professional development committees pursuant 17,155
to division (C)(5) of section 3319.22 of the Revised Code.
Of the foregoing appropriation item 200-410, Professional 17,157
Development, $2,325,000 in fiscal year 2000 and $3,600,000 in 17,158
fiscal year 2001 shall be used by the Department of Education to 17,160
pay the application fee for teachers from public and chartered 17,161
nonpublic schools applying to the National Board for Professional 17,162
Teaching Standards for professional teaching certificates or 17,165
licenses that the board offers, and to provide grants in each 17,166
fiscal year to recognize and reward teachers who become certified 17,167
by the board pursuant to section 3319.55 of the Revised Code. 17,168
These moneys shall be used to pay for the first 600 17,171
applications in fiscal year 2000 and the first 800 applications 17,172
in fiscal year 2001 received by the department. Each prospective 17,173
applicant for certification or licensure shall submit an 17,174
application to the Department of Education. When the department 17,175
has collected a group of applications, but no later than 30 days 17,176
after receipt of the first application in a group, it shall send
360
the applications to the National Board for Professional Teaching 17,178
Standards along with a check to cover the cost of the application 17,179
fee for all applicants in that group. 17,180
Of the foregoing appropriation item 200-410, Professional 17,182
Development, up to $300,000 shall be used each fiscal year by the 17,183
Department of Education to support the connection of teacher 17,184
applicants to programs, including university programs, that 17,185
enhance applicant learning and professional development during 17,186
the National Board Certification process. 17,187
Of the foregoing appropriation item 200-410, Professional 17,188
Development, up to $1,875,000 in each fiscal year shall be 17,189
allocated for entry year programs. Each fiscal year, up to 17,190
$1,250,000 shall be used for mentors and assessor training, and 17,191
up to $1,475,000 for peer review. The Department of Education
shall select eligible beginning teachers to participate in a 17,192
year-long entry year program that provides guidance and coaching 17,193
by experienced school district and university faculty and regular 17,194
teacher performance assessment. The program is designed to 17,195
assess each beginning teacher with the Education Testing 17,196
Service's Praxis III examination. These funds shall be used to
support the supervisory, teaching, and assessment services 17,197
associated with the pilot residency program in urban, suburban, 17,198
and rural sites.
Of the foregoing appropriation item 200-410, Professional 17,200
Development, up to $650,000 in each fiscal year shall be used to 17,201
continue Ohio leadership academies to develop and train 17,202
superintendents, principals, other administrators, and school 17,203
board members in new leadership and management practices to 17,204
support high performance schools. This training shall be
coordinated with other locally administered leadership programs. 17,205
Of the foregoing appropriation item 200-410, Professional 17,207
Development, up to $850,000 in each fiscal year shall be used to 17,208
support a two-year Principal's Leadership Academy that will serve 17,209
principals and their staff teams. An advisory panel comprised of 17,210
361
national business and education experts shall advise the Ohio 17,211
Department of Education on content and delivery of curriculum and 17,212
instruction.
Of the foregoing appropriation item 200-410, Professional 17,214
Development, up to $975,000 in each fiscal year shall be used to 17,215
establish an entry year program for principals. Grants shall be 17,216
issued to pilot sites that shall develop prototypes of the 17,217
program in a variety of contexts. These sites shall also pilot 17,218
the School Leaders Licensure Assessment, which was developed by
the Educational Testing Service at a cost of $450 per assessment. 17,219
Of the foregoing appropriation item 200-410, Professional 17,221
Development, up to $500,000 in each fiscal year shall be used by 17,222
the Rural Appalachian Initiative to create professional 17,223
development academies for teachers, principals, and
superintendents in the Appalachian region. No funding shall be 17,224
released prior to the Department of Education receiving a 17,225
satisfactory report of the activities conducted by these 17,226
professional development academies during the previous year. 17,227
Section 4.05. Family and Children First 17,229
(A) Of the foregoing appropriation item 200-411, Family 17,231
and Children First, the Department of Education shall transfer up 17,232
to $3,677,188 in each fiscal year by intrastate transfer voucher 17,234
to the Department of Mental Retardation and Developmental 17,235
Disabilities. These funds shall be spent on direct grants to 17,236
county family and children first councils created under section 17,239
121.37 of the Revised Code. The funds shall be used as partial 17,240
support payment and reimbursement for the maintenance and 17,241
treatment costs of multi-need children that come to the attention 17,242
of the Family and Children First Cabinet Council pursuant to 17,243
section 121.37 of the Revised Code. The Department of Mental 17,244
Retardation and Developmental Disabilities shall administer the 17,245
distribution of the direct grants to the county councils. The 17,247
Department of Mental Retardation and Developmental Disabilities 17,249
may use up to five per cent of this amount for administrative 17,250
362
expenses associated with the distribution of funds to the county 17,251
councils.
(B) Of the funds appropriated in this item, up to 17,253
$1,775,000 in each fiscal year shall be used as administrative 17,254
grants to county family and children first councils to provide a 17,256
portion of the salary and fringe benefits necessary to fund 17,257
county council coordinators, administrative support, training, or 17,259
parental involvement. The total initial grant under this 17,260
provision to any county family and children first council shall 17,261
not exceed $20,000. In the event that not all counties in the 17,263
state have established a county council, at the beginning of the 17,264
fourth quarter of a fiscal year, any remaining funds to be used
as administrative grants may be redirected by the Family and 17,265
Children First Cabinet Council to other priorities and 17,266
activities. Of the funds appropriated in this item, up to 17,268
$15,000 shall be used by the Family and Children First Cabinet 17,269
Council for administrative costs, including stipends to family 17,270
representatives participating in approved activities of the 17,271
initiative, educational and informational forums, and technical 17,272
assistance to local family and children first councils. 17,273
(C) Of the foregoing appropriation item 200-411, Family 17,275
and Children First, up to $5,190,000 in each fiscal year shall be 17,277
used to fund school-based or school-linked school readiness 17,278
resource centers in school districts where there is a 17,279
concentration of risk factors to school readiness and success, 17,280
including indicators of poverty, health, and family stability. 17,281
The purpose of these centers is to assist in providing services 17,282
to families of school-age children who want and need support. 17,283
School readiness resource centers shall be located in each 17,285
of the state's 21 urban school districts as defined in division 17,286
(O) of section 3317.02 of the Revised Code, as that section 17,288
existed prior to July 1, 1998. The Ohio Family and Children 17,290
First Cabinet Council, in consultation with the Department of 17,291
Education and school districts, shall identify individual schools 17,292
363
based on quantitative and qualitative factors that reflect both 17,293
the need for school readiness resource centers and the local 17,294
capacity for redesigning, as necessary, a delivery system of 17,295
family support services. The council and the Department of 17,296
Education shall organize and provide technical assistance to the 17,297
school districts and communities in planning, developing, and 17,298
implementing the centers. The council shall also negotiate a
performance agreement that details required program 17,299
characteristics, service options, and expected results. 17,300
Each urban school district and community may receive up to 17,302
$240,000 to maintain three school readiness resource centers that 17,303
are located in or linked to elementary, middle, and high school 17,304
sites that are connected by student assignment patterns within 17,305
the school districts. Each school district shall work with a 17,306
representative of the local family and children first council and 17,308
a representative cross-section of families and community leaders 17,309
in the district to operate the school readiness resource centers 17,310
based upon conditions agreed to in the performance agreement 17,311
negotiated with the state council. 17,312
Up to $50,000 in each fiscal year may be used by the Ohio 17,314
Family and Children First Cabinet Council for an evaluation of 17,315
the effectiveness of the school readiness resource centers. Up 17,316
to $100,000 in each fiscal year may be used by the cabinet 17,317
council to approve technical assistance and oversee the 17,318
implementation of the centers. The administration and management 17,319
of the school readiness resource centers may be contracted out 17,320
through a competitive bidding process established by the cabinet 17,321
council in consultation with the Department of Education. 17,322
Section 4.06. Vocational Education Match 17,324
The foregoing appropriation item 200-416, Vocational 17,326
Education Match, shall be used by the Department of Education to 17,327
provide vocational administration matching funds pursuant to 20 17,328
U.S.C. 2311. 17,329
Technical Systems Development 17,331
364
The foregoing appropriation item 200-420, Technical Systems 17,333
Development, shall be used to support several information system 17,334
development projects that are designed to improve the performance 17,335
and customer service of the Ohio Department of Education. 17,336
Implementation of these systems shall allow the department to 17,337
provide greater levels of assistance and more timely information 17,338
to school districts, administrators, and legislators. 17,339
Up to $2,500,000 in fiscal year 2000 shall be used for 17,341
development and testing of the school administration software of 17,342
EMIS. Up to $250,000 in fiscal year 2000 shall be used for the 17,343
construction plans of the EMIS redesign. 17,344
In fiscal year 2000, up to $300,000 may be used for the 17,346
department's maintenance contract for database management 17,347
software; up to $100,000 shall be used for Phase I of the 17,348
department's data warehouse software purchase and maintenance 17,349
fees; and up to $300,000 shall be used for Phase II of the data 17,350
warehouse project. 17,351
In fiscal year 2001, up to $1,800,000 shall be used for 17,353
EMIS conversion, including district support and technical 17,354
assistance; up to $350,000 may be used for the department's 17,355
annual maintenance contract for database management software; and 17,356
up to $200,000 shall be used to support the data warehouse 17,357
project.
School Management Assistance 17,359
The foregoing appropriation item 200-422, School Management 17,361
Assistance, shall be used by the Department of Education to 17,362
provide fiscal technical assistance and inservice education for 17,363
school district management personnel and to administer, monitor, 17,365
and implement the fiscal watch and fiscal emergency provisions 17,366
under Chapter 3316. of the Revised Code.
Policy Analysis 17,368
The foregoing appropriation item 200-424, Policy Analysis, 17,370
shall be used by the Department of Education to develop software 17,372
and other computer assistance to maintain and enhance a system of 17,373
365
administrative, statistical, and legislative education
information to be used for policy analysis. The data base shall 17,374
be kept current at all times. Such a system will be used to 17,375
supply information and analysis of data to the General Assembly 17,376
and other state policy makers, including the Office of Budget and 17,377
Management and the Legislative Budget Office of the Legislative 17,378
Service Commission. 17,379
The Department of Education may use funding from this line 17,381
item to purchase or contract for the development of software 17,382
systems or contract for policy studies that will assist in the 17,384
provision and analysis of policy-related information.
Ohio Educational Computer Network 17,386
The foregoing appropriation item 200-426, Ohio Educational 17,388
Computer Network, shall be used by the Department of Education to 17,389
maintain a system of information technology throughout Ohio and 17,390
to provide technical assistance for such a system in support of 17,391
the State Education Technology Plan pursuant to section 3301.07 17,392
of the Revised Code. 17,393
Of the foregoing appropriation item 200-426, Ohio 17,395
Educational Computer Network, up to $10,460,000 in fiscal year 17,396
2000 and $11,510,000 in fiscal year 2001 shall be used to support 17,397
the development, maintenance, and operation of a network of 17,398
uniform and compatible computer-based information and 17,399
instructional systems. The technical assistance shall include, 17,400
but not be restricted to, the development and maintenance of 17,401
adequate computer software systems to support network activities. 17,402
Program funds may be used, through a formula and guidelines 17,403
devised by the department, to subsidize the activities of not 17,404
more than twenty-four designated data acquisition sites, as 17,405
defined by State Board of Education rules, to provide to school 17,406
districts and chartered nonpublic schools computer-based student 17,407
and teacher instructional and administrative information 17,408
services, including approved computerized financial accounting, 17,409
to assure the effective operation of local automated 17,411
366
administrative and instructional systems.
In order to broaden the scope of the use of technology for 17,413
education, the department may use up to $250,000 in each fiscal 17,414
year to coordinate the activities of the computer network with 17,416
other agencies funded by the department or the state. In order 17,417
to improve the efficiency of network activities, the department 17,418
and data acquisition sites may jointly purchase equipment, 17,419
materials, and services from funds provided under this 17,420
appropriation for use by the network and, when considered 17,421
practical by the department, may utilize the services of 17,422
appropriate state purchasing agencies. 17,423
Of the foregoing appropriation item 200-426, Ohio 17,425
Educational Computer Network, up to $10,260,000 in fiscal year 17,426
2000 and $19,000,000 in fiscal year 2001 shall be used by the 17,427
Department of Education to support connections of all public 17,428
school buildings to the Ohio Education Computer Network. In each
fiscal year the Department of Education shall use these funds to 17,429
help reimburse data acquisition sites or school districts for the 17,430
operational costs associated with using the Ohio Education 17,431
Computer Network. The Department of Education shall develop a 17,432
formula and guidelines for the distribution of these funds to the 17,433
data acquisition sites or individual school districts.
For fiscal year 2000, the Department of Education shall use 17,435
up to $1,939,772 to continue to manage and develop the statewide 17,436
union catalog and InfOhio Network of library resources that will 17,437
be accessible to all school districts through the Ohio Education 17,438
Computer Network up to $1,994,086 in fiscal year 2001 shall be 17,439
used for the Union Catalog and InfOhio Network.
The Department of Education shall use up to $2,430,000 in 17,442
fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to 17,443
assist designated data acquisition sites with operational costs 17,444
associated with the increased use of the Ohio Education Computer 17,446
Network by chartered nonpublic schools. The Department of 17,447
Education shall develop a formula and guidelines for distribution 17,449
367
of these funds to designated data acquisition sites.
Section 4.07. School Improvement Models 17,451
The foregoing appropriation item 200-431, School 17,453
Improvement Models, shall be used by the Department of Education 17,454
to continue to support the creation of a statewide network of 17,455
school improvement sites by providing competitive venture capital 17,456
grants to schools that demonstrate the capacity to invent or 17,457
adapt school improvement models. The department shall showcase 17,458
projects of exceptional merit and shall promote the networking of
venture schools with both venture and nonventure schools so that 17,459
administrators and teachers outside the district can benefit from 17,461
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 17,462
schools and up to $6,225,000 in fiscal year 2001 shall be used to 17,463
provide grants of $25,000 to 249 schools. 17,464
The Superintendent of Public Instruction shall assess 17,467
individual school district responses to the performance audits
conducted by the Auditor of State as required by Am. Sub. H.B. 17,468
No. 215 of the 122nd General Assembly. These assessments shall 17,470
be compiled into a report to the Speaker of the House of 17,471
Representatives, the President of the Senate, and the chairs and
ranking minority members of the House and Senate committees on 17,472
education and finance. 17,473
Of the foregoing appropriation item 200-431, School 17,475
Improvement Models, $5,000,000 shall be used in each fiscal year 17,477
for the development and distribution of school report cards
pursuant to section 3302.03 of the Revised Code and the 17,478
development of core competencies for the proficiency tests. 17,479
Of the foregoing appropriation item 200-431, School 17,481
Improvement Models, $250,000 in each fiscal year shall be used 17,482
for the development and operation of a Safe Schools Center. The 17,483
Department of Education shall oversee the creation of a center to 17,484
serve as a coordinating entity to assist school district 17,485
personnel, parents, juvenile justice representatives, and law 17,486
368
enforcement in identifying effective strategies and services for 17,487
improving school safety and reducing threats to the security of 17,488
students and school personnel.
Of the foregoing appropriation item 200-431, School 17,490
Improvement Models, up to $1,800,000 in each fiscal year shall be 17,491
used for a safe-school help line program for students, parents, 17,492
and the community to report threats to the safety of students or 17,493
school personnel. The Department of Education shall distribute 17,494
funds, in accordance with criteria established by it, to school
districts whose superintendents indicate the program will be a 17,495
meaningful aid to school security. 17,496
Of the foregoing appropriation item 200-431, School 17,498
Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000 17,499
in fiscal year 2001 shall be used to provide technical assistance 17,500
to school districts that are declared to be in a state of 17,501
academic watch or academic emergency under section 3302.03 of the 17,502
Revised Code to develop their continuous improvement plans as
required in section 3302.04 of the Revised Code. 17,503
Of the foregoing appropriation item 200-431, School 17,505
Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000 17,506
in fiscal year 2001 shall be used for professional development in 17,507
literacy for classroom teachers, administrators, and literacy 17,508
specialists.
School Conflict Management 17,510
Of the foregoing appropriation item 200-432, School 17,512
Conflict Management, amounts shall be used by the Department of 17,513
Education for the purpose of providing dispute resolution and 17,514
conflict management training, consultation, and materials for 17,515
school districts, and for the purpose of providing competitive 17,516
school conflict management grants to school districts. 17,517
The Department of Education shall assist the Commission on 17,519
Dispute Resolution and Conflict Management in the development and 17,520
dissemination of the school conflict management program. The 17,522
assistance provided by the Department of Education shall include 17,523
369
the assignment of a full-time employee of the department to the 17,524
Commission on Dispute Resolution and Conflict Management to 17,525
provide technical and administrative support to maximize the 17,526
quality of dispute resolution and conflict management programs 17,527
and services provided to school districts. 17,528
Student Proficiency 17,530
The foregoing appropriation item 200-437, Student 17,532
Proficiency, shall be used to develop, field test, print, 17,533
distribute, score, and report results from the tests required 17,534
under sections 3301.0710 and 3301.0711 of the Revised Code and 17,536
for similar purposes as required by section 3301.27 of the 17,537
Revised Code.
American Sign Language 17,539
Of the foregoing appropriation item 200-441, American Sign 17,541
Language, up to $150,000 in each fiscal year shall be used to 17,543
implement pilot projects for the integration of American Sign 17,544
Language deaf language into the kindergarten through 17,545
twelfth-grade curriculum.
The remainder of the appropriation shall be used by the 17,547
Department of Education to provide supervision and consultation 17,548
to school districts in dealing with parents of handicapped 17,549
children who are deaf or hard of hearing, in integrating American 17,550
Sign Language as a foreign language, and in obtaining 17,551
interpreters and improving their skills. 17,552
Child Care Licensing 17,554
The foregoing appropriation item 200-442, Child Care 17,556
Licensing, shall be used by the Department of Education to 17,557
license and to inspect preschool and school-age child care 17,558
programs in accordance with sections 3301.52 to 3301.59 of the 17,559
Revised Code.
OhioReads Admin/Volunteer Support 17,561
The foregoing appropriation item 200-445, OhioReads 17,563
Admin/Volunteer Support, may be allocated by the OhioReads 17,564
Council for volunteer coordinators in public school buildings, to 17,565
370
educational service centers for costs associated with volunteer 17,566
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with 17,567
administering the program. 17,569
Section 4.08. Education Management Information System 17,571
The foregoing appropriation item 200-446, Education 17,573
Management Information System, shall be used to provide school 17,574
districts with the means to implement local automated information 17,575
systems, to implement the common student information management 17,576
software developed by the Department of Education, and to 17,577
implement, develop, and improve the Education Management 17,578
Information System (EMIS). 17,579
Up to $1,000,000 in each fiscal year shall be used by the 17,582
Department of Education to assist designated data acquisition 17,583
sites or school districts with deployment of the common student
information management software, and for hardware, personnel, 17,585
equipment, staff development, software, and forms modification, 17,586
as well as to support EMIS special report activities in the 17,587
department that are designed to use the data collected by the 17,588
system.
Up to $2,865,553 in fiscal year 2000 and $2,951,519 in 17,590
fiscal year 2001 shall be distributed to designated data 17,591
acquisition sites for costs relating to the processing, storing, 17,592
and transfer of data for the effective operation of the EMIS. 17,594
These costs may include, but are not limited to, personnel, 17,595
hardware, software development, communications connectivity, 17,596
professional development and support services, and to provide 17,597
services to participate in the State Education Technology Plan 17,598
pursuant to section 3301.07 of the Revised Code.
Up to $6,359,593 in fiscal year 2000 and $6,550,325 in 17,600
fiscal year 2001 shall be distributed to school districts and 17,601
joint vocational school districts on a per-pupil basis. From 17,602
this money, each school district with enrollment greater than 100 17,603
students and each vocational school district shall receive a 17,604
371
minimum of $5,000 for each year of the biennium. Each school 17,605
district with enrollment between one and one hundred and each 17,606
county office of education shall receive $3,000 for each year of 17,607
the biennium. This money shall be used for costs associated with 17,608
the development and operation of local automated record based 17,609
information systems that provide data as required by the 17,610
education management information system, and facilitate local 17,611
district, school, and classroom management activities. 17,612
GED Testing/Adult High School 17,614
The foregoing appropriation item 200-447, GED Testing/Adult 17,616
High School, shall be used to provide General Educational 17,617
Development (GED) testing at no cost to first time applicants, 17,618
pursuant to rules adopted by the State Board of Education. The 17,619
Department of Education shall reimburse school districts and 17,620
community schools, created in accordance with Chapter 3314. of 17,621
the Revised Code for a portion of the costs incurred in providing 17,622
summer instructional or intervention services to students who 17,623
have not graduated due to their inability to pass one or more 17,624
parts of the state's ninth grade proficiency test. School 17,625
districts shall also provide such services to students who are
residents of the district pursuant to section 3313.64 of the 17,626
Revised Code, but who are enrolled in chartered, nonpublic 17,627
schools. The services shall be provided in the public school, in 17,628
nonpublic schools, in public centers, or in mobile units located 17,629
on or off of the nonpublic school premises. No school district 17,630
shall provide summer instructional or intervention services to
nonpublic school students as authorized by this section unless 17,631
such services are available to students attending the public 17,632
schools within the district. No school district shall provide 17,633
services for use in religious courses, devotional exercises, 17,634
religious training, or any other religious activity. Chartered, 17,635
nonpublic schools shall pay for any unreimbursed costs incurred
by the school districts for providing summer costs incurred by 17,636
the school districts for providing summer instruction or 17,637
372
intervention services to students enrolled in chartered, 17,638
nonpublic schools. School districts may provide these services 17,639
to students directly or contract with post-secondary or nonprofit 17,640
community-based institutions in providing instruction. The 17,641
appropriation shall also be used for state reimbursement to 17,642
school districts for adult high school continuing education 17,643
programs pursuant to section 3313.531 of the Revised Code or for 17,644
costs associated with awarding adult high school diplomas under 17,645
section 3313.611 of the Revised Code.
Community Schools 17,647
Of the foregoing appropriation item 200-455, Community 17,649
Schools, up to $100,000 in each fiscal year may be used by the 17,650
Lucas County Educational Service Center to pay for additional 17,651
services provided to community schools, subject to the reporting 17,652
by the service center of actual expenses incurred to the 17,653
Department of Education. In each fiscal year, up to $400,000 may 17,654
be used by the Office of School Options in the Department of 17,655
Education for additional services and responsibilities under 17,656
section 3314.11 of the Revised Code. 17,657
The remaining appropriation may be used by the Department 17,659
of Education and the Lucas County Educational Service Center to 17,660
make grants of up to $50,000 to each proposing group with a 17,661
preliminary agreement obtained under division (C)(2) of section 17,662
3314.02 of the Revised Code in order to defray planning and 17,665
initial start-up costs. In the first year of operation of a
community school, the Department of Education and the Lucas 17,666
County Educational Service Center may make a grant of no more 17,667
than $100,000 to the governing authority of the school to 17,668
partially defray additional start-up costs. The amount of the 17,669
grant shall be based on a thorough examination of the needs of 17,670
the community school. The Department of Education and the Lucas 17,671
County Educational Service Center shall not utilize moneys 17,672
received under this section for any other purpose other than 17,673
those specified under this section. The department shall 17,674
373
allocate an amount to the Lucas County Educational Service Center 17,675
for grants to schools in the Lucas County area under this 17,676
paragraph.
A community school awarded start-up grants from 17,678
appropriation item 200-613, Public Charter Schools (Fund 3T4), 17,679
shall not be eligible for grants under this section. 17,680
Section 4.09. School Finance Equity 17,682
The foregoing appropriation item 200-500, School Finance 17,684
Equity, shall be distributed to school districts based on the 17,685
formula specified in section 3317.0213 of the Revised Code. 17,686
Section 4.10. Base Cost Funding 17,688
Of the foregoing appropriation item 200-501, Base Cost 17,690
Funding, up to $3,000,000 in fiscal year 2000 shall be expended 17,692
by the State Board of Education for the extended service 17,693
allowance which shall be the teachers' salaries pursuant to the 17,694
schedule contained in section 3317.13 of the Revised Code, plus 17,695
fifteen per cent for retirement and sick leave; up to $425,000 17,697
shall be expended in each year of the biennium for court payments 17,698
pursuant to section 2151.357 of the Revised Code; an amount shall 17,699
be available each year of the biennium for the cost of the 17,700
reappraisal guarantee pursuant to section 3317.04 of the Revised 17,701
Code; an amount shall be available in each year of the biennium 17,702
to fund up to 225 full-time equivalent approved GRADS teacher 17,703
grants pursuant to division (R) of section 3317.024 of the 17,704
Revised Code; an amount shall be available in each year of the 17,705
biennium to make payments to school districts pursuant to 17,706
division (A)(2) of section 3317.022 of the Revised Code; up to 17,707
$15,000,000 in each year of the biennium shall be reserved for 17,708
payments pursuant to sections 3317.026, 3317.027, and 3317.028 of 17,709
the Revised Code except that the Controlling Board may increase 17,710
the $15,000,000 amount if presented with such a request from the 17,711
Department of Education. Of the foregoing appropriation item 17,712
200-501, Base Cost Funding, up to $14,000,000 shall be used in 17,713
each fiscal year to provide additional state aid to school 17,714
374
districts for students in category three special education ADM 17,715
pursuant to division (C)(4) of section 3317.022 of the Revised 17,716
Code; up to $2,000,000 in each year of the biennium shall be 17,717
reserved for Youth Services tuition payments pursuant to section 17,718
3317.024 of the Revised Code; up to $50,000,000 in fiscal year 17,719
2000 and up to $52,000,000 in fiscal year 2001 shall be reserved 17,721
to fund the state reimbursement of educational service centers
pursuant to section 3317.11 of the Revised Code. 17,722
Of the foregoing appropriation item 200-501, Base Cost 17,724
Funding, up to $1,000,000 in each fiscal year shall be used by 17,726
the Department of Education for a pilot program to pay for 17,727
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 17,728
facilities described in division (A) of the section titled 17,729
"Private Treatment Facility Pilot Project." 17,730
The remaining portion of this appropriation item shall be 17,732
expended for the public schools of city, local, exempted village, 17,735
and joint vocational school districts, including base cost 17,736
funding, special education weight funding, special education 17,737
speech service enhancement funding, vocational education weight 17,738
funding, vocational education associated service funding, 17,739
guarantee funding, and teacher training and experience funding 17,740
pursuant to sections 3317.022, 3317.023, 3317.0212, and 3317.16 17,741
of the Revised Code. 17,742
Section 4.11. Pupil Transportation 17,744
Of the foregoing appropriation item 200-502, Pupil 17,746
Transportation, up to $755,000 may be used by the Department of 17,747
Education each year for training prospective and experienced 17,748
school bus drivers in accordance with training programs 17,749
prescribed by the department; an amount shall be available in 17,750
each year of the biennium to be used for special education 17,751
transportation reimbursements. The reimbursement rate in each 17,752
year shall be based on the rate defined in division (D) of 17,753
section 3317.022 of the Revised Code; notwithstanding division
375
(I) of section 3317.024 of the Revised Code, up to $800,000 in 17,755
fiscal year 2000 shall be used by the Department of Education to 17,756
reimburse commercial driver education schools that provide driver 17,757
education to students who were issued driver education vouchers 17,759
prior to June 8, 1999 and to provide the $50 per pupil subsidy to 17,760
school districts for those students who completed school 17,761
districts' driver education programs prior to June 30, 1999; and 17,763
the remainder shall be used for the state reimbursement of public 17,764
school districts' costs in transporting pupils to and from the 17,765
school to which they attend in accordance with the district's
policy, State Board of Education standards, and the Revised Code. 17,766
Bus Purchase Allowance 17,768
The foregoing appropriation item 200-503, Bus Purchase 17,770
Allowance, shall be distributed to school districts and 17,771
educational service centers pursuant to rules adopted under 17,773
section 3317.07 of the Revised Code. Up to 25 per cent of the 17,774
amount appropriated may be used to reimburse school districts and 17,775
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 17,777
School Lunch 17,779
The foregoing appropriation item 200-505, School Lunch 17,781
Match, shall be used to provide matching funds to obtain federal 17,782
funds for the school lunch program. 17,783
Section 4.12. Adult Literacy Education 17,785
The foregoing appropriation item 200-509, Adult Literacy 17,787
Education, shall be used to support adult basic and literacy 17,788
education instructional programs, and the State Literacy Resource 17,789
Center Program. 17,790
Of the foregoing appropriation item 200-509, Adult Literacy 17,793
Education, up to $520,000 in fiscal year 2000 and $532,500 in 17,794
fiscal year 2001 shall be used for the support and operation of 17,796
the State Literacy Resource Center.
The remainder shall be used to continue to satisfy the 17,798
state match and maintenance of effort requirements for the 17,799
376
support and operation of the Ohio Department of Education 17,801
administered instructional grant program for Adult Basic and 17,802
Literacy Education in accordance with the department's state plan 17,803
for Adult Basic and Literacy Education as approved by the State 17,804
Board of Education and the Secretary of the United States 17,805
Department of Education.
Auxiliary Services 17,807
The foregoing appropriation item 200-511, Auxiliary 17,809
Services, shall be used by the State Board of Education for the 17,810
purpose of implementing section 3317.06 of the Revised Code. Of 17,811
the appropriation, up to $1,000,000 in each fiscal year of the 17,812
biennium may be used for payment of the Post-Secondary Enrollment 17,813
Options Program for nonpublic students pursuant to section 17,814
3365.10 of the Revised Code. 17,815
Summer Intervention 17,817
Of the foregoing appropriation item 200-513, Summer 17,819
Intervention, up to $15,500,000 in each fiscal year shall be used 17,820
to assist districts providing the intervention services specified 17,821
in section 3313.608 of the Revised Code. These moneys shall be 17,824
used to provide equalized reimbursement payments using the state 17,825
aid ratio to school districts providing summer intervention 17,826
services satisfying criteria defined in division (E) of section
3313.608 of the Revised Code. The Department of Education shall 17,828
establish guidelines for the use and distribution of these
moneys.
Post-Secondary/Adult Vocational Education 17,830
The foregoing appropriation item 200-514, 17,832
Post-Secondary/Adult Vocational Education, shall be used by the 17,833
State Board of Education to provide post-secondary/adult 17,834
vocational education pursuant to sections 3313.52 and 3313.53 of 17,835
the Revised Code. 17,836
Of the foregoing appropriation item 200-514, 17,838
Post-Secondary/Adult Vocational Education, up to $500,000 in each 17,840
fiscal year shall be allocated for the Ohio Career Information 17,841
377
System (OCIS) and used for the dissemination of career 17,842
information data to public schools, libraries, rehabilitation 17,843
centers, two- and four-year colleges and universities, and other 17,844
governmental units. 17,845
Of the foregoing appropriation item 200-514, 17,847
Post-Secondary/Adult Vocational Education, up to $30,000 in each 17,848
fiscal year shall be used for the statewide coordination of the 17,849
activities of the Ohio Young Farmers.
The Governor's Workforce Development Board shall examine 17,851
the sites statewide participating in the Orientation to 17,852
Nontraditional Occupations for Women Program and consider making 17,853
recommendations for funding the program under the proposed 17,854
Department of Job and Family Services. In the event that the 17,855
Department of Job and Family Services is not created through the 17,856
merger of the Department of Human Services and Bureau of 17,857
Employment Services in fiscal year 2001, the Workforce
Development Board shall make any recommendations for funding the 17,858
program to the individual agencies. 17,859
Disadvantaged Pupil Impact Aid 17,861
The foregoing appropriation item 200-520, Disadvantaged 17,863
Pupil Impact Aid, shall be distributed to school districts 17,864
according to the provisions of section 3317.029 of the Revised 17,866
Code. However, no money shall be distributed for all-day 17,868
kindergarten to any school district whose three-year average 17,869
formula ADM exceeds 17,500 but whose DPIA index is not at least 17,870
equal to 1.00, unless the Department of Education certifies that 17,871
sufficient funds exist in this appropriation to make all other 17,873
payments required by section 3317.029 of the Revised Code. 17,874
The Department of Education shall pay all-day, everyday 17,876
kindergarten funding to all school districts in fiscal year 2000 17,877
and fiscal year 2001 that qualified for and provided the service 17,878
in a preceding fiscal year pursuant to section 3317.029 of the 17,880
Revised Code, regardless of changes to such districts' DPIA
indexes in fiscal year 2000 and fiscal year 2001. 17,881
378
The Department of Education shall pay to community schools 17,884
an amount for all-day kindergarten if the school district in
which the student is entitled to attend school is eligible but 17,885
does not receive a payment for all-day kindergarten, pursuant to 17,886
division (B) of section 3314.13 of the Revised Code, and the 17,887
student is reported by the community school as enrolled in 17,888
all-day kindergarten at the community school. 17,889
Of the foregoing appropriation item 200-520, Disadvantaged 17,891
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 17,892
shall be used for school breakfast programs. Of the $3,000,000, 17,893
up to $500,000 shall be used each year by the Department of 17,895
Education to provide start-up grants to rural school districts 17,896
and to school districts with less than 1,500 ADM that start 17,897
school breakfast programs. The remainder of the $3,000,000 shall 17,898
be used to: (1) partially reimburse school buildings within 17,899
school districts that are required to have a school breakfast 17,900
program pursuant to section 3313.813 of the Revised Code, at a 17,901
rate decided upon by the department, for each breakfast served to
any pupil enrolled in the district; (2) partially reimburse 17,902
districts participating in the National School Lunch Program that 17,903
have at least 20 per cent of students who are eligible for free 17,904
and reduced meals according to federal standards, at a rate 17,905
decided upon by the department; and (3) to partially reimburse
districts participating in the National School Lunch Program for 17,906
breakfast served to children eligible for free and reduced meals 17,907
enrolled in the district, at a rate decided upon by the 17,908
department.
Of the portion of the funds distributed to the Cleveland 17,910
City School District under section 3317.029 of the Revised Code 17,911
calculated under division (F)(2) of that section, up to 17,912
$11,217,000 in fiscal year 2000 and up to $13,866,000 in fiscal 17,913
year 2001 shall be used to operate the pilot school choice 17,915
program in the Cleveland City School District pursuant to
sections 3313.974 to 3313.979 of the Revised Code. 17,916
379
Of the foregoing appropriation item 200-520, Disadvantaged 17,918
Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in 17,919
fiscal year 2001 shall be used to support dropout recovery 17,920
programs administered by the Department of Education, Jobs for 17,921
Ohio's Graduates program. 17,922
There is hereby created the Alternative Education Advisory 17,924
Council which shall consist of one representative from each of 17,925
the following agencies: The Ohio Department of Education, the 17,926
Department of Youth Services, the Ohio Department of Alcohol and 17,927
Drug Addiction Services, the Department of Mental Health, the
Office of the Governor or at the Governor's discretion the Office 17,929
of the Lieutenant Governor, and the Office of the Attorney 17,930
General. The Alternative Education Advisory Council shall cease 17,931
to exist on June 30, 2001.
Of the foregoing appropriation item 200-520, Disadvantaged 17,933
Pupil Impact Aid, $10,000,000 in each fiscal year shall be used 17,934
for competitive matching grants to the 21 urban school districts 17,935
as defined in division (O) of section 3317.02 of the Revised Code 17,937
as it existed prior to July 1, 1998, and $10,000,000 in each
fiscal year shall be used for competitive matching grants to 17,938
rural and suburban school districts for alternative educational 17,940
programs for existing and new at-risk and delinquent youth. 17,942
Programs shall be focused on youth in one or more of the 17,943
following categories: those who have been expelled or suspended, 17,944
those who have dropped out of school or who are at risk of
dropping out of school, those who are habitually truant or 17,946
disruptive, or those on probation or on parole from a Department
of Youth Services' facility. 17,947
The Alternative Education Advisory Council shall develop 17,950
criteria for the awarding of grants for alternative educational
programs. The criteria the council develops shall give priority 17,951
to projects that: demonstrate collaboration among schools, 17,952
juvenile courts, law enforcement agencies, local government, and 17,953
other appropriate private and public organizations; include 17,954
380
strategies to ensure enforcement of the state's attendance laws; 17,955
are research-based; and ensure that data necessary for evaluation 17,956
of the project is collected. Grants shall be awarded only to
programs where the grant would not serve as the program's primary 17,957
source of funding. The grants shall be administered by the Ohio 17,959
Department of Education.
The Ohio Department of Education may waive compliance with 17,961
any minimum education standard established under section 3301.07 17,962
of the Revised Code for any alternative school that receives a 17,963
grant under this section if the Alternative Education Advisory 17,964
Council recommends the waiver on the grounds that the waiver will 17,965
enable the program to more effectively educate students enrolled 17,966
in the alternative school.
