As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 383 5
1999-2000 6
REPRESENTATIVES BRADING-TERWILLEGER-CORBIN-HARTNETT- 8
TAYLOR-HOLLISTER-BENDER-JOLIVETTE-LOGAN 9
_________________________________________________________________ 10
A B I L L
To amend section 3321.01 of the Revised Code to 12
phase in over two years a requirement that by the 13
first day of August, instead of the thirtieth day
of September, a child must be five years of age 14
to be admitted to kindergarten and six years of 15
age to be admitted to first grade.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 3321.01 of the Revised Code be 19
amended to read as follows: 20
Sec. 3321.01. (A) As used in this chapter, "parent," 29
"guardian," or "other person having charge or care of a child" 30
means either parent unless the parents are separated or divorced 31
or their marriage has been dissolved or annulled, in which case 32
"parent" means the parent who is the residential parent and legal 33
custodian of the child. If the child is in the legal or 34
permanent custody of a person or government agency, "parent" 35
means that person or government agency. When a child is a 36
resident of a home, as defined in section 3313.64 of the Revised 37
Code, and the child's parent is not a resident of this state, 38
"parent," "guardian," or "other person having charge or care of a 39
child" means the head of the home. 40
A child between six and eighteen years of age is "of 42
compulsory school age" for the purpose of sections 3321.01 to 43
3321.13 of the Revised Code. The compulsory school age of a 44
child shall not commence until the beginning of the term of such 45
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schools, or other time in the school year fixed by the rules of 46
the board of the district in which the child resides. 47
No child shall be admitted to a kindergarten or a first 49
grade of a public school in a district in which all children are 50
admitted to kindergarten and the first grade in August or 51
September unless the child is five or six years of age, 52
respectively, by the thirtieth FIRST day of September AUGUST of 55
the year of admittance, or by the first day of a term or semester 56
other than one beginning in August or September in school 57
districts granting admittance at the beginning of such term or 58
semester, except that in those school districts using or 59
obtaining educationally accepted standardized testing programs 60
for determining entrance, as approved by the board of education 61
of such districts, the board shall admit a child to kindergarten 62
or the first grade who fails to meet the age requirement, 63
provided the child meets necessary standards as determined by 64
such standardized testing programs. If the board of education 65
has not established a standardized testing program, the board 66
shall designate the necessary standards and a testing program it 67
will accept for the purpose of admitting a child to kindergarten 68
or first grade who fails to meet the age requirement. Each child 69
who will be the proper age for entrance to kindergarten of first 70
grade by the first day of January of the school year for which 71
admission is requested shall be so tested upon the request of the 72
child's parent.
(B) As used in divisions (C) and (D) of this section, 74
"successfully completed kindergarten" and "successful completion 75
of kindergarten" mean that the child has completed the 76
kindergarten requirements at one of the following: 77
(1) A public or chartered nonpublic school; 79
(2) A kindergarten class that is both of the following: 81
(a) Offered by a day-care provider licensed under Chapter 83
5104. of the Revised Code; 84
(b) If offered after July 1, 1991, is directly taught by a 86
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teacher who holds one of the following: 87
(i) A valid educator license issued under section 3319.22 90
of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate 92
diploma granted by the American Montessori society or the 93
association Montessori internationale; 94
(iii) Certification determined under division (G) of this 96
section to be equivalent to that described in division 97
(B)(2)(b)(ii) of this section; 98
(iv) Certification for teachers in nontax-supported 100
schools pursuant to section 3301.071 of the Revised Code. 101
(C) Except as provided in division (D) of this section, no 103
school district shall admit to the first grade any child who has 104
not successfully completed kindergarten. 105
(D) Upon request of a parent, the requirement of division 107
(C) of this section may be waived by the district's pupil 108
personnel services committee in the case of a child who is at 109
least six years of age by the thirtieth FIRST day of September 111
AUGUST of the year of admittance and who demonstrates to the 112
satisfaction of the committee the possession of the social, 113
emotional, and cognitive skills necessary for first grade. 114
The board of education of each city, local, and exempted 116
village school district shall establish a pupil personnel 117
services committee. The committee shall be composed of all of 118
the following to the extent such personnel are either employed by 119
the district or employed by the governing board of the 121
educational service center within whose territory the district is 122
located and the educational service center generally furnishes 123
the services of such personnel to the district: 124
(1) The director of pupil personnel services; 126
(2) An elementary school counselor; 128
(3) An elementary school principal; 130
(4) A school psychologist; 132
(5) A teacher assigned to teach first grade. 134
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The responsibilities of the pupil personnel services 136
committee shall be limited to the issuing of waivers allowing 137
admittance to the first grade without the successful completion 138
of kindergarten. The committee shall have no other authority 139
except as specified in this section. 140
(E) The scheduling of times for kindergarten classes and 142
length of the school day for kindergarten shall be determined by 143
the board of education of a city, exempted village, or local 144
school district. 145
(F) Any kindergarten class offered by a day-care provider 147
or school described by division (B)(1) or (B)(2)(a) of this 148
section shall be developmentally appropriate. 149
(G) Upon written request of a day-care provider described 151
by division (B)(2)(a) of this section, the department of 152
education shall determine whether certification held by a teacher 153
employed by the provider meets the requirement of division 154
(B)(2)(b)(iii) of this section and, if so, shall furnish the 155
provider a statement to that effect. 156
Section 2. That existing section 3321.01 of the Revised 158
Code is hereby repealed. 159
Section 3. Notwithstanding the first day of August date 161
specified in divisions (A) and (D) of section 3321.01 of the 162
Revised Code, in 2000 that date shall be the first day of 163
September, and in 2001 and each year thereafter that date shall 164
be the first day of August as specified in those divisions.