Section 4.13. Gifted Pupil Program 17,968
The foregoing appropriation item 200-521, Gifted Pupil 17,970
Program, shall be used for gifted education units not to exceed 17,971
975 in fiscal year 2000 and 1,000 in fiscal 2001 pursuant to 17,972
division (P) of section 3317.024 and division (F) of section 17,973
3317.025 of the Revised Code. 17,974
Of the foregoing appropriation item 200-521, Gifted Pupil 17,976
Program, up to $5,000,000 in each fiscal year of the biennium may 17,977
be used as an additional supplement for identifying gifted 17,978
students pursuant to Chapter 3324. of the Revised Code. 17,979
Of the foregoing appropriation item 200-521, Gifted Pupil 17,981
Program, the Department of Education may expend up to $1,000,000 17,982
each year for the Summer Honors Institute for gifted freshmen and 17,984
sophomore high school students. Up to $600,000 in each fiscal 17,985
year shall be used for research and demonstration projects. Of
this amount, $70,000 in each year shall be used for the Ohio 17,986
Summer School for the Gifted (Martin Essex Program). 17,987
Section 4.14. Educational Excellence and Competency 17,989
Of the foregoing appropriation item 200-524, Educational 17,991
Excellence and Competency, up to $35,000 in each fiscal year 17,992
shall be reserved for the Ohio Science Olympiad and up to $25,000 17,993
381
in each fiscal year shall be reserved for the International 17,995
Science and Engineering Fair. Up to $250,000 in each fiscal year 17,997
shall be reserved for a Math and Science Initiative to enhance 17,999
math and science education for elementary students in a 18,000
county-wide collaborative. 18,001
Of the foregoing appropriation item 200-524, Educational 18,003
Excellence and Competency, up to $100,000 may be used in fiscal 18,004
year 2001 by the Girl Scouts of Central Ohio. 18,005
Of the foregoing appropriation item 200-524, Educational 18,007
Excellence and Competency, up to $100,000 in each fiscal year 18,008
shall be used for the EQUIP Program. Up to $50,000 in each 18,009
fiscal year shall be used for the Cincinnati Central Clinic. Up 18,010
to $150,000 in fiscal year 2000 and $125,000 in fiscal year 2001 18,011
shall be distributed to the Franklin County Educational Council 18,012
to operate the Magellan Program. Up to $50,000 in each fiscal 18,013
year shall be used for the Findlay-Hancock Summer Academic Camp. 18,014
Of the foregoing appropriation item 200-524, Educational 18,016
Excellence and Competency, up to $90,000 in fiscal year 2000 and 18,017
$80,000 in fiscal year 2001 shall be used for the Cleveland 18,018
Language Project; up to $20,000 in each fiscal year shall be used 18,019
for the Cincinnati Language Project; up to $20,000 in fiscal year 18,020
2000 and $30,000 in fiscal year 2001 shall be used for the 18,021
Columbus Language Project; and up to $20,000 in each fiscal year 18,022
shall be used for the Dayton Language Project;
Of the foregoing appropriation item 200-524, Educational 18,024
Excellence and Competency, up to $125,000 in each year of the 18,025
biennium may be used to support the Aid for College Opportunities 18,026
Program. 18,027
The Department of Education shall distribute $150,000 in 18,029
fiscal year 2000 and $100,000 in fiscal year 2001 to the 18,030
Christopher Project. The department shall distribute $80,000 in 18,031
fiscal year 2000 and $40,000 in fiscal year 2001 to the Regional 18,033
District/University Consortium to Validate At-Risk Programs for 18,034
Rural School Districts. The Department shall distribute $75,000
382
in each fiscal year to the Cincinnati Artworks Project. In each 18,035
fiscal year of the biennium, $100,000 shall be used for Ledgemont 18,037
Education Excellency. In addition, the department shall
distribute $275,000 in each fiscal year to the Summit County 18,038
Technology Project. 18,039
Of the foregoing appropriation item 200-524, Educational 18,041
Excellence and Competency, $48,333 in fiscal year 2000 and 18,042
$36,667 in fiscal year 2001 shall be distributed to the Ohio 18,043
Geographical Alliance at such time as matching funds are provided 18,044
by the National Geographical Society. These moneys shall be used
by the Ohio Geographical Alliance to provide geography training 18,045
to public school teachers. 18,046
Of the foregoing appropriation item 200-524, Educational 18,048
Excellence and Competency, $100,000 in fiscal year 2000 and 18,049
$150,000 in fiscal year 2001 may be used by the IAMS "High 18,050
Schools that Work Initiative." 18,051
Of the foregoing appropriation item 200-524, Educational 18,054
Excellence and Competency, $46,000 in fiscal year 2000 may be 18,055
used for the Stambaugh Auditorium Youngstown Schools Project.
In each fiscal year, $300,000 shall be used for a pilot 18,057
project for the integration and implementation of distance 18,058
learning, virtual reality, and computer technology to prepare 18,059
students for careers in industry. Of this amount, $65,000 in 18,060
each fiscal year shall be distributed to the Math, Science and 18,061
Industrial Technology Institute at Kent State University-Trumbull 18,062
Campus for purposes of this pilot project and $235,000 in each 18,063
fiscal year shall be distributed to the Trumbull County 18,064
Educational Service Center for the Industrial Technology Career 18,065
Academy pilot project. In each fiscal year, $140,000 shall be 18,066
used for the Crouse School Readiness Program. 18,067
Of the foregoing appropriation item 200-524, Educational 18,070
Excellence and Competency, $700,000 in each fiscal year shall be
allocated through the Department of Education to the Ohio Council 18,071
on Economic Education to provide services for programs developed 18,072
383
in section 3317.60 of the Revised Code for students in 18,073
kindergarten through twelfth grades, for services to the Ohio 18,074
Consumer and Economic Education Coordinator network, and
statewide initiatives. Funds shall be used for staff 18,075
development, curriculum assistance, citizenship proficiency test 18,076
assistance, consumer and economic resources/information, 18,077
partnerships/collaborations as needed to develop student economic 18,078
literacy understanding, and workforce development initiatives. 18,079
Of the foregoing appropriation item 200-524, Educational 18,081
Excellence and Competency, $50,000 in each fiscal year shall be 18,082
used to create a Lake, Ashtabula, and Geauga County Educational 18,083
Service Supercenter, a cooperative agreement to coordinate and 18,084
consolidate services.
Of the foregoing appropriation item 200-524, Educational 18,086
Excellence and Competency, $200,000 in each fiscal year shall be 18,087
provided to the Stark County Schools Teacher Technical Training 18,088
Center.
Of the foregoing appropriation item 200-524, Educational 18,090
Excellence and Competency, $150,000 in fiscal year 2000 shall be 18,091
used to support the Cleveland State University/Strongsville 18,092
School Technology link. Of this amount, $47,360 shall be 18,093
distributed to the Strongsville City School District and $102,640 18,094
shall be distributed to Cleveland State University.
Of the foregoing appropriation item 200-524, Educational 18,096
Excellence and Competency, $250,000 in each fiscal year shall be 18,097
used for the Virtual Manufacturing pilot project. 18,098
Of the forgoing appropriation item 200-524, Educational 18,100
Excellence and Competency, $50,000 in fiscal year 2000 shall be 18,101
used for the Summit Education Initiative. 18,102
Of the foregoing appropriation item 200-524, Educational 18,104
Excellence and Competency, $50,000 in each fiscal year shall be 18,105
used for the Tree of Knowledge Educational Assessment program. 18,106
Of the foregoing appropriation item 200-524, Educational 18,108
Excellence and Competency, $25,000 in each fiscal year shall be 18,109
384
used to support the purchase of the "I Know I Can" book and 18,110
supporting materials for second grade students in school 18,111
districts in which at least fifty per cent of elementary school
students receive free or reduced lunch. 18,112
The remainder of the appropriation shall be used by the 18,114
Department of Education to fund programs each year as follows: 18,116
FY 2000 FY 2001 18,118
Earn and Learn $ 686,667 $ 343,333 18,119
Trumbull County "Make Learning 18,120
Fun" $ 75,000 $ 75,000 18,121
LEAF $ 65,000 $ 65,000 18,122
Coventry $ 16,667 $ 8,333 18,123
Columbus Youth Corp $ 150,000 $ 150,000 18,124
Neighborhood House Preschool $ 50,000 $ 50,000 18,125
Montgomery County Summer Math 18,126
program $ 143,333 $ 71,667 18,127
Columbus City District's "I Know I 18,128
Can" $ 645,000 $ 645,000 18,129
Dayton-Montgomery County Scholarship 18,130
Program $ 645,000 $ 645,000 18,131
Cleveland Scholarship $ 500,000 $ 500,000 18,132
Cleveland School for the Arts $ 500,000 $ 0 18,133
Cleveland Initiative for Education $ 240,000 $ 120,000 18,134
Cincinnati Scholarship Foundation $ 645,000 $ 645,000 18,135
Improved Solutions for Urban Systems 18,136
(ISUS) $ 100,000 $ 100,000 18,137
Lorain County Access $ 150,000 $ 150,000 18,138
Amer-I-Can $ 850,000 $ 850,000 18,139
West Jefferson Learns $ 100,000 $ 0 18,140
Madison Plains Learns $ 0 $ 100,000 18,141
Project Succeed $1,000,000 $1,000,000 18,142
Toledo Even Start $ 150,000 $ 0 18,143
Toledo Tech Academy $ 300,000 $ 300,000 18,144
Toledo Save Other Students $ 25,000 $ 25,000 18,145
385
Toledo International Language 18,146
Center $ 133,333 $ 100,000 18,147
Greater Toledo School-To-Work 18,148
Consortium $ 100,000 $ 100,000 18,149
Muskingum Valley Services Center $ 100,000 $ 100,000 18,150
Piqua School SWAT Program $ 100,000 $ 100,000 18,151
O.U. Leadership $ 75,000 $ 75,000 18,152
For the Cleveland Initiative in Education program, the 18,154
grant shall support its mentoring and advocacy program. 18,155
Of the foregoing appropriation item 200-524, Educational 18,157
Excellence and Competency, $83,000 in fiscal year 2000 and 18,158
$83,000 in fiscal year 2001 shall be used for the Shaker Heights 18,159
Educational Mobility program. 18,160
Of the foregoing appropriation item 200-524, Educational 18,162
Excellence and Competency, up to $100,000 in fiscal year 2000 and 18,163
$150,000 in fiscal year 2001 shall be used for grants to Ohio 18,164
school districts for the JASON Project, a specially designed 18,165
interactive science and mathematics curriculum for middle school 18,166
students. Grants may provide up to 75 per cent of a school
district's total cost of participation and may be used to 18,167
purchase curriculum materials, supplemental videos, and 18,168
professional development materials. Grants may also include 18,169
miscellaneous costs such as technology equipment and service
fees.
Of the foregoing appropriation item 200-524, Educational 18,171
Excellence and Competency, up to $133,333 in fiscal year 2000 and 18,172
$66,667 in fiscal year 2001 shall be used for the W.E.B. Dubois 18,173
Talented Tenth Teacher Training Academy. The program will 18,174
provide a summer honors program to promising minority students 18,175
identified by their school districts as potential future
teachers.
Of the foregoing appropriation item 200-524, Educational 18,177
Excellence and Competency, up to $100,000 in each fiscal year 18,178
shall be used for the Parenting Healthy Children Initiative of 18,179
386
the Manuel D. and Rhoda Mayerson Foundation. 18,180
Of the foregoing appropriation item 200-524, Educational 18,182
Excellence and Competency, up to $100,000 in each fiscal year 18,183
shall be used by the Department of Education to provide awards to 18,184
teachers, school buildings, or school districts that promote 18,185
parental involvement in outstanding ways. The practices, 18,186
methods, and lessons learned from the award winners shall be
shared with all school districts by the Department of Education. 18,187
Of the foregoing appropriation item 200-524, Educational 18,189
Excellence and Competency, $100,000 in fiscal year 2000 shall be 18,190
used for the Fireland School District for a project to serve 18,191
multi-handicapped students in the district, which is also open to 18,192
other students in Lorain County.
Of the foregoing appropriation item 200-524, Educational 18,194
Excellence and Competency, up to $200,000 in each fiscal year 18,195
shall be used for the Tuscarawas County Innovative Remediation 18,196
Program to provide grants to school districts within Tuscarawas 18,197
County. 18,198
Of the foregoing appropriation item 200-524, Educational 18,200
Excellence and Competency, up to $5,000 in each fiscal year shall 18,201
be used for the Buckeye Ranch Animal Therapy Program. 18,202
Of the foregoing appropriation item 200-524, Educational 18,204
Excellence and Competency, $1,000,000 in each fiscal year shall 18,205
be used for the Waterford Reading program. 18,206
Each program or entity that receives funds under the 18,208
foregoing appropriation item 200-524, Educational Excellence and 18,210
Competency, shall submit annually to the chairpersons of the 18,211
education committees of the House of Representatives and the 18,212
Senate and to the Department of Education a report that includes 18,213
a description of the services supported by the funds, a 18,214
description of the results achieved by those services, an 18,215
analysis of the effectiveness of the program, and an opinion as 18,216
to the program's applicability to other school districts. No 18,217
funds shall be provided by the Department of Education to a 18,218
387
district for a fiscal year until its report for the prior fiscal 18,220
year has been submitted.
Of the foregoing appropriation item 200-524, Educational 18,222
Excellence and Competency, $40,000 in each fiscal year shall be 18,223
used for the Health Education Center of The Greater Cincinnati 18,224
Scholarship Fund to provide scholarships to students in Hamilton, 18,225
Butler, Clermont, and Warren Counties to attend health education 18,226
programming provided by the center. Eligibility for scholarships 18,227
shall be restricted to students currently attending school 18,228
districts receiving funding under Title I of the Elementary and 18,229
Secondary Education Act of 1965. 18,230
Nonpublic Administrative Cost Reimbursement 18,232
The foregoing appropriation item 200-532, Nonpublic 18,234
Administrative Cost Reimbursement, shall be used by the State 18,235
Board of Education for the purpose of implementing section 18,236
3317.063 of the Revised Code. 18,237
School-Age Child Care 18,239
Of the foregoing appropriation item 200-533, School-Age 18,241
Child Care, up to $200,000 in each fiscal year shall be used for 18,242
the "Training Ohio's Parents for Success" Program. Up to 18,243
$500,000 in each fiscal year shall be used for the "Parents as 18,245
Teachers" Program.
Of the foregoing appropriation item 200-533, School-Age 18,247
Child Care, up to $62,500 in each fiscal year shall be used by 18,248
the Cincinnati YWCA for its Home Instruction Program for 18,249
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 18,251
program of child care conducted outside of regular school hours 18,252
for school age children. 18,253
The remainder of the foregoing appropriation item 200-533, 18,255
School-Age Child Care, shall be used by the Department of 18,256
Education to provide grants to city, local, and exempted village 18,257
school districts and educational service centers for school-age 18,258
child care programs. In each fiscal year, the department shall 18,259
388
make grants. All grants shall be awarded by the department on 18,261
the basis of project proposals submitted by school district 18,262
boards of education or educational service center governing
boards. The board of education of each district or governing 18,264
board of each educational service center that receives a grant 18,265
shall keep a record of how the grant is used, and issue a report 18,266
at the end of the school year for which the grant was made 18,267
explaining the goals and objectives determined, the activities 18,268
implemented, and the progress made toward achieving goals and 18,269
objectives.
Desegregation Costs 18,271
The foregoing appropriation item 200-534, Desegregation 18,273
Costs, shall be used to pay desegregation costs. 18,274
(A) Notwithstanding any section of law to the contrary, if 18,277
in each fiscal year, due to federal court order, the Department 18,278
of Education is obligated to pay for desegregation costs in any 18,279
school district, the costs shall be paid from the foregoing 18,280
appropriation item 200-534, Desegregation Costs. 18,281
Of the foregoing appropriation item 200-534, Desegregation 18,283
Costs, in fiscal year 2000 or in fiscal year 2001 any unobligated 18,284
balances may be used to cover the legal fees associated with 18,287
desegregation cases brought against the state.
By the first day of May of each year, the Department of 18,289
Education shall determine if the appropriation exceeds the 18,290
state's obligation for desegregation costs. Any appropriations 18,291
in excess of the state's obligation shall be transferred to 18,292
appropriation item 200-406, Head Start, by the Director of Budget 18,293
and Management.
(B) As part of managing state desegregation costs, any 18,295
board of education of a school district subject to a federal 18,296
court desegregation order that requires the district board to bus 18,297
students for the purpose of racial balance shall, within one year 18,298
of the effective date of this section: 18,299
(1) Update its plan required under Am. Sub. H.B. 298 of 18,301
389
the 119th General Assembly designed to satisfy the court so as to 18,302
obtain release from the court's desegregation order; and 18,303
(2) Submit an updated copy of the plan to the State Board 18,305
of Education. 18,306
Upon request of the district board, the State Board shall provide 18,309
technical assistance to the school district board in developing a 18,310
plan.
Within ninety days of the date on which the plan is 18,312
submitted to the State Board of Education, the district board, or 18,313
the district board and the State Board of Education jointly if 18,315
both are parties to the desegregation case, shall submit the plan 18,317
to the court and apply for release from the court's desegregation 18,318
order.
Of the foregoing appropriation item 200-534, Desegregation 18,320
Costs, Dayton City Schools shall receive at least $9,000,000 in 18,321
each of fiscal year 2000 and fiscal year 2001. 18,322
Section 4.15. Special Education Enhancements 18,324
Of the foregoing appropriation item 200-540, Special 18,326
Education Enhancements, up to $44,000,000 in fiscal year 2000 and 18,328
up to $48,400,000 in fiscal year 2001 shall be used to fund 18,329
special education and related services at MR/DD boards for 18,330
eligible students under section 3317.20 of the Revised Code. Up 18,331
to $2,500,000 of these amounts shall be used in each fiscal year 18,332
to fund up to 57 special education classroom and related services 18,333
units at institutions. 18,334
Of the foregoing appropriation item 200-540, Special 18,336
Education Enhancements, up to $3,081,000 in fiscal year 2000 and 18,338
$3,167,268 in fiscal year 2001 shall be used for home instruction 18,339
for handicapped children; up to $1,500,000 in each fiscal year 18,341
shall be used for parent mentoring programs; and up to $2,567,000 18,344
in fiscal year 2000 and $2,639,390 in fiscal year 2001 may be
used for school psychology interns. 18,345
Of the foregoing appropriation item 200-540, Special 18,347
Education Enhancements, $2,550,800 in fiscal year 2000 and 18,348
390
$3,704,000 in fiscal year 2001 shall be used by the Department of 18,350
Education to assist school districts in funding aides pursuant to 18,351
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the 18,353
Administrative Code.
Of the foregoing appropriation item 200-540, Special 18,355
Education Enhancements, $72,934,548 in fiscal year 2000 and 18,356
$78,623,506 in fiscal year 2001 shall be distributed by the 18,358
Department of Education to county boards of mental retardation 18,359
and developmental disabilities, educational service centers, and 18,360
school districts for preschool special education units and 18,361
preschool supervisory units in accordance with section 3317.161 18,362
of the Revised Code. The department may reimburse county boards 18,363
of mental retardation and developmental disabilities, educational 18,364
service centers, and school districts for related services as 18,365
defined in rule 3301-31-05 of the Ohio Administrative Code, for 18,366
preschool occupational and physical therapy services provided by 18,367
a physical therapy assistant and certified occupational therapy 18,368
assistant, and for an instructional assistant. To the greatest 18,369
extent possible, the Department of Education shall allocate these 18,370
units to school districts and educational service centers. The 18,371
Controlling Board may approve the transfer of unallocated funds 18,372
from appropriation item 200-501, Base Cost Funding, to 18,373
appropriation item 200-540, Special Education Enhancements, to 18,375
fully fund existing units as necessary or to fully fund 18,376
additional units. The Controlling Board may approve the transfer 18,377
of unallocated funds from appropriation item 200-540, Special 18,379
Education Enhancements, to appropriation item 200-501, Base Cost 18,380
Funding, to fully fund existing units, as necessary, or to fully 18,382
fund additional units.
The Department of Education shall require school districts, 18,384
educational service centers, and county MR/DD boards serving 18,385
preschool children with disabilities to document child progress 18,386
using a common instrument prescribed by the department and report 18,387
results annually. The reporting dates and methodology shall be 18,388
391
determined by the department. 18,389
The department shall adopt rules addressing the use of 18,391
screening and assessment data including, but not limited to: 18,392
(1) Protection of the identity of individual children 18,395
through assignment of a unique, but not personally identifiable, 18,396
code;
(2) Parents' rights; and 18,398
(3) Use of the child data by school personnel as it 18,400
relates to kindergarten entrance. 18,401
Of the foregoing appropriation item 200-540, Special 18,403
Education Enhancements, up to $800,000 in each fiscal year shall 18,404
be allocated to provide grants to research-based reading 18,405
mentoring programs for students with disabilities in kindergarten 18,406
through fourth grade. Priority shall be given to mentoring 18,407
programs that have been recognized by the Education Commission of 18,408
the States as promising educational practices for accelerating 18,409
student achievement, are easily replicated, have strong 18,410
evaluative components, and goals aligned to the Ohio Proficiency 18,411
Test. Programs may be implemented at times deemed most 18,412
appropriate. Certified staff shall administer these programs and 18,413
testing of participants shall be required prior to, during, and 18,414
after participation in these programs. The results of such tests 18,415
shall be reported to the Governor, Superintendent of Public 18,416
Instruction, and General Assembly. 18,417
Of the foregoing appropriation item 200-540, Special 18,419
Education Enhancements, up to $93,000 in fiscal year 2000 and up 18,420
to $86,000 in fiscal year 2001 shall be used to conduct a 18,421
collaborative pilot program to provide educational services and 18,422
develop best educational practices for autistic children. The 18,423
pilot program shall include, but not be limited to, the 18,424
involvement of the Wood County Board of Mental Retardation and 18,425
Developmental Disabilities, Wood County Educational Services 18,426
Center, Children's Resource Center of Wood County, and the Family 18,427
and Children First Council of Wood County. 18,428
392
Of the foregoing appropriation item 200-540, Special 18,430
Education Enhancements, up to $16,000 in fiscal year 2000 may be 18,431
used by the Broadmore School to fund the Autistic Children 18,432
Rehabilitation Program.
Of the foregoing appropriation item 200-540, Special 18,434
Education Enhancements, up to $300,000 in each fiscal year shall 18,435
be expended to conduct a demonstration project involving language 18,436
and literacy intervention teams supporting student acquisition of 18,437
language and literacy skills. The demonstration project shall 18,438
demonstrate improvement of language and literacy skills of 18,439
at-risk learners under the instruction of certified speech 18,440
language pathologists and educators. Baseline data shall be 18,441
collected and comparison data for fiscal year 2000 and fiscal 18,442
year 2001 shall be collected and reported to the Governor, 18,443
OhioReads Council, Department of Education, and the General 18,444
Assembly.
Section 4.16. Vocational Education Enhancements 18,446
Of the foregoing appropriation item 200-545, Vocational 18,448
Education Enhancements, up to $2,500,000 in fiscal year 2000 and 18,449
$2,616,000 in fiscal year 2001 shall be used to fund up to 51 18,451
vocational education units at institutions. Up to $9,975,000 in 18,453
fiscal year 2000 and up to $10,972,500 in fiscal year 2001 shall
be used to fund the Jobs for Ohio Graduates (JOG) program, up to 18,455
$2,315,200 in fiscal year 2000 and up to $2,431,012 in fiscal 18,456
year 2001 may be used to support tech prep consortia. 18,457
Of the foregoing appropriation item 200-545, Vocational 18,459
Education Enhancements, up to $4,270,030 in fiscal year 2000 and 18,460
up to $4,483,531 in fiscal year 2001 shall be used by the 18,461
Department of Education to fund competitive grants to tech prep 18,462
consortia that expand the number of students enrolled in tech 18,463
prep programs. Such grant funds shall be used to directly
support expanded tech prep programs provided to students enrolled 18,464
in school districts, including joint vocational school districts. 18,465
If federal funds for vocational education cannot be used 18,468
393
for local school district leadership without being matched by 18,469
state funds, then an amount as determined by the Superintendent 18,470
of Public Instruction shall be made available from state funds 18,472
appropriated for vocational education. If any state funds are 18,473
used for this purpose, federal funds in an equal amount shall be 18,474
distributed for vocational education in accordance with
authorization of the state plan for vocational education for Ohio 18,475
as approved by the Secretary of the United States Department of 18,477
Education.
Of the foregoing appropriation item 200-545, Vocational 18,479
Education Enhancements, $6,144,277 in fiscal year 2000 and 18,481
$6,451,490 in fiscal year 2001 shall be used to enable students
to develop career plans, to identify initial educational and 18,483
career goals, and to develop a career passport which provides a 18,484
clear understanding of the student's knowledge, skills, and 18,485
credentials to present to future employers, universities, and 18,486
other training institutes. The amount shall be allocated to
school districts pursuant to guidelines developed by the 18,489
Department of Education for programs described in section 18,490
3313.607 of the Revised Code for children in the kindergarten 18,492
through twelfth grades. Funds so allocated shall be used for
educational materials, services, career information, curriculum 18,493
development, staff development, mentorships, career exploration, 18,494
and career assessment instruments as needed to develop 18,495
individualized career plans and passports.
Of the foregoing appropriation item 200-545, Vocational 18,497
Education Enhancements, $5,188,703 in fiscal year 2000 and 18,498
$5,707,573 in fiscal year 2001 shall be used to provide an amount 18,500
to each eligible school district for the replacement or updating 18,501
of equipment essential for the instruction of students in job 18,502
skills taught as part of a vocational program or programs
approved for such instruction by the State Board of Education. 18,504
School districts replacing or updating vocational education 18,505
equipment may purchase or lease such equipment. The Department 18,506
394
of Education shall review and approve all equipment requests and 18,507
may allot appropriated funds to eligible school districts on the 18,509
basis of the number of units of vocational education in all 18,510
eligible districts making application for funds. 18,511
The State Board of Education may adopt standards of need 18,514
for equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education, appropriated 18,516
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 18,517
be provided to a school district on a 30, 40, or 50 per cent of 18,518
cost on the basis of a district vocational priority index rating 18,519
developed by the Department of Education for all districts each 18,521
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 18,522
shall include other socio-economic factors as determined by the 18,523
State Board of Education. 18,524
Of the foregoing appropriation item 200-545, Vocational 18,526
Education Enhancements, up to $400,000 in fiscal year 2000 may be 18,529
used to pay for transitional funding to low-wealth joint
vocational school districts. This transitional funding is for 18,530
fiscal year 2000 only. For fiscal year 2000, joint vocational 18,531
school districts with adjusted recognized valuation per pupil 18,532
equal to or less than $3,000,000 are guaranteed to receive at 18,533
least a 2.8 per cent increase in state aid received under section
3317.16 of the Revised Code less divisions (E) and (F) and under 18,534
division (R) of section 3317.024 of the Revised Code over the 18,535
amount the district received in fiscal year 1999 under the 18,536
version of section 3317.16 of the Revised Code in effect for that 18,537
year plus the amount the district received under section 3317.162 18,538
of the Revised Code in effect for that year and minus the amounts
received that year for driver education and adult education. No 18,540
district that receives transitional funding under this paragraph 18,542
shall receive more than $150,000 in fiscal year 2000. 18,543
Section 4.17. Charge-Off Supplement 18,545
395
The foregoing appropriation item 200-546, Charge-Off 18,547
Supplement, shall be used by the Department of Education to make 18,548
payments pursuant to section 3317.0216 of the Revised Code. 18,549
Power Equalization 18,551
The foregoing appropriation item 200-547, Power 18,553
Equalization, shall be used by the Department of Education to 18,554
make payments pursuant to section 3317.0215 of the Revised Code. 18,555
Reading Improvement 18,557
The foregoing appropriation item 200-551, Reading 18,559
Improvement, shall be used by the Department of Education to fund 18,560
the Reading Recovery Training Network, to cover the cost of 18,561
release time for the teacher trainers, and to provide grants to 18,562
districts to implement other reading improvement programs on a 18,564
pilot basis. Funds for this appropriation item may also be used 18,566
to conduct evaluations of the impact and effectiveness of Reading 18,567
Recovery and other reading improvement programs. 18,568
In addition, the Department of Education shall report to 18,570
the General Assembly and the Governor each fiscal year on the 18,571
progress that has been made in implementing these programs, 18,572
including an evaluation of the effectiveness of the programs. 18,573
Twenty per cent of the foregoing appropriation item 18,575
200-551, Reading Improvement, shall be used for the continuation 18,576
of a phonics demonstration project as described in Sub. H.B. 81 18,577
of the 121st General Assembly. The Department of Education may 18,579
make a portion of the funds for the demonstration project 18,580
available to additional school districts that want to participate 18,581
in the program that did not receive funding under the original 18,582
project authorized in Sub. H.B. 81 of the 121st General Assembly. 18,583
County MR/DD Boards-Vehicle Purchases 18,585
The foregoing appropriation item 200-552, County MR/DD 18,587
Boards Vehicle Purchases, shall be used to provide financial 18,588
assistance to MR/DD boards for the purchase of vehicles as 18,589
permitted in section 3317.07 of the Revised Code. 18,590
The foregoing appropriation item 200-553, County MR/DD 18,592
396
Boards Transportation Operating, shall be used to provide 18,593
financial assistance for transportation operating costs as 18,594
provided in section 3317.024 of the Revised Code. The 18,596
reimbursement rate shall be based on the rate defined in division
(D) of section 3317.022 of the Revised Code. 18,597
Emergency Loan Interest Subsidy 18,599
The foregoing appropriation item 200-558, Emergency Loan 18,601
Interest Subsidy, shall be used to provide a subsidy to school 18,603
districts receiving emergency school loans pursuant to section
3313.484 of the Revised Code. The subsidy shall be used to pay 18,604
these districts the difference between the amount of interest the 18,606
district is paying on an emergency loan, and the interest that 18,607
the district would have paid if the interest rate on the loan had 18,608
been two per cent.
Section 4.18. OhioReads Grants 18,610
Of the foregoing appropriation item 200-566, OhioReads 18,612
Grants, $20,000,000 each year shall be disbursed by the OhioReads 18,614
Office in the Department of Education at the direction of the 18,615
OhioReads Council, to provide classroom grants to public schools 18,616
in city, local, and exempted village school districts; community 18,617
schools; and educational service centers serving kindergarten 18,618
through fourth grade students. 18,619
Of the foregoing appropriation item 200-566, OhioReads 18,621
Grants, $5,000,000 each year shall be disbursed by the OhioReads 18,622
Office in the Department of Education at the direction of the 18,623
OhioReads Council, to provide community matching grants to 18,625
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 18,626
involvement.
Grants awarded by the OhioReads Council are intended to 18,628
improve reading outcomes, especially on the fourth grade reading 18,629
proficiency test.
School Improvement Incentive Grants 18,631
Of the foregoing appropriation item 200-570, School 18,633
397
Improvement Incentive Grants, $2,000,000 in each fiscal year 18,634
shall be used to provide grants of $25,000 per building for 18,636
improvements in reading performance based on selection criteria 18,637
developed by the OhioReads Council.
Of the foregoing appropriation items 200-570, School 18,639
Improvement Incentive Grants, $6,500,000 in each fiscal year 18,640
shall be used to provide grants of $25,000 each to elementary 18,642
schools and $50,000 each to middle schools, junior high schools, 18,643
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 18,644
on standards developed by the Department of Education. 18,645
Of the foregoing appropriation item 200-570, School 18,647
Improvement Incentive Grants, $500,000 in each fiscal year shall 18,648
be used to provide grants of $50,000 each to educational service 18,650
centers and joint vocational school districts for exemplary 18,651
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 18,652
on standards developed by the Department of Education. 18,653
Of the foregoing appropriation item 200-570, School 18,655
Improvement Incentive Grants, $1,000,000 in each fiscal year 18,656
shall be used to provide grants of $25,000 each to schools 18,658
selected for superior performance by BEST, Building Excellent
Schools for Today and the 21st Century. 18,659
Teacher Incentive Grants 18,661
The foregoing appropriation item 200-572, Teacher Incentive 18,663
Grants, shall be used by the Department of Education to pay 18,664
one-time stipends to qualified teachers of reading, mathematics, 18,665
and science. To be eligible, teacher applicants must hold a 18,666
valid teaching certificate; be employed by a city, local, 18,667
exempted village, or joint vocational school district; and be
certified by the district as necessary to meet an existing need 18,668
for teachers with a reading, mathematics, or science credential. 18,669
Individuals with an elementary school teaching certificate 18,671
that successfully complete a program for a reading endorsement, 18,672
398
and who successfully complete the examination prescribed by the 18,673
State Board of Education, shall be paid a stipend of $1,000. 18,674
Individuals with a high school teaching certificate that
successfully complete a program required to add mathematics or 18,675
science to that certificate, and who successfully complete the 18,676
mathematics or science examination prescribed by the State Board 18,677
of Education, shall be paid a stipend of $1,500. The variance in 18,678
stipend amounts reflects the variance in requirements to secure 18,679
the different credentials.
Character Education 18,681
Of the foregoing appropriation item 200-573, Character 18,683
Education, up to $50,000 in each fiscal year shall be used to 18,684
develop, produce, or otherwise obtain a distance learning 18,685
program, a video presentation, or other method of offering 18,686
instruction in character education to multiple school districts. 18,687
The program, presentation, or other method of instruction shall 18,688
be made available to all school districts. 18,689
The remainder of appropriation item 200-573, Character 18,691
Education, shall be used by the Department of Education to 18,693
provide matching grants of up to $50,000 each to school districts 18,694
to develop pilot character education programs.
Substance Abuse Prevention 18,696
Of the foregoing appropriation item 200-574, Substance 18,698
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 18,699
$2,120,000 in fiscal year 2001 shall be used for the Safe and 18,700
Drug Free Schools Coordinators Program. Of the foregoing 18,701
appropriation item 200-574, Substance Abuse Prevention, up to 18,702
$300,000 in each fiscal year of the biennium shall be used for 18,703
the Substance Abuse Prevention Student Assistance Program. The 18,704
Department of Education and the Department of Alcohol and Drug 18,705
Addiction Services shall jointly develop and approve a plan for 18,706
the expenditure of these funds including, but not limited to, the
development of position descriptions and training specifications 18,707
for safe and drug free schools coordinators. Safe and drug free 18,709
399
schools coordinators shall possess or be in the process of 18,710
obtaining credentials issued by the Ohio Credentialing Board for 18,711
Chemical Dependency Professionals or other credentials recognized 18,712
by that board.
12th Grade Proficiency Stipend 18,714
The foregoing appropriation item 200-575, 12th Grade 18,716
Proficiency Stipend, shall be used to fund a $500 scholarship to 18,717
each student who meets the requirements of section 3365.15 of the 18,718
Revised Code.
Within thirty days of the effective date of this section, 18,720
the Director of Budget and Management shall transfer the 18,721
appropriation for this program to the Ohio Board of Regents for 18,722
its administration.
River Valley School Environmental Issues 18,724
The foregoing appropriation item 200-580, River Valley 18,726
School Environmental Issues, shall be used to assist with costs 18,727
arising from environmental assessment and clean-up of potential 18,728
environmental contamination of school facilities of the River 18,729
Valley Local School District.
Auxiliary Services Mobile Repair 18,731
Notwithstanding section 3317.064 of the Revised Code, if 18,733
the unobligated cash balance is sufficient, the Treasurer of 18,734
State shall transfer $1,500,000 in fiscal year 2000 within thirty 18,735
days of the effective date of this section and $1,500,000 in 18,736
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 18,737
Personnel Unemployment Compensation Fund to the Department of 18,738
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 18,739
Within 30 days after the effective date of this section, 18,741
the Superintendent of Public Instruction shall certify to the 18,742
Director of Budget and Management the amount of cash to be 18,743
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 18,744
Educational Grants Fund, Fund 620.
Coordinated School Health and AIDS Education 18,746
The Department of Education shall not commit or spend any 18,748
400
moneys from appropriation item 200-625, Coordinated School 18,749
Health, or appropriation item 200-668, AIDS Education, for 18,750
activities in preparation for or during the 1999-2000 school year 18,751
or for the 2000-2001 school year until the General Assembly has 18,752
approved program plans for these purposes through the adoption of
a concurrent resolution. Before the House of Representatives or 18,753
the Senate votes on a concurrent resolution approving program 18,754
plans, its standing committee having principal jurisdiction over 18,755
primary and secondary education legislation shall conduct at 18,756
least one public hearing on the program plans. Tobacco use 18,757
prevention programs and dental health programs are exempt from
these requirements. 18,758
Section 4.19. Lottery Profits Education Fund 18,761
Appropriation item fund 017 200-612, Base Cost Funding, 18,764
shall be used in conjunction with GRF appropriation item 200-501, 18,765
Base Cost Funding, to provide payments to school districts
pursuant to Chapter 3317. of the Revised Code. 18,767
Of the foregoing appropriation item fund 017 200-612, Base 18,770
Cost Funding, $25,000,000 in each fiscal year shall be used from 18,771
the funds transferred from the Unclaimed Prizes Trust Fund 18,772
pursuant to the section entitled "Transfers from the Unclaimed 18,773
Prizes Fund" of this act.
The Department of Education, with the approval of the 18,775
Director of Budget and Management, shall determine the monthly 18,776
distribution schedules of the GRF appropriation item 200-501 and 18,777
fund 017 appropriation item 200-610. If adjustments to the 18,778
monthly distribution schedule are necessary, the Department of 18,780
Education shall make such adjustments with the approval of the 18,781
Director of Budget and Management. 18,782
The Director of Budget and Management shall transfer via 18,784
intrastate transfer voucher the amount appropriated under the 18,786
Lottery Profits Education Fund for appropriation item 200-682, 18,787
Lease Rental Payment Reimbursement, to the General Revenue Fund 18,788
on a schedule determined by the director. These funds shall
401
support the GRF appropriation item 230-428, Lease Rental 18,790
Payments, of the School Facilities Commission. 18,791
Lottery Profits Transfers* 18,793
On the 15th day of May of each fiscal year, the Director of 18,795
Budget and Management shall determine if lottery profits 18,796
transfers will meet the appropriation amounts from the Lottery 18,797
Profits Education Fund. 18,798
On or after the date specified in each fiscal year, if the 18,800
director determines that lottery profits will not meet 18,801
appropriations and if other funds are not available to meet the 18,802
shortfall, the Superintendent of Public Instruction shall take 18,803
the actions specified under the "Reallocation of Funds" section 18,805
of this act.
Transfers from the Unclaimed Prizes Fund 18,807
By January 15 of fiscal year 2000 and by January 15 of 18,809
fiscal year 2001, the Director of Budget and Management shall 18,811
transfer $25,000,000 from the State Lottery Commission's 18,812
Unclaimed Prizes Fund to the Lottery Profits Education Fund, to
be used solely for purposes specified in the Department of 18,813
Education's budget. Transfers of unclaimed prizes under this 18,814
provision shall not count as lottery profits in the determination 18,815
made concerning excess profits titled "Lottery Profits" under the 18,817
Department of Education in this act.
Child Nutrition Services 18,819
The foregoing appropriation item 200-651, Child Nutrition 18,821
Services, shall be used by the Department of Education to support 18,822
19 pilot programs to provide nutritional benefits to older 18,823
children enrolled in educational or enrichment activities. Such 18,824
appropriated amounts may not be used as matching funds. The 18,825
Director of Human Services and the Superintendent of Public 18,827
Instruction shall develop reporting guidelines on the use of 18,828
these moneys. The Department of Education shall assure that 18,829
children receiving these benefits meet TANF eligibility criteria. 18,830
Any fiscal year 2000 moneys from this transfer remaining unspent 18,831
402
on June 30, 2000, shall be transferred by the Director of Budget 18,832
and Management no later than August 1, 2000, to appropriation 18,833
item 600-411, TANF Federal Block Grant, in the Department of Job 18,834
and Family Services.
Teacher Certification and Licensure 18,836
The foregoing appropriation item 200-681, Teacher 18,838
Certification and Licensure, shall be used by the Department of 18,839
Education in each year of the biennium to administer teacher 18,840
certification and licensure functions pursuant to sections 18,841
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24 18,842
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and 18,843
3319.51 of the Revised Code. 18,844
Section 4.20. Property Tax Allocation 18,846
The Superintendent of Public Instruction shall not request 18,848
and the Controlling Board shall not approve the transfer of funds 18,849
from appropriation item 200-901, Property Tax 18,850
Allocation-Education, to any other appropriation line item. 18,851
School District Solvency Assistance 18,853
The foregoing appropriation item 200-687, School District 18,855
Solvency Assistance, shall be used to make advancements to school 18,857
districts to enable them to remain solvent pursuant to section
3316.20 of the Revised Code. Advancements shall be subject to 18,858
approval by the Controlling Board. Reimbursements from school 18,860
districts for any amounts advanced shall be made to the School 18,861
District Solvency Assistance Fund. 18,862
Section 4.21. Distribution Formulas* 18,864
The Department of Education shall report the following to 18,866
the Director of Budget and Management, the Legislative Office of 18,867
Education Oversight, and the Legislative Budget Officer of the 18,868
Legislative Service Commission: 18,869
(A) Changes in formulas for distributing state 18,871
appropriations, including administratively defined formula 18,872
factors; 18,873
(B) Discretionary changes in formulas for distributing 18,875
403
federal appropriations; 18,876
(C) Federally mandated changes in formulas for 18,878
distributing federal appropriations. 18,879
Any such changes shall be reported two weeks prior to the 18,881
effective date of the change. 18,882
Section 4.22. Educational Service Centers Funding 18,884
Notwithstanding division (B) of section 3317.11 of the 18,886
Revised Code, no funds shall be provided to an educational 18,887
service center in either fiscal year for any pupils of a city or 18,888
exempted village school district unless an agreement to provide 18,889
services under section 3313.843 of the Revised Code was entered
into by January 1, 1997, except that funds shall be provided to 18,890
an educational service center for any pupils of a city school 18,891
district if the agreement to provide services was entered into 18,892
within one year of the date upon which such district changed from 18,893
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2000 for the 18,894
purposes of division (B) of section 3317.11 of the Revised Code, 18,895
the department shall first distribute to each educational service 18,896
center $34 per pupil in its service center ADM, as defined in 18,897
that section. The remaining funds in the fiscal year shall be 18,898
distributed to each educational service center at a rate of $34 18,899
per pupil in its client ADM, as defined in that section, that is
attributable to each city and exempted village school district 18,900
that had entered into an agreement with an educational service 18,901
center for that fiscal year under section 3313.843 of the Revised 18,902
Code by January 1, 1997, in order of the dates on which such 18,903
agreements were entered into, beginning with the earliest such 18,904
date; except that any service center that received funds for the
pupils of a city or exempted village school district in fiscal 18,905
year 1999 shall receive funds for the pupils of such district in 18,906
fiscal year 2000 if such district has entered into an agreement 18,907
with that educational service center for that fiscal year. If 18,908
insufficient funds are appropriated in fiscal year 2001 for the 18,909
404
purposes of division (B) of section 3317.11 of the Revised Code, 18,910
the department shall first distribute to each educational service 18,911
center $35 per pupil in its service center ADM. The remaining 18,912
funds in the fiscal year shall be distributed to each educational 18,913
service center at a rate of $35 per pupil in its client ADM 18,914
attributable to each city and exempted village school district 18,915
that had entered into an agreement with an educational service 18,916
center for that fiscal year under section 3313.843 of the Revised 18,917
Code by January 1, 1997, in order of the dates on which such 18,918
agreements were entered into, beginning with the earliest such 18,919
date; except that any educational service center that received 18,920
funds for the pupils in the ADM of a city or exempted village
school district in both fiscal years 1999 and 2000 shall receive 18,921
funds for the pupils of such district in fiscal year 2001 if such 18,922
district has entered into an agreement with that educational 18,923
service center for that fiscal year.
Section 4.23. Distribution-School District Subsidy 18,925
Payments 18,926
The provisions of this section shall not take effect unless 18,929
the Director of Budget and Management adopts an order putting 18,930
them into effect and certifies a copy of the order to the 18,931
Superintendent of Public Instruction and the Controlling Board. 18,932
Notwithstanding any other provision of the Revised Code, 18,934
the monthly distribution of payments made to school districts and 18,935
educational service centers pursuant to section 3317.01 of the 18,936
Revised Code for the first six months of each fiscal year shall 18,938
equal, as nearly as possible, six and two-thirds per cent of the 18,939
estimate of the amounts payable for each fiscal year. The 18,940
monthly distribution of payments for the last six months of each 18,941
fiscal year shall equal, as nearly as possible, ten per cent of 18,942
the final calculation of the amounts payable to each school 18,943
district for that fiscal year.
The treasurer of each school district or educational 18,945
service center may accrue, in addition to the payments defined in 18,947
405
this section, to the accounts of the calendar years that end 18,948
during each fiscal year, the difference between the sum of the 18,949
first six months' payments in each fiscal year and the amounts 18,950
the district would have received had the payments been made in, 18,951
as nearly as possible in each fiscal year, twelve equal monthly 18,952
payments.
Notwithstanding the limitations on the amount of borrowing 18,954
and time of payment provided for in section 133.10 of the Revised 18,955
Code but subject to the provisions of sections 133.26 and 133.30 18,956
of the Revised Code, a board of education of a school district 18,957
may at any time between July 1, 1999, and December 31, 1999, or 18,958
at any time between July 1, 2000, and December 31, 2000, borrow 18,959
money to pay any necessary and actual expenses of the school 18,960
district during the last six months of calendar years 1999 and 18,961
2000 and in anticipation of the receipt of any portion of the 18,962
payments to be received by that district in the first six months 18,963
of calendar years 2000 and 2001 representing the respective 18,964
amounts accrued pursuant to the preceding paragraph, and issue 18,965
notes to evidence that borrowing to mature no later than the 18,966
thirtieth day of June of the calendar year following the calendar 18,967
year in which such amount was borrowed. The principal amount 18,968
borrowed in the last six months of calendar years 1999 or 2000 18,969
under this paragraph may not exceed the entire amount accrued or 18,970
to be accrued by the district treasurer in those calendar years 18,971
pursuant to the preceding paragraph. The proceeds of the notes 18,972
shall be used only for the purposes for which the anticipated 18,973
receipts are lawfully appropriated by the board of education. No 18,974
board of education shall be required to use the authority granted 18,975
by this paragraph. The receipts so anticipated, and additional 18,976
amounts from distributions to the districts in the first six 18,977
months of calendar years 2000 and 2001 pursuant to Chapter 3317. 18,978
of the Revised Code needed to pay the interest on the notes, 18,979
shall be deemed appropriated by the board of education to the 18,980
extent necessary for the payment of the principal of and interest 18,981
406
on the notes at maturity, and the amounts necessary to make those 18,982
monthly distributions are hereby appropriated from the General 18,983
Revenue Fund. For the purpose of better ensuring the prompt 18,984
payment of principal of and interest on the notes when due, the 18,985
resolution of the board of education authorizing the notes may 18,986
direct that the amount of the receipts anticipated, together with 18,987
those additional amounts needed to pay the interest on the 18,988
borrowed amounts, shall be deposited and segregated, in trust or 18,989
otherwise, to the extent, at the time or times, and in the manner 18,990
provided in that resolution. The borrowing authorized by this 18,991
section shall not constitute debt for purposes of section 133.04 18,992
of the Revised Code. School districts shall be reimbursed by the 18,993
state for all necessary and actual costs to districts arising 18,994
from this provision, including, without limitation, the interest 18,995
paid on the notes while the notes are outstanding. The 18,996
Department of Education shall adopt rules that are not 18,997
inconsistent with this section for school district eligibility 18,998
and application for reimbursement of such costs. Payments of 18,999
these costs shall be made out of any anticipated balances in 19,000
appropriation items distributed under Chapter 3317. of the 19,001
Revised Code. The department shall submit all requests for 19,002
reimbursement under these provisions to the Controlling Board for 19,003
approval. 19,004
During the last six months of each calendar year, instead 19,006
of deducting the amount the Superintendent of Public Instruction 19,007
would otherwise deduct from a school district's or educational 19,009
service center's state aid payments in accordance with the 19,010
certifications made for such year pursuant to sections 3307.56 19,011
and 3309.51 of the Revised Code, the superintendent shall deduct 19,013
an amount equal to forty per cent of the amount so certified. 19,014
The secretaries of the retirement systems shall compute the 19,015
certifications for the ensuing year under such sections as if the 19,016
entire amounts certified as due in the calendar year ending the 19,017
current fiscal year, but not deducted pursuant to this paragraph, 19,018
407
had been deducted and paid in that calendar year. During the 19,019
first six months of the ensuing calendar year, in addition to 19,020
deducting the amounts the Superintendent of Public Instruction is 19,021
required to deduct under such sections during such period, the 19,022
superintendent shall deduct from a district's or educational 19,023
service center's state aid payments an additional amount equal to 19,025
the amount that was certified as due from the district for the 19,026
calendar year that ends during the fiscal year, but that was not 19,027
deducted because of this paragraph. The superintendent's 19,028
certifications to the Director of Budget and Management during 19,029
the first six months of the calendar year shall reflect such 19,030
additional deduction.
Section 4.24. Reallocation of Funds 19,032
(A) As used in this section: 19,034
(1) "Basic aid" means the amount calculated for the school 19,037
district received for the fiscal year under divisions (A) and (C) 19,038
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029, 19,040
3317.0212, and 3317.0213 of the Revised Code and the amount 19,041
computed for a joint vocational school district under section 19,042
3317.16 of the Revised Code.
(2) "Nonbasic aid" means the amount computed for a school 19,045
district for fiscal year 2000 or fiscal year 2001 under Chapter 19,046
3317. of the Revised Code and this act, excluding the district's 19,047
basic aid and the amount computed under such chapter and acts for 19,048
educational service centers, MR/DD boards, and institutions. 19,049
(B) If in either fiscal year of the biennium the Governor 19,051
issues an order under section 126.05 of the Revised Code to 19,052
reduce expenditures and incurred obligations and the order 19,053
requires the superintendent to reduce such state education 19,054
payments, or if lottery profits transfers are insufficient to 19,056
meet the amounts appropriated from the Lottery Profits Education 19,057
Fund for base cost funding, and if other funds are not sufficient 19,058
to offset the shortfall, the superintendent shall reduce nonbasic 19,060
aid payments so that the total amount expended in the fiscal year 19,061
408
will not exceed the amount available for expenditure pursuant to 19,062
the Governor's order. Subject to Controlling Board approval, the 19,063
superintendent shall reallocate appropriations not yet expended 19,064
from one program to another. 19,065
(C)(1) If further reductions in nonbasic aid are necessary 19,068
following the reallocations implemented pursuant to division (B) 19,069
of this section, the superintendent shall request the Controlling 19,070
Board to approve the use of the money appropriated by this 19,071
division. The superintendent shall include with the 19,072
superintendent's request a report listing the amount of
reductions that each school district will receive if the request 19,073
is not approved, and also the amount of the reduction, if any, 19,074
that will still be required if the use of the money appropriated 19,075
by this section is approved.
(2) In accordance with division (C)(1) of this section, 19,077
there is hereby appropriated to the Department of Education from 19,078
the unobligated balance remaining in the Lottery Profits 19,079
Education Fund at the end of fiscal year 1999 the lesser of: the 19,080
unobligated balance in the fund, or the amount needed to preclude 19,082
a reallocation pursuant to this section. The money appropriated 19,083
by this division may be spent or distributed by the department 19,084
only with the approval of the Controlling Board. 19,085
(D) If reductions in nonbasic aid are still necessary 19,088
following the actions taken pursuant to divisions (B) and (C) of 19,089
this section, the superintendent shall determine by what 19,090
percentage expenditures for nonbasic aid must be reduced for the 19,091
remainder of the fiscal year to make the total amount distributed 19,092
for the year equal the amount appropriated or available for 19,093
distribution. The superintendent shall reduce by that percentage 19,094
the amount to be paid in nonbasic aid to each city, exempted 19,095
village, local, and joint vocational school district, to each 19,096
educational service center, to each county board of mental 19,097
retardation and developmental disabilities, and to each 19,098
institution providing special education programs under section 19,099
409
3323.091 of the Revised Code for the remainder of the fiscal 19,100
year.
Section 4.25. Lottery Profits 19,102
(A) There is hereby created the Lottery Profits Education 19,104
Reserve Fund (Fund 018) in the State Treasury. At no time shall 19,105
the amount to the credit of the fund exceed $75,000,000. 19,106
Investment earnings of the Lottery Profits Education Reserve Fund 19,107
shall be credited to the fund. Notwithstanding any provisions of 19,108
law to the contrary, for fiscal years 2000 and 2001, there is 19,109
hereby appropriated to the Department of Education, from the 19,110
Lottery Profits Education Reserve Fund, an amount necessary to 19,111
make loans authorized by sections 3317.0210, 3317.0211, and 19,112
3317.62 of the Revised Code. All loan repayments from loans made 19,113
in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 19,114
shall be deposited into the credit of the Lottery Profits 19,115
Education Reserve Fund.
(B)(1) On or before July 15, 1999, the Director of Budget 19,117
and Management shall determine the amount by which lottery profit 19,118
transfers received by the Lottery Profits Education Fund for 19,119
fiscal year 1999 exceed $688,873,028. The amount so certified 19,121
shall be distributed in fiscal year 2000 pursuant to divisions 19,123
(C) and (D) of this section.
(2) On or before July 15, 2000, the Director of Budget and 19,125
Management shall determine the amount by which lottery profit 19,126
transfers received by the Lottery Profits Education Fund for 19,127
fiscal year 2000 exceed $661,000,000. The amount so determined 19,128
shall be distributed in fiscal year 2001 pursuant to divisions 19,129
(E) and (F) of this section. 19,130
The Director of Budget and Management shall annually 19,132
certify the amounts determined pursuant to this section to the 19,133
Speaker of the House of Representatives and the President of the 19,134
Senate.
(C) Not later than June 15, 2000, the Department of 19,136
Education, in consultation with the Director of Budget and 19,137
410
Management, shall determine, based upon estimates, if a 19,138
reallocation of funds as described in the section of this act 19,139
titled "Reallocation of Funds" is required. 19,140
If a reallocation of funds is required, then the 19,142
Superintendent of Public Instruction shall request Controlling 19,143
Board approval for a release of any balances in the Lottery 19,144
Profits Education Fund available for the purpose of this division 19,145
and pursuant to divisions (C)(1) and (2) of the section of this 19,146
act titled "Reallocation of Funds." Any moneys so released are 19,147
hereby appropriated. 19,148
(D) In fiscal year 2000, if the Department of Education 19,150
does not determine that a reallocation of funds is necessary by 19,151
the fifteenth day of June, as provided in division (C) of this 19,153
section, or if there is a balance in the Lottery Profits 19,154
Education Fund after the release of any amount needed to preclude 19,155
a reallocation of funds as provided in division (C) of this 19,156
section, the moneys in the Lottery Profits Education Fund shall 19,157
be allocated as provided in this division. Any amounts so 19,158
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 19,160
profits of $688,873,028 in fiscal year 1999 or the amount 19,161
remaining in the fund, whichever is the lesser amount, shall be 19,162
transferred to the Lottery Profits Education Reserve Fund within 19,163
the limitations specified in division (A) of this section and be 19,164
reserved and shall not be available for allocation or 19,165
distribution during fiscal year 2000. Any amounts exceeding 19,166
$75,000,000 shall be distributed pursuant to division (G) of this 19,167
section. 19,168
(E) Not later than June 15, 2001, the Department of 19,170
Education, in consultation with the Director of Budget and 19,171
Management, shall determine, based upon estimates, if a 19,172
reallocation of funds as described in the section of this act 19,173
titled "Reallocation of Funds" is required. 19,174
If a reallocation of funds is required, then the 19,176
411
Superintendent of Public Instruction shall request Controlling 19,177
Board approval for a release of any balances in the Lottery 19,178
Profits Education Fund available for the purpose of this division 19,179
and pursuant to divisions (C)(1) and (2) of the section of this 19,180
act titled "Reallocation of Funds." Any moneys so released are 19,181
hereby appropriated. 19,182
(F) In fiscal year 2001, if the Department of Education 19,184
does not determine that a reallocation of funds is necessary by 19,185
the fifteenth day of June, as provided in division (E) of this 19,187
section, or if there is a balance in the Lottery Profits 19,188
Education Fund after the release of any amount needed to preclude 19,189
a reallocation of funds as provided in division (E) of this 19,190
section, the moneys in the Lottery Profits Education Fund shall 19,191
be allocated as provided in this division. Any amounts so 19,192
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 19,194
profits transfers of $661,000,000 in fiscal year 2000 or the 19,195
amount remaining in the fund, whichever is the lesser amount, 19,196
shall be transferred to the Lottery Profits Education Reserve 19,197
Fund within the limitations specified in division (A) of this 19,198
section and be reserved and shall not be available for allocation 19,199
or distribution during fiscal year 2001. Any amounts exceeding 19,200
$75,000,000 shall be distributed pursuant to division (G) of this 19,202
section.
(G) In the appropriate fiscal year, any remaining amounts 19,204
after the operations required by division (D) or (F) of this 19,205
section, respectively, shall be transferred to the Public School 19,206
Building Fund (Fund 021) and such amount is hereby appropriated 19,207
to appropriation item CAP-622, Public School Buildings, in the 19,208
School Facilities Commission.
Section 4.26.* For the school year commencing July 1, 19,210
1999, or the school year commencing July 1, 2000, or both, the 19,211
Superintendent of Public Instruction may waive for the board of 19,212
education of any school district the ratio of teachers to pupils 19,213
412
in kindergarten through fourth grade required under paragraph 19,214
(A)(3) of rule 3301-35-03 of the Administrative Code if the 19,215
following conditions apply: 19,216
(A) The board of education requests the waiver; 19,218
(B) After the Department of Education conducts an on-site 19,220
evaluation of the district related to meeting the required ratio, 19,221
the board of education demonstrates to the satisfaction of the 19,222
Superintendent of Public Instruction that providing the 19,224
facilities necessary to meet the required ratio during the 19,225
district's regular school hours with pupils in attendance would 19,226
impose an extreme hardship on the district; 19,227
(C) The board of education provides assurances that are 19,229
satisfactory to the Superintendent of Public Instruction that the 19,230
board will act in good faith to meet the required ratio as soon 19,231
as possible. 19,232
Section 4.27.* Teacher and Nonteacher Salary Schedules 19,234
(A) As used under this heading: 19,236
(1) "Teachers' salary schedule" means the salary schedule 19,239
adopted pursuant to section 3317.14 of the Revised Code, except 19,240
that it does not include any separate salary level for teachers 19,241
with twelve or more years of service or for any separate level of 19,242
training and experience except those levels separately set forth 19,243
in the salary schedule in section 3317.13 of the Revised Code. 19,244
(2) "Nonteaching salary schedule" means the salary 19,247
schedule adopted pursuant to section 3317.12 of the Revised Code. 19,248
(B) If the salary for any number of years of service at 19,250
any level of training and experience in a board of education's 19,251
teachers' salary schedule that was in effect on June 30, 1994, 19,252
was less than the amount required for that number of years of 19,253
service at that level in order to be in compliance with the 19,254
minimum salary requirements imposed by this act for the 1994-1995 19,255
school year, that board shall increase the salaries for each 19,256
position classification and level of service in the nonteaching 19,257
salary schedule for the 1994-1995 school year as follows: 19,258
413
(1) Add the salaries at each level of training and 19,260
experience in the teachers' salary schedule that was in effect on 19,261
June 30, 1994. 19,262
(2) At each level of training and experience, increase the 19,264
salary in the June 30, 1994, teachers' salary schedule if an 19,265
increase is required for the 1994-1995 school year in order to 19,266
bring that schedule into compliance with this act, but do not 19,267
increase the salary to more than the minimum amount required to 19,268
be in compliance. 19,269
(3) Recompute division (B)(1) under this heading, 19,271
substituting the increased salaries included in division (B)(2) 19,272
under this heading. 19,273
(4) Divide the sum obtained in division (B)(3) under this 19,275
heading by the sum obtained in division (B)(1) under this 19,276
heading. 19,277
(5) Multiply the salary for each position classification 19,279
and level of service included in the nonteaching salary schedule 19,280
by the quotient obtained in division (B)(4) under this heading. 19,281
No school district affected by this division shall pay any 19,283
nonteaching school employee for the 1994-1995 school year at a 19,284
rate that is less than that to which the employee would be 19,285
entitled if the employee were paid under the adjusted nonteaching 19,287
salary schedule computed under division (B)(5) of this heading. 19,288
Section 4.28.* Notwithstanding any provision of division 19,290
(F) of section 3311.06 of the Revised Code limiting interdistrict 19,293
payments under annexation agreements to amounts certified under 19,294
former section 3317.029 of the Revised Code, a party to an 19,295
annexation agreement entered into prior to the effective date of 19,296
this section which contains an agreement to pay, in respect of
its territory which is annexed territory, an amount which exceeds 19,297
or exceeded the amount certified under former section 3317.029 of 19,298
the Revised Code may pay such agreed amount, if the agreement 19,299
expressly states the intention of the parties not to be bound by 19,300
such limitation if so permitted by law. 19,301
414
Section 4.29. Private Treatment Facility Pilot Project 19,303
(A) As used in this section: 19,305
(1) The following are "participating residential treatment 19,307
centers":
(a) Private residential treatment facilities which have 19,309
entered into a contract with the Ohio Department of Youth 19,310
Services to provide services to children placed at the facility 19,311
by the department and which, in fiscal year 2000 or 2001 or both, 19,313
the department pays through appropriation item 470-401, Care and 19,314
Custody;
(b) Abraxas, in Shelby; 19,316
(c) Paint Creek, in Bainbridge; 19,318
(d) Act One, in Akron; 19,320
(e) Friars Club, in Cincinnati. 19,322
(2) "Education program" means an elementary or secondary 19,324
education program or a special education program and related 19,325
services. 19,326
(3) "Served child" means any child receiving an education 19,328
program pursuant to division (B) of this section. 19,329
(4) "School district responsible for tuition" means a 19,331
city, exempted village, or local school district that, if tuition 19,332
payment for a child by a school district is required under law 19,333
that existed in fiscal year 1998, is the school district required 19,335
to pay that tuition.
(5) "Residential child" means a child who resides in a 19,337
participating residential treatment center and who is receiving 19,338
an educational program under division (B) of this section. 19,339
(B) A youth who is a resident of the state and has been 19,342
assigned by a juvenile court or other authorized agency to a 19,343
residential treatment facility specified in division (A) of this 19,344
section shall be enrolled in an approved educational program
located in or near the facility. Approval of the educational 19,346
program shall be contingent upon compliance with the criteria 19,347
established for such programs by the Department of Education. 19,348
415
The educational program shall be provided by a school district or 19,350
educational service center, or by the residential facility 19,351
itself. Maximum flexibility shall be given to the residential 19,352
treatment facility to determine the provider. In the event that 19,353
a voluntary agreement cannot be reached and the residential 19,354
facility does not choose to provide the educational program, the 19,355
educational service center in the county in which the facility is 19,356
located shall provide the educational program at the treatment 19,357
center to children under the age of twenty-two years residing in 19,358
the treatment center.
(C) Any school district responsible for tuition for a 19,361
residential child shall, notwithstanding any conflicting 19,362
provision of the Revised Code regarding tuition payment, pay 19,363
tuition for the child for fiscal years 2000 and 2001 to the 19,364
education program provider and in the amount specified in this 19,365
division. If there is no school district responsible for tuition 19,366
for a residential child and if the participating residential 19,367
treatment center to which the child is assigned is located in the 19,368
city, exempted village, or local school district that, if the 19,369
child were not a resident of that treatment center, would be the 19,370
school district where the child is entitled to attend school 19,371
under sections 3313.64 and 3313.65 of the Revised Code, that 19,372
school district shall, notwithstanding any conflicting provision 19,373
of the Revised Code, pay tuition for the child for fiscal years 19,374
2000 and 2001 under this division unless that school district is 19,375
providing the educational program to the child under division (B) 19,376
of this section.
A tuition payment under this division shall be made to the 19,378
school district, educational service center, or residential 19,379
treatment facility providing the educational program to the 19,380
child. 19,381
The amount of tuition paid shall be: 19,383
(1) The amount of tuition determined for the district 19,385
under division (A) of section 3317.08 of the Revised Code; 19,386
416
(2) In addition, for any student receiving special 19,388
education pursuant to an individualized education program as 19,389
defined in section 3323.01 of the Revised Code, a payment for 19,390
excess costs. This payment shall equal the actual cost to the 19,391
school district, educational service center, or residential
treatment facility of providing special education and related 19,392
services to the student pursuant to the student's individualized 19,393
education program, minus the tuition paid for the child under 19,394
division (C)(1) of this section. 19,395
A school district paying tuition under this division shall 19,397
not include the child for whom tuition is paid in the district's 19,398
average daily membership certified under division (A) of section 19,399
3317.03 of the Revised Code.
(D) In each of fiscal years 2000 and 2001, the Department 19,401
of Education shall reimburse, from appropriations made for the 19,402
purpose, a school district, educational service center, or 19,403
residential treatment facility, whichever is providing the 19,404
service, which has demonstrated that it is in compliance with the 19,405
funding criteria for each served child for whom a school district 19,406
must pay tuition under division (C) of this section. The amount 19,407
of this reimbursement in either fiscal year shall be the formula 19,409
amount specified in section 3317.022 of the Revised Code except 19,410
that the department shall proportionately reduce this 19,411
reimbursement if sufficient funds are not available to pay this 19,412
amount to all qualified providers.
(E) Funds provided to a school district, educational 19,414
service center, or residential treatment facility under this 19,415
section shall be used to supplement, not supplant, funds from 19,416
other public sources for which the school district, service 19,418
center, or residential treatment facility is entitled or 19,419
eligible.
(F) The Department of Education shall track the 19,421
utilization of funds provided to school districts, educational 19,423
service centers, and residential treatment facilities under this 19,424
417
section and monitor the effect of the funding on the educational 19,425
programs they provide in participating residential treatment 19,426
facilities. The department shall monitor the programs for
educational accountability. 19,427
Section 4.30. School District Participation in National 19,429
Assessment of Education Progress 19,430
The General Assembly intends for the Superintendent of 19,432
Public Instruction to provide for school district participation 19,433
in the administration of the National Assessment of Education 19,435
Progress in fiscal years 2000 and 2001 in accordance with section 19,436
3301.27 of the Revised Code.
Section 4.31. Notwithstanding Chapter 3318. of the Revised 19,439
Code, for purposes of complying with the local share and
repayment tax requirements of section 3318.05 of the Revised 19,440
Code, any school district given conditional approval for 19,441
classroom facilities assistance under section 3318.04 of the 19,442
Revised Code as of January 1, 1993, that approved a replacement 19,443
permanent improvement levy at the November 5, 1996, election 19,444
shall be permitted to use the proceeds of such levy, and any 19,445
notes issued or to be issued in anticipation thereof, as 19,446
available funds, within the meaning specified under section 19,447
3318.03 of the Revised Code, to pay the local share of the cost 19,448
of the approved classroom facilities project. Notwithstanding 19,449
the local share as previously determined for purposes of the 19,450
conditional approval of the project, the local share shall be 19,451
equal to the amount of proceeds to be obtained by the district 19,452
under such replacement permanent improvement levy. Such school 19,453
districts shall not be required to obtain approval of either of 19,454
the propositions described in divisions (A) or (B) of section 19,455
3318.051 of the Revised Code. The agreement required under 19,456
section 3318.08 of the Revised Code for the construction and sale 19,458
of the project shall include provisions for the transfer of the 19,459
proceeds of the replacement permanent improvement levy, and any 19,460
notes issued in anticipation thereof, to the school district's 19,461
418
project construction account, and for the levy of the replacement 19,462
permanent improvement levy.
Section 4.32. Study of EDFLEX ACT 19,464
Staff members from the Legislative Service Commission, the 19,466
Legislative Budget Office of the Legislative Service Commission, 19,467
and the Legislative Office of Education Oversight shall jointly 19,468
study the Department of Education's current pilot implementation 19,469
of the federal "EDFLEX" concept and the new opportunities and 19,470
options now available under the federal EDFLEX Act. The study
shall also examine and recommend courses of action on how duties, 19,471
responsibilities, and funding could best be redivided between the 19,472
state and school districts under the law and what federal 19,473
regulations or other requirements might be lessened or abolished. 19,474
In making recommendations, the authors shall utilize information 19,475
and recommendations from the department's reorganization review.
The report to the leaders of the Ohio House of Representatives 19,476
and the Ohio Senate and the education committee chairs and 19,478
ranking minority members of the two chambers shall be completed
one year after the federal regulations on the federal EDFLEX Act 19,479
are promulgated, but no later than November 15, 2000. 19,480
Section 4.33. Statewide Study of Professional Development 19,483
Delivery
The Legislative Office of Education Oversight shall conduct 19,485
a statewide assessment of professional development in the state. 19,486
The assessment shall include, but not be limited to, the 19,487
following:
(A) An examination of how professional development funds 19,489
are spent;
(B) A study of the types of professional development 19,491
programs funded with state moneys; 19,493
(C) A study of the role of local professional development 19,495
committees, established under section 3319.22 of the Revised 19,496
Code, in determining the expenditure of professional development 19,497
moneys;
419
(D) A study of whether Ohio school districts are using the 19,499
professional development strategies most likely to be effective 19,500
in improving student achievement. 19,501
The study shall encompass all facets of professional 19,503
development, including the role of higher education in assisting 19,505
with inservice training for veteran educators. 19,506
The study shall be completed and presented to the General 19,508
Assembly and the Governor not later than November 15, 2000. 19,509
Section 4.34. The Superintendent of Public Instruction 19,511
shall contract with an independent research entity to develop a 19,512
methodology and research design for an evaluation of the pilot 19,514
project approved pursuant to section 3313.975 of the Revised 19,515
Code. The independent research entity shall consult with the 19,516
Legislative Office of Education Oversight in the development of
the methodology and research for the evaluation. The evaluation 19,517
shall consist of two parts. The first part shall be a formative 19,518
evaluation examining the implementation of the program, which 19,519
shall be completed by December 31, 1997. The second part shall 19,520
be a comprehensive evaluation of the results of the program, 19,521
which shall be completed by September 1, 1999. The comprehensive 19,523
evaluation shall include at a minimum a study of the impact of
scholarships on student attendance, conduct, commitment to 19,524
education, and standardized test scores; parental involvement; 19,525
the school district's ability to provide services to district 19,526
students; and the availability of alternative educational 19,527
opportunities. The evaluation shall also study the economic 19,528
impact of scholarships on the school district. 19,529
Section 4.35. Notwithstanding division (C)(1) of new 19,531
section 3313.975 of the Revised Code, in addition to students in 19,532
kindergarten through third grade, initial scholarships may be 19,533
awarded to fourth, fifth, and sixth grade students in fiscal year 19,534
2000 and to fourth, fifth, sixth, and seventh grade students in
fiscal year 2001. 19,535
Section 5. HEF HIGHER EDUCATIONAL FACILITY COMMISSION 19,537
420
Agency Fund Group 19,539
461 372-601 Operating Expenses $ 12,000 $ 12,000 19,544
TOTAL AGY Agency Fund Group $ 12,000 $ 12,000 19,547
TOTAL ALL BUDGET FUND GROUPS $ 12,000 $ 12,000 19,550
Section 6. LOT STATE LOTTERY COMMISSION 19,553
State Lottery Fund Group 19,555
044 950-100 Personal Services $ 22,754,332 $ 23,095,613 19,560
044 950-200 Maintenance $ 24,644,625 $ 25,296,625 19,564
044 950-300 Equipment $ 3,841,880 $ 3,274,320 19,568
044 950-402 Game and Advertising 19,570
Contracts $ 63,542,098 $ 64,378,735 19,572
044 950-601 Prizes, Bonuses, and 19,574
Commissions $ 173,555,000 $ 172,025,000 19,576
871 950-602 Annuity Prizes $ 180,660,880 $ 190,243,265 19,580
872 950-603 Unclaimed Prize 19,582
Awards $ 14,500,000 $ 10,700,000 19,584
TOTAL SLF State Lottery Fund 19,585
Group $ 483,498,815 $ 489,013,558 19,588
TOTAL ALL BUDGET FUND GROUPS $ 483,498,815 $ 489,013,558 19,591
Operating Expenses 19,594
The foregoing appropriation items include all amounts 19,596
necessary for the purchase and printing of tickets, consultant 19,597
services, and advertising. The Controlling Board may, at the 19,598
request of the State Lottery Commission, authorize additional 19,599
appropriations for operating expenses of the State Lottery 19,600
Commission from the State Lottery Fund up to a maximum of 15 per 19,601
cent of anticipated total revenue accruing from the sale of 19,602
lottery tickets. Amounts authorized by the Controlling Board are 19,603
hereby appropriated. 19,604
Prizes, Bonuses, and Commissions 19,606
Any amounts, in addition to the amounts appropriated in 19,609
appropriation item 950-601, Prizes, Bonuses, and Commissions, 19,610
which are determined by the Director of the State Lottery
Commission to be necessary to fund prizes, bonuses, and 19,612
421
commissions are hereby appropriated.
Annuity Prizes 19,614
With the approval of the Office of Budget and Management, 19,616
the State Lottery Commission shall transfer cash from the State 19,617
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund 19,618
(Fund 871), in an amount sufficient to fund deferred prizes. The 19,619
Treasurer of State shall, from time to time, credit the Deferred 19,620
Prizes Trust Fund (Fund 871) the pro rata share of interest 19,621
earned by the Treasurer of State on invested balances. 19,622
Any amounts, in addition to the amounts appropriated in 19,625
appropriation item 950-602, Annuity Prizes, which are determined 19,626
by the Director of the State Lottery Commission to be necessary 19,627
to fund deferred prizes and interest earnings are hereby 19,629
appropriated.
Public Sector Gaming Study 19,631
If the Director of the State Lottery Commission deems it in 19,633
the best interest of the Ohio Lottery, the director is authorized 19,634
to contribute up to $10,000 to help fund research projects 19,635
concerning public-sector gaming. 19,636
Lottery Profit Review Commission 19,638
There is hereby created the Lottery Profit Review 19,640
Commission. The commission shall contain nine voting members: 19,641
the Director of Budget and Management or the director's designee; 19,642
the Executive Director of the Ohio Lottery Commission or the 19,643
Executive Director's designee; a member appointed by the
Governor; three members of the Senate appointed by the President 19,644
of the Senate; and three members of the House of Representatives 19,645
appointed by the Speaker of the House of Representatives. Not 19,646
more than two members of each house shall be members of the same 19,647
political party. The commission shall perform a comprehensive
review of sales and profits including, but not limited to, the 19,648
long-term fiscal commitment to education from the Ohio Lottery 19,649
Commission and shall issue a report to the Governor and the 19,650
General Assembly not later than March 1, 2000. Upon issuance of 19,651
422
its report, the commission shall cease to exist.
Section 7. BOR BOARD OF REGENTS 19,653
General Revenue Fund 19,655
GRF 235-321 Operating Expenses $ 3,106,261 $ 3,201,422 19,660
GRF 235-401 Rental Payments to 19,662
the Ohio Public
Facilities Commission $ 365,552,000 $ 377,490,000 19,664
GRF 235-402 Sea Grants $ 299,940 $ 299,940 19,668
GRF 235-403 Math/Science Teaching 19,670
Improvement $ 2,200,000 $ 1,700,000 19,672
GRF 235-404 College Readiness 19,674
Initiatives $ 2,650,000 $ 2,564,000 19,676
GRF 235-406 Articulation and 19,678
Transfer $ 1,000,000 $ 1,000,000 19,680
GRF 235-408 Midwest Higher 19,682
Education Compact $ 75,000 $ 75,000 19,684
GRF 235-409 Information System $ 1,389,819 $ 1,389,819 19,688
GRF 235-414 State Grants and 19,690
Scholarship
Administration $ 1,360,630 $ 1,401,449 19,692
GRF 235-415 Jobs Challenge $ 8,743,864 $ 10,979,694 19,696
GRF 235-417 Technology $ 4,000,000 $ 4,000,000 19,700
GRF 235-418 Access Challenge $ 35,313,691 $ 65,268,000 19,704
GRF 235-420 Success Challenge $ 20,068,104 $ 48,741,000 19,708
GRF 235-451 Eminent Scholars $ 0 $ 5,200,000 19,712
GRF 235-454 Research Challenge $ 19,436,382 $ 21,568,440 19,716
GRF 235-455 Productivity 19,718
Improvement Challenge $ 1,655,884 $ 1,695,625 19,720
GRF 235-474 AHEC Program Support $ 2,094,566 $ 2,094,565 19,724
GRF 235-477 Access Improvement 19,726
Projects $ 1,084,842 $ 1,110,879 19,728
GRF 235-501 Instructional Subsidy $1,601,259,165 $1,648,846,940 19,732
GRF 235-502 Student Support 19,734
Services $ 1,033,059 $ 1,057,853 19,736
423
GRF 235-503 Ohio Instructional 19,738
Grants $ 87,800,000 $ 98,031,000 19,740
GRF 235-504 War Orphans' 19,742
Scholarships $ 4,152,934 $ 4,517,037 19,744
GRF 235-507 OhioLINK $ 6,947,761 $ 7,668,731 19,748
GRF 235-508 Air Force Institute 19,750
of Technology $ 3,500,000 $ 3,500,000 19,752
GRF 235-509 Displaced Homemakers $ 244,996 $ 244,996 19,756
GRF 235-510 Ohio Supercomputer 19,758
Center $ 4,834,416 $ 4,932,218 19,760
GRF 235-511 Cooperative Extension 19,762
Service $ 26,643,306 $ 27,708,525 19,764
GRF 235-513 OU Voinovich Center $ 375,000 $ 375,000 19,768
GRF 235-514 Central State 19,770
Supplement $ 10,244,956 $ 10,744,956 19,772
GRF 235-515 CWRU School of 19,774
Medicine $ 4,181,578 $ 4,281,936 19,776
GRF 235-518 Capitol Scholarship 19,778
Programs $ 250,000 $ 250,000 19,780
GRF 235-519 Family Practice $ 6,229,607 $ 6,541,087 19,784
GRF 235-520 Shawnee State 19,786
Supplement $ 2,969,965 $ 2,824,000 19,788
GRF 235-521 OSU Glenn Institute $ 375,000 $ 375,000 19,792
GRF 235-523 Center for Labor 19,794
Research $ 95,000 $ 95,000 19,796
GRF 235-524 Police and Fire 19,798
Protection $ 244,996 $ 244,996 19,800
GRF 235-525 Geriatric Medicine $ 1,062,139 $ 1,087,630 19,804
GRF 235-526 Primary Care 19,806
Residencies $ 3,016,605 $ 3,167,435 19,808
GRF 235-527 Ohio Aerospace 19,810
Institute $ 2,374,973 $ 2,431,973 19,812
GRF 235-530 Academic Scholarships $ 8,000,000 $ 8,000,000 19,816
GRF 235-531 Student Choice Grants $ 43,025,389 $ 49,150,000 19,820
424
GRF 235-534 Student Workforce 19,822
Development Grants $ 0 $ 2,250,000 19,824
GRF 235-535 Agricultural Research 19,826
and Development
Center $ 36,673,910 $ 38,730,884 19,828
GRF 235-536 Ohio State University 19,830
Clinical Teaching $ 15,621,369 $ 15,996,281 19,832
GRF 235-537 University of 19,834
Cincinnati Clinical
Teaching $ 12,848,363 $ 13,156,724 19,836
GRF 235-538 Medical College of 19,838
Ohio at Toledo
Clinical Teaching $ 10,014,602 $ 10,254,953 19,840
GRF 235-539 Wright State 19,842
University Clinical
Teaching $ 4,865,290 $ 4,982,057 19,844
GRF 235-540 Ohio University 19,846
Clinical Teaching $ 4,703,423 $ 4,816,305 19,848
GRF 235-541 Northeastern Ohio 19,850
Universities College
of Medicine Clinical 19,851
Teaching $ 4,837,466 $ 4,953,565 19,853
GRF 235-543 OCPM Clinical Subsidy $ 500,000 $ 500,000 19,857
GRF 235-547 School of 19,859
International
Business $ 1,743,637 $ 1,743,637 19,861
GRF 235-549 Part-time Student 19,863
Instructional Grants $ 12,308,500 $ 12,677,750 19,865
GRF 235-552 Capital Component $ 11,143,055 $ 11,143,055 19,869
GRF 235-553 Dayton Area Graduate 19,871
Studies Institute $ 3,765,832 $ 3,856,212 19,873
GRF 235-554 Priorities in 19,875
Graduate Education $ 3,464,704 $ 3,553,437 19,877
GRF 235-555 Library Depositories $ 2,400,000 $ 2,000,000 19,881
425
GRF 235-556 Ohio Academic 19,883
Resource Network $ 3,227,819 $ 3,512,182 19,885
GRF 235-558 Long-term Care 19,887
Research $ 318,371 $ 318,371 19,889
GRF 235-561 BGSU Canadian Studies 19,891
Center $ 167,642 $ 167,642 19,893
GRF 235-572 Ohio State University 19,895
Clinic Support $ 1,943,328 $ 2,061,138 19,897
GRF 235-583 Urban University 19,899
Programs $ 8,192,284 $ 6,636,285 19,901
GRF 235-585 Ohio University 19,903
Innovation Center $ 49,745 $ 49,745 19,905
GRF 235-587 Rural University 19,907
Projects $ 1,298,070 $ 1,403,624 19,909
GRF 235-588 Ohio Resource Center 19,911
for Mathematics,
Science, and Reading $ 500,000 $ 1,000,000 19,913
GRF 235-595 International Center 19,915
for Water Resources
Development $ 189,381 $ 189,381 19,917
GRF 235-596 Hazardous Materials 19,919
Program $ 244,996 $ 244,996 19,921
GRF 235-599 National Guard 19,923
Tuition Grant Program $ 9,539,575 $ 13,842,740 19,925
TOTAL GRF General Revenue Fund $2,439,453,190 $2,595,897,110 19,928
General Services Fund Group 19,931
456 235-603 Publications $ 35,000 $ 35,000 19,936
TOTAL GSF General Services 19,937
Fund Group $ 35,000 $ 35,000 19,940
Federal Special Revenue Fund Group 19,943
3H2 235-608 Human Services 19,946
Project $ 974,506 $ 761,000 19,948
3N6 235-605 State Student 19,950
Incentive Grants $ 2,000,000 $ 2,000,000 19,952
426
3T0 235-610 NHSC Ohio Loan 19,954
Repayment $ 100,000 $ 100,000 19,956
312 235-609 Tech Prep $ 192,224 $ 211,450 19,960
312 235-631 Federal Grants $ 2,645,077 $ 2,645,077 19,964
TOTAL FED Federal Special Revenue 19,965
Fund Group $ 5,911,807 $ 5,717,527 19,968
State Special Revenue Fund Group 19,971
4E8 235-602 HEFC Administration $ 12,000 $ 12,000 19,976
4P4 235-604 Physician Loan 19,978
Repayment $ 396,255 $ 396,255 19,980
649 235-607 Ohio State University 19,982
Highway/Transportation 19,982
Research $ 500,000 $ 500,000 19,985
682 235-606 Nursing Loan Program $ 603,406 $ 618,241 19,989
TOTAL SSR State Special Revenue 19,990
Fund Group $ 1,511,661 $ 1,526,496 19,993
TOTAL ALL BUDGET FUND GROUPS $2,446,911,658 $2,603,176,133 19,996
Section 7.01. Instructional Subsidy Formula 19,999
As soon as practicable during each fiscal year of the 20,001
1999-2001 biennium in accordance with instructions of the Ohio 20,002
Board of Regents, each state-assisted institution of higher 20,003
education shall report its actual enrollment to the Ohio Board of 20,004
Regents. 20,005
The Ohio Board of Regents shall establish procedures 20,007
required by the system of formulas set out below and for the 20,008
assignment of individual institutions to categories described in 20,009
the formulas. The system of formulas establishes the manner in 20,010
which aggregate expenditure requirements shall be determined for 20,011
each of the three components of institutional operations. In 20,012
addition to other adjustments and calculations described below, 20,013
the subsidy entitlement of an institution shall be determined by 20,014
subtracting from the institution's aggregate expenditure 20,015
requirements income to be derived from the local contributions 20,016
assumed in calculating the subsidy entitlements. The local 20,017
427
contributions for purposes of determining subsidy support shall 20,018
not limit the authority of the individual boards of trustees to 20,019
establish fee levels. 20,020
The General Studies and Technical models shall be adjusted 20,022
by the Board of Regents so that the share of state subsidy earned 20,023
by those models is not altered by changes in the overall local 20,024
share. A lower-division fee differential shall be used to 20,025
maintain the relationship that would have occurred between these 20,026
models and the Baccalaureate models had an assumed share of 20,027
thirty-seven per cent been funded. 20,028
In defining the number of full-time equivalent students for 20,030
state subsidy purposes, the Ohio Board of Regents shall exclude 20,031
all undergraduate students who are not residents of Ohio, except 20,032
those charged in-state fees in accordance with reciprocity 20,033
agreements made pursuant to section 3333.17 of the Revised Code. 20,034
(A) Aggregate Expenditure Per Full-Time Equivalent Student 20,036
(1) Instruction and Support Services 20,038
Model FY 2000 FY 2001 20,041
General Studies I $ 3,680 $ 3,762 20,043
General Studies II $ 4,060 $ 4,305 20,045
General Studies III $ 5,141 $ 5,259 20,047
Technical I $ 4,702 $ 5,012 20,049
Technical III $ 8,088 $ 8,477 20,051
Baccalaureate I $ 6,301 $ 6,611 20,053
Baccalaureate II $ 7,287 $ 7,582 20,055
Baccalaureate III $ 10,417 $ 10,574 20,057
Masters and Professional I $ 11,788 $ 12,300 20,059
Masters and Professional II $ 17,020 $ 17,558 20,061
Masters and Professional III $ 22,976 $ 23,214 20,063
Doctoral I $ 19,495 $ 19,647 20,065
Doctoral II $ 25,066 $ 25,840 20,067
Medical I $ 27,250 $ 27,709 20,069
Medical II $ 38,309 $ 39,323 20,071
(2) Student Services 20,074
428
For this purpose full-time equivalent counts shall be 20,076
weighted to reflect differences among institutions in the numbers 20,077
of students enrolled on a part-time basis. 20,078
FY 2000 FY 2001 20,080
All Expenditure Models $ 556 $ 594 20,081
(B) Plant Operation and Maintenance (POM) 20,083
(1) Determination of the Square-Foot Based POM Subsidy 20,085
Space undergoing renovation shall be funded at the rate 20,087
allowed for storage space. 20,088
In the calculation of square footage for each campus, 20,090
square footage shall be weighted to reflect differences in space 20,091
utilization.
The space inventories for each campus shall be those 20,093
determined in the fiscal year 1997 instructional subsidy, 20,094
adjusted for changes attributable to the construction or 20,095
renovation of facilities for which state appropriations were made 20,096
or local commitments were made prior to January 1, 1995.
Only fifty per cent of the space permanently taken out of 20,098
operation in fiscal year 2000 or fiscal year 2001 that is not 20,099
otherwise replaced by a campus shall be deleted from the fiscal 20,100
year 1997 inventory.
The square-foot based plant operation and maintenance 20,102
subsidy for each campus shall be determined as follows: 20,103
(a) For each standard room type category shown below, the 20,105
subsidy-eligible net assignable square feet (NASF) for each 20,106
campus shall be multiplied by the following rates, and the 20,107
amounts summed for each campus to determine the total gross 20,108
square-foot based POM expenditure requirement:
FY 2000 FY 2001 20,110
Classrooms $5.18 $5.33 20,111
Laboratories $6.45 $6.64 20,112
Offices $5.18 $5.33 20,113
Audio Visual Data Processing $6.45 $6.64 20,114
Storage $2.30 $2.36 20,115
429
Circulation $6.53 $6.72 20,116
Other $5.18 $5.33 20,117
(b) The total gross square-foot POM expenditure 20,120
requirement shall be allocated to models in proportion to 20,121
full-time equivalent (FTE) enrollments as reported in enrollment 20,122
data for all models except Doctoral I and Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b) 20,124
above shall be multiplied by the ratio of subsidy-eligible FTE 20,126
students to total FTE students reported in each model, and the 20,127
amounts summed for all models. To this total amount shall be 20,128
added an amount to support roads and grounds expenditures to
produce the total square-foot based POM subsidy. 20,129
(2) Determination of the Activity-Based POM Subsidy 20,131
(a) The number of subsidy-eligible FTE students in each 20,133
model shall be multiplied by the following rates for each campus 20,134
for each fiscal year.
FY 2000 FY 2001 20,137
General Studies I $ 488 $ 488 20,139
General Studies II $ 563 $ 584 20,141
General Studies III $1,237 $1,217 20,143
Technical I $ 555 $ 553 20,145
Technical II $1,128 $1,175 20,147
Baccalaureate I $ 641 $ 655 20,149
Baccalaureate II $1,067 $1,109 20,151
Baccalaureate III $1,578 $1,598 20,153
Masters & Professional I $ 995 $1,022 20,155
Masters & Professional II $1,742 $1,895 20,157
Masters & Professional III $2,620 $2,614 20,159
Doctoral I $1,433 $1,382 20,161
Doctoral II $2,502 $2,613 20,163
Medical I $2,389 $2,485 20,165
Medical II $3,458 $3,362 20,167
(b) The sum of the products for each campus determined in 20,170
division (B)(2)(a) for all models except Doctoral I and Doctoral 20,171
430
II for each fiscal year shall be weighted by a factor to reflect 20,172
sponsored research activity and job-training related public 20,173
services expenditures to determine the total activity-based POM 20,174
subsidy.
(C) Calculation of Core Subsidy Entitlements and 20,176
Adjustments
(1) Calculation of Core Subsidy Entitlements 20,178
The calculation of the core subsidy entitlement shall 20,180
consist of the following components: 20,181
(a) For each campus and for each fiscal year, the core 20,183
subsidy entitlement shall be determined by multiplying the 20,184
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 20,186
assumed local contributions, by (i) average subsidy-eligible 20,187
full-time equivalents for the two-year period ending in the prior 20,188
year for all models except Doctoral I and Doctoral II; and (ii)
average subsidy-eligible full-time equivalents for the five-year 20,190
period ending in the prior year for all models except Doctoral I 20,191
and Doctoral II.
(b) In calculating the core subsidy entitlements for 20,193
Medical II models only, the board shall use the following count 20,194
of full-time equivalent students in place of the two-year average 20,195
and five-year average of subsidy-eligible students. 20,197
(i) For those medical schools whose current year 20,199
enrollment is below the base enrollment, the Medical II full-time 20,200
equivalent enrollment shall equal: 65 per cent of the base 20,201
enrollment plus 35 per cent of the current year enrollment, where 20,202
the base enrollment is: 20,203
The Ohio State University 1010 20,205
University of Cincinnati 833 20,206
Medical College of Ohio at 20,207
Toledo 650
Wright State University 433 20,208
Ohio University 433 20,209
431
Northeastern Ohio Universities 20,210
College of Medicine 433
(ii) For those medical schools whose current year 20,213
enrollment is equal to or greater than the base enrollment, the 20,214
Medical II full-time equivalent enrollment shall equal the 20,215
current enrollment. 20,216
(c) For all FTE-based subsidy calculations involving 20,218
all-terms FTE data, FTE-based allowances shall be converted from 20,219
annualized to annual rates to ensure equity and consistency of 20,220
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 20,223
calculations listed in division (C)(1)(a) above and use the
greater sum as the core subsidy entitlement. 20,224
The POM subsidy for each campus shall equal the greater of 20,226
the square-foot-based subsidy or the activity-based POM subsidy 20,227
component of the core subsidy entitlement, except that the total 20,228
activity-based POM subsidy shall not exceed 161 per cent of the 20,229
square-foot based POM subsidy in fiscal year 2000 and shall not 20,231
exceed 177 per cent of the square-foot-based subsidy in fiscal 20,232
year 2001. 20,233
(e) In fiscal year 2000, no more than 10.94 per cent of 20,235
the total instructional subsidy shall be reserved to implement 20,237
the recommendations of the Graduate Funding Commission. In 20,238
fiscal year 2001, no more than 10.75 per cent of the total 20,239
instructional subsidy shall be reserved for this same purpose. 20,240
It is the intent of the General Assembly that the doctoral 20,241
reserve be reduced 0.25 percentage points each year thereafter 20,242
until no more than 10.0 per cent of the total instructional 20,244
subsidy is reserved to implement the recommendations of the
Graduate Funding Commission. In fiscal year 2001, the Board of 20,245
Regents shall reallocate 2 per cent of the reserve among the 20,247
state-assisted universities on the basis of a quality review as
specified in the recommendations of the Graduate Funding 20,248
Commission.
432
The amount so reserved shall be allocated to universities 20,250
in proportion to their share of the total number of Doctoral I 20,251
equivalent FTEs as calculated on an institutional basis using the 20,252
greater of the two-year or five-year FTEs for the period fiscal 20,253
year 1994 through fiscal year 1998 with annualized FTEs for
fiscal years 1994 through 1997 and all-term FTEs for fiscal year 20,254
1998 as adjusted to reflect the effects of doctoral review. For 20,256
the purposes of this calculation, Doctoral I equivalent FTEs 20,257
shall equal the sum of Doctoral FTEs plus 1.5 times the sum of 20,258
Doctoral II FTEs. No university shall receive less for doctoral
subsidy in fiscal year 2000 than it received for doctoral subsidy 20,259
in fiscal year 1999. 20,260
(2) Annual Guaranteed Funding Increase 20,262
For the purposes of this section, for each year and for 20,264
each campus "Challenge subsidies" shall equal the sum of the 20,265
following allocations:
(a) Access Challenge, less amounts attributed to tuition 20,267
restraint;
(b) Research Challenge; 20,269
(c) Priorities in Graduate Education; 20,271
(d) Success Challenge; 20,273
(e) Jobs Challenge, less amounts earmarked for 20,275
"strategically related industries." 20,276
In addition to and after the other adjustments noted above, 20,278
in fiscal year 2000 each campus shall have its subsidy adjusted 20,279
to the extent necessary to provide an amount from the 20,280
instructional subsidy and Challenge subsidies that is not less 20,281
than 103 per cent of the sum of the instructional subsidy and the 20,282
Challenge subsidies received by the campus in fiscal year 1999. 20,283
In fiscal year 2001 each campus shall have its subsidy adjusted 20,285
to the extent necessary to provide an amount from the 20,286
instructional subsidy and Challenge subsidies that is not less 20,287
than 101 per cent of the sum of the instructional subsidy and the
Challenge subsidies received by the campus in fiscal year 2000. 20,289
433
(3) Capital Component Deduction 20,291
After all other adjustments have been made, instructional 20,293
subsidy earnings shall be reduced for each campus by the amount, 20,294
if any, by which debt service charged in Am. H.B. No. 748 of the 20,295
121st General Assembly and Am. Sub. H.B. No. 850 of the 122nd 20,297
General Assembly for that campus exceeds that campus' capital 20,298
component earnings.
(D) Reductions in Earnings 20,300
If total systemwide instructional subsidy earnings in any 20,302
fiscal year exceed total appropriations available for such 20,303
purposes, the Board of Regents shall proportionately reduce the 20,304
instructional subsidy earnings for all campuses by a uniform 20,305
percentage so that the systemwide sum equals available 20,306
appropriations.
(E) Exceptional Circumstances 20,308
Adjustments may be made to instructional subsidy payments 20,310
and other subsidies distributed by the Ohio Board of Regents to 20,311
state-assisted colleges and universities for exceptional 20,312
circumstances. No adjustments for exceptional circumstances may 20,313
be made without the recommendation of the chancellor and the 20,314
approval of the Controlling Board. 20,315
Distribution of Instructional Subsidy 20,317
The instructional subsidy payments to the institutions 20,319
shall be in substantially equal monthly amounts during the fiscal 20,320
year, unless otherwise determined by the Director of Budget and 20,321
Management pursuant to the provisions of section 126.09 of the 20,322
Revised Code. Payments during the first six months of the fiscal 20,323
year shall be based upon the instructional subsidy appropriation 20,324
estimates made for the various institutions of higher education 20,325
according to the Ohio Board of Regents enrollment estimates. 20,326
Payments during the last six months of the fiscal year shall be 20,327
distributed after approval of the Controlling Board upon the 20,328
request of the Ohio Board of Regents. 20,329
Law School Subsidy 20,331
434
The instructional subsidy to state supported universities 20,333
for students enrolled in law schools in fiscal year 2000 and 20,334
fiscal year 2001 shall be calculated by using the number of 20,335
subsidy eligible full-time equivalent law school students funded 20,336
by state subsidy in fiscal year 1995 or the actual number of 20,337
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less. 20,338
Section 7.02. Mission-Based Core Funding for Higher 20,340
Education
Jobs Challenge 20,342
Funds appropriated to appropriation item 235-415, Jobs 20,344
Challenge, shall be distributed to state-assisted community and 20,345
technical colleges, regional campuses of state-assisted 20,346
universities, and other organizationally distinct and 20,347
identifiable member campuses of the EnterpriseOhio Network in 20,348
support of noncredit job-related training. In fiscal years 2000 20,350
and 2001, $3,543,864 and $4,000,000, respectively, shall be
distributed to campuses in proportion to each campus' share of 20,352
noncredit job-related training revenues received by all campuses 20,353
for the previous fiscal year. It is the intent of the General 20,354
Assembly that this workforce development incentive component of 20,355
the Jobs Challenge Program reward campus noncredit job-related 20,356
training efforts in the same manner that the Research Challenge 20,357
Program rewards campuses for their ability to obtain sponsored 20,358
research revenues. 20,359
In fiscal years 2000 and 2001, $2,700,000 and $2,781,000, 20,361
respectively, shall be distributed equally to these same 20,362
EnterpriseOhio Network campuses to fulfill a performance contract 20,363
with the Ohio Board of Regents demonstrating their capability to 20,364
provide accessible and affordable training services to Ohio 20,365
companies, and particularly to improve the business performance 20,366
of smaller firms.
In fiscal years 2000 and 2001, $2,500,000 and $4,198,694, 20,368
respectively, shall be allocated to attract, develop, and retain 20,369
435
companies strategically important to the state's economy through 20,370
training and assessment services provided by EnterpriseOhio 20,371
Network campuses. These funds shall be used in conjunction with 20,372
funds appropriated to the Department of Development in H.B. No. 20,373
283 of the 123rd General Assembly for the purpose of attracting, 20,374
developing, and retaining companies strategically important to 20,375
the state's economy. Strategically related industries and 20,376
companies shall be selected by the Ohio Board of Regents and the 20,377
Ohio Department of Development. 20,378
Access Challenge 20,380
In each fiscal year, the foregoing appropriation item 20,382
235-418, Access Challenge, shall be distributed to Ohio's 20,383
state-assisted access colleges and universities in proportion to 20,384
each campus' share of full-time equivalent enrollments at the 20,385
General Studies level as determined in the subsidy calculation 20,386
process in the previous fiscal year. For the purposes of this
allocation, "access campuses" includes state-assisted community 20,387
colleges, state community colleges, technical colleges, Shawnee 20,388
State University, Central State University, Cleveland State 20,389
University, the regional campuses of state-assisted universities, 20,390
and, where they are organizationally distinct and identifiable, 20,392
the community-technical colleges located at the University of 20,393
Cincinnati, Youngstown State University, and the University of 20,394
Akron.
For the purposes of this calculation, Cleveland State 20,396
University's share of full-time equivalent subsidy-eligible 20,397
General Studies students shall equal its total full-time 20,398
equivalent subsidy-eligible General Studies students multiplied 20,399
by the ratio of the sum of full-time equivalent subsidy-eligible
General Studies students enrolled in the community-technical 20,400
colleges at the University of Toledo, the University of 20,401
Cincinnati, Youngstown State University, and the University of 20,402
Akron divided by the sum of full-time equivalent subsidy-eligible 20,403
General Studies students enrolled at those same four 20,404
436
universities. However, Cleveland State University shall not
receive less in each year of the 1999-2001 biennium than the 20,405
amount received in fiscal year 1999. 20,406
(A) Of the total appropriation item 235-418, Access 20,408
Challenge, $2,500,000 in fiscal year 2000 and $17,943,665 in 20,410
fiscal year 2001 shall be used solely to restrain the growth of 20,411
or reduce in-state undergraduate tuition and fees. 20,412
(B) Of the remaining appropriation of $32,813,691 in 20,414
fiscal year 2000 and $47,324,335 in fiscal year 2001, 50 per cent 20,415
of all new subsidies received by each campus in each fiscal year 20,416
shall be used in combination with campus shares of the amounts 20,417
determined in division (A) above to restrain the growth of or 20,418
reduce in-state undergraduate tuition and fees. For the purposes 20,419
of this distribution, "new subsidies" in fiscal year 2000 shall 20,420
equal a campus's share of the $32,813,691 allocation for fiscal 20,421
year 2000 minus the campus-share of the $20,000,000 allocation 20,422
distributed for this purpose by the Board of Regents from 20,423
appropriations in Am. Sub. H.B. No. 215 of the 122nd General 20,424
Assembly. In fiscal year 2001, "new subsidies" shall equal a 20,425
campus-share of the $47,324,335 allocation for fiscal year 2001 20,426
minus the campus-share of the $32,813,691 allocation for fiscal 20,427
year 2000. In both fiscal years, negative differences between 20,428
the current and previous year shall default to zero. 20,429
(C) In each fiscal year, the statewide average fee 20,431
restraint or reduction percentage shall be applied uniformly to 20,432
all campuses receiving Access Challenge appropriations according 20,433
to a methodology to be determined by the Board of Regents. For 20,434
Central State University and Shawnee State University, the 20,435
methodology shall consider the combined effects of Access 20,436
Challenge appropriations and each institution's special 20,437
supplement when determining each institution's tuition restraint
requirements in each year of the biennium. No such determination 20,438
shall be made without the approval of the Office of Budget and 20,439
Management. The approach determined by the Board of Regents 20,440
437
shall restrain tuition increases to zero per cent in fiscal year 20,442
2000 and achieve tuition reductions of five per cent in fiscal 20,443
year 2001. The fee restraint provisions shall not apply to
campuses that do not receive an increase in Access Challenge 20,445
allocations from one fiscal year to the next. For regional 20,446
campuses, the fee restraint provisions shall apply to lower 20,447
division undergraduate students. The tuition restraint or 20,448
reduction percentage shall not apply or be applied in the case of
a particular access campus if and to the extent such would impair 20,449
compliance with institutional covenants related to payment of 20,450
debt charges on its bonds or notes issued prior to July 1, 1999, 20,451
or on bonds or notes for which a pledge of fees or new agreement 20,452
for adjustment of fees was approved prior to that date by the 20,453
Ohio Board of Regents as referred to in section 7.06 of this Act. 20,454
Success Challenge 20,456
The foregoing appropriation item 235-420, Success 20,458
Challenge, shall be used by the Ohio Board of Regents to promote 20,459
degree completion by students enrolled at a main campus of a 20,460
state-assisted university. 20,461
In each fiscal year, two-thirds of the appropriations shall 20,463
be distributed to state-assisted university main campuses in 20,464
proportion to each campus' share of the total statewide 20,465
bachelor's degrees granted by university main campuses to
"at-risk" students. In fiscal year 2000 and fiscal year 2001, an 20,466
"at-risk" student shall be defined to mean any undergraduate 20,467
student who had received an Ohio Instructional Grant during the 20,468
past ten years. An eligible institution shall not receive its 20,469
share of this distribution until it has submitted a plan that 20,470
addresses how the subsidy will be used to better serve at-risk 20,471
students and increase their likelihood of successful completion 20,472
of a bachelor's degree program. The Board of Regents shall 20,473
disseminate to all state-supported institutions of higher 20,474
education all such plans submitted by institutions that received 20,475
Success Challenge funds.
438
In each fiscal year, one-third of the appropriations shall 20,477
be distributed to university main campuses in proportion to each 20,478
campus' share of the total bachelor's degrees granted by 20,479
university main campuses to undergraduate students who completed 20,480
their bachelor's degrees in a "timely manner" in the previous 20,481
fiscal year. For the purposes of this section, "timely manner"
means the normal time it would take for a full-time 20,482
degree-seeking undergraduate student to complete the student's 20,484
degree. Generally, for such students pursuing a bachelor's 20,485
degree, "timely manner" means four years. Exceptions to this 20,486
general rule shall be permitted for students enrolled in programs 20,487
specifically designed to be completed in a longer time period. 20,488
The Board of Regents shall collect base-line data beginning with
the 1998-99 academic year to assess the timely completion 20,489
statistics by university main campuses. 20,490
Eminent Scholars Program 20,492
The foregoing appropriation item 235-451, Eminent Scholars, 20,494
shall be used by the Ohio Board of Regents to establish an Ohio 20,496
Eminent Scholars Program, the purpose of which is to invest 20,497
educational resources to address problems that are of vital
statewide significance while fostering the growth in eminence of 20,498
Ohio's academic programs. Endowment grants of $750,000 to state 20,499
colleges and universities and nonprofit Ohio institutions of 20,501
higher education holding certificates of authorization issued 20,502
under section 1713.02 of the Revised Code to match endowment 20,503
gifts from nonstate sources may be made in accordance with a plan 20,504
established by the Ohio Board of Regents. Matching gifts in 20,505
science and technology programs shall be $750,000, and in all 20,506
other program areas, $500,000. The grants shall have as their 20,507
purpose attracting and sustaining in Ohio scholar-leaders of 20,508
national or international prominence who will assist the state in 20,509
one of the following three areas: (1) improving the state's 20,510
economic development; (2) strengthening the state's system of 20,511
K-12 education; or (3) improving public health and safety. Such 20,512
439
scholar-leaders shall, among their duties, share broadly the 20,513
benefits and knowledge unique to their field of scholarship to 20,514
the betterment of Ohio and its people.
Research Challenge 20,516
The foregoing appropriation item 235-454, Research 20,518
Challenge, shall be used to enhance the basic research 20,519
capabilities of public colleges and universities and accredited 20,520
Ohio institutions of higher education holding certificates of 20,521
authorization issued pursuant to section 1713.02 of the Revised 20,522
Code, in order to strengthen the academic research for pursuing 20,523
Ohio's economic redevelopment goals. The Ohio Board of Regents, 20,524
in consultation with the colleges and universities, shall 20,525
administer the Research Challenge Program and utilize a means of 20,526
matching, on a fractional basis, external funds attracted in the 20,527
previous year by institutions for basic research. The program 20,528
may include incentives for increasing the amount of external 20,529
research funds coming to such eligible institutions and for 20,530
focusing research efforts upon critical state needs. Colleges 20,531
and universities shall submit for review and approval to the Ohio 20,532
Board of Regents plans for the institutional allocation of state 20,533
dollars received through this program. Such institutional plans 20,534
shall provide the rationale for the allocation in terms of the 20,535
strategic targeting of funds for academic and state purposes, for 20,536
strengthening research programs, and for increasing the amount of 20,537
external research funds, and shall include an evaluation process 20,538
to provide results of the increased support. It is the intent of 20,539
the General Assembly that increases in funding for appropriation 20,540
item 235-454, Research Challenge, in the 1999-2001 biennium, over 20,541
the 1993-1995 biennium levels, be used by campuses as 20,542
unrestricted funding for research, in the same way that 20,543
Instructional Subsidy allocations are used. 20,544
The Ohio Board of Regents shall submit a biennial report of 20,546
progress to the General Assembly. 20,547
Priorities in Graduate Education 20,549
440
The foregoing appropriation item 235-554, Priorities in 20,551
Graduate Education, shall be used by the Ohio Board of Regents to 20,552
support improvements in graduate programs in computer science at 20,553
state-assisted universities. In each fiscal year, up to $200,000 20,554
may be used to support collaborative efforts in graduate
education in this program area. 20,555
Section 7.03. Higher Education--Board of Trustees 20,557
Funds appropriated for instructional subsidies at colleges 20,559
and universities may be used to provide such branch or other 20,560
off-campus undergraduate courses of study and such master's 20,561
degree courses of study as may be approved by the Ohio Board of 20,562
Regents. 20,563
In providing instructional and other services to students, 20,565
boards of trustees of state-assisted institutions of higher 20,566
education shall supplement state subsidies by income from charges 20,567
to students. Each board shall establish the fees to be charged 20,568
to all students, including an instructional fee for educational 20,569
and associated operational support of the institution and a
general fee for noninstructional services, including locally 20,570
financed student services facilities used for the benefit of 20,571
enrolled students. The instructional fee and the general fee 20,572
shall encompass all charges for services assessed uniformly to 20,573
all enrolled students. Each board may also establish special 20,574
purpose fees, service charges, and fines as required; such
special purpose fees and service charges shall be for services or 20,575
benefits furnished individual students or specific categories of 20,576
students and shall not be applied uniformly to all enrolled 20,577
students. A tuition surcharge shall be paid by all students who 20,578
are not residents of Ohio.
Boards of trustees of individual state-assisted 20,580
universities shall limit combined university main campus in-state 20,581
undergraduate instructional and general fee increases for an 20,582
academic year over the amounts charged in the prior academic year 20,583
to no more than six per cent. The boards of trustees of
441
individual state-assisted universities shall not authorize 20,584
combined university main campus in-state undergraduate 20,585
instructional and general fee increases of more than four per 20,586
cent in a single vote. Boards of trustees of individual
state-assisted university branch campuses, community colleges, 20,587
and technical colleges shall limit combined in-state 20,588
undergraduate instructional and general fee increases for an 20,589
academic year over the amounts charged in the prior academic year 20,590
to no more than three per cent. These fee increase limitations
apply even if an institutional board of trustees has, prior to 20,591
the effective date of this section, voted to assess a higher fee 20,592
for the 1999-2000 academic year. These limitations shall not 20,593
apply to increases required to comply with institutional 20,594
covenants related to their obligations or to meet unfunded legal 20,595
mandates or legally binding obligations incurred or commitments 20,596
made prior to the effective date of this act with respect to 20,597
which the institution had identified such fee increases as the
source of funds. Any increase required by such covenants and any 20,598
such mandates, obligations, or commitments shall be reported by 20,599
the Board of Regents to the Controlling Board. These limitations 20,600
may also be modified by the Ohio Board of Regents, with the 20,601
approval of the Controlling Board, to respond to exceptional 20,602
circumstances as identified by the Ohio Board of Regents. 20,603
The board of trustees of a state-assisted institution of 20,605
higher education shall not authorize a waiver or nonpayment of 20,606
instructional fees nor general fees for any particular student or 20,607
any class of students other than waivers specifically authorized 20,608
by law or approved by the chancellor. This prohibition is not 20,609
intended to limit the authority of boards of trustees to provide 20,610
for payments to students for services rendered the institution, 20,611
nor to prohibit the budgeting of income for staff benefits or for 20,612
student assistance in the form of payment of such instructional 20,613
and general fees. 20,614
Each state-assisted institution of higher education in its 20,616
442
statement of charges to students shall separately identify the 20,617
instructional fee, the general fee, the tuition charge, and the 20,618
tuition surcharge. Fee charges to students for instruction shall 20,619
not be considered to be a price of service but shall be 20,620
considered to be an integral part of the state government 20,621
financing program in support of higher educational opportunity 20,622
for students. 20,623
In providing the appropriations in support of instructional 20,625
services at state-assisted institutions of higher education and 20,626
the appropriations for other instruction it is the intent of the 20,627
General Assembly that faculty members shall devote a proper and 20,628
judicious part of their work week to the actual instruction of 20,629
students. Total class credit hours of production per quarter per 20,630
full-time faculty member is expected to meet the standards set 20,631
forth in the budget data submitted by the Ohio Board of Regents. 20,632
No state-assisted college or university shall contract 20,634
additional debt to finance additional student housing or permit 20,635
the construction of additional student housing on land owned or 20,636
leased by such institution without the approval of the Board of 20,637
Regents. In granting or denying approval, the board shall 20,638
consider demographic projections and established service 20,639
districts, as well as the current strength of enrollment patterns 20,640
throughout the state and in the public and private institutions 20,641
that have historically drawn students from the same markets as 20,642
the institution requesting additional housing. The board shall 20,643
also consider statewide dormitory occupancy patterns and any debt 20,644
burden that would be incurred by the institution. The board 20,645
shall monitor demographic trends and shall recommend that the 20,646
General Assembly modify this section when there is no longer a 20,647
significant risk of future enrollment decline. 20,648
The board shall have no authority to prohibit the 20,650
construction of privately financed housing constructed on land 20,651
that is not owned or leased by the institution, even if the 20,652
institution has entered or intends to enter into some type of 20,653
443
contractual agreement with the developers or owners of such 20,654
housing. 20,655
The authority of government vested by law in the boards of 20,657
trustees of state-assisted institutions of higher education shall 20,658
in fact be exercised by those boards. Boards of trustees may 20,659
consult extensively with appropriate student and faculty groups. 20,661
Administrative decisions about the utilization of available 20,662
resources, about organizational structure, about disciplinary 20,663
procedure, about the operation and staffing of all auxiliary 20,664
facilities, and about administrative personnel shall be the 20,665
exclusive prerogative of boards of trustees. Any delegation of 20,666
authority by a board of trustees in other areas of responsibility 20,667
shall be accompanied by appropriate standards of guidance 20,668
concerning expected objectives in the exercise of such delegated 20,669
authority and shall be accompanied by periodic review of the 20,670
exercise of this delegated authority to the end that the public 20,671
interest, in contrast to any institutional or special interest, 20,672
shall be served.
Section 7.04. Medical School Subsidies 20,674
The foregoing appropriation item 235-515, CWRU School of 20,676
Medicine, shall be disbursed to Case Western Reserve University 20,677
through the Ohio Board of Regents in accordance with agreements 20,678
entered into as provided for by section 3333.10 of the Revised 20,679
Code, provided that the state support per full-time medical 20,680
student shall not exceed that provided to full-time medical 20,681
students at state universities. 20,682
The foregoing appropriation items 235-536, Ohio State 20,684
University Clinical Teaching; 235-537, University of Cincinnati 20,686
Clinical Teaching; 235-538, Medical College of Ohio at Toledo 20,687
Clinical Teaching; 235-539, Wright State University Clinical 20,688
Teaching; 235-540, Ohio University Clinical Teaching; and 20,689
235-541, Northeastern Ohio Universities College of Medicine 20,690
Clinical Teaching, shall be distributed through the Ohio Board of 20,691
Regents.
444
The foregoing appropriation item 235-572, OSU Clinic 20,693
Support, shall be distributed through the Ohio Board of Regents 20,694
to The Ohio State University for support of dental and veterinary 20,695
medicine clinics. 20,696
The Ohio Board of Regents shall develop plans consistent 20,698
with existing criteria and guidelines as may be required for the 20,699
distribution of appropriation items 235-519, Family Practice, 20,700
235-525, Geriatric Medicine, and 235-526, Primary Care 20,701
Residencies. 20,702
Of the foregoing appropriation item 235-539, Wright State 20,704
University Clinical Teaching, $160,000 in each fiscal year shall 20,706
be for the use of Wright State University's Ellis Institute for 20,707
Clinical Teaching Studies to operate the clinical facility to 20,708
serve the Greater Dayton area. 20,709
Performance Standards for Medical Education 20,711
The Ohio Board of Regents, in consultation with the 20,713
state-assisted medical colleges, shall develop performance 20,715
standards for medical education. Special emphasis in the 20,717
standards shall be placed on attempting to ensure that at least 20,718
50 per cent of the aggregate number of students enrolled in 20,719
state-assisted medical colleges continue to enter residency as 20,720
primary care physicians. Primary care physicians are defined as 20,722
general family practice physicians, general internal medicine 20,725
practitioners, and general pediatric care physicians. The Board 20,728
of Regents shall be responsible for monitoring medical school 20,729
performance in relation to their plans for reaching the 50 per 20,730
cent systemwide standard for primary care physicians. 20,731
The foregoing appropriation item 235-526, Primary Care 20,733
Residencies, shall be distributed in each fiscal year of the 20,734
biennium based on whether the institution has submitted and 20,736
gained approval for a plan. If the institution does not have an
approved plan then it shall receive five per cent less funding 20,737
per student than it would have received from its annual 20,738
allocation. The remaining funding shall be distributed among 20,739
445
those institutions that meet or exceed their targets. 20,740
Area Health Education Centers 20,742
The foregoing appropriation item 235-474, AHEC Program 20,744
Support, shall be used by the Ohio Board of Regents to support 20,745
the medical school regional AHECs' educational programs for the 20,746
continued support of medical and other health professions 20,747
education and for support of the Area Health Education Center 20,748
program. 20,749
Of the foregoing appropriation item 235-474, AHEC Program 20,751
Support, $200,000 in each fiscal year shall be disbursed to the 20,752
Ohio University College of Osteopathic Medicine for the 20,753
establishment of a mobile health care unit to serve the 20,754
southeastern area of the state. Of the foregoing appropriation 20,755
item 235-474, AHEC Program Support, $150,000 in each fiscal year 20,756
shall be used to support the Ohio Valley Community Health 20,757
Information Network (OVCHIN) pilot project. 20,758
Section 7.05. Midwest Higher Education Compact 20,760
The foregoing appropriation item 235-408, Midwest Higher 20,762
Education Compact, shall be distributed by the Ohio Board of 20,763
Regents pursuant to section 3333.40 of the Revised Code. 20,764
College Readiness Initiatives 20,766
Appropriation item 235-404, College Readiness Initiatives, 20,768
shall be used by the Board of Regents in support of programs 20,770
designed to improve the ability of high school students to enroll 20,772
and succeed in higher education. These programs shall include, 20,773
but not be limited to, the following: the continued
administration of the Early English Composition Assessment 20,774
portion of the postsecondary readiness testing program, the 20,775
implementation of the State Higher Education Remediation Advisory 20,776
Commission report, and the creation of a statewide outreach 20,777
effort to promote the availability, need, and affordability of a 20,778
college education.
Mathematics and Science Teaching Improvement 20,780
Appropriation item 235-403, Math/Science Teaching 20,782
446
Improvement, shall be used by the Board of Regents in support of 20,784
programs designed to raise the quality of mathematics and science 20,785
teaching in primary and secondary education. Of these amounts, 20,786
$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 20,787
in fiscal year 2001 shall be reserved for Project Discovery. 20,788
Technology 20,790
Appropriation item 235-417, Technology, shall be used by 20,792
the Board of Regents to support the continued implementation of 20,793
the Ohio Learning Network, a statewide electronic collaborative 20,794
effort designed to promote degree completion of students, 20,795
workforce training of employees, and professional development 20,796
through the use of advanced telecommunications and distance
education initiatives. 20,797
Displaced Homemakers 20,799
Of the foregoing appropriation item 235-509, Displaced 20,801
Homemakers, the Ohio Board of Regents shall continue funding 20,802
pilot projects authorized in Am. Sub. H.B. No. 291 of the 115th 20,803
General Assembly for the following centers: Cuyahoga Community 20,804
College, University of Toledo, Southern State Community College, 20,805
and Stark Technical College. The amount of $30,000 in each 20,806
fiscal year shall be used for the Baldwin-Wallace Single Parents 20,807
Reaching Out for Unassisted Tomorrows program. 20,808
Ohio Aerospace Institute 20,810
The foregoing appropriation item 235-527, Ohio Aerospace 20,812
Institute, shall be distributed by the Ohio Board of Regents 20,813
pursuant to section 3333.042 of the Revised Code. 20,814
Productivity Improvement Challenge 20,816
The foregoing appropriation item 235-455, Productivity 20,818
Improvement Challenge, shall be allocated by the Ohio Board of 20,819
Regents to continue increasing the capabilities of Business and 20,821
Industry Training Centers at Ohio's two-year college and 20,822
university regional campuses to meet the varied training needs of
Ohio enterprises. Funds shall be available for capacity building 20,823
447
projects and activities developed through the Enterprise Ohio 20,824
Network of Business and Industry Training Centers. The Regents 20,825
Advisory Committee for Workforce Development, in its advisory 20,826
role, shall assist in the development of plans and activities. 20,828
Of the foregoing appropriation item 235-455, Productivity 20,830
Improvement Challenge, $208,000 in each fiscal year shall be used 20,832
by the Dayton Business/Sinclair College Jobs Profiling Program.
Access Improvement Projects 20,834
The foregoing appropriation item 235-477, Access 20,836
Improvement Projects, shall be used by the Ohio Board of Regents 20,837
to develop innovative statewide strategies to increase student 20,838
access and retention for specialized populations, and to provide 20,839
for pilot projects that will contribute to improving access to 20,840
higher education by specialized populations. The funds may be 20,841
used for projects that improve access for nonpublic secondary 20,842
students. 20,843
Of the foregoing appropriation item 235-477, Access 20,845
Improvement Projects, $740,000 in each fiscal year shall be 20,846
distributed to the Appalachian Center for Higher Education at 20,847
Shawnee State University. The Board of Directors of the center 20,848
shall be comprised of the presidents of Shawnee State University, 20,849
Ohio University, Belmont Technical College, Hocking Technical 20,850
College, Jefferson Technical College, Muskingum Area Technical 20,851
College, Rio Grande Community College, Southern State Community 20,852
College, Washington State Community College, the dean of either 20,853
the Salem or East Liverpool regional campuses of Kent State 20,854
University, as designated by the President of Kent State 20,855
University, and a representative of the Board of Regents 20,856
designated by the chancellor. 20,857
Ohio Supercomputer Center 20,859
The foregoing appropriation item 235-510, Ohio 20,861
Supercomputer Center, shall be used by the Ohio Board of Regents 20,862
to support the operation of the center, located at The Ohio State 20,863
University, as a statewide resource available to Ohio research 20,865
448
universities both public and private. It is also intended that 20,866
the center be made accessible to private industry as appropriate. 20,867
Policies of the center shall be established by a governance 20,868
committee, representative of Ohio's research universities and 20,869
private industry, to be appointed by the Chancellor of the Ohio 20,870
Board of Regents and established for this purpose. 20,871
Ohio Academic Resources Network (OARNet) 20,873
The foregoing appropriation item 235-556, Ohio Academic 20,875
Resource Network, shall be used to support the operations of the 20,877
Ohio Academic Resources Network, which shall include support for 20,878
Ohio's state-assisted colleges and universities in maintaining
and enhancing network connections. 20,879
Section 7.06. Pledge of Fees* 20,881
Any new pledge of fees, or new agreement for adjustment of 20,883
fees, made in the 1999-2001 biennium to secure bonds or notes of 20,884
a state-assisted institution of higher education for a project 20,885
for which bonds or notes were not outstanding on the effective 20,886
date of this section shall be effective only after approval by 20,887
the Ohio Board of Regents, unless approved in a previous 20,888
biennium.
Rental Payments to the Ohio Public Facilities Commission 20,891
The appropriations to the Ohio Board of Regents from the 20,893
General Revenue Fund for the purposes of division (A) of section 20,894
3333.13 of the Revised Code include the amounts necessary to meet 20,896
all payments at the times required to be made during the period 20,897
from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents 20,898
to the Ohio Public Facilities Commission pursuant to leases and 20,899
agreements made under section 154.21 of the Revised Code, as 20,900
certified under division (C) of section 3333.13 of the Revised 20,901
Code, but limited to the aggregate amount of $743,042,000
provided in appropriation item 235-401, Rental Payments to the 20,902
Ohio Public Facilities Commission. Nothing in this section shall 20,903
be deemed to contravene the obligation of the state to pay, 20,904
without necessity for further appropriation, from the source 20,905
449
pledged thereto, the bond service charges on obligations issued 20,906
pursuant to section 154.21 of the Revised Code. 20,907
Section 7.07. Ohio Instructional Grants 20,909
Notwithstanding section 3333.12 of the Revised Code, in 20,911
lieu of the tables in that section, instructional grants for all 20,912
full-time students shall be made for fiscal year 2000 using the 20,913
tables under this heading. 20,914
The tables under this heading prescribe the maximum grant 20,916
amounts covering two semesters, three quarters, or a comparable 20,917
portion of one academic year. The grant amount for a full-time 20,918
student enrolled in an eligible institution for a semester or 20,919
quarter in addition to the portion of the academic year covered 20,920
by a grant determined under these tables shall be a percentage of 20,921
the maximum prescribed in the applicable table. The maximum 20,922
grant for a fourth quarter shall be one-third of the maximum 20,923
amount prescribed under the table. The maximum grant for a third 20,924
semester shall be one-half of the maximum amount prescribed under 20,925
the table.
For a full-time student who is a dependent and enrolled in 20,928
a nonprofit educational institution that is not a state-assisted 20,929
institution and that has a certificate of authorization issued 20,930
pursuant to Chapter 1713. of the Revised Code, the amount of the 20,931
instructional grant for two semesters, three quarters, or a 20,932
comparable portion of the academic year shall be determined in 20,934
accordance with the following table:
OHIO INSTRUCTIONAL GRANTS 20,935
Private Institution Table of Grants 20,936
Maximum Grant $4,644 20,938
Gross Income Number of Dependents 20,939
1 2 3 4 5 or 20,946
more
Under $12,001 $4,644 $4,644 $4,644 $4,644 $4,644 20,954
$12,001 - $13,000 4,182 4,644 4,644 4,644 4,644 20,960
$13,001 - $14,000 3,708 4,182 4,644 4,644 4,644 20,966
450
$14,001 - $15,000 3,246 3,708 4,182 4,644 4,644 20,972
$15,001 - $16,000 2,790 3,246 3,708 4,182 4,644 20,978
$16,001 - $17,000 2,328 2,790 3,246 3,708 4,182 20,984
$17,001 - $20,000 1,854 2,328 2,790 3,246 3,708 20,990
$20,001 - $23,000 1,368 1,854 2,328 2,790 3,246 20,996
$23,001 - $26,000 1,146 1,368 1,854 2,328 2,790 21,002
$26,001 - $29,000 924 1,146 1,368 1,854 2,328 21,008
$29,001 - $30,000 840 924 1,146 1,368 1,854 21,014
$30,001 - $31,000 756 840 924 1,146 1,368 21,020
$31,001 - $32,000 378 756 840 924 1,146 21,026
$32,001 - $33,000 -0- 378 756 840 924 21,032
$33,001 - $34,000 -0- -0- 378 756 840 21,038
$34,001 - $35,000 -0- -0- -0- 378 756 21,044
$35,001 - $36,000 -0- -0- -0- -0- 378 21,050
Over $36,000 -0- -0- -0- -0- -0- 21,056
For a full-time student who is financially independent and 21,059
enrolled in a nonprofit educational institution that is not a 21,060
state-assisted institution and that has a certificate of 21,061
authorization issued pursuant to Chapter 1713. of the Revised 21,062
Code, the amount of the instructional grant for two semesters, 21,064
three quarters, or a comparable portion of the academic year 21,065
shall be determined in accordance with the following table: 21,066
Private Institution Table of Grants 21,067
Maximum Grant $4,644 21,068
Gross Income Number of Dependents 21,069
0 1 2 3 4 5 or 21,076
more
Under $3,901 $4,644 $4,644 $4,644 $4,644 $4,644 $4,644 21,085
$3,901 - $4,500 4,182 4,644 4,644 4,644 4,644 4,644 21,092
$4,501 - $5,000 3,708 4,182 4,644 4,644 4,644 4,644 21,099
$5,001 - $5,500 3,246 3,708 4,182 4,644 4,644 4,644 21,106
$5,501 - $6,000 2,790 3,246 3,708 4,182 4,644 4,644 21,113
$6,001 - $6,500 2,328 2,790 3,246 3,708 4,182 4,644 21,120
$6,501 - $7,500 1,854 2,328 2,790 3,246 3,708 4,182 21,127
451
$7,501 - $8,500 1,368 1,854 2,328 2,790 3,246 3,708 21,134
$8,501 - $9,500 1,146 1,368 1,854 2,328 2,790 3,246 21,141
$9,501 - $11,000 924 1,146 1,368 1,854 2,328 2,790 21,148
$11,001 - $12,500 840 924 1,146 1,368 1,854 2,328 21,155
$12,501 - $14,000 756 840 924 1,146 1,368 1,854 21,162
$14,001 - $15,500 378 756 840 924 1,146 1,368 21,169
$15,501 - $18,500 -0- 378 756 840 924 1,146 21,176
$18,501 - $21,500 -0- -0- 378 756 840 924 21,183
$21,501 - $24,500 -0- -0- -0- 378 756 840 21,190
$24,501 - $29,200 -0- -0- -0- -0- 378 756 21,197
$29,201 - $33,900 -0- -0- -0- -0- -0- 378 21,204
Over $33,900 -0- -0- -0- -0- -0- -0- 21,211
For a full-time student who is a dependent and enrolled in 21,214
an educational institution that holds a certificate of 21,215
registration from the State Board of Proprietary School 21,216
Registration, the amount of the instructional grant for two 21,218
semesters, three quarters, or a comparable portion of the 21,219
academic year shall be determined in accordance with the
following table: 21,220
Proprietary Institution Table of Grants 21,221
Maximum Grant $3,936 21,223
Gross Income Number of Dependents 21,224
1 2 3 4 5 or 21,232
more
Under $12,001 $3,936 $3,936 $3,936 $3,936 $3,936 21,240
$12,001 - $13,000 3,552 3,936 3,936 3,936 3,936 21,246
$13,001 - $14,000 3,132 3,552 3,936 3,936 3,936 21,252
$14,001 - $15,000 2,742 3,132 3,552 3,936 3,936 21,258
$15,001 - $16,000 2,376 2,742 3,132 3,552 3,936 21,264
$16,001 - $17,000 1,950 2,376 2,742 3,132 3,552 21,270
$17,001 - $20,000 1,578 1,950 2,376 2,742 3,132 21,276
$20,001 - $23,000 1,206 1,578 1,950 2,376 2,742 21,282
$23,001 - $26,000 966 1,206 1,578 1,950 2,376 21,288
$26,001 - $29,000 774 966 1,206 1,578 1,950 21,294
452
$29,001 - $30,000 726 774 966 1,206 1,578 21,300
$30,001 - $31,000 642 726 774 966 1,206 21,306
$31,001 - $32,000 324 642 726 774 966 21,312
$32,001 - $33,000 -0- 324 642 726 774 21,318
$33,001 - $34,000 -0- -0- 324 642 726 21,324
$34,001 - $35,000 -0- -0- -0- 324 642 21,330
$35,001 - $36,000 -0- -0- -0- -0- 324 21,336
Over $36,000 -0- -0- -0- -0- -0- 21,342
For a full-time student who is financially independent and 21,345
enrolled in an educational institution that holds a certificate 21,346
of registration from the State Board of Proprietary School 21,347
Registration, the amount of the instructional grant for two 21,349
semesters, three quarters, or a comparable portion of the
academic year shall be determined in accordance with the 21,350
following table: 21,351
Proprietary Institution Table of Grants 21,352
Maximum Grant $3,936 21,353
Gross Income Number of Dependents 21,354
0 1 2 3 4 5 or 21,361
more
Under $3,901 $3,936 $3,936 $3,936 $3,936 $3,936 $3,936 21,370
$3,901 - $4,500 3,552 3,936 3,936 3,936 3,936 3,936 21,377
$4,501 - $5,000 3,132 3,552 3,936 3,936 3,936 3,936 21,384
$5,001 - $5,500 2,742 3,132 3,552 3,936 3,936 3,936 21,391
$5,501 - $6,000 2,376 2,742 3,132 3,552 3,936 3,936 21,398
$6,001 - $6,500 1,950 2,376 2,742 3,132 3,552 3,936 21,405
$6,501 - $7,500 1,578 1,950 2,376 2,742 3,132 3,552 21,412
$7,501 - $8,500 1,206 1,578 1,950 2,376 2,742 3,132 21,419
$8,501 - $9,500 966 1,206 1,578 1,950 2,376 2,742 21,426
$9,501 - $11,000 774 966 1,206 1,578 1,950 2,376 21,433
$11,001 - $12,500 726 774 966 1,206 1,578 1,950 21,440
$12,501 - $14,000 642 726 774 966 1,206 1,578 21,447
$14,001 - $15,500 324 642 726 774 966 1,206 21,454
$15,501 - $18,500 -0- 324 642 726 774 966 21,461
453
$18,501 - $21,500 -0- -0- 324 642 726 774 21,468
$21,501 - $24,500 -0- -0- -0- 324 642 726 21,475
$24,501 - $29,200 -0- -0- -0- -0- 324 642 21,482
$29,201 - $33,900 -0- -0- -0- -0- -0- 324 21,489
Over $33,900 -0- -0- -0- -0- -0- -0- 21,496
For a full-time student who is a dependent and enrolled in 21,499
a state-assisted educational institution, the amount of the 21,500
instructional grant for two semesters, three quarters, or a 21,502
comparable portion of the academic year shall be determined in 21,503
accordance with the following table: 21,504
Public Institution Table of Grants 21,505
Maximum Grant $1,866 21,506
Gross Income Number of Dependents 21,507
1 2 3 4 5 or 21,513
more
Under $12,001 $1,866 $1,866 $1,866 $1,866 $1,866 21,521
$12,001 - $13,000 1,680 1,866 1,866 1,866 1,866 21,527
$13,001 - $14,000 1,482 1,680 1,866 1,866 1,866 21,533
$14,001 - $15,000 1,314 1,482 1,680 1,866 1,866 21,539
$15,001 - $16,000 1,128 1,314 1,482 1,680 1,866 21,545
$16,001 - $17,000 924 1,128 1,314 1,482 1,680 21,551
$17,001 - $20,000 738 924 1,128 1,314 1,482 21,557
$20,001 - $23,000 558 738 924 1,128 1,314 21,563
$23,001 - $26,000 450 558 738 924 1,128 21,569
$26,001 - $29,000 360 450 558 738 924 21,575
$29,001 - $30,000 336 360 450 558 738 21,581
$30,001 - $31,000 306 336 360 450 558 21,587
$31,001 - $32,000 156 306 336 360 450 21,593
$32,001 - $33,000 -0- 156 306 336 360 21,599
$33,001 - $34,000 -0- -0- 156 306 336 21,605
$34,001 - $35,000 -0- -0- -0- 156 306 21,611
$35,001 - $36,000 -0- -0- -0- -0- 156 21,617
Over $36,000 -0- -0- -0- -0- -0- 21,623
For a full-time student who is financially independent and 21,626
454
enrolled in a state-assisted educational institution, the amount 21,627
of the instructional grant for two semesters, three quarters, or 21,629
a comparable portion of the academic year shall be determined in 21,631
accordance with the following table:
Public Institution Table of Grants 21,632
Maximum Grant $1,866 21,633
Gross Income Number of Dependents 21,634
0 1 2 3 4 5 or 21,642
more
Under $3,901 $1,866 $1,866 $1,866 $1,866 $1,866 $1,866 21,651
$3,901 - $4,500 1,680 1,866 1,866 1,866 1,866 1,866 21,658
$4,501 - $5,000 1,482 1,680 1,866 1,866 1,866 1,866 21,665
$5,001 - $5,500 1,314 1,482 1,680 1,866 1,866 1,866 21,672
$5,501 - $6,000 1,128 1,314 1,482 1,680 1,866 1,866 21,679
$6,001 - $6,500 924 1,128 1,314 1,482 1,680 1,866 21,686
$6,501 - $7,500 738 924 1,128 1,314 1,482 1,680 21,693
$7,501 - $8,500 558 738 924 1,128 1,314 1,482 21,700
$8,501 - $9,500 450 558 738 924 1,128 1,314 21,707
$9,501 - $11,000 360 450 558 738 924 1,128 21,714
$11,001 - $12,500 336 360 450 558 738 924 21,721
$12,501 - $14,000 306 336 360 450 558 738 21,728
$14,001 - $15,500 156 306 336 360 450 558 21,735
$15,501 - $18,500 -0- 156 306 336 360 450 21,742
$18,501 - $21,500 -0- -0- 156 306 336 360 21,749
$21,501 - $24,500 -0- -0- -0- 156 306 336 21,756
$24,501 - $29,200 -0- -0- -0- -0- 156 306 21,763
$29,201 - $33,900 -0- -0- -0- -0- -0- 156 21,770
Over $33,900 -0- -0- -0- -0- -0- -0- 21,777
The foregoing appropriation item, 235-503, Ohio 21,780
Instructional Grants, shall be used to make the payments 21,781
authorized by division (C) of section 3333.26 of the Revised Code 21,782
to the institutions described in that division. In addition, 21,783
this appropriation shall be used to reimburse the institutions 21,784
described in division (B) of section 3333.26 of the Revised Code 21,785
455
for the cost of the waivers required by that division. 21,786
War Orphans' Scholarships 21,788
The foregoing appropriation item 235-504, War Orphans' 21,790
Scholarships, shall be used to reimburse state-assisted 21,791
institutions of higher education for waivers of instructional 21,792
fees and general fees provided by them, and to provide grants to 21,793
institutions that have received a certificate of authorization 21,794
from the Ohio Board of Regents under Chapter 1713. of the Revised 21,795
Code, in accordance with the provisions of section 5910.04 of the 21,796
Revised Code, and to fund additional scholarship benefits 21,797
provided by section 5910.032 of the Revised Code. 21,798
Part-time Student Instructional Grants 21,800
The foregoing appropriation item 235-549, Part-time Student 21,802
Instructional Grants, shall be used to support a grant program 21,803
for part-time undergraduate students who are Ohio residents and 21,804
who are enrolled in degree granting programs. 21,805
Eligibility for participation in the program shall include 21,808
degree granting educational institutions that hold a certificate 21,809
of registration from the State Board of Proprietary School 21,810
Registration, and nonprofit institutions that have a certificate 21,811
of authorization issued pursuant to Chapter 1713. of the Revised 21,812
Code, as well as state-assisted colleges and universities. 21,813
Grants shall be given to students on the basis of need, as 21,814
determined by the college, which will, in making these
determinations, give special consideration to single-parent 21,815
heads-of-household and displaced homemakers who enroll in an 21,816
educational degree program that prepares the individual for a 21,817
career. In determining need, the college also shall consider the 21,818
availability of educational assistance from a student's employer. 21,820
It is the intent of the General Assembly that these grants not 21,821
supplant such assistance.
Section 7.08. Capitol Scholarship Programs 21,823
The foregoing appropriation item 235-518, Capitol 21,825
Scholarship Programs, shall be used to provide one hundred 21,826
456
twenty-five scholarships in each fiscal year in the amount of 21,828
$2,000 each for students enrolled in Ohio's public and private 21,829
institutions of higher education to participate in the Washington 21,830
Center Internship Program. The scholarships shall be matched by 21,831
the Washington Center's scholarship funds. 21,832
Student Choice Grants 21,834
The foregoing appropriation item 235-531, Student Choice 21,836
Grants, shall be used to support the Student Choice Grant Program 21,837
created by section 3333.27 of the Revised Code. 21,838
Student Workforce Development Grants 21,840
The foregoing appropriation item 235-534, Student Workforce 21,842
Development Grants, shall be used to support the Student 21,844
Workforce Development Grant program. Of the appropriated funds 21,846
available, the Board of Regents shall distribute grants of up to 21,847
$200 to each eligible student in an academic year.
Academic Scholarships 21,849
Notwithstanding the provision in section 3333.22 of the 21,851
Revised Code requiring the annual amount of a scholarship for a 21,852
scholar to be $2,000, in lieu of that amount the annual 21,853
scholarship amount awarded to any scholar who received a 21,854
scholarship for the 1994-1995 academic year shall be $1,000 for 21,855
any academic year for which the scholar is eligible for a 21,856
scholarship under section 3333.22 of the Revised Code. 21,857
Physician Loan Repayment 21,859
The foregoing appropriation item 235-604, Physician Loan 21,861
Repayment, shall be used in accordance with sections 3702.71 to 21,863
3702.81 of the Revised Code.
Nursing Loan Program 21,865
The foregoing appropriation item 235-606, Nursing Loan 21,867
Program, shall be used to administer the nurse education 21,868
assistance program. Up to $148,000 in fiscal year 2000 and 21,869
$152,000 in fiscal year 2001 may be used for operating expenses 21,870
associated with the program. Any additional funds needed for the 21,871
administration of the program are subject to Controlling Board 21,872
457
approval. 21,873
Section 7.09. Cooperative Extension Service 21,875
Of the foregoing appropriation item 235-511, Cooperative 21,877
Extension Service, $210,000 in each fiscal year shall be used for 21,879
additional staffing for county agents for expanded 4-H 21,880
activities. Of the foregoing appropriation item 235-511, 21,881
Cooperative Extension Service, $210,000 in each fiscal year shall 21,883
be used by the Cooperative Extension Service, through the
Enterprise Center for Economic Development in cooperation with 21,884
other agencies, for a public-private effort to create and operate 21,885
a small business economic development program to enhance the 21,886
development of alternatives to the growing of tobacco, and 21,887
implement through applied research and demonstration, the 21,888
production and marketing of other high value crops and 21,889
value-added products. Of the foregoing appropriation item 21,890
235-511, Cooperative Extension Service, $65,000 in each fiscal 21,891
year shall be used for farm labor mediation and education 21,892
programs. Of the foregoing appropriation item 235-511, 21,893
Cooperative Extension Service, $215,000 in each fiscal year shall 21,894
be used to support the Ohio State University Marion Enterprise 21,895
Center.
Of the foregoing appropriation item 235-511, Cooperative 21,897
Extension Service, $680,000 in fiscal year 2000 and $910,500 in 21,898
fiscal year 2001 shall be used to support the Ohio Watersheds 21,899
Initiative.
Agricultural Research and Development Center 21,901
Of the foregoing appropriation item 235-535, Agricultural 21,903
Research and Development Center, $950,000 in each fiscal year 21,904
shall be distributed to the Piketon Agricultural Research and 21,906
Extension Center.
Of the foregoing appropriation item 235-535, Agricultural 21,908
Research and Development Center, $250,000 in each fiscal year 21,909
shall be distributed to the Raspberry/Strawberry-Ellagic Acid 21,910
Research program at the Ohio State University Medical College in 21,911
458
cooperation with the Ohio State University College of 21,912
Agriculture.
Of the foregoing appropriation item 235-535, Agricultural 21,914
Research and Development Center, $50,000 in each fiscal year 21,915
shall be used to support the Ohio Berry Administrator. 21,916
Of the foregoing appropriation item 235-535, Agricultural 21,918
Research and Development Center, $100,000 in each fiscal year 21,919
shall be used for the development of agricultural crops and 21,920
products not currently in widespread production in Ohio, in order 21,921
to increase the income and viability of family farmers. 21,922
Cooperative Extension Service and Agricultural Research and 21,925
Development Center
The foregoing appropriation items 235-511, Cooperative 21,927
Extension Service, and 235-535, Agricultural Research and 21,928
Development Center, shall be disbursed through the Ohio Board of 21,929
Regents to The Ohio State University in monthly payments, unless 21,930
otherwise determined by the Director of Budget and Management 21,931
pursuant to the provisions of section 126.09 of the Revised Code. 21,933
Of the foregoing appropriation item 235-535, Agricultural
Research and Development Center, $540,000 in each fiscal year 21,934
shall be used to purchase equipment. 21,935
The Ohio Agricultural Research and Development Center shall 21,937
not be required to remit payment to The Ohio State University 21,938
during the 1999-2001 biennium for cost reallocation assessments. 21,940
The cost reallocation assessments include, but are not limited 21,941
to, any assessment on state appropriations to the center. 21,942
Section 7.10. Sea Grants 21,944
The foregoing appropriation item 235-402, Sea Grants, shall 21,946
be disbursed to The Ohio State University. The funds from this 21,947
appropriation item shall be used to conduct research on fish in 21,948
Lake Erie.
Information System 21,950
The foregoing appropriation item 235-409, Information 21,952
System, shall be used by the Board of Regents to revise the 21,953
459
higher education data system known as the Uniform Information 21,954
System.
Student Services 21,956
The foregoing appropriation item 235-502, Student Support 21,958
Services, shall be distributed by the Board of Regents to Ohio's 21,959
state-assisted colleges and universities that incur 21,960
disproportionate costs in the provision of support services to 21,961
disabled students.
Central State Supplement 21,963
Of the foregoing appropriation item 235-514, Central State 21,965
Supplement, $100,000 in fiscal year 2000 shall be used in a 21,966
collaboration between the Board of Regents and the Institute for 21,967
Urban Education for planning purposes; $400,000 in fiscal year 21,968
2000 shall be distributed to the Institute for Urban Education;
and $1,000,000 in fiscal year 2001 shall be distributed to the 21,970
Institute for Urban Education.
Shawnee State Supplement 21,972
The foregoing appropriation item 235-520, Shawnee State 21,974
Supplement, shall be used by Shawnee State University as detailed 21,975
by both of the following: 21,976
(A) To allow Shawnee State University to keep its 21,978
undergraduate fees below the statewide average, consistent with 21,979
its mission of service to an economically depressed Appalachian 21,980
region;
(B) To allow Shawnee State University to employ new 21,982
faculty to develop and teach in new degree programs that meet the 21,983
needs of Appalachians.
Police and Fire Protection 21,985
The foregoing appropriation item 235-524, Police and Fire 21,987
Protection, shall be used for police and fire services in the 21,988
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, 21,989
Portsmouth, Xenia Township (Greene County), and Rootstown 21,990
Township, which may be used to assist these local governments in
providing police and fire protection for the central campus of 21,991
460
the state-affiliated university located therein. Each 21,992
participating municipality and township shall receive at least 21,993
five thousand dollars per year. Funds shall be distributed by 21,994
the Ohio Board of Regents.
School of International Business 21,996
Of the foregoing appropriation item 235-547, School of 21,998
International Business, $1,243,637 in each fiscal year shall be 21,999
used for the continued development and support of the School of 22,000
International Business of the state universities of northeast 22,001
Ohio. The money shall go to the University of Akron. These 22,002
funds shall be used by the university to establish a School of 22,003
International Business located at the University of Akron. It 22,004
may confer with the Kent State University, Youngstown State 22,005
University, and Cleveland State University as to the curriculum 22,006
and other matters regarding the school.
Of the foregoing appropriation item 235-547, School of 22,008
International Business, $250,000 in each fiscal year shall be 22,009
used to support the University of Toledo International Business 22,010
Institute.
Of the foregoing appropriation item 235-547, School of 22,012
International Business, $250,000 in each fiscal year shall be 22,013
used to support the Ohio State University MUCIA program. 22,015
Capital Component 22,017
The foregoing appropriation item 235-552, Capital 22,019
Component, shall be used by the Ohio Board of Regents to 22,020
implement the capital funding policy for state-assisted colleges 22,021
and universities established in Am. H.B. No. 748 of the 121st 22,023
General Assembly. Appropriations from this item shall be
distributed to all campuses for which the estimated campus debt 22,024
service attributable to new qualifying capital projects is less 22,026
than the campus' formula-determined capital component allocation.
Campus allocations shall be determined by subtracting the 22,027
estimated campus debt service attributable to new qualifying 22,028
capital projects from campus formula-determined capital component 22,029
461
allocation. Moneys distributed from this appropriation item 22,030
shall be restricted to capital-related purposes. 22,031
Dayton Area Graduate Studies Institute 22,033
The foregoing appropriation item 235-553, Dayton Area 22,035
Graduate Studies Institute, shall be used by the Ohio Board of 22,036
Regents to support the Dayton Area Graduate Studies Institute, an 22,037
engineering graduate consortium of three universities in the 22,038
Dayton area - Wright State University, The University of Dayton, 22,039
and the Air Force Institute of Technology - with the
participation of the University of Cincinnati and The Ohio State 22,040
University.
Long-Term Care Research 22,042
The foregoing appropriation item 235-558, Long-term Care 22,044
Research, shall be disbursed to Miami University for long-term 22,045
care research.
BGSU Canadian Studies Center 22,047
The foregoing appropriation item 235-561, BGSU Canadian 22,049
Studies Center, shall be used by the Canadian Studies Center at 22,050
Bowling Green State University to study opportunities for Ohio 22,052
and Ohio businesses to benefit from the Free Trade Agreement 22,053
between the United States and Canada.
Urban University Programs 22,055
Of the foregoing appropriation item 235-583, Urban 22,057
University Programs, universities receiving funds which are used 22,059
to support an ongoing university unit must certify periodically 22,060
in a manner approved by the Ohio Board of Regents that program 22,061
funds are being matched on a one-to-one basis with equivalent 22,062
resources. Overhead support may not be used to meet this 22,063
requirement. Where Urban University Program funds are being used 22,064
to support an ongoing university unit, matching funds must come 22,065
from continuing rather than one-time sources. At each 22,066
participating state-assisted institution of higher education, 22,067
matching funds must be within the substantial control of the 22,068
individual designated by the institution's president as the Urban 22,069
462
University Program representative. 22,070
Of the foregoing appropriation item 235-583, Urban 22,072
University Programs, $380,000 in each fiscal year shall be used 22,073
to support a public communication outreach program (WCPN). The 22,075
primary purpose of the program shall be to develop a relationship 22,076
between Cleveland State University and nonprofit communications
entities. 22,077
Of the foregoing appropriation item 235-583, Urban 22,079
University Programs, $180,000 in each fiscal year shall be used 22,080
to support the Center for the Interdisciplinary Study of 22,081
Education and the Urban Child at Cleveland State University. 22,083
These funds shall be distributed according to rules adopted by 22,084
the Ohio Board of Regents and shall be used by the center for 22,085
interdisciplinary activities targeted toward increasing the 22,086
chance of lifetime success of the urban child, including 22,087
interventions beginning with the prenatal period. The primary 22,088
purpose of the center is to study issues in urban education and 22,089
to systematically map directions for new approaches and new 22,090
solutions by bringing together a cadre of researchers, scholars, 22,091
and professionals representing the social, behavioral, education, 22,092
and health disciplines.
Of the foregoing appropriation item 235-583, Urban 22,095
University Programs, $260,000 in each fiscal year shall be used 22,096
to support the Kent State University Learning and Technology 22,097
Project. This project is a kindergarten through university 22,098
collaboration between schools surrounding Kent's eight campuses 22,099
in northeast Ohio, and corporate partners who will assist in 22,100
development and delivery. 22,101
The Kent State University Project shall provide a faculty 22,103
member who has a full-time role in the development of 22,104
collaborative activities and teacher instructional programming 22,105
between Kent and the K-12th grade schools that surround its eight 22,106
campuses; appropriate student support staff to facilitate these 22,107
programs and joint activities; and hardware and software to 22,108
463
schools that will make possible the delivery of instruction to 22,109
pre-service and in-service teachers, and their students, in their 22,110
own classrooms or school buildings. This shall involve the 22,111
delivery of low-bandwidth streaming video and web-based 22,112
technologies in a distributed instructional model. 22,113
Of the foregoing appropriation item 235-583, Urban 22,115
University Programs, $100,000 in each fiscal year shall be used 22,116
to support the Ameritech Classroom/Center for Research at Kent 22,117
State University. 22,118
Of the foregoing appropriation item 235-583, Urban 22,120
University Programs, $1,278,373 in fiscal year 2000 and 22,121
$1,000,000 in fiscal year 2001 shall be used to support the 22,123
Polymer Distance Learning Project at the University of Akron. Of
these amounts, $1,000,000 shall be used in fiscal year 2000 for 22,124
the Polymer Distance Learning Project and $278,373 shall be used 22,125
in fiscal year 2000 for the university's primary and secondary 22,126
school distance learning project; $1,000,000 shall be used in 22,127
fiscal year 2001 for the Polymer Distance Learning Project. 22,128
Of the foregoing appropriation item 235-583, Urban 22,130
University Programs, $500,000 in fiscal year 2000 shall be used 22,131
to support general arts programming at the University of Akron. 22,132
Of the foregoing appropriation item 235-583, Urban 22,134
University Programs, $50,000 in each fiscal year shall be 22,135
distributed to the Kent State University/Cleveland Design Center 22,136
program.
Of the foregoing appropriation item 235-583, Urban 22,138
University Programs, $250,000 in each fiscal year shall be used 22,139
to support the Bliss Institute of Applied Politics at the 22,140
University of Akron.
Of the foregoing appropriation item 235-583, Urban 22,142
University Programs, $250,000 in fiscal year 2000 shall be used 22,143
to support the Cleveland State University Applied Digital 22,144
Technology Center/WVIZ.
Of the foregoing appropriation item 235-583, Urban 22,146
464
University Programs, $15,000 in each fiscal year shall be used 22,147
for the Advancing-Up Program at the University of Akron. 22,148
Of the foregoing appropriation item 235-583, Urban 22,150
University Programs, $650,000 in fiscal year 2000 shall be used 22,152
for the Cleveland State University Technology Link. 22,153
Of the remainder of the appropriation, 50 per cent of the 22,155
total in each fiscal year shall be distributed by the Ohio Board 22,156
of Regents to Cleveland State University in support of the Urban 22,157
Center of the College of Urban Affairs. The balance of the 22,158
appropriation shall be distributed to the Northeast Ohio 22,160
Interinstitutional Research Program, the Urban Linkages Program, 22,161
and the Urban Research Technical Assistance Grant Program. 22,162
International Center for Water Resources Development 22,164
The foregoing appropriation item 235-595, International 22,166
Center for Water Resources Development, shall be used to support 22,167
the International Center for Water Resources Development at 22,168
Central State University. This center shall develop methods to 22,169
improve the management of water resources for Ohio and for 22,170
emerging nations.
Rural University Projects 22,172
Of the foregoing appropriation item 235-587, Rural 22,174
University Projects, Bowling Green State University shall receive 22,175
$211,330 in fiscal year 2000 and $216,400 in fiscal year 2001. 22,176
Miami University shall receive $323,365 in fiscal year 2000 and 22,177
$331,125 in fiscal year 2001. Ohio University shall receive 22,178
$738,375 in fiscal year 2000 and $756,099 in fiscal year 2001.
These funds shall be used to support the Institute for Local 22,180
Government Administration and Rural Development at Ohio
University, the Center for Public Management and Regional Affairs 22,181
at Miami University, and the public administration program at 22,182
Bowling Green State University. 22,183
Of the foregoing appropriation item 235-587, Rural 22,185
University Projects, $25,000 in each fiscal year shall be used to 22,186
support the Washington State Community College day care center. 22,187
465
Of the foregoing appropriation item 235-587, Rural 22,189
University Projects, $75,000 in fiscal year 2001 shall be used to 22,190
support the COAD/ILGARD/GOA Appalachian Leadership Initiative. 22,191
A small portion of the funds provided to Ohio University 22,194
shall be used to establish a satellite office of the Institute 22,195
for Local Government Administration and Rural Development at 22,196
Shawnee State University. A small portion of the funds provided 22,197
to Ohio University shall also be used for the Institute for Local 22,198
Government Administration and Rural Development State and Rural 22,199
Policy Partnership with the Governor's Office of Appalachia and
the Appalachian delegation of the General Assembly. 22,200
Ohio Resource Center for Math, Science, and Reading 22,202
The foregoing appropriation item 235-588, Ohio Resource 22,204
Center for Math, Science, and Reading, shall be used to support a 22,205
resource center for mathematics, science, and reading to be 22,206
located at a state-assisted university for the purpose of 22,207
identifying best educational practices in primary and secondary 22,208
schools and establishing methods for communicating them to
colleges of education and school districts. 22,209
Prior to December 31, 1999, the Governor, the 22,211
Superintendent of Public Instruction, and the Chancellor of the 22,212
Ohio Board of Regents shall conduct a search for the best 22,213
location for the establishment of the Ohio Resource Center for 22,214
Mathematics, Science, and Reading. The location selected shall
be on the campus of one of the state universities named in 22,215
section 3345.011 of the Revised Code. The university selected 22,216
shall be chosen on a competitive basis from among those 22,217
universities that apply to the Board of Regents.
Hazardous Materials Program 22,219
The foregoing appropriation item 235-596, Hazardous 22,221
Materials Program, shall be disbursed to Cleveland State 22,222
University for the operation of a program to certify firefighters 22,223
for the handling of hazardous materials. Training shall be 22,224
available to all Ohio firefighters.
466
National Guard Tuition Grant Program 22,226
The Board of Regents shall disburse funds from 22,228
appropriation item 235-599, National Guard Tuition Grant Program, 22,229
at the direction of the Adjutant General. 22,230
Ohio Higher Educational Facility Commission Support 22,232
The foregoing appropriation item 235-602, HEFC 22,234
Administration, shall be used by the Board of Regents for 22,235
operating expenses related to the Board of Regents' support of 22,236
the activities of the Ohio Higher Educational Facility 22,237
Commission. Upon the request of the chancellor, the Director of 22,238
Budget and Management shall transfer up to $12,000 cash from Fund 22,239
461 to Fund 4E8 in each fiscal year of the biennium. 22,240
Section 7.11. Repayment of Research Facility Investment 22,242
Fund Moneys
Notwithstanding any provision of law to the contrary, all 22,244
repayments of Research Facility Investment Fund loans shall be 22,245
made to the Bond Service Trust Fund. All Research Facility 22,247
Investment Fund loan repayments made prior to the effective date 22,248
of this section shall be transferred by the Director of Budget
and Management to the Bond Service Trust Fund within sixty days 22,250
of the effective date of this section. 22,251
Campuses are required to make timely repayments of Research 22,253
Facility Investment Fund loans, according to the schedule 22,254
established by the Board of Regents. In the case of late 22,255
payments, the Board of Regents is authorized to deduct from an 22,256
institution's periodic subsidy distribution an amount equal to
the amount of the overdue payment for that institution, transfer 22,257
such amount to the Bond Service Trust Fund, and credit the 22,258
appropriate institution for the repayment. 22,259
Veterans' Preference 22,261
The Board of Regents shall work with the Governor's Office 22,263
of Veterans' Affairs to develop specific veterans' preference 22,264
guidelines for higher education institutions. These guidelines 22,265
shall ensure that the institutions' hiring practices are in 22,266
467
accordance with the intent of Ohio's veterans' preference laws. 22,267
Section 7.12. Central State University 22,269
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, 22,271
and 3345.76 of the Revised Code and 126:3-1-01 of the Ohio 22,272
Administrative Code, Central State University shall adhere to the 22,273
following fiscal standards:
(1) Maintenance of a balanced budget and filing of 22,275
quarterly reports on an annualized budget with the Board of 22,276
Regents, comparing the budget to actual spending and revenues 22,277
with projected expenditures and revenues for the remainder of the 22,278
year. Such reports shall include narrative explanations as
appropriate and be filed within 30 days of the end of the 22,279
quarter.
(2) Timely and accurate assessment of the current and 22,281
projected cash flow of university funds, by fund type; 22,282
(3) Timely reconciliation of all university cash and 22,284
general ledger accounts, by fund; 22,285
(4) Submission to the Auditor of State financial 22,287
statements consistent with audit requirements prescribed by the 22,288
Auditor of State within four months after the end of the fiscal 22,289
year;
(5) Completion of an audit within six months after the end 22,291
of the fiscal year. 22,292
The Director of Budget and Management shall provide 22,294
clarification to the university on these fiscal standards as 22,295
deemed necessary. The director may also take such actions as are 22,296
necessary to ensure that the university adheres to these 22,297
standards and other fiscal standards consistent with generally
accepted accounting principles and the requirements of external 22,298
entities providing funding to the university. Such actions may 22,299
include the appointment of a financial consultant to assist 22,300
Central State University in the continuous process of design and 22,301
implementation of responsible systems of financial management and 22,302
accounting.
468
(B) The director's fiscal oversight shall continue until 22,304
such time as the university meets the same criteria as those 22,305
created in 126:3-1-01(F) of the Ohio Administrative Code for the 22,307
termination of a fiscal watch. At that time Central State 22,308
University shall be relieved of the requirements of this section
and subject to the requirements of sections 3345.72, 3345.74, 22,309
3345.75, and 3345.76 of the Revised Code. 22,310
Any encumbered funds remaining from appropriation item 22,312
042-407, Central State Deficit, as appropriated in Am. Sub. S.B. 22,313
6 of the 122nd General Assembly shall be released during the 22,314
1999-2001 biennium for nonrecurring expenses contingent upon the 22,315
approval of the Director of Budget and Management.
Section 7.13. Technical College District Refinancing of 22,317
Leases for Housing and Dining Facilities 22,318
Notwithstanding section 3357.112 of the Revised Code, a 22,320
technical college district established under Chapter 3357. of the 22,321
Revised Code that is the lessee of housing and dining facilities 22,322
under a lease entered into prior to September 17, 1996, may enter 22,323
into an amendment to that lease and may acquire, by purchase, 22,324
lease-purchase, lease with option to purchase, or otherwise, 22,325
those housing and dining facilities that are the subject of that 22,326
lease. To pay all or part of the costs of acquiring those 22,327
housing and dining facilities, and to refund obligations 22,328
previously issued for such purpose, a technical college district 22,329
may issue obligations in the manner provided by and subject to 22,330
the applicable provisions of section 3345.12 of the Revised Code 22,331
and Sections 99.03 and 99.06 of Am. Sub. H.B. 215 of the 122nd 22,332
General Assembly.
Section 7.14. Non-Profit Research Capital Support 22,334
Notwithstanding Section 30.06 of H.B. 850 of the 122nd 22,336
General Assembly, of the appropriation item CAP-063, Non-Profit 22,337
Research Capital Support, $6,300,000 shall be assigned to 22,338
Cleveland State University to be used to award a grant to a 22,339
capital project at the Cleveland Clinic Foundation to advance 22,340
469
biomedical research. 22,341
Notwithstanding Section 30.06 of H.B. 850 of the 122nd 22,343
General Assembly, of the appropriation item CAP-063, Non-Profit 22,344
Research Capital Support, $1,700,000 shall be assigned to the 22,345
Wallace-Kettering Neuroscience Institute.
Section 8. OSB OHIO STATE SCHOOL FOR THE BLIND 22,347
General Revenue Fund 22,349
GRF 226-100 Personal Services $ 5,540,996 $ 5,631,645 22,354
GRF 226-200 Maintenance $ 676,533 $ 714,732 22,358
GRF 226-300 Equipment $ 69,534 $ 101,203 22,362
TOTAL GRF General Revenue Fund $ 6,287,063 $ 6,447,580 22,365
General Services Fund Group 22,367
4H8 226-602 Education Reform 22,370
Grants $ 29,900 $ 29,900 22,372
TOTAL GSF General Services 22,373
Fund Group $ 29,900 $ 29,900 22,376
State Special Revenue Fund Group 22,378
4M5 226-601 Work Study & 22,381
Technology
Investments $ 40,083 $ 40,924 22,383
TOTAL SSR State Special Revenue 22,384
Fund Group $ 40,083 $ 40,924 22,387
Federal Special Revenue Fund Group 22,389
3P5 226-643 Medicaid Professional 22,392
Services
Reimbursement $ 125,000 $ 125,000 22,394
310 226-626 Coordinating Unit $ 1,173,036 $ 1,195,850 22,398
TOTAL FED Federal Special 22,399
Revenue Fund Group $ 1,298,036 $ 1,320,850 22,402
TOTAL ALL BUDGET FUND GROUPS $ 7,655,082 $ 7,839,254 22,405
Maintenance 22,408
Of the foregoing appropriation item 226-200, Maintenance, 22,410
up to $21,962 in fiscal year 2001 shall be used to purchase 22,411
Braille and large-print textbooks in the areas of reading, 22,412
470
mathematics, and spelling for grades kindergarten through six. 22,413
Equipment 22,415
Of the foregoing appropriation item 226-300, Equipment, 22,417
$30,000 in fiscal year 2001 shall be used to purchase a van 22,418
equipped with a hydraulic lift for wheelchairs. 22,419
Section 9. OSD OHIO STATE SCHOOL FOR THE DEAF 22,421
General Revenue Fund 22,423
GRF 221-100 Personal Services $ 6,996,372 $ 7,500,996 22,428
GRF 221-200 Maintenance $ 944,938 $ 998,596 22,432
GRF 221-300 Equipment $ 180,715 $ 190,975 22,436
TOTAL GRF General Revenue Fund $ 8,122,025 $ 8,690,567 22,439
General Services Fund Group 22,441
4M1 221-602 Education Reform 22,444
Grants $ 64,867 $ 65,210 22,446
TOTAL GSF General Services 22,447
Fund Group $ 64,867 $ 65,210 22,450
State Special Revenue Fund Group 22,452
4M0 221-601 Educational Program 22,455
Expenses $ 16,890 $ 17,363 22,457
TOTAL SSR State Special Revenue 22,458
Fund Group $ 16,890 $ 17,363 22,461
Federal Special Revenue Fund Group 22,463
3R0 221-684 Medicaid Professional 22,466
Services
Reimbursement $ 80,000 $ 82,240 22,468
311 221-625 Coordinating Unit $ 848,780 $ 871,271 22,472
TOTAL FED Federal Special 22,473
Revenue Fund Group $ 928,780 $ 953,511 22,476
TOTAL ALL BUDGET FUND GROUPS $ 9,132,562 $ 9,726,651 22,479
Maintenance 22,482
Of the foregoing appropriation item 221-200, Maintenance, 22,484
$30,979 in fiscal year 2001 shall be used to renovate classrooms. 22,485
Equipment 22,487
Of the foregoing appropriation item 221-300, Equipment, 22,489
471
$5,923 in fiscal year 2001 shall be used to purchase security 22,490
equipment, including steel doors, computerized locks, and 22,491
television surveillance equipment.
Section 10. SFC SCHOOL FACILITIES COMMISSION 22,493
General Revenue Fund 22,495
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 22,500
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 22,503
State Special Revenue Fund Group 22,506
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 22,511
TOTAL SSR State Special Revenue 22,512
Fund Group $ 2,609,726 $ 2,738,277 22,515
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 22,518
Lease Rental Payments 22,521
The foregoing appropriation item 230-428, Lease Rental 22,523
Payments, shall be used by the School Facilities Commission to 22,524
pay bond service charges on obligations issued pursuant to 22,525
Chapter 3318. of the Revised Code.
Operating Expenses 22,527
The foregoing appropriation item 230-644, Operating 22,529
Expenses, shall be used by the Ohio School Facilities Commission 22,530
to carry out its responsibilities pursuant to this section and 22,531
Chapter 3318. of the Revised Code. 22,532
Within ten days after the effective date of this section, 22,534
or as soon as possible thereafter, the Executive Director of the 22,535
Ohio School Facilities Commission shall certify to the Director 22,536
of Budget and Management the amount of cash to be transferred 22,537
from the School Building Assistance Fund (Fund 032) or the Public 22,538
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3). 22,539
By July 10, 2000, the Executive Director of the Ohio School 22,541
Facilities Commission shall certify to the Director of Budget and 22,542
Management the amount of cash to be transferred from the School 22,543
Building Assistance Fund (Fund 032) or the Public School Building 22,544
Fund (Fund 021) to the Ohio School Facilities Commission Fund 22,545
472
(Fund 5E3).
Prior Year Encumbrances 22,547
At the request of the Director of the Ohio School 22,549
Facilities Commission, the Director of Budget and Management may 22,550
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 22,551
School Building Program Assistance, and reestablish such 22,552
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 22,553
CAP-622 shall not be increased as a result of reestablishing such 22,554
encumbrances. An amount equal to the canceled encumbrances in 22,555
CAP-770 shall be appropriated to CAP-775. 22,556
Disability Access Projects 22,558
The unencumbered and unallotted balances as of June 30, 22,560
1999, in appropriation item 230-649, Disability Access Project, 22,561
are hereby reappropriated. The unencumbered and unallotted 22,563
balances of the appropriation at the end of fiscal year 2000 are 22,564
hereby reappropriated in fiscal year 2001 to fund capital 22,565
projects pursuant to this section. 22,566
(A) As used in this section: 22,568
(1) "Percentile" means the percentile in which a school 22,570
district is ranked according to the fiscal year 1998 ranking of 22,571
school districts with regard to income and property wealth under 22,572
division (B) of section 3318.011 of the Revised Code. 22,573
(2) "School district" means a city, local, or exempted 22,575
village school district, but excluding a school district that is 22,576
one of the state's 21 urban school districts as defined in 22,577
division (O) of section 3317.02 of the Revised Code, as that 22,578
section existed prior to July 1, 1998. 22,579
(3) "Valuation per pupil" means a district's total taxable 22,582
value as defined in section 3317.02 of the Revised Code divided 22,583
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 22,584
1, 1998.
(B) The School Facilities Commission shall adopt rules for 22,586
473
awarding grants to school districts with a valuation per pupil of 22,588
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of 22,589
which is to improve access to such facilities by physically 22,590
handicapped persons. The rules shall include application 22,591
procedures. No school district shall be awarded a grant under 22,592
this section in excess of $100,000. In addition, any school 22,593
district shall be required to pay a percentage of the cost of the 22,594
project or which the grant is being awarded equal to the 22,595
percentile in which the district is ranked. 22,596
(C) The School Facilities Commission is hereby authorized 22,598
to transfer a portion of appropriation item CAP-622, Public 22,600
School Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd 22,602
General Assembly, to CAP-777, Disability Access Projects, to 22,603
provide funds to make payments resulting from the approval of 22,604
applications for disability access granted received prior to 22,605
January 1, 1999. The amounts transferred are hereby
appropriated. 22,606
Section 10.01. Short-Term Loans 22,608
The School Facilities Commission may make loans to school 22,610
districts for a period of up to three years for emergency repair 22,612
or replacement of school facilities as a result of faulty design 22,613
or construction and for which the school district is engaged in a
dispute with the contractor or other responsible parties. The 22,614
interest rate of any loan issued under this section shall be 22,616
determined by the School Facilities Commission and any interest 22,617
gained under any settlement regarding faulty design or 22,618
construction in excess of the interest paid under the loan shall 22,619
be received by the commission. No moneys provided in the form of 22,620
short term loans may be used to support the legal fees of the 22,621
school district. Debt incurred under this section shall not be 22,622
included in the calculation of the net indebtedness of the school
district under section 133.06 of the Revised Code. 22,623
Section 10.02. Extreme Environmental Contamination of 22,625
474
School Facilities 22,626
Notwithstanding the provisions of Section 26 of Am. Sub. 22,628
H.B. 850 of the 122nd General Assembly regarding eligibility for 22,629
the Exceptional Needs Pilot Program, the School Facilities 22,631
Commission may provide assistance under the Exceptional Needs 22,632
Pilot Program to any school district and not exclusively a school 22,633
district in the lowest 50 per cent of adjusted valuation per 22,634
pupil on the fiscal year 1999 ranking of school districts 22,635
established pursuant to section 3317.02 of the Revised Code, for 22,636
the purpose of the relocation or replacement of school facilities 22,637
required as a result of extreme environmental contamination. 22,638
The School Facilities Commission shall contract with an 22,640
independent environmental consultant to conduct a study and to 22,641
report to the Commission as to the seriousness of the 22,642
environmental contamination, whether the contamination violates 22,643
applicable state and federal standards, and whether the 22,644
facilities are no longer suitable for use as school facilities.
The Commission shall then make a determination regarding funding 22,645
for the relocation or replacement of the school facilities. If 22,646
the federal government or other public or private entity provides 22,647
funds for restitution of costs incurred by the state or school 22,648
district in the relocation or replacement of the school 22,649
facilities, the state and the school district shall divide such 22,650
funds on the basis of the relative share of total project cost
contributed by each. 22,651
Section 10.03. Big Eight School Districts 22,653
Of the appropriation item CAP-622, Public School Buildings 22,655
contained in House Bill 283 of the 123rd General Assembly, up to 22,656
$20,000,000 shall be used by the School Facilities Commission to 22,657
provide funds to the big eight school districts as defined in 22,658
section 3314.02 of the Revised Code to be used for major 22,659
renovations and repairs of school facilities. Big eight school
districts which levy at least 2.5 voted mills for permanent 22,660
improvements shall also be elible to expend funds for additions 22,661
475
to existing facilities. Any big eight school district that 22,662
expends these funds for an addition to an existing facility shall 22,663
receive no assistance from the School Facilities Commission for
the purpose of replacing that facility for a period of at least 22,664
twenty years. These moneys shall be allocated to the big eight 22,665
school districts on a per- pupil basis, based on fiscal year 1999 22,666
average daily membership as defined in section 3317.03 of the 22,667
Revised Code. In the event a school distgrict is no longer 22,668
eligible to receive these funds as a result of becoming eligible
to receive conditional approval for participation in the 22,669
Classroom Facilities Assistance Program, the School Facilities 22,670
Commission shall reallocate the funds to the remaining eligible 22,671
districts on a per pupil basis. To be eligible to receive these 22,672
funds, each school district shall:
(1) Provide a 100 per cent match from funds that are 22,674
approved by the School Facilities Commission; 22,675
(2) Develop and submit a capital renovations plan for the 22,677
use of state and local funds subject to approval by the School 22,678
Facilities Commission.
(3) Not be eligible to receive conditional approval of the 22,680
School Facilities Commission for participation in the Classroom 22,681
Facilities Assistance Program pursuant to section 3318.04 of the 22,682
Revised Code.
Section 11. NET OHIO SCHOOLNET COMMISSION 22,684
General Revenue Fund 22,686
GRF 228-404 Operating Expenses $ 5,703,175 $ 5,483,910 22,691
GRF 228-406 Technical & 22,693
Instructional
Professional
Development $ 12,408,453 $ 12,706,256 22,695
GRF 228-539 Education Technology $ 6,707,421 $ 6,733,475 22,699
GRF 228-559 RISE - Interactive 22,701
Parenting Program $ 1,200,000 $ 1,200,000 22,703
Total GRF General Revenue Fund $ 26,019,049 $ 26,123,641 22,706
476
General Services Fund Group 22,708
5D4 228-640 Conference/Special 22,711
Purpose Expenses $ 500,000 $ 500,000 22,713
5G0 228-650 Interactive Distance 22,715
Learning $ 4,600,000 $ 10,000,000 22,717
TOTAL GSF General Services 22,718
Fund Group $ 5,100,000 $ 10,500,000 22,721
State Special Revenue Fund Group 22,724
4W9 228-630 Ohio SchoolNet 22,727
Telecommunity Fund $ 3,389,447 $ 52,813 22,729
4X1 228-634 Distance Learning $ 3,174,718 $ 3,263,413 22,733
4Y4 228-698 SchoolNet Plus $ 85,400,000 $ 0 22,737
TOTAL SSR State Special Revenue 22,738
Fund Group $ 91,964,165 $ 3,316,226 22,741
Federal Special Revenue Fund Group 22,744
3S3 228-655 Technology Literacy 22,747
Challenge $ 16,650,418 $ 16,650,418 22,749
TOTAL FED Federal Special Revenue 22,750
Fund Group $ 16,650,418 $ 16,650,418 22,753
TOTAL ALL BUDGET FUND GROUPS $ 139,733,632 $ 56,590,285 22,756
Interactive Video Distance Learning Program 22,759
The foregoing appropriation item 222-650, Interactive 22,761
Distance Learning shall be used to extend the Interactive Video 22,762
Distance Learning Program in accordance with the statewide 22,763
educational technology strategic plan. The commission shall 22,764
adopt procedures for the administration and implementation of the 22,765
Interactive Video Distance Learning Program, which shall include
application procedures, specifications for distance learning 22,766
technology, and terms and conditions for participation in the 22,767
program. The commission shall not approve any application for 22,768
participation unless it determines that the applicant can 22,769
effectively and efficiently integrate the proposed distance
learning technology into schools or the selected schools or 22,770
classrooms for the phase of the program. The commission shall 22,771
477
consider the Interactive Video Distance Learning Pilot 22,772
established in Am. Sub. H.B. 215 of the 122nd General Assembly, 22,773
and the Ohio SchoolNet Telecommunity program in Am. Sub. H. B. 22,774
627 of the 121st General Assembly, in developing application
procedures and criteria for the Interactive Video Distance 22,775
Learning Program. The commission shall give preference to lower 22,776
wealth districts or consortia of such districts that do not have 22,777
existing video teleconferencing technology.
SchoolNet Plus Program 22,779
(A) The foregoing appropriation item 228-698, SchoolNet 22,781
Plus, shall be used as follows: 22,782
(1) Up to $28,600,000 to purchase network 22,784
telecommunications equipment for each public school building in 22,785
this state to provide classroom and building access to existing 22,786
and potential statewide voice, video, and data telecommunication 22,787
services. As used in this section, "public school building" 22,788
means a school building of any city, local, exempted village, or 22,789
joint vocational school district or any community school 22,790
established under Chapter 3314. of the Revised Code. The Ohio 22,791
SchoolNet Commission, in consultation with the Department of 22,792
Education, Department of Administrative Services, and Ohio 22,793
Education Computer Network, shall define the standards and 22,794
equipment configurations necessary to maximize the efficient use 22,795
of the existing and potential statewide voice, video, and data 22,796
telecommunication services.
(2) Up to $53,300,000 to establish and equip at least one 22,798
interactive computer workstation for each five children enrolled 22,799
in the fifth grade based on the number of children each 22,800
qualifying school district has enrolled in the fifth grade as 22,801
reported in October 1999 pursuant to division (A) of section 22,802
3317.03 of the Revised Code. 22,803
To the extent the Ohio SchoolNet Commission can reduce the 22,805
purchase cost of an interactive computer workstation through 22,806
efficient purchasing methods, the commission may utilize any cost 22,807
478
savings to begin a subsequent round of funding to provide 22,808
interactive computer workstations to qualifying school districts. 22,809
The commission may select qualifying school districts to receive 22,810
the proceeds of any savings based on district readiness to 22,811
utilize interactive computer workstations. The commission may 22,812
determine readiness on either a district-wide or individual 22,813
classroom or grade-level basis or by such other criteria deemed 22,814
appropriate by the commission. 22,815
(3) Up to $1,000,000 to pay for the cost of an independent 22,817
review of all the agencies in this state that deliver education 22,818
technology, as called for in Recommendation One of the Report of 22,819
the Ohio School Technology Implementation Task Force; 22,820
(4) Up to $1,500,000 to pay for the cost of a statewide 22,822
educational technology strategic planning process as called for 22,823
in Recommendation Two of the Report of the Ohio Schools 22,824
Technology Implementation Task Force; 22,825
(5) Up to $1,000,000 in fiscal year 2000 shall be provided 22,827
by the Ohio SchoolNet Commission to the INFOhio Network of 22,829
library resources to support the provision of electronic
resources to all public schools with preference given to 22,830
elementary schools. Consideration shall be given to coordinating 22,831
the allocation of these moneys with the efforts of OhioLINK and 22,832
the Ohio Public Information Network.
(B)(1) Not later than November 30, 1999, the Executive 22,834
Director of the Ohio SchoolNet Commission shall allocate to 22,835
school districts pursuant to division (B)(2) of this section the 22,836
amount authorized under division (A)(2) of this section. A 22,837
school district's allocation shall remain available until the 22,838
district is ready to use it, and the school district may use its 22,839
allocation in phases. A school district may use a portion of its 22,840
allocation for training and staff development related to the 22,841
project if approved by the Ohio SchoolNet Commission under 22,842
division (C) of this section.
(2) The commission shall allocate total subsidy amounts to 22,844
479
qualifying school districts as follows: 22,845
(a) In the case of qualifying school districts with 22,847
taxable value per pupil equal to or less than the statewide 22,848
median district taxable value per pupil or qualifying school 22,849
districts with a formula ADM of less than 150, the per pupil 22,850
subsidy shall be $500.
(b) In the case of qualifying school districts with 22,852
taxable value per pupil greater than the statewide median 22,853
district taxable value per pupil, but less than $200,000 per 22,854
pupil, the per pupil subsidy shall be $500 minus the amount 22,855
yielded by the following formula:
$500 multiplied by [(district's taxable value per pupil 22,857
minus statewide median district taxable value per pupil) divided 22,858
by (200,000 minus statewide median district taxable value per 22,859
pupil)<
(3) As used in division (B)(2) of this section: 22,861
(a) "District's taxable value per pupil" and "state 22,863
taxable value per pupil" have the same meanings as in section 22,864
3317.0215 of the Revised Code. 22,865
(b) "Total subsidy" means per pupil subsidy as determined 22,867
under division (B)(2)(a) or (b) of this section multiplied by the 22,868
number of fifth grade students reported by the qualifying school 22,869
district under division (A) of section 3317.03 of the Revised 22,870
Code.
(c) "Formula ADM" has the same meaning as in section 22,872
3317.02 of the Revised Code. 22,873
(C) The Ohio SchoolNet Commission shall adopt procedures 22,875
for the administration and implementation of the SchoolNet Plus 22,876
Program. The procedures shall include application procedures, 22,877
specifications for education technology, and terms and conditions 22,878
for participation in the program. The commission shall not 22,879
approve any application for participation in the program unless 22,880
it has determined that the applicant can effectively and 22,881
efficiently integrate the requested education technology into 22,882
480
schools or the selected schools or classrooms for the phase of 22,883
the program.
(D) Educational technology made available to school 22,885
districts under division (B) of this section shall be used as an 22,886
integrated part of the curriculum in fifth grade classrooms. 22,887
However, if the commission determines that a school district 22,888
already has at least one interactive computer workstation for 22,889
each five children enrolled in the fifth grade, and the district 22,890
meets other minimum requirements that may be established by the 22,891
commission concerning staff training and other education 22,892
technology for such grades, the commission may permit the school 22,893
district to use educational technology made available to it 22,894
through the SchoolNet Plus Program for children in grades six 22,895
through twelve. Any funds not allocated by the commission in 22,896
division (B) of this section shall be allocated as a first 22,897
priority to community schools as established under Chapter 3314. 22,898
of the Revised Code. The commission shall develop community 22,899
schools application procedures, specifications for education 22,900
technology, and terms and conditions for participation in the 22,901
program. The commission shall not approve any application for 22,902
participation in the program unless it has determined that the 22,903
applicant can effectively and efficiently integrate the requested 22,904
education technology into schools or the selected schools or 22,905
classrooms for the phase of the program.
(E) As used in this section: 22,907
(1) "Qualifying school district" means any city, local, or 22,909
exempted village school district. 22,910
(2) "Educational technology" includes, but is not limited 22,912
to, project-related computer hardware, equipment, training, and 22,913
services; equipment used for two-way audio or video; software; 22,914
and textbooks. 22,915
(F) Within thirty days of the effective date of this 22,918
section, the Director of Budget and Management shall transfer any 22,919
unencumbered and unallotted balance in appropriation item 22,920
481
228-698, SchoolNet Plus, for fiscal year 1999 to appropriation 22,921
item 228-698, SchoolNet Plus, for fiscal year 2000. The amount 22,922
so transferred is hereby appropriated. The foregoing transfer 22,923
item shall be used to establish and equip at least one 22,924
interactive computer workstation for each five children as 22,925
directed in division (A)(2) of this section. Any moneys
appropriated under this division shall be distributed in 22,926
accordance with division (B)(2) of this section. All 22,927
appropriations that are unencumbered and unallotted in 22,928
appropriation item 228-698, SchoolNet Plus, as of June 30, 2000, 22,929
are hereby appropriated for the same purpose in fiscal year 2001 22,930
upon the request of the Executive Director of the Ohio SchoolNet 22,931
Commission and the approval of the Director of Budget and 22,932
Management.
Section 11.01. Technical and Instructional Professional 22,934
Development
The foregoing appropriation item 228-406, Technical and 22,936
Instructional Professional Development, shall be used by the Ohio 22,938
SchoolNet Commission, to make grants to qualifying schools,
including the State School for the Blind and the Ohio School for 22,940
the Deaf for the provision of hardware, software, 22,941
telecommunications services, and staff development to support 22,942
educational uses of technology in the classroom. 22,943
The Ohio SchoolNet Commission shall consider the 22,945
professional development needs associated with the OhioReads 22,946
Program when making funding allocations and program decisions. 22,947
The Ohio Educational Telecommunications Network Commission, 22,949
with the advice of the Ohio SchoolNet Commission, shall make 22,950
grants totaling up to $1,400,000 in each year of the biennium for 22,952
research development and production of interactive instructional 22,953
programming series and teleconferences to support SchoolNet. Up 22,954
to $50,000 of this amount shall be used in each year of the 22,955
biennium to provide for the administration of these activities by 22,956
the Ohio Educational Telecommunications Network Commission. The 22,957
482
programming shall be targeted to the needs of the poorest 200 22,958
school districts as determined by the district's adjusted 22,959
valuation per pupil as defined in section 3317.0213 of the 22,960
Revised Code.
Of the foregoing appropriation item 228-406, Technical and 22,962
Instructional Professional Development, $3,300,000 in each fiscal 22,963
year shall be distributed by the Ohio SchoolNet Commission to 22,965
low-wealth districts or consortia including low-wealth school 22,966
districts, as determined by the district's adjusted valuation per 22,968
pupil as defined in section 3317.0213 of the Revised Code, or the 22,969
State School for the Blind or the Ohio School for the Deaf. 22,970
The remaining appropriation allocated under this section 22,972
shall be used by the Ohio SchoolNet Commission for professional 22,973
development for teachers and administrators for the use of 22,974
educational technology. The commission shall make grants to 22,975
provide technical assistance and professional development on the 22,976
use of educational technology to school districts. 22,977
Eligible recipients of grants include regional training 22,979
centers, county offices of education, data collection sites, 22,980
instructional technology centers, institutions of higher 22,981
education, public television stations, special education resource 22,983
centers, area media centers, or other nonprofit educational 22,984
organizations. Services provided through these grants may 22,985
include use of private entities subcontracting through the grant 22,986
recipient.
Grants shall be made to entities on a contractual basis 22,988
with the Ohio SchoolNet Commission. Contracts shall include 22,990
provisions that demonstrate how services will benefit technology 22,991
use in the schools, and in particular will support SchoolNet 22,992
efforts to support technology in the schools. Contracts shall 22,993
specify the scope of assistance being offered and the potential 22,994
number of professionals who will be served. Contracting entities 22,995
may be awarded more than one grant at a time. 22,996
Grants shall be awarded in a manner consistent with the 22,998
483
goals of SchoolNet. Special emphasis in the award of grants 22,999
shall be placed on collaborative efforts among service providers. 23,000
Application for grants from this appropriation shall be 23,002
consistent with a school district's technology plan that shall 23,003
meet the minimum specifications for school district technology 23,004
plans as prescribed by the Ohio SchoolNet Commission. Funds 23,005
allocated through these grants may be combined with funds 23,006
received through other state or federal grants for technology as 23,007
long as the school district's technology plan specifies the use 23,008
of these funds. The commission may combine the application for 23,009
these grants with the SchoolNet application process authorized in 23,011
Am. Sub. H.B. 790 of the 120th General Assembly.
Education Technology 23,013
The foregoing appropriation item 228-539, Education 23,015
Technology, shall be used to provide funding to suppliers of 23,016
information services to school districts for the provision of 23,017
hardware, software, and staff development in support of 23,018
educational uses of technology in the classroom as prescribed by 23,019
the State Plan for Technology pursuant to section 3301.07 of the 23,020
Revised Code, and to support assistive technology for children 23,021
and youth with disabilities. 23,022
Up to $5,776,929 in each fiscal year shall be used by the 23,024
Ohio SchoolNet Commission to contract with instructional 23,025
television and $930,492 in fiscal year 2000, and $956,546 in 23,027
fiscal year 2001 shall be used by the commission to contract with 23,028
education media centers to provide Ohio schools with 23,029
instructional resources and services. 23,030
Resources may include, but not be limited to, the 23,032
following: pre-recorded video materials (including videotape, 23,033
laser discs, and CD-ROM discs); computer software for student use 23,035
and/or student access to electronic communication, databases, 23,036
spreadsheet, and word processing capability; live student courses 23,037
or courses delivered electronically; automated media systems; and 23,038
instructional and professional development materials for 23,039
484
teachers. The commission shall cooperate with such agencies in 23,040
the acquisition, development, and delivery of such educational 23,041
resources to ensure high-quality and educational soundness at the 23,042
lowest possible cost. Delivery of such resources may utilize a 23,043
variety of technologies, with preference given to a high-speed 23,044
integrated information network that can transport video, voice, 23,045
data, and graphics simultaneously.
Services shall include presentations and technical 23,047
assistance that will help students and teachers integrate 23,048
educational materials that support curriculum objectives, match 23,049
specific learning styles, and are appropriate for individual 23,050
interests and ability levels. 23,051
Such instructional resources and services shall be made 23,053
available for purchase by chartered nonpublic schools or by 23,054
public school districts for the benefit of pupils attending 23,055
chartered nonpublic schools.
Section 11.02. Interactive Parenting Program 23,057
The foregoing appropriation item 228-559, Interactive 23,059
Parenting Program, shall be used by the Ohio SchoolNet Commission 23,060
to fund a grant to RISE, Inc., as support to train preschool 23,062
staff members and parents.
It is the intent of the General Assembly that the 23,064
commission, in conjunction with RISE, Inc., shall develop a 23,065
program which may be conducted in conjunction with 23,066
state-supported technology programs including, but not limited 23,067
to, SchoolNet appropriation item 228-406, and Education 23,068
Technology appropriation item 228-539, designed to educate 23,069
preschool staff members and providers on developmentally 23,070
appropriate teaching methods and to involve parents more closely 23,071
in the education and development of their children. The project 23,072
shall include an interactive instructional program, which shall 23,073
be distributed to program participants at up to twenty-six 23,074
locations throughout the state. The interactive instructional 23,075
program shall be developed to enhance the professional 23,076
485
development, training, and performance of preschool staff 23,077
members; the education and care-giving skills of the parents of 23,078
preschool children; and the preparation of preschool-aged 23,079
children for learning.
The project shall utilize the grant to continue a 23,082
direct-service program that shall include at least three 23,083
teleconferences to be distributed by Ohio-based public television 23,084
utilizing satellite or microwave technology in a manner designed 23,085
to promote interactive communications between the program 23,086
participants located at sub-sites within the Ohio Educational 23,087
Broadcast Network or as determined by the commission. Program 23,088
participants shall communicate with trainers and participants at 23,089
other program sites through telecommunications and facsimile and 23,090
on-line computer technology. To the maximum extent possible, the 23,091
project shall utilize systems currently available in 23,092
state-supported technology programs and conduct the program in a 23,093
manner that promotes innovative, interactive communications 23,094
between the program participants at all the sites. Parent 23,095
support groups and teacher training sessions shall supplement the 23,096
teleconferences and shall occur on a local basis.
RISE, Inc., may subcontract components of the project. 23,098
Individuals eligible to participate in the program shall 23,100
include those children, their parents, custodians, or guardians, 23,101
and preschool staff members who are eligible to participate in a 23,102
preschool program as defined in division (A) of section 3301.52 23,103
and section 5104.02 of the Revised Code. 23,104
(A) In addition to the foregoing, up to $600,000 each 23,106
fiscal year may be used by RISE, Inc., to enter into a 23,107
competitively bid contract with a not-for-profit entity or 23,108
entities to conduct a series of training programs for adult 23,109
volunteers who work with adolescent youths in after school 23,110
mentoring programs, including youth-serving organizations such as 23,111
Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and 23,112
public school mentor programs. The series of programs shall be 23,113
486
designed to:
(1) Improve the quality and effectiveness of adult 23,115
volunteers so that they would sustain their involvement with 23,116
youths over time. Specifically, the adult volunteers would 23,117
improve their ability to motivate, supervise, and communicate 23,119
with young people.
(2) Improve the quality and effectiveness of adult 23,121
volunteers so that the children they mentor, coach, teach, or 23,122
befriend would sustain their involvement with youth-serving 23,123
organizations over time; 23,124
(3) Encourage collaboration between all Ohio youth-serving 23,127
organizations, including 4-H, Boy Scouts, Girls Scouts, Big 23,128
Brothers, Big Sisters, and others;
(4) Provide cost-efficient, sustainable distance learning 23,131
to both rural and urban sites.
(B) In order to be eligible for the contract with RISE, 23,133
Inc., the program participants shall be able to demonstrate that 23,134
leading national experts in adolescent development intervention 23,135
programs will be utilized and that such program will make use of 23,136
a variety of media to engage participants and assist them in 23,137
learning the goals of the program. The program shall be designed 23,138
to focus on the adult volunteers who assist in youth development. 23,140
Training content shall focus on:
(1) Development issues for youth; 23,142
(2) Best practices to motivate, guide, and communicate 23,145
with these youths;
(3) Strategies for successful adult-to-adult interpersonal 23,148
relationships that are necessary for ongoing learning and 23,149
support.
The program may include: two broadcast seminars of three 23,151
hours in length from a central up-link station, distributed in up 23,152
to 88 counties; corporate settings and extension offices with 23,153
on-site facilitated discussion and exercises; high 23,154
production-value video sought in various locations; and direct 23,155
487
interactive adult learning activities. The program shall develop 23,156
program workbooks. The program shall also involve at least three 23,157
small group facilitated follow-up discussion workshops and 23,158
development and distribution of at least two home videos. The 23,159
program shall also provide Internet access, interactive lines, 23,160
bulletin board, and CD-ROM. 23,161
Upon completion of each of the school years for which the 23,163
grant was made, RISE, Inc., shall issue a report to the 23,164
commission and the members of the General Assembly explaining the 23,165
goals and objectives determined, the activities implemented, the 23,166
progress made toward the achievement of the goals and objectives, 23,167
and the outcome of the project. 23,168
Distance Learning 23,170
Appropriation item 228-634, Distance Learning, shall be 23,172
distributed by the Ohio SchoolNet Commission on a grant basis to 23,173
eligible school districts to establish "distance learning" in the 23,174
school district. Per the agreement with Ameritech, school 23,175
districts are eligible for funds if they are within an Ameritech 23,176
service area. Funds to administer the program shall be expended 23,177
by the commission up to the amount specified in the agreement 23,178
with Ameritech. 23,179
Within 30 days of the effective date of this section, the 23,181
Director of Budget and Management shall transfer from fund 4XI in 23,183
the State Special Revenue Fund Group any investment earnings from 23,184
moneys paid to the office or to the SchoolNet Commission by any 23,185
telephone company as part of a settlement agreement between the 23,186
company and the Public Utilities Commission in fiscal year 1995. 23,187
Electrical Infrastructure 23,189
The unencumbered and unallotted balances of June 30, 1999, 23,191
in appropriation item 228-690, SchoolNet Electrical 23,192
Infrastructure, are hereby reappropriated to fund projects 23,193
pursuant to this section. The foregoing appropriation item may
be distributed by the Ohio SchoolNet Commission for use by school 23,194
districts to renovate existing buildings with sufficient 23,195
488
electrical service to safely operate educational technology 23,196
consistent with their SchoolNet and SchoolNet Plus technology 23,197
plans. The Executive Director of the Ohio SchoolNet Commission
shall review grant proposals from school districts for the use of 23,198
these funds. In evaluating grant proposals, the executive 23,199
director shall consider the ability and commitment of school 23,200
districts to contribute local public and private resources to 23,201
upgrade their electrical service and shall give consideration to 23,202
consortia of school districts that have formed to optimize
resources to upgrade electrical service. In no case shall grant 23,203
awards exceed $1,000,000 for a single school district. Funding 23,204
recommendations for this appropriation made by the executive 23,205
director are subject to the review of the Ohio SchoolNet 23,206
Commission.
Section 12. SCR STATE BOARD OF PROPRIETARY SCHOOL 23,208
REGISTRATION 23,209
General Revenue Fund 23,211
GRF 233-100 Personal Services $ 377,366 $ 386,822 23,216
GRF 233-200 Maintenance $ 104,158 $ 107,075 23,220
GRF 233-300 Equipment $ 5,000 $ 5,000 23,224
TOTAL GRF General Revenue Fund $ 486,524 $ 498,897 23,227
TOTAL ALL BUDGET FUND GROUPS $ 486,524 $ 498,897 23,230
Section 13. TTA OHIO TUITION TRUST AUTHORITY 23,233
State Special Revenue Fund Group 23,235
645 095-601 Operating Expenses $ 3,856,585 $ 4,126,546 23,240
TOTAL SSR State Special Revenue 23,241
Fund Group $ 3,856,585 $ 4,126,546 23,244
TOTAL ALL BUDGET FUND GROUPS $ 3,856,585 $ 4,126,546 23,247
Operating Expenses 23,250
The foregoing appropriation item 095-601, Operating 23,252
Expenses, shall be used to pay the operating expenses of the Ohio 23,253
Tuition Trust Authority. 23,254
Of the foregoing appropriation item 095-601, Operating 23,256
Expenses, up to $30,000 over the biennium shall be used by the 23,257
489
Auditor of State to complete a performance audit of the Tuition 23,258
Trust Authority.
Section 14. Property Tax Allocation - Education 23,260
The appropriation item 200-901, Property Tax Allocation - 23,261
Education, made to the Department of Education, is appropriated 23,262
to pay for the state's costs incurred due to the homestead 23,263
exemption and the property tax rollback. In cooperation with the 23,264
Department of Taxation, the Department of Education shall
distribute these funds directly to the appropriate school 23,265
districts of the state, notwithstanding the provisions in 23,266
sections 321.24 and 323.156 of the Revised Code, which provide 23,267
for payment of the homestead exemption and property tax rollback 23,268
by the Tax Commissioner to the appropriate county treasurer and 23,269
the subsequent redistribution of these funds to the appropriate
local taxing districts by the county auditor. 23,270
The appropriation item 200-906, Tangible Tax Exemption - 23,272
Education, made to the Department of Education, is appropriated 23,273
to pay for the state's costs incurred due to the tangible 23,274
personal property tax exemption required by division (C)(3) of 23,275
section 5709.01 of the Revised Code. In cooperation with the 23,276
Department of Taxation, the Department of Education shall
distribute to each county treasurer the total amount certified by 23,277
the county treasurer pursuant to section 319.311 of the Revised 23,278
Code, for all school districts located in the county, 23,279
notwithstanding the provision in section 319.311 of the Revised 23,280
Code which provides for payment of the $10,000 tangible personal 23,281
property tax exemption by the Tax Commissioner to the appropriate 23,282
county treasurer for all local taxing districts located in the 23,283
county. Pursuant to division (G) of section 321.24 of the 23,284
Revised Code, the county auditor shall distribute the amount paid
by the Department of Education among the appropriate school 23,286
districts.
Upon receipt of these amounts, each school district shall 23,288
distribute the amount among the proper funds as if it had been 23,289
490
paid as real or tangible personal property taxes. Payments for 23,290
the costs of administration shall continue to be paid to the 23,291
county treasurer and county auditor as provided for in sections 23,292
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 23,294
appropriated in appropriation items 200-901, Property Tax 23,296
Allocation - Education, for the homestead exemption and the 23,297
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property 23,298
tax exemption payments, which are determined to be necessary for 23,299
these purposes, are hereby appropriated. 23,300
Section 15. Personal Service Expenses 23,302
Unless otherwise prohibited by law, each appropriation in 23,304
this act from which personal service expenses are paid shall bear 23,305
the employer's share of public employees' retirement, workers' 23,306
compensation, disabled workers' relief, and all group insurance 23,307
programs; the costs of centralized accounting, centralized 23,308
payroll processing, and related personnel reports and services; 23,309
the cost of the Office of Collective Bargaining; the cost of the 23,310
Personnel Board of Review; the cost of the Employee Assistance 23,311
Program; the cost of the Equal Opportunity Center; the costs of 23,312
interagency management infrastructure and the cost of 23,314
administering the state employee merit system as required by
section 124.07 of the Revised Code. Such costs shall be 23,315
determined in conformity with appropriate sections of law and 23,316
paid in accordance with procedures specified by the Office of 23,317
Budget and Management. 23,318
Section 16. Satisfaction of Judgments and Settlements 23,320
Against the State 23,321
An appropriation contained in this act may be used for the 23,323
purpose of satisfying judgments or settlements in connection with 23,324
civil actions against the state in federal court not barred by 23,325
sovereign immunity or the Eleventh Amendment to the Constitution 23,326
of the United States, or for the purpose of satisfying judgments, 23,327
491
settlements, or administrative awards ordered or approved by the 23,328
Court of Claims in connection with civil actions against the
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the 23,329
Revised Code. This authorization shall not apply to 23,330
appropriations to be applied to or used for payment of guarantees 23,331
by or on behalf of the state, for or relating to lease payments 23,332
or debt service on bonds, notes, or similar obligations and those 23,333
from the School Building Program Assistance Fund (Fund 032), and
any other fund into which proceeds of obligations are deposited. 23,335
Nothing contained in this section is intended to subject the
state to suit in any forum in which it is not otherwise subject 23,336
to suit, nor is it intended to waive or compromise any defense or 23,337
right available to the state in any suit against it. 23,338
Section 17. (A) As used in this section: 23,340
(1) "FY 1999 state aid" means the total amount of state 23,342
money received by a joint vocational school district under the 23,343
version of sections 3317.16 and 3317.162 of the Revised Code in 23,344
effect for that fiscal year, minus the amounts paid for driver 23,345
education and adult education.
(2) "FY 2000 state aid," "FY 2001 state aid," and "FY 2002 23,348
state aid" mean the total amount of state money received by a 23,349
joint vocational school district in the applicable fiscal year 23,350
under divisions (B) to (D) of the version of section 3317.16 of 23,352
the Revised Code in effect for the applicable fiscal year and 23,353
division (R) of the version of section 3317.024 of the Revised 23,354
Code in effect for the applicable fiscal year.
(3) "FY 2000 actual aid" and "FY 2001 actual aid" mean the 23,357
amount of state aid described in division (A)(2) of this section 23,358
that was actually paid to a joint vocational school district in 23,359
the applicable fiscal year after the application of division (B) 23,360
or (C) of this section. 23,361
(4) "Formula ADM" has the same meaning as in section 23,363
3317.02 of the Revised Code. 23,364
(5) "FY 1999 ADM" means the average daily membership 23,366
492
certified by the joint vocational school district for fiscal year 23,368
1999 under division (D) of the version of section 3317.03 of the 23,369
Revised Code in effect for that year. 23,370
(B) In fiscal year 2000, notwithstanding any provision of 23,372
law to the contrary, no joint vocational school district shall 23,373
receive FY 2000 state aid that is more than the greater of the 23,374
following:
(1) 111.5% of its FY 1999 state aid; 23,376
(2) [1.095 X (FY 1999 state aid/FY 1999 ADM)< X fiscal 23,379
year 2000 formula ADM. 23,381
If a joint vocational school district's projected FY 2000 23,383
state aid is more than the greater of division (B)(1) or (2) of 23,384
this section, the district shall receive only the greater of 23,385
division (B)(1) or (2) of this section in fiscal year 2000. 23,386
(C) In fiscal year 2001, notwithstanding any provision of 23,388
law to the contrary, no joint vocational school district shall 23,389
receive FY 2001 state aid that is more than the greater of the 23,390
following:
(1) 112% of its FY 2000 actual aid; 23,392
(2) [1.10 X (FY 2000 actual aid/fiscal year 2000 formula 23,394
ADM)< X fiscal year 2001 formula ADM. 23,396
If a joint vocational school district's projected FY 2001 23,398
state aid is more than the greater of division (C)(1) or (2) of 23,399
this section, the district shall receive only the greater of 23,400
division (C)(1) or (2) of this section in fiscal year 2001. 23,401
(D) In fiscal year 2002, notwithstanding any provision of 23,403
law to the contrary, no joint vocational school district shall 23,404
receive FY 2002 state aid that is more than the greater of the 23,405
following:
(1) 112% of its FY 2001 state aid; 23,407
(2) [1.10 X (FY 2001 actual aid/fiscal year 2001 formula 23,409
ADM)< X fiscal year 2002 formula ADM. 23,411
If a joint vocational school district's projected FY 2002 23,413
state aid is more than the greater of division (D)(1) or (2) of 23,414
493
this section, the district shall receive only the greater of 23,415
division (D)(1) or (2) of this section in fiscal year 2002. 23,416
Section 18. Lease Payments to OPFC, OBA, and Treasurer 23,418
Certain appropriations are in this act for the purpose of 23,420
lease payments to the Ohio Public Facilities Commission, to the 23,422
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 23,425
by the Ohio Public Facilities Commission, the Ohio Building 23,426
Authority, or the Treasurer of State pursuant to the Ohio 23,429
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 23,430
purpose, such amounts are hereby appropriated. 23,431
Section 19. That Section 45.32 of Am. Sub. H.B. 117 of the 23,433
121st General Assembly, as amended by Am. Sub. H.B. 215 and Am. 23,434
Sub. H.B. 770 of the 122nd General Assembly, be amended to read 23,436
as follows:
"Sec. 45.32. (A) As used in this section: 23,438
(1) A "client district" of an educational service center 23,440
means a city or exempted village school district that has entered 23,441
into an agreement with that service center pursuant to section 23,442
3313.843 of the Revised Code. 23,443
"CLIENT DISTRICT" ALSO INCLUDES ANY CITY OR EXEMPTED 23,445
VILLAGE SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH 23,447
THE EDUCATIONAL SERVICE CENTER UNDER SECTION 3313.843 OF THE 23,448
REVISED CODE AND REIMBURSES THE EDUCATIONAL SERVICE CENTER UNDER
SECTION 3317.11 OF THE REVISED CODE EVEN THOUGH SUCH AGREEMENT 23,449
WAS EXECUTED AFTER JANUARY 1, 1997, AND THE EDUCATIONAL SERVICE 23,450
CENTER DOES NOT RECEIVE ANY STATE FUNDING UNDER DIVISION (B)(1) 23,451
OR (C) OF SECTION 3317.11 OF THE REVISED CODE. 23,452
(2) "ADM" means the combined ADM of the local school 23,454
districts having territory in a service center and the ADM of 23,456
each client district of such center. 23,457
(B) By June 1, 1997, in the case of any educational 23,459
service centers that are serving only one local district pursuant 23,461
494
to section 3311.051 of the Revised Code; AND except as otherwise 23,462
provided in division (C) of this section, by June 1, 1999, in the 23,464
case of any service centers with ADMs of less than 8,000 that 23,465
serve fewer than six local or client school districts; and by
June 1, 2000, in the case of any educational service centers with 23,467
ADMs of less than 8,000 that serve six or more local or client 23,469
school districts, the superintendents of such service centers 23,470
shall notify the Superintendent of Public Instruction of the name 23,472
of one or more adjacent educational service centers with which 23,473
such service centers will merge to form joint service centers.
If the Superintendent does not receive such notification from a 23,474
center serving only one local district or serving an ADM of less 23,475
than 8,000 by the required date, the Superintendent shall 23,476
determine one or more suitable adjacent centers for such merger 23,477
and shall notify the superintendents and governing boards of all 23,478
centers involved of the determination. The centers named in the 23,479
notification required by this section or determined by the 23,480
Superintendent of Public Instruction pursuant to this section 23,481
shall form a joint center pursuant to section 3311.053 of the 23,482
Revised Code, which shall be effective on the first day of July 23,483
immediately following notification by the service center, or by 23,484
the Superintendent of Public Instruction, whichever applies. 23,485
(C) Any educational service center created on or before 23,488
July 1, 1997, under a merger of two educational service centers 23,489
pursuant to Section 45.32 of Am. Sub. H.B. 117 of the 121st 23,490
General Assembly, which service centers each contained only one 23,491
local school district at the time of the merger shall comply with 23,493
division (B) of this section by June 1, 2000 JULY 1, 2001." 23,494
Section 20. That existing Section 45.32 of Am. Sub. H.B. 23,496
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 23,497
215 and Am. Sub. H.B. 770 of the 122nd General Assembly, is 23,498
hereby repealed. 23,499
Section 21. That Section 50.52.2 of Am. Sub. H.B. 215 of 23,501
the 122nd General Assembly be amended to read as follows: 23,502
495
"Sec. 50.52.2. (A) As used in this section: 23,504
(1) "Lucas County area" includes the entire territory of 23,507
any school district having the majority of its territory in Lucas 23,508
County.
(2) "Start-up school" means a community school other than 23,510
one created by converting all or part of an existing public 23,511
school, as designated in the school's contract pursuant to 23,512
division (P) of Subsection 5 of this section. 23,513
(B) The General Assembly finds that the establishment of 23,515
independent community schools throughout the state has potential 23,516
desirable effects, including providing parents a choice of 23,517
academic environments for their children and providing the 23,518
education community with the opportunity to establish limited 23,519
experimental educational programs in a deregulated setting. 23,520
However, the potential effects of a statewide system of community 23,522
schools could also generate some adverse results. Therefore, the 23,523
General Assembly finds it advisable to establish a pilot project 23,524
in the Lucas County area which will permit the operation of 23,525
community schools in a limited area of the state in order to 23,526
provide for the evaluation and measurement of the effects of 23,527
these schools.
No more than twenty start-up school contracts may be in 23,530
effect at any time under this section. The Superintendent of the 23,532
Lucas County Educational Service Center shall be responsible for 23,533
ensuring that the twenty start-up schools represent diverse
educational missions, are intended to serve a number of different 23,535
grade levels, and will appeal to students with a variety of 23,536
interests or characteristics in order to provide for a range of 23,537
educational experiments within the pilot project schools. Upon 23,538
entering into a preliminary agreement pursuant to Subsection 4 of 23,539
this section, the potential sponsor of a community school shall 23,540
file a copy of the preliminary agreement with the Superintendent 23,541
of the Lucas County Educational Service Center. Within 23,542
twenty-four hours of receipt of the preliminary agreement for a 23,543
496
start-up school, the Superintendent shall determine whether the 23,544
proposed school will add to the diversity of the pilot project 23,545
schools through offering a unique educational mission, serving 23,546
grade levels of students or students with certain characteristics 23,547
or interests not yet being served by other community schools, or 23,548
offering innovative instructional methods. If the school will 23,549
not add to the diversity of the pilot project schools and would 23,550
be overserving students of a certain type or grade level, the 23,551
Superintendent may reject the school's preliminary agreement and 23,552
shall immediately notify the sponsor and the proposing group or 23,553
individual. Upon entering into a community school contract, the 23,555
sponsor shall file a copy of the approved contract with that 23,556
Superintendent. Within twenty-four hours of the filing of the 23,557
contract, the Superintendent shall notify the sponsor whether 23,558
twenty start-up school contracts were already in effect at the 23,559
time of the filing. If twenty such contracts were in effect, the 23,560
contract filed by the sponsor shall be voided. 23,561
Within twenty-four hours of a request of any person, the 23,563
Superintendent shall indicate the number of preliminary 23,564
agreements for start-up schools currently outstanding and the 23,565
number of contracts currently in effect. 23,566
(C) No start-up or converted community school shall begin 23,568
operation under this section after June 30, 2000. 23,569
(D) Not later than September 28, 1997, the Director of the 23,571
Legislative Office of Education Oversight, in consultation with 23,572
the Superintendent of the Lucas County Educational Service 23,573
Center, a classroom teacher appointed by the board of the Ohio 23,574
Education Association, a classroom teacher appointed by the board 23,575
of the Ohio Federation of Teachers, and a classroom teacher who 23,576
is a member of neither of these organizations selected by that 23,577
Superintendent, shall develop a study design for the evaluation 23,578
of the pilot project COMMUNITY schools and the overall effects of 23,580
the community school pilot project SCHOOLS. The study design 23,581
shall include the criteria that the Office will use to determine 23,582
497
the positive and negative effects of the project SCHOOLS overall, 23,583
and the success or failure of individual community schools. The 23,585
design shall include a description of the data that must be 23,586
collected by the Superintendent and by each community school and 23,587
sponsor and a timeline for the collection of the data. The 23,588
director shall adapt the study design prepared under this 23,589
subsection for use in evaluating community schools established 23,590
under Chapter 3314. of the Revised Code, as well as the Lucas 23,591
County pilot project community schools. The office shall notify 23,592
each community school of the data that must be collected and the 23,593
timeline for collection of the data. Data shall be collected at 23,594
regular intervals, but no evaluation of the results of data 23,595
collected shall be made by the Office prior to June 2001. A 23,596
preliminary report, together with any recommendations to improve 23,597
community schools, shall be issued to the Speaker of the House of 23,598
Representatives and the President of the Senate by June 30, 2001. 23,599
A final report, with recommendations as to the future of 23,600
community schools in Ohio, shall be made to the Speaker and 23,601
President by June 1, 2003."
Section 22. That existing Section 50.52.2 of Am. Sub. H.B. 23,603
215 of the 122nd General Assembly is hereby repealed. 23,604
Section 23. That Section 18 of Am. Sub. H.B. 650 of the 23,606
122nd General Assembly, as most recently amended by Am. Sub. H.B. 23,607
850 of the 122nd General Assembly, be amended to read as follows: 23,608
"Sec. 18. (A) As used in this section: 23,610
(1) "FY 1998 state aid" means the total amount of state 23,612
money received by a school district for fiscal year 1998 as 23,614
reported on the Department of Education's form "SF-12," adjusted 23,615
as follows: 23,616
(a) Minus any amounts for approved preschool handicapped 23,619
units;
(b) Minus any additional amount attributable to the 23,622
reappraisal guarantee of division (C) of section 3317.04 of the 23,623
Revised Code;
498
(c) Plus the amount deducted for payments to an 23,625
educational service center; 23,626
(d) Plus an estimated portion of the state money 23,628
distributed in fiscal year 1998 to other school districts or 23,629
educational service centers for approved units, other than 23,630
preschool handicapped or gifted education units, attributable to 23,631
the costs of providing services in those units to students 23,632
entitled to attend school in the district; 23,633
(e) Minus an estimated portion of the state money 23,635
distributed to the school district in fiscal year 1998 for 23,636
approved units, other than preschool handicapped units or gifted 23,637
education units, attributable to the costs of providing services 23,638
in those units to students entitled to attend school in another 23,639
school district; 23,640
(f) Plus any additional amount paid pursuant to the 23,643
vocational education recomputation required by former Section 23,644
50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly; 23,646
(g) Plus any additional amount paid pursuant to the 23,649
special education recomputation required by former division (I) 23,650
of section 3317.023 of the Revised Code; 23,651
(h) Plus any amount paid for equity aid under section 23,654
3317.0213 of the Revised Code;
(i) Plus any amount received for that year pursuant to 23,656
section 3317.027 of the Revised Code; 23,657
(j) Plus any amount received for that year pursuant to a 23,659
recomputation made under division (B) of section 3317.022 of the 23,660
Revised Code, AS THAT SECTION EXISTED IN THAT YEAR. 23,661
(2) "FY 1999 state aid," MEANS "FY 1999 STATE AID" AS 23,664
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 23,669
state aid" mean the total amount of state money a school district 23,670
is eligible to receive for the applicable fiscal year under 23,671
divisions (A), (B), (C)(1) AND (5), and (D), AND (E) of section 23,673
499
3317.022 and sections 3317.025, 3317.027, 3317.029, 3317.0212, 23,675
and 3317.0213 of the Revised Code, plus any amount for which the 23,676
district is eligible pursuant to division (C) of section 23,678
3317.023, divisions (G) and, (P), AND (R) of section 3317.024, 23,681
and THE SUPPLEMENTAL UNIT ALLOWANCE PAID FOR GIFTED UNITS UNDER 23,682
division (B) of section 3317.162 of the Revised Code, and prior 23,683
to any deductions or credits required by division (B), (D), (E), 23,684
(F), (G), (H), (I), (J), or (K), OR (L) of section 3317.023 or 23,686
division (J) of section 3317.029 of the Revised Code. 23,687
(3)(4) "ADJUSTED FY 1999 actual aid," MEANS FY 1999 STATE 23,690
AID THAT WAS ACTUALLY PAID TO A SCHOOL DISTRICT AFTER THE 23,691
APPLICATION OF DIVISION (B) OF THIS SECTION, PLUS AN APPROPRIATE 23,692
PROPORTION, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, OF THE 23,693
AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN FISCAL YEAR 1999 FROM
THE VOCATIONAL EDUCATION SET-ASIDE, AS DEFINED IN SECTION 23,694
3317.0212 OF THE REVISED CODE AND ATTRIBUTABLE TO THE DISTRICT'S 23,695
STUDENTS.
(5) "FY 2000 actual aid," AND "FY 2001 actual aid," and 23,700
"FY 2002 actual aid" means MEAN the amount of the state aid 23,701
described in division (A)(2)(3) of this section that was actually 23,703
paid to a school district in the applicable fiscal year after the 23,705
application of divisions (B)(C) to (E) of this section.
(4)(6) "FY 1998 ADM," "formula ADM," and "three-year 23,708
average formula ADM" have the meanings prescribed in section 23,709
3317.02 of the Revised Code. 23,710
(5)(7) "All-day kindergarten" has the meaning prescribed 23,712
in section 3317.029 of the Revised Code. 23,713
(8) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 23,715
VILLAGE SCHOOL DISTRICT. 23,716
(B) In fiscal year 1999, notwithstanding any provision of 23,719
law to the contrary, no school district shall receive FY 1999
state aid that is more than the greater of the following: 23,721
(1) 110 per cent of FY 1998 state aid; 23,723
(2) [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater 23,726
500
of fiscal year 1999 formula ADM or three-year average formula 23,727
ADM.
If a district's projected FY 1999 state aid is more than 23,729
the greater of division (B)(1) or (2) of this section, such 23,731
district shall receive only the greater of division (B)(1) or (2) 23,733
of this section in fiscal year 1999. 23,734
(C) In fiscal year 2000, notwithstanding any provision of 23,737
law to the contrary, no school district shall receive FY 2000
state aid that is more than the greater of the following: 23,738
(1) 110 111.5 per cent of ADJUSTED FY 1999 actual aid; 23,741
(2) [1.06 1.095 X (ADJUSTED FY 1999 actual aid/fiscal year 23,744
1999 formula ADM)< X the greater of fiscal year 2000 formula ADM 23,747
or three-year average formula ADM.
If a district's projected FY 2000 state aid is more than 23,749
the greater of division (C)(1) or (2) of this section, such 23,750
district shall receive only the greater of division (C)(1) or (2) 23,752
of this section in fiscal year 2000. 23,753
(D) In fiscal year 2001, notwithstanding any provision of 23,756
law to the contrary, no school district shall receive FY 2001
state aid that is more than the greater of the following: 23,757
(1) 110 112 per cent of FY 2000 actual aid; 23,760
(2) [1.06 1.10 X (FY 2000 actual aid/fiscal year 2000 23,763
formula ADM)< X the greater of fiscal year 2001 formula ADM or 23,765
three-year average formula ADM.
If a district's projected FY 2001 state aid is more than 23,767
the greater of division (D)(1) or (2) of this section, such 23,769
district shall receive only the greater of division (D)(1) or (2) 23,772
of this section in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 23,775
law to the contrary, no school district shall receive FY 2002
state aid that is more than the greater of the following: 23,776
(1) 110 112 per cent of FY 2001 actual aid; 23,779
(2) [1.06 1.10 X (FY 2001 actual aid/fiscal year 2001 23,782
formula ADM)< X the greater of fiscal year 2002 formula ADM or 23,784
501
three-year average formula ADM.
If a district's projected FY 2002 state aid is more than 23,786
the greater of division (E)(1) or (2) of this section, such 23,788
district shall receive only the greater of division (E)(1) or (2) 23,790
of this section in fiscal year 2002. 23,791
(F) This division and division (G) of this section apply 23,793
only to districts subject to division (F) of section 3317.029 of 23,794
the Revised Code AND ONLY UNTIL JULY 1, 2002. As used in this 23,797
division and division (G) of this section:
(1) "Capped district" means a district that pursuant to 23,799
division (B), (C), (D), or (E) of this section will not receive 23,801
the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state 23,802
aid.
(2) "DPIA funds" means: 23,804
(a) In FY 1998, the amount calculated for the district 23,806
pursuant to division (B) of section 3317.023 of the Revised Code 23,807
as it existed in that fiscal year; 23,808
(b) In any fiscal year after FY 1998, the total amount 23,810
calculated for the district for that fiscal year pursuant to 23,811
section 3317.029 of the Revised Code. 23,812
(3) "Exempt DPIA portion" means: 23,814
(a) In the case of any district other than a capped 23,816
district, an amount equal to zero; 23,817
(b) In the case of a capped district, the amount resulting 23,819
from the application of the following formula: 23,820
(The district's DPIA funds for the year of 23,822
the calculation minus the district's DPIA funds for 23,823
FY 1998) minus (the district's actual aid for the year 23,824
of the calculation minus the district's FY 1998 state aid) 23,825
However, if this formula produces a negative number, the 23,827
district's exempt DPIA portion is zero. 23,828
(4) "Required all-day kindergarten" for a district means 23,830
the provision of all-day kindergarten to the number of students 23,831
in the district's kindergarten percentage specified pursuant to 23,832
502
division (H)(1) of section 3317.029 of the Revised Code. 23,833
(G) Notwithstanding any provision of law to the contrary: 23,835
(1)(a) In the case of any district, the district's DPIA 23,837
funds are hereby deemed to first consist of any disadvantaged 23,839
pupil impact aid calculated for the district for all-day 23,840
kindergarten under division (D) of section 3317.029 of the 23,841
Revised Code, and to next consist of any disadvantaged pupil 23,842
impact aid calculated for the district under divisions (C) and 23,843
(E) of section 3317.029 of the Revised Code. Each EXCEPT AS
PROVIDED IN DIVISION (G)(1)(b) OF THIS SECTION, EACH district 23,845
shall expend whatever funds necessary to ensure provision of its 23,846
required all-day kindergarten. 23,847
(b) NOTWITHSTANDING DIVISIONS (F)(1), (H), AND (J) OF 23,850
SECTION 3317.029 OF THE REVISED CODE, A DISTRICT MAY SERVE A 23,851
LESSER PERCENTAGE OF STUDENTS THAN THE NUMBER INITIALLY CERTIFIED 23,853
IN ITS ALL-DAY KINDERGARTEN PERCENTAGE AS OF THE FIRST DAY OF 23,855
AUGUST OF THE FISCAL YEAR AND MAY RETAIN AND SPEND THE DPIA FUNDS 23,856
IT WOULD HAVE USED TO SERVE THE DIFFERENCE BETWEEN THE INITIAL 23,857
CERTIFIED PERCENTAGE AND SUCH LESSER PERCENTAGE SOLELY FOR THE 23,858
PURPOSE OF MODIFYING OR PURCHASING ADDITIONAL CLASSROOM SPACE 23,859
NECESSARY TO PROVIDE ALL-DAY KINDERGARTEN. A DISTRICT MAY ONLY 23,860
REDUCE ITS CERTIFIED ALL-DAY KINDERGARTEN PERCENTAGE AND SPEND 23,861
THE RESULTANT FUNDS ON MODIFICATION AND PURCHASE OF SPACE WITH 23,862
THE APPROVAL OF THE DEPARTMENT OF EDUCATION. THE DEPARTMENT 23,863
SHALL ONLY APPROVE SUCH USE OF ALL-DAY KINDERGARTEN FUNDS AND THE 23,864
CORRESPONDING REDUCTION OF THE DISTRICT'S CERTIFIED ALL-DAY 23,865
KINDERGARTEN PERCENTAGE IF IT DETERMINES THAT THE DISTRICT CANNOT 23,866
REASONABLY PROVIDE ALL-DAY KINDERGARTEN TO ITS INITIALLY 23,867
CERTIFIED PERCENTAGE WITHOUT ADDITIONAL SPACE. 23,868
(2) In FY 1999, a district shall expend for the purposes 23,870
of section 3317.029 of the Revised Code an amount equal to at 23,871
least twenty-five per cent of the resultant derived from 23,873
subtracting the district's exempt DPIA portion from the amount 23,874
calculated for the district under divisions (C) and (E) of 23,875
503
section 3317.029 of the Revised Code.
(3) In FY 2000, a district shall expend for the purposes 23,877
of section 3317.029 of the Revised Code an amount equal to at 23,878
least fifty per cent of the resultant derived from subtracting 23,880
the district's exempt DPIA portion from the amount calculated for 23,881
the district under divisions (C) and (E) of section 3317.029 of 23,882
the Revised Code. OF THAT AMOUNT: 23,884
(a) THE PERCENTAGE THAT THE DISTRICT SPENDS FOR THE 23,886
PURPOSES OF DIVISION (F)(2) OF SECTION 3317.029 OF THE REVISED 23,888
CODE SHALL EQUAL THE PERCENTAGE THAT ITS ORIGINAL CALCULATION 23,889
UNDER DIVISION (C) OF THAT SECTION, BEFORE THE APPLICATION OF 23,890
THIS SECTION, IS OF THE TOTAL OF THE AMOUNTS ORIGINALLY 23,891
CALCULATED UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF THE 23,892
REVISED CODE. 23,894
(b) THE PERCENTAGE THAT THE DISTRICT SPENDS FOR THE 23,896
PURPOSES OF DIVISION (F)(3) OF SECTION 3317.029 OF THE REVISED 23,898
CODE SHALL EQUAL THE PERCENTAGE THAT ITS ORIGINAL CALCULATION 23,899
UNDER DIVISION (E) OF THAT SECTION, BEFORE THE APPLICATION OF 23,900
THIS SECTION, IS OF THE TOTAL OF THE AMOUNTS ORIGINALLY 23,901
CALCULATED UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF THE 23,903
REVISED CODE. 23,904
(4) In FY 2001, a district shall expend for the purposes 23,906
of section 3317.029 of the Revised Code an amount equal to at 23,907
least seventy-five per cent of the resultant derived from 23,909
subtracting the district's exempt DPIA portion from the amount 23,910
calculated for the district under divisions (C) and (E) of 23,911
section 3317.029 of the Revised Code. OF THAT AMOUNT: 23,913
(a) THE PERCENTAGE THAT THE DISTRICT SPENDS FOR THE 23,915
PURPOSES OF DIVISION (F)(2) OF SECTION 3317.029 OF THE REVISED 23,917
CODE SHALL EQUAL THE PERCENTAGE THAT ITS ORIGINAL CALCULATION 23,918
UNDER DIVISION (C) OF THAT SECTION, BEFORE THE APPLICATION OF 23,919
THIS SECTION, IS OF THE TOTAL OF THE AMOUNTS ORIGINALLY 23,920
CALCULATED UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF THE 23,921
REVISED CODE. 23,923
504
(b) THE PERCENTAGE THAT THE DISTRICT SPENDS FOR THE 23,925
PURPOSES OF DIVISION (F)(3) OF SECTION 3317.029 OF THE REVISED 23,927
CODE SHALL EQUAL THE PERCENTAGE THAT ITS ORIGINAL CALCULATION 23,928
UNDER DIVISION (E) OF THAT SECTION, BEFORE THE APPLICATION OF 23,929
THIS SECTION, IS OF THE TOTAL OF THE AMOUNTS ORIGINALLY 23,930
CALCULATED UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF THE 23,932
REVISED CODE. 23,933
(5) In FY 2002 and thereafter, a district shall expend one 23,935
hundred per cent of its DPIA funds for the purposes of section 23,936
3317.029 of the Revised Code. 23,937
(6) Districts shall comply with the requirements of 23,939
division (G) of section 3317.029 of the Revised Code. 23,940
(7)(a) IN FY 2000, EACH SCHOOL DISTRICT THAT DID NOT MEET 23,943
MORE THAN THIRTY-THREE PER CENT OF THE STATE PERFORMANCE 23,944
STANDARDS SPECIFIED IN SECTION 3302.02 OF THE REVISED CODE, BASED 23,945
ON THE MOST RECENT DATA AS OF JULY 1, 1999, SHALL SPEND ALL OF 23,946
THE FUNDS IT IS REQUIRED BY DIVISION (G)(3)(b) OF THIS SECTION TO 23,947
SPEND FOR PURPOSES OF DIVISION (F)(3) OF SECTION 3317.029 OF THE 23,949
REVISED CODE SPECIFICALLY FOR THE PURPOSE OF REDUCING CLASS SIZES 23,952
IN GRADES KINDERGARTEN THROUGH TWO, WITH A GOAL OF ATTAINING 23,953
CLASS SIZES OF FIFTEEN STUDENTS PER LICENSED TEACHER IN THESE 23,954
GRADES. HOWEVER, IF THE DISTRICT CERTIFIES TO THE DEPARTMENT, IN 23,955
A MANNER SATISFACTORY TO THE DEPARTMENT, THAT IT NEEDS TO MODIFY 23,956
OR PURCHASE SPACE IN ORDER TO ACHIEVE REDUCED CLASS SIZES, IT MAY 23,957
USE A PORTION OF THE AMOUNT REQUIRED TO BE SPENT TO REDUCE CLASS 23,958
SIZES TO MODIFY OR PURCHASE THAT NEEDED SPACE. 23,959
(b) IN FY 2001, EACH SCHOOL DISTRICT THAT WAS DECLARED IN 23,961
FY 2000 TO BE IN A STATE OF ACADEMIC EMERGENCY UNDER SECTION 23,962
3302.03 OF THE REVISED CODE SHALL SPEND ALL OF THE FUNDS IT IS 23,963
REQUIRED BY DIVISION (G)(4)(b) OF THIS SECTION TO SPEND FOR 23,964
PURPOSES OF DIVISION (F)(3) OF SECTION 3317.029 OF THE REVISED 23,965
CODE SPECIFICALLY FOR THE PURPOSE OF REDUCING CLASS SIZES IN 23,966
GRADES KINDERGARTEN THROUGH TWO, WITH A GOAL OF ATTAINING CLASS
SIZES OF FIFTEEN STUDENTS PER LICENSED TEACHER IN THESE GRADES. 23,967
505
HOWEVER, IF THE DISTRICT CERTIFIES TO THE DEPARTMENT, IN A MANNER 23,968
SATISFACTORY TO THE DEPARTMENT, THAT IT NEEDS TO MODIFY OR 23,969
PURCHASE SPACE IN ORDER TO ACHIEVE REDUCED CLASS SIZES, IT MAY 23,970
USE A PORTION OF THE AMOUNT REQUIRED TO BE SPENT TO REDUCE CLASS 23,971
SIZES TO MODIFY OR PURCHASE THAT NEEDED SPACE. 23,972
(c) IN FY 2002, EACH SCHOOL DISTRICT THAT WAS DECLARED IN 23,974
FY 2000 TO BE IN A STATE OF ACADEMIC EMERGENCY UNDER SECTION 23,975
3302.03 OF THE REVISED CODE SHALL SPEND ONE HUNDRED PER CENT OF 23,976
THE REMAINDER OF THE MONEY CALCULATED FOR IT UNDER SECTION 23,977
3317.029 OF THE REVISED CODE, AFTER DEDUCTING EXPENDITURES FOR 23,978
THE PURPOSES DESCRIBED IN DIVISIONS (F)(1) AND (2) OF SECTION 23,979
3317.029 OF THE REVISED CODE, SPECIFICALLY FOR THE PURPOSE OF 23,981
REDUCING CLASS SIZES IN GRADES KINDERGARTEN THROUGH TWO, WITH A
GOAL OF ATTAINING CLASS SIZES OF FIFTEEN STUDENTS PER LICENSED 23,983
TEACHER IN THESE GRADES. HOWEVER, IF THE DISTRICT CERTIFIES TO 23,985
THE DEPARTMENT, IN A MANNER SATISFACTORY TO THE DEPARTMENT, THAT 23,986
IT NEEDS TO MODIFY OR PURCHASE SPACE IN ORDER TO ACHIEVE REDUCED 23,987
CLASS SIZES, IT MAY USE A PORTION OF THE AMOUNT REQUIRED TO BE 23,988
SPENT TO REDUCE CLASS SIZES TO MODIFY OR PURCHASE THAT NEEDED 23,989
SPACE."
Section 24. That existing Section 18 of Am. Sub. H.B. 650 23,991
of the 122nd General Assembly, as most recently amended by Am. 23,992
Sub. H.B. 850 of the 122nd General Assembly, is hereby repealed. 23,993
Section 25. That Sections 6, 30.07, 30.10, 30.43, and 31 23,995
of Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 23,998
read as follows:
"Sec. 6. The items set forth in this section are hereby 24,000
appropriated out of any moneys in the state treasury to the 24,001
credit of the Public School Building Fund (Fund 021), which are 24,002
not otherwise appropriated. Appropriations 24,003
APPROPRIATIONS 24,004
SFC SCHOOL FACILITIES COMMISSION 24,005
CAP-622 Public School Buildings $ 145,000,000 24,008
CAP-777 Disability Access Projects $ 5,000,000 24,010
506
Total School Facilities Commission $ 150,000,000 24,012
Total Public School Building Fund $ 150,000,000 24,014
DISABILITY ACCESS PROJECTS 24,018
THE FOREGOING APPROPRIATION ITEM CAP-777, DISABILITY ACCESS 24,021
PROJECTS, SHALL BE USED TO FUND CAPITAL PROJECTS PURSUANT TO THIS 24,022
SECTION THAT MAKE BUILDINGS MORE ACCESSIBLE TO STUDENTS WITH
DISABILITIES. 24,023
(A) AS USED IN THIS SECTION: 24,025
(1) "PERCENTILE" MEANS THE PERCENTILE IN WHICH A SCHOOL 24,027
DISTRICT IS RANKED ACCORDING TO THE FISCAL YEAR 1998 RANKING OF 24,028
SCHOOL DISTRICTS WITH REGARD TO INCOME AND PROPERTY WEALTH UNDER 24,029
DIVISION (B) OF SECTION 3318.011 OF THE REVISED CODE. 24,030
(2) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 24,032
VILLAGE SCHOOL DISTRICT, BUT EXCLUDING A SCHOOL DISTRICT THAT IS 24,033
ONE OF THE STATE'S 21 URBAN SCHOOL DISTRICTS AS DEFINED IN 24,034
DIVISION (O) OF SECTION 3317.02 OF THE REVISED CODE, AS THAT 24,035
SECTION EXISTED PRIOR TO JULY 1, 1998.
(3) "VALUATION PER PUPIL" MEANS A DISTRICT'S TOTAL TAXABLE 24,037
VALUE AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE DIVIDED 24,038
BY THE DISTRICT'S ADM AS DEFINED IN DIVISION (A) OF SECTION 24,039
3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JULY 24,040
1, 1998.
(B) THE SCHOOL FACILITIES COMMISSION SHALL ADOPT RULES FOR 24,043
AWARDING GRANTS TO SCHOOL DISTRICTS WITH A VALUATION PER PUPIL 24,044
LESS THAN $200,000, TO BE USED FOR CONSTRUCTION, RECONSTRUCTION,
OR RENOVATION PROJECTS IN CLASSROOM FACILITIES, THE PURPOSE OF 24,045
WHICH IS TO IMPROVE ACCESS TO SUCH FACILITIES BY PHYSICALLY 24,046
HANDICAPPED PERSONS. THE RULES SHALL INCLUDE APPLICATION 24,047
PROCEDURES. NO SCHOOL DISTRICT SHALL BE AWARDED A GRANT UNDER 24,048
THIS SECTION IN EXCESS OF $100,000. IN ADDITION, ANY SCHOOL 24,049
DISTRICT SHALL BE REQUIRED TO PAY A PERCENTAGE OF THE COST OF THE 24,050
PROJECT FOR WHICH THE GRANT IS BEING AWARDED EQUAL TO THE 24,051
PERCENTILE IN WHICH THE DISTRICT IS SO RANKED.
Sec. 30.07. Reimbursements for Project Costs 24,053
507
Appropriations made in Sections 30.02 to 30.06 30.45 of 24,055
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 24,059
purposes of costs of capital facilities for the interim financing 24,060
of which the particular institution has previously issued its own 24,061
obligations anticipating the possibility of future state 24,062
appropriations to pay all or a portion of such costs, as 24,063
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying 24,064
agent for those outstanding obligations in the full principal 24,065
amount of those obligations then to be paid from the anticipated 24,066
appropriation, and shall be timely applied to the retirement of a 24,067
like principal amount of the institutional obligations.
Appropriations made in Sections 30.02 to 30.06 30.45 of 24,069
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 24,073
purposes of costs of capital facilities, all or a portion of 24,074
which costs the particular institution has paid from the 24,075
institution's moneys that were temporarily available and which 24,076
payments were reasonably expected to be reimbursed from the 24,077
proceeds of obligations issued by the state, shall be directly
paid to the institution in the full amounts of those payments, 24,079
and shall be timely applied to the reimbursement of those 24,080
temporarily available moneys.
Sec. 30.10. CSU CENTRAL STATE UNIVERSITY 24,082
CAP-022 Basic Renovations $ 804,400 24,085
CAP-083 Master Plan/Supplemental Renovations $ 2,449,400 24,087
CAP-084 College of Education Facility - 24,088
Planning $ 1,000,000 24,089
Total Central State University $ 4,253,800 24,091
College of Education Facility - Planning 24,094
The foregoing appropriation item CAP-084, College of 24,096
Education Facility - Planning, shall not be released by the 24,098
Controlling Board or the Director of Budget and Management until 24,099
Central State University has satisfactorily completed a 24,100
Campus-wide Master Plan, and has made progress satisfactory to
508
the Board of Regents and the Office of Budget and Management in 24,102
completing the correction of its outstanding adjudication orders 24,103
as issued by the Department of Commerce. Such progress shall 24,104
include the development of a plan to comply with all remaining 24,105
adjudication orders by the end of fiscal year 2000. This
appropriation shall not be included in the calculation of Central 24,106
State University's debt service obligation until fiscal year 24,107
2002.
Sec. 30.43. MAT MUSKINGUM AREA TECHNICAL COLLEGE 24,109
CAP-007 Basic Renovations $ 203,491 24,112
CAP-014 REGIONAL TECHNOLOGY TRAINING CENTER $ 1,961,290 24,116
Total Muskingum Area Technical College $ 203,491 24,118
2,164,781 24,119
Sec. 31. Debt Service Formula Allocation 24,122
Based on the foregoing appropriations in Sections 30 and 24,124
30.01 to 30.45 of this act AM. SUB. H.B. 850 OF THE 122nd GENERAL 24,126
ASSEMBLY, from Fund 034, Higher Education Improvement Fund, the 24,127
following higher education institutions shall be responsible for 24,128
the specified amounts as part of the debt service component of 24,130
the instructional subsidy beginning in fiscal year 2000:
Institution Amount 24,132
University of Akron $10,800,000 24,133
University of Akron - Wayne $ 675,000 24,134
Bowling Green State University $14,013,310 24,135
Bowling Green State University - Firelands $ 2,056,440 24,136
Central State University $ 2,449,400 24,137
University of Cincinnati $39,386,650 24,138
University of Cincinnati - Walters $ 3,445,212 24,139
Cleveland State University $16,719,670 24,140
Kent State University $17,644,310 24,141
Kent State University - Ashtabula $ 575,000 24,142
Kent State University - East Liverpool $ 570,980 24,143
Kent State University - Geauga $ 60,000 24,144
Kent State University - Salem $ 288,310 24,145
509
Kent State University - Stark $ 1,743,360 24,146
Kent State University - Trumbull $ 175,000 24,147
Kent State University - Tuscarawas $ 75,000 24,148
Miami University $18,400,000 24,149
17,400,000 24,150
Miami University - Hamilton $ 969,540 24,151
Miami University - Middletown $ 1,568,330 24,152
Ohio State University $80,760,310 24,153
77,760,310 24,154
Ohio State University - Lima $2,152,620 24,155
1,118,330 24,156
Ohio State University - Mansfield $ 850,000 24,157
Ohio State University - Marion $ 408,000 24,158
Ohio State University - ATI $ 1,560,000 24,159
Ohio University $26,700,280 24,160
21,700,280 24,161
Ohio University - Eastern $ 398,040 24,162
Ohio University - Chillicothe $ 953,030 24,163
Ohio University - Lancaster $ 1,116,760 24,164
Ohio University - Zanesville $ 1,136,920 24,165
Shawnee State University $ 1,751,500 24,166
University of Toledo $19,800,000 24,167
Wright State University $11,300,000 24,168
Youngstown State University $ 9,200,000 24,169
Medical College of Ohio $ 5,442,150 24,170
Northeastern Ohio Universities College of Medicine $3,425,580 24,172
3,443,313 24,173
Cincinnati State Technical and Community College $ 1,036,000 24,174
Columbus State Community College $ 1,500,000 24,175
Cuyahoga Community College $ 6,800,000 24,176
Edison State Community College $ 50,000 24,177
Jefferson Community College $ 817,165 24,178
Lakeland Community College $ 3,165,340 24,179
Lorain Community College $ 100,000 24,180
510
Owens Community College $ 3,747,260 24,181
Rio Grande Community College $ 636,000 24,182
Hocking Technical College $ 2,924,325 24,183
Lima Technical College $ 900,000 24,184
Marion Technical College $ 52,700 24,185
MUSKINGUM AREA TECHNICAL COLLEGE $ 196,129 24,187
North Central Technical College $ 750,000 24,188
Stark Technical College $ 1,253,252 24,189
Institutions not listed above shall not have a debt service 24,192
obligation as a result of these appropriations. 24,193
Within sixty days after the effective date of this section 24,195
NOT LATER THAN MAY 17, 1999, any institution of higher education 24,197
may notify the Board of Regents of its intention not to proceed 24,198
with any project appropriated in this act AM. SUB. H.B. 850 OF 24,199
THE 122nd GENERAL ASSEMBLY. Upon receiving such notification, 24,201
the Board of Regents may release the institution from its debt
service obligation for the specific project." 24,202
Section 26. That existing Sections 6, 30.07, 30.10, 30.43, 24,204
and 31 of Am. Sub. H.B. 850 of the 122nd General Assembly are 24,207
hereby repealed.
Section 27.* That Section 26 of Am. Sub. H.B. 850 of the 24,209
122nd General Assembly be amended to read as follows: 24,211
"Sec. 26. (A) All items set forth in this section are 24,213
hereby appropriated out of any moneys in the state treasury to 24,214
the credit of the School Building Program Assistance Fund (Fund 24,215
032) created under section 3318.25 of the Revised Code, derived 24,216
from the proceeds of obligations heretofore and herein authorized 24,217
to pay the cost to the state of acquiring classroom facilities 24,218
for sale to school districts pursuant to sections 3318.01 to 24,219
3318.20 of the Revised Code. 24,220
Appropriations 24,222
SFC SCHOOL FACILITIES COMMISSION 24,223
CAP-737 School Building Program Assistance $ 355,000,000 24,226
Total School Facilities Commission $ 355,000,000 24,228
511
Total School Building Program Assistance Fund $ 355,000,000 24,230
School Building Program Assistance 24,233
The foregoing appropriation item CAP-737, School Building 24,235
Program Assistance, shall be used by the School Facilities 24,236
Commission to provide funding to school districts that receive 24,237
conditional approval from the Commission pursuant to Chapter 24,238
3318. of the Revised Code.
Commitments by the School Facilities Commission 24,240
The School Facilities Commission shall not commit at least 24,242
$300 million of the combined amounts of the foregoing 24,243
appropriations items CAP-622, Public School Buildings (Fund 021), 24,244
and CAP-737, Public School Building Assistance (Fund 032), until 24,245
after June 30, 1999.
(B)(1) As used in this division: 24,247
(a) "Low wealth school district" means a school district 24,249
in the lowest fifty per cent of adjusted valuation per pupil on 24,250
the fiscal year 1999 ranking of school districts, established 24,251
pursuant to section 3317.02 3317.0213 of the Revised Code. 24,252
(b) A "school district with an exceptional need for 24,254
immediate CLASSROOM facility assistance" means a school district 24,256
with an exceptional need for new facilities in order to protect 24,257
the health and safety of all or a portion of its students. 24,258
School districts reasonably expected to be served by the
Classroom Facilities Assistance Program prior to June 30, 2002, 24,260
in THE order provided under divisions (C)(1) and (2) of section 24,262
3318.06 3318.02 of the Revised Code, are excluded from 24,264
participating in this exceptional needs pilot program. 24,265
(2) Of the $300,000,000 the School Facilities Commission 24,267
shall not commit until after June 30, 1999, the School Facilities 24,268
Commission may set aside up to ten per cent for the pilot program 24,270
for low wealth school districts with exceptional needs for 24,271
immediate classroom facility assistance.
(3)(a) After consulting with education and construction 24,273
experts, the School Facilities Commission shall adopt guidelines 24,274
512
for identifying school districts with an exceptional need for 24,275
immediate classroom facility assistance. 24,276
(b) The guidelines shall include application forms and 24,278
instructions for school districts that believe they have an 24,279
exceptional need for immediate classroom facility assistance. 24,280
(4) The School Facilities Commission shall evaluate the 24,282
classroom facilities, and the need for replacement classroom 24,283
facilities from the applications received under this section. 24,284
The School Facilities Commission, utilizing the guidelines 24,285
adopted pursuant to division (B)(3) of this section, shall
prioritize the school districts to be assessed. 24,286
In accordance with division (C)(3) of NOTWITHSTANDING 24,288
section 3318.02 of the Revised Code, the School Facilities 24,290
Commission may conduct on-site evaluation of the school districts 24,291
prioritized under this section and approve and award funds until
such time as all funds set aside pursuant to division (B)(2) of 24,293
this section have been encumbered pursuant to section 3318.04 of 24,294
the Revised Code.
(5) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 24,297
REVISED CODE, THE PORTION OF THE BASIC PROJECT COSTS THAT SHALL
BE PAID BY A DISTRICT RECEIVING STATE FUNDS UNDER THE PILOT 24,298
PROGRAM SHALL BE THE "REQUIRED PERCENTAGE OF THE BASIC PROJECT 24,299
COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01 OF THE 24,300
REVISED CODE."
Section 28.* That existing Section 26 of Am. Sub. H.B. 850 24,302
of the 122nd General Assembly is hereby repealed. 24,303
Section 29. That Section 7 of Am. Sub. S.B. 102 of the 24,306
122nd General Assembly be amended to read as follows: 24,307
Sec. 7. All items set forth in this section are hereby 24,310
appropriated out of any moneys in the state treasury to the 24,311
credit of the School Building Program Assistance Fund (Fund 032). 24,313
Revenues to the School Building Program Assistance Fund shall 24,314
consist of proceeds of obligations authorized to pay costs of 24,315
capital facilities as defined in section 3318.21 of the Revised 24,316
513
Code.
Appropriations 24,318
SFC SCHOOL FACILITIES COMMISSION 24,319
CAP-737 School Building Program Assistance $ 300,000,000 24,323
Total School Facilities Commission $ 300,000,000 24,325
School Building Assistance 24,328
Of the foregoing appropriation item CAP-737, School 24,330
Building Program Assistance, up to $200,000,000 shall be used by 24,331
the Ohio School Facilities Commission to provide funds to schools 24,332
that receive conditional approval by the Ohio School Facilities 24,334
Commission pursuant to Chapter 3318. of the Revised Code.
Up to $50,000,000 of that amount shall be used by the Ohio 24,336
School Facilities Commission to administer the Emergency School 24,337
Building Repair Program, pursuant to section 3318.35 of the 24,338
Revised Code.
Of the foregoing appropriation item CAP-737, School 24,340
Building Program Assistance, notwithstanding Chapter 3318. of the 24,341
Revised Code, up to $100,000,000 shall be used by the Ohio School 24,342
Facilities Commission to provide funds to the big eight school 24,343
districts to be used for major renovations and repairs of school 24,346
facilities. BIG EIGHT SCHOOL DISTRICTS WHICH LEVY AT LEAST 2.5
VOTED MILLS FOR PERMANENT IMPROVEMENTS SHALL ALSO BE ELIGIBLE TO 24,347
EXPEND FUNDS FOR ADDITIONS TO EXISTING FACILITIES. ANY BIG EIGHT 24,348
SCHOOL DISTRICT THAT EXPENDS THESE FUNDS FOR AN ADDITION TO AN 24,349
EXISTING FACILITY SHALL RECEIVE NO ASSISTANCE FROM THE SCHOOL 24,350
FACILITIES COMMISSION FOR THE PURPOSE OF REPLACING THAT FACILITY 24,352
FOR A PERIOD OF AT LEAST TWENTY YEARS. Funds shall be allocated 24,353
to the school districts on a per pupil basis, based on fiscal 24,354
year 1997 total average daily membership as defined in section 24,355
3317.03 of the Revised Code. IN THE EVENT A SCHOOL DISTRICT IS 24,357
NO LONGER ELIGIBLE TO RECEIVE THESE FUNDS AS A RESULT OF BECOMING 24,358
ELIGIBLE TO RECEIVE CONDITIONAL APPROVAL FOR PARTICIPATION IN THE 24,359
CLASSROOM FACILITIES ASSISTANCE PROGRAM, THE SCHOOL FACILITIES 24,361
COMMISSION SHALL REALLOCATE THE FUNDS TO THE REMAINING ELIGIBLE
514
DISTRICTS ON A PER PUPIL BASIS. To be eligible to receive these 24,362
funds, each school district shall: 24,364
(1) Provide a 100 per cent match from funds that are 24,367
approved by the Ohio School Facilities Commission;
(2) Develop and submit a capital renovations plan for the 24,369
use of state and local funds subject to approval by the Ohio 24,370
School Facilities Commission; 24,371
(3) NOT BE ELIGIBLE TO RECEIVE CONDITIONAL APPROVAL FOR 24,373
PARTICIPATION IN THE CLASSROOM FACILITIES ASSISTANCE PROGRAM 24,375
PURSUANT TO SECTION 3318.04 OF THE REVISED CODE. 24,376
As used in this section, "big eight school district" means 24,378
a school district that for fiscal year 1997 had a percentage of 24,379
children residing in the district and receiving Aid to Dependent 24,380
Children greater than thirty per cent, as reported pursuant to 24,381
section 3317.10 of the Revised Code, and had an average daily 24,382
membership greater than twelve thousand, as reported pursuant to 24,383
division (A) of section 3317.03 of the Revised Code. 24,385
Section 30. That existing Section 7 of Am. Sub. S.B. 102 24,387
of the 122nd General Assembly is hereby repealed. 24,388
Section 31. (A) That Sections 50.52.1, 50.52.3, 50.52.6, 24,390
50.52.8, 50.52.11, and 50.52.13 of Am. Sub. H.B. 215 of the 122nd 24,391
General Assembly are hereby repealed. 24,392
(B) That Sections 50.52.4, 50.52.7, and 50.52.9 of Am. 24,394
Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. 24,395
Sub. H.B. 770 of the 122nd General Assembly, are hereby repealed. 24,396
(C) That Sections 50.52.5 and 50.52.10 of Am. Sub. H.B. 24,398
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 24,399
650 and Am. Sub. H.B. 770 of the 122nd General Assembly, are 24,400
hereby repealed. 24,401
Section 32. (A) As used in this section, "pilot project 24,403
area" means the school districts included in the territory of the 24,404
former community school pilot project established by former 24,405
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly. 24,406
(B) Any teacher or nonteaching employee of a school 24,408
515
district in the pilot project area who, on the effective date of 24,409
this section, is taking a leave of absence from the district 24,410
pursuant to a policy adopted under former Section 50.52.13 of 24,411
that act to work at a community school established under the 24,412
pilot project and located in another school district may continue 24,413
the leave under the terms of that policy and former section. 24,414
Upon termination of the leave, the district shall return the 24,415
teacher or nonteaching employee to a position, salary, and level 24,416
of seniority as required by that former section. 24,417
(C) During the first year of operation of a community 24,419
school in the pilot project area, the Department of Education 24,420
shall pay each school district in the pilot project area, for 24,421
each student enrolled in the community school who is otherwise 24,423
entitled to attend school in the district under section 3313.64 24,424
or 3313.65 of the Revised Code, 50 per cent of the district's per 24,425
pupil state funds. For this purpose, "per pupil state funds" 24,426
means the sum of the amounts computed for the district under 24,427
divisions (A), (C)(1), and (E) of section 3317.022 of the Revised 24,428
Code plus any payments received under section 3317.0212 of the 24,429
Revised Code, divided by the district's formula ADM certified 24,430
under section 3317.03 of the Revised Code. The payments made 24,431
under this division are in addition to all other payments made 24,432
under Chapter 3317. of the Revised Code to any school district in 24,433
the pilot project area. This division applies only in fiscal 24,434
years 2000 and 2001.
Section 33. The requirement of division (B) of section 24,436
3324.02 of the Revised Code that rules adopted under that 24,437
division are to be adopted under Chapter 119. of the Revised Code 24,438
does not apply to initial rules adopted under that division that 24,439
are to be available by September 1, 1999. In adopting these 24,440
initial rules the Department of Education is exempt from both 24,441
section 111.15 and Chapter 119. of the Revised Code, but shall 24,442
prepare the rules in a form anticipating eventual codification 24,443
into the Administrative Code. The initial rules take effect 24,444
516
immediately upon adoption, but expire on January 15, 2000, by 24,445
which date the department shall have adopted rules under Chapter 24,446
119. of the Revised Code as required by division (B) of section 24,447
3324.02 of the Revised Code.
Section 34. Every school district shall identify by 24,449
November 15, 2000, any gifted student enrolled as of January 1, 24,450
2000, in grades kindergarten through eleven in the district. 24,451
Section 35. By January 30, 2000, the Department of 24,453
Education shall recommend to the General Assembly the best method 24,454
of ensuring that state special education and vocational 24,455
educational funds are expended by school districts for the needs 24,456
of special education and vocational students. 24,457
Section 36. (A) The Ohio School Facilities Commission may 24,459
commit up to thirty-five million dollars to the Canton City 24,460
School District for construction of a facility described in this 24,462
section, in lieu of a high school that would otherwise be 24,463
authorized under Chapter 3318. of the Revised Code. The
commission shall not commit funds under this section unless all 24,464
of the following conditions are met: 24,465
(1) The district has entered into a cooperative agreement 24,467
with a state-assisted technical college; 24,468
(2) The district has received an irrevocable commitment of 24,470
additional funding from nonpublic sources; 24,471
(3) The facility is intended to serve both secondary and 24,473
postsecondary instructional purposes. 24,474
(B) The commission shall enter into an agreement with the 24,476
district for the construction of the facility authorized under 24,477
this section that is separate from and in addition to the 24,478
agreement required for the district's participation in the 24,479
Classroom Facilities Assistance Program under section 3318.08 of 24,480
the Revised Code. Notwithstanding that section and sections 24,481
3318.03, 3318.04, and 3318.083 of the Revised Code, the 24,483
additional agreement shall provide but not be limited to the 24,484
following:
517
(1) The commission shall not have any oversight 24,486
responsibilities over the construction of the facility; 24,487
(2) The facility need not comply with the specifications 24,489
for plans and materials for high schools adopted by the 24,490
commission;
(3) The commission may decrease the basic project cost 24,492
that would otherwise be calculated for a high school under 24,494
Chapter 3318. of the Revised Code;
(4) The state shall not share in any increases in the 24,496
basic project cost for the facility above the amount authorized 24,497
under this section.
All other provisions of Chapter 3318. of the Revised Code 24,499
apply to the approval and construction of a facility authorized 24,501
under this section.
The state funds committed to the facility authorized by 24,503
this section shall be part of the total amount the state commits 24,504
to the Canton City School District under Chapter 3318. of the 24,505
Revised Code. All additional state funds committed to the Canton 24,506
City School District for classroom facilities assistance shall be 24,507
subject to all provisions of Chapter 3318. of the Revised Code. 24,508
Section 37.* Not later than four years after the effective 24,510
date of this section, the Board of Regents shall determine the 24,511
cost of upgrading facilities at public universities in this state 24,512
that likely would be used if the City of Cincinnati were awarded 24,513
the summer olympic games. Upon completion of the cost 24,514
determination, the board shall submit a written report of its 24,515
findings to the Governor, the President of the Senate, the 24,516
Speaker of the House of Representatives, and to each member of 24,517
the legislative authority of the City of Cincinnati. 24,518
Section 38. The Governor shall fill the first vacancy 24,520
occurring on the State Lottery Commission on or after the 24,521
effective date of section 3770.01 of the Revised Code, as amended 24,522
by this act, with a person who represents an organization that 24,523
deals with problem gambling and assists recovering gambling 24,524
518
addicts.
Section 39.* On the effective date of this section, the 24,526
Ohio SchoolNet Office is abolished and all of its functions, and 24,527
assets and liabilities, are transferred to the Ohio SchoolNet 24,528
Commission. The Ohio SchoolNet Commission is thereupon and 24,529
thereafter successor to, assumes the obligations of, and 24,530
otherwise constitutes the continuation of the Ohio SchoolNet 24,531
Office.
Any business commenced but not completed by the Ohio 24,533
SchoolNet Office or its director on the effective date of this 24,534
section shall be completed by the Ohio SchoolNet Commission or 24,535
its executive director in the same manner, and with the same 24,536
effect, as if completed by the Ohio SchoolNet Office or its 24,537
director. No validation, cure, right, privilege, remedy, 24,538
obligation, or liability is lost or impaired by reason of the 24,539
transfer required by this section and shall be administered by 24,540
the Ohio SchoolNet Commission. All of the Ohio SchoolNet 24,541
Office's rules, orders, and determinations continue in effect as 24,542
rules, orders, and determinations of the Ohio SchoolNet 24,543
Commission, until modified or rescinded by the Ohio SchoolNet 24,544
Commission. If necessary to ensure the integrity of the 24,545
numbering of the Administrative Code the Director of the 24,546
Legislative Service Commission shall renumber the Ohio SchoolNet 24,547
Office's rules to reflect their transfer to the Ohio SchoolNet 24,548
Commission.
Subject to the lay-off provisions of sections 124.321 to 24,550
124.328 of the Revised Code, all of the employees of the Ohio 24,551
SchoolNet Office are transferred to the Ohio SchoolNet Commission 24,552
and retain their positions and all of the benefits accruing 24,553
thereto.
Whenever the Ohio SchoolNet Office or its director is 24,555
referred to in any law, contract, or other document, the 24,556
reference shall be deemed to refer to the Ohio SchoolNet 24,557
Commission or its executive director, whichever is appropriate. 24,558
519
No action or proceeding pending on the effective date of 24,560
this section is affected by the transfer, and shall be prosecuted 24,561
or defended in the name of the Ohio SchoolNet Commission or its 24,562
executive director. In all such actions and proceedings, the 24,563
Ohio SchoolNet Commission or its executive director upon 24,564
application to the court shall be substituted as a party. 24,565
Section 40.* The Department of Education shall apply 24,567
division (D) of section 3319.22 of the Revised Code to 24,568
educational service centers and county boards of mental 24,569
retardation and developmental disabilities as if it were 24,570
effective July 1, 1998. The department shall accept a 24,571
professional development plan and coursework that was approved on 24,572
or after that date by a local professional development committee 24,573
established by a service center or county board if the committee 24,574
meets the requirements of that division and the plan and 24,575
coursework meet the requirements of the rules adopted by the 24,576
State Board of Education under section 3319.22 of the Revised 24,577
Code.
Section 41. Sections 3313.974, 3313.975, 3313.976, 24,579
3313.977, 3313.978, and 3313.979 of the Revised Code contained 24,580
within the purview of Sections 1 and 2 of this act, which 24,581
establish the Pilot Project Scholarship and Tutorial Assistance 24,582
Program, are repealed and reenacted with a modification in order 24,584
to restore them to effectiveness as part of the law and to
reinstate the program with a modification. The Supreme Court of 24,586
Ohio, in Simmons-Harris v. Goff (1999), __Ohio St.3d__, 24,587
invalidated the sections as they resulted from Am. Sub. H.B. 117 24,588
of the 121st General Assembly, 146 Ohio Laws 900, holding their 24,589
enactment in that act to have been violative of the one-subject 24,590
rule, Ohio Constitution, Article II, Section 15(D). 24,591
This reinstatement of the Pilot Project Scholarship and 24,593
Tutorial Assistance Program is a continuation of the program 24,594
operating in the 1998-1999 school year, with the modifications 24,595
made in this act. Students who received scholarships that year 24,596
520
may continue to receive scholarships in subsequent years, as 24,597
provided in division (C)(1) of new section 3313.975 of the 24,598
Revised Code, until they complete eighth grade, as long as they 24,599
comply with the requirements of new sections 3313.974 to 3313.979 24,600
of the Revised Code and the General Assembly appropriates funds 24,601
for the program.
Amendments to the Pilot Project Scholarship Program 24,603
subsequent to Am. Sub. H.B. 117 also lost effectiveness because 24,604
of the invalidation of the original enactment. The repeal and 24,605
reenactment of section 3313.975 of the Revised Code contained 24,606
within the purview of Sections 1 and 2 of this act also restore 24,607
these subsequent amendments, by Am. Sub. H.B. 215 and Am. Sub. 24,608
H.B. 770 of the 122nd General Assembly, to effectiveness as part 24,609
of the law. The amendment of section 3313.975 of the Revised 24,610
Code in Am. Sub. H.B. 215 corrected a constitutional deficiency 24,611
noted in Simmons-Harris v. Goff, unreported, 10th District Court 24,613
of Appeals (1997).
Section 3313.977 as repealed and reenacted within the 24,615
purview of Sections 1 and 2 of this act omits original division 24,616
(A)(1)(d) of that section to correct a constitutional deficiency 24,617
noted in Simmons-Harris v. Goff (1999), __Ohio St.3d__. 24,618
Section 42. For a period of 6 months from the effective 24,620
date of this section, a school board upon a two-thirds vote of 24,621
its members may, notwithstanding AC 3301-92-03, withdraw moneys 24,622
from the budget reserve fund for an unanticipated deficiency in 24,623
revenue or an emergency. The school board must certify that the
reason for withdrawal is one of the following conditions: 24,624
1. The school district's loss at the ballot of an existing 24,626
operating levy in the current or previous fiscal year; 24,627
2. Substantial income or property tax delinquencies; 24,629
3. A substantial loss of tangible personal property 24,631
assessed valuation;
4. A substantial loss in revenue or an expenditure due to 24,633
civil insurrection;
521
5. A substantial loss in revenue or an expenditure due to 24,635
a natural disaster;
6. Substantial expenditure due to a catastrophic capital 24,637
loss;
7. A substantial loss of state aid; 24,639
8. A substantial tax refund paid by the school district in 24,641
any one fiscal year; 24,642
9. Any other unanticipated, extraordinary, unusual and 24,644
infrequent occurrence in any one fiscal year that results in a 24,645
substantial expenditure or a loss in revenue. 24,646
Pursuant to RC 5705.29, the board must file a schedule for 24,648
replenishing the account with the Superintendent of Public 24,649
Instruction and receive approval of the schedule from the 24,650
Superintendent of Public Instruction before proceeding with the 24,651
withdrawal. No other approval of the Superintendent of Public
Instruction is required. 24,652
The State Auditor and State Superintendent of Public 24,654
Instruction, within 6 months hereafter, shall re-file 24,655
administrative rule 3301-92-03 relative to the withdrawal of 24,656
funds from school districts' budget reserve funds. The State
Auditor and State Superintendent of Public Instruction shall 24,657
receive input from affected entities and shall consider 24,658
information and experience which has developed since the initial 24,659
promulgation of the rule, with particular emphasis on the role of 24,660
the State Superintendent of Public Instruction with respect to
the withdrawal of funds of the school district, and the 24,661
appropriateness of threshold amounts for withdrawal of funds. 24,662
Section 43. Except as otherwise specifically provided in 24,664
this act, the codified sections of law amended or enacted in this 24,665
act, and the items of law of which the codified sections of law 24,666
amended or enacted in this act are composed, are subject to the 24,667
referendum. Therefore, under Ohio Constitution, Article II, 24,668
Section 1c and section 1.471 of the Revised Code, the codified 24,669
sections of law amended or enacted by this act, and the items of 24,670
522
law of which the codified sections of law as amended or enacted 24,671
by this act are composed, take effect on the ninety-first day 24,672
after this act is filed with the Secretary of State. If, 24,673
however, a referendum petition is filed against any such codified 24,674
section of law as amended or enacted by this act, or against any 24,675
item of law of which any such codified section of law as amended 24,676
or enacted by this act is composed, the codified section of law 24,677
as amended or enacted, or item of law, unless rejected at the 24,678
referendum, takes effect at the earliest time permitted by law. 24,679
Section 44. Except as otherwise specifically provided in 24,681
this act, the repeal by this act of a codified section of law is 24,682
subject to the referendum. Therefore, under Ohio Constitution, 24,683
Article II, Section 1c and section 1.471 of the Revised Code, the 24,684
repeal by this act of a codified section of law takes effect on 24,685
the ninety-first day after this act is filed with the Secretary 24,686
of State. If, however, a referendum petition is filed against 24,687
any such repeal, the repeal, unless rejected at the referendum, 24,688
takes effect at the earliest time permitted by law. 24,689
Section 45. Sections 3301.17, 3301.171, 3302.01, 3302.02, 24,691
3302.03, 3313.974, 3313.975, 3313.976, 3313.977, 3313.978, 24,693
3313.979, 3313.981, 3314.012, 3314.03, 3314.05, 3314.06, 24,694
3314.071, 3314.08, 3314.09, 3314.11, 3314.12, 3314.13, 3314.15, 24,696
3316.05, 3316.06, 3317.014, 3317.02, 3317.022, 3317.023, 24,698
3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03,
3317.033, 3317.05, 3317.051, 3317.11, 3317.16, 3317.162, 3317.19, 24,700
3318.33, 3332.05, 3332.07, 3333.12, 3333.27, 4117.101, and 24,701
5910.032 of the Revised Code as amended or enacted by this act, 24,702
and the items of law of which such sections as amended or enacted 24,703
by this act are composed, are not subject to the referendum. 24,704
Therefore, under Ohio Constitution, Article II, Section 1d and 24,705
section 1.471 of the Revised Code, such sections as amended or 24,706
enacted by this act, and the items of law of which such sections 24,707
as amended or enacted by this act are composed, go into immediate 24,708
effect when this act becomes law. 24,709
523
Section 46. The repeal by this act of sections 3313.974, 24,711
3313.975, 3313.976, 3313.977, 3313.978, 3313.979, 3317.053, and 24,712
3317.16 of the Revised Code is not subject to the referendum. 24,713
Therefore, under Ohio Constitution, Article II, Section 1d and 24,714
section 1.471 of the Revised Code, the repeals go into immediate 24,715
effect when this act becomes law. 24,716
Section 47. (A) The amendments by this act to division 24,718
(F) of section 5919.34 of the Revised Code constitute an item of 24,719
law that is subject to the referendum. Therefore, under Ohio 24,720
Constitution, Article II, Section 1c and section 1.471 of the 24,721
Revised Code, this item of law takes effect on the ninety-first 24,722
day after this act is filed with the Secretary of State. If, 24,723
however, a referendum petition is filed against the item of law, 24,724
the item of law, unless rejected at the referendum, takes effect 24,725
at the earliest time permitted by law. 24,726
(B) The amendments by this act to section 5919.34 of the 24,728
Revised Code, except for the amendments to division (F) of the 24,729
section, constitute an item of law that is not subject to the 24,730
referendum. Therefore, under Ohio Constitution, Article II, 24,731
Section 1d and section 1.471 of the Revised Code, this item of 24,732
law goes into immediate effect when this act becomes law. 24,733
Section 48. Except as otherwise specifically provided in 24,735
this act, the uncodified sections of law amended or enacted in 24,736
this act, and the items of law of which the uncodified sections 24,737
of law amended or enacted in this act are composed, are not 24,738
subject to the referendum. Therefore, under Ohio Constitution, 24,739
Article II, Section 1d and section 1.471 of the Revised Code, the 24,740
uncodified sections of law amended or enacted in this act, and 24,741
the items of law of which the uncodified sections of law amended 24,742
or enacted in this act are composed, go into immediate effect 24,743
when this act becomes law. 24,744
Section 49. Uncodified sections of law amended or enacted 24,746
in this act, and items of law contained within the uncodified 24,747
sections of law amended or enacted in this act, that are marked 24,748
524
with an asterisk are subject to the referendum. Therefore, under 24,749
Ohio Constitution, Article II, Section 1c and section 1.471 of 24,750
the Revised Code, the uncodified sections and items of law marked 24,751
with an asterisk take effect on the ninety-first day after this 24,752
act is filed with the Secretary of State. If, however, a 24,753
referendum petition is filed against an uncodified section or 24,754
item of law marked with an asterisk, the uncodified section or 24,755
item of law marked with an asterisk, unless rejected at the 24,756
referendum, takes effect at the earliest time permitted by law. 24,757
If the amending and existing repeal clauses commanding an 24,759
amendment of an uncodified section of law are both marked with 24,760
asterisks, the uncodified section as amended is deemed also to 24,762
have been marked with an asterisk.
An asterisk marking an uncodified section or item of law 24,764
has the form *. 24,765
This section defines the meaning and form of, but is not 24,767
itself to be considered marked with, an asterisk. 24,768
Section 50. If the amendment or enactment in this act of a 24,770
codified or uncodified section of law is subject to the 24,771
referendum, the corresponding indications in the amending, 24,772
enacting, or existing repeal clauses commanding the amendment or 24,773
enactment also are subject to the referendum, along with the 24,774
amendment or enactment. If the amendment or enactment by this 24,775
act of a codified or uncodified section of law is not subject to 24,776
the referendum, the corresponding indications in the amending, 24,777
enacting, or existing repeal clauses commanding the amendment or 24,778
enactment also are not subject to the referendum, the same as the 24,779
amendment or enactment. 24,780
Section 51. An item, other than an amending, enacting, or 24,782
repealing clause, that composes the whole or part of an 24,783
uncodified section contained in this act has no effect after June 24,784
30, 2001, unless its context clearly indicates otherwise. 24,785
Section 52. Section 3316.06 of the Revised Code is 24,787
presented in this act as a composite of the section as amended by 24,788
525
both Am. Sub. H.B. 56 and Am. Sub. S.B. 17 of the 122nd General 24,789
Assembly, with the new language of neither of the acts shown in 24,791
capital letters. This is in recognition of the principle stated 24,792
in division (B) of section 1.52 of the Revised Code that such 24,793
amendments are to be harmonized where not substantively 24,794
irreconcilable and constitutes a legislative finding that such is 24,795
the resulting version in effect prior to the effective date of 24,796
this act.
Section 53. Section 3365.07 of the Revised Code is 24,798
presented in this act as a composite of the section as amended by 24,799
both Am. Sub. H.B. 434 and Am. Sub. H.B. 777 of the 118th General 24,800
Assembly, with the new language of neither of the acts shown in 24,802
capital letters. This is in recognition of the principle stated 24,803
in division (B) of section 1.52 of the Revised Code that such 24,804
amendments are to be harmonized where not substantively 24,805
irreconcilable and constitutes a legislative finding that such is 24,806
the resulting version in effect prior to the effective date of 24,807
this act.
Section 54. If any item of law that constitutes the whole 24,809
or part of a codified or uncodified section of law contained in 24,810
this act, or if any application of any item of law that 24,811
constitutes the whole or part of a codified or uncodified section 24,812
of law contained in this act, is held invalid, the invalidity 24,813
does not affect other items of law or applications of item of law 24,814
that can be given effect without the invalid item of law or
application. To this end, the items of law of which the codified 24,815
and uncodified sections contained in this act are composed, and 24,816
their applications, are independent and severable. 24,817