As Reported by House Education Committee 1
123rd General Assembly 4
Regular Session Am. 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
permit school district boards beginning with the 13
2000-2001 school year to adopt the first day of
August, instead of the thirtieth day of 14
September, as the date by which a child must be 15
five years of age to be admitted to kindergarten 16
and six years of age to be admitted to first 17
grade.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 3321.01 of the Revised Code be 21
amended to read as follows: 22
Sec. 3321.01. (A) (1) As used in this chapter, "parent," 31
"guardian," or "other person having charge or care of a child" 32
means either parent unless the parents are separated or divorced 33
or their marriage has been dissolved or annulled, in which case 34
"parent" means the parent who is the residential parent and legal 35
custodian of the child. If the child is in the legal or 36
permanent custody of a person or government agency, "parent" 37
means that person or government agency. When a child is a 38
resident of a home, as defined in section 3313.64 of the Revised 39
Code, and the child's parent is not a resident of this state, 40
"parent," "guardian," or "other person having charge or care of a 41
child" means the head of the home. 42
A child between six and eighteen years of age is "of 44
compulsory school age" for the purpose of sections 3321.01 to 45
2
3321.13 of the Revised Code. The compulsory school age of a 46
child shall not commence until the beginning of the term of such 47
schools, or other time in the school year fixed by the rules of 48
the board of the district in which the child resides. 49
(2) No child shall be admitted to a kindergarten or a 51
first grade of a public school in a district in which all 52
children are admitted to kindergarten and the first grade in 53
August or September unless the child is five or six years of age, 54
respectively, by the thirtieth day of September of the year of 57
admittance, or by the first day of a term or semester other than 58
one beginning in August or September in school districts granting 59
admittance at the beginning of such term or semester, except that 60
in those school districts using or obtaining educationally 61
accepted standardized testing programs for determining entrance, 62
as approved by the board of education of such districts, the 63
board shall admit a child to kindergarten or the first grade who 64
fails to meet the age requirement, provided the child meets 65
necessary standards as determined by such standardized testing 66
programs. If the board of education has not established a 67
standardized testing program, the board shall designate the 68
necessary standards and a testing program it will accept for the 69
purpose of admitting a child to kindergarten or first grade who 70
fails to meet the age requirement. Each child who will be the 71
proper age for entrance to kindergarten of first grade by the 72
first day of January of the school year for which admission is 73
requested shall be so tested upon the request of the child's 74
parent.
(3) NOTWITHSTANDING DIVISIONS (A)(2) AND (D) OF THIS 77
SECTION, BEGINNING WITH THE SCHOOL YEAR THAT STARTS IN 2001 AND
CONTINUING THEREAFTER THE BOARD OF EDUCATION OF ANY DISTRICT MAY 78
ADOPT A RESOLUTION ESTABLISHING THE FIRST DAY OF AUGUST IN LIEU 79
OF THE THIRTIETH DAY OF SEPTEMBER AS THE REQUIRED DATE BY WHICH 80
STUDENTS MUST HAVE ATTAINED THE AGE SPECIFIED IN THOSE DIVISIONS. 81
(B) As used in divisions (C) and (D) of this section, 82
3
"successfully completed kindergarten" and "successful completion 83
of kindergarten" mean that the child has completed the 84
kindergarten requirements at one of the following: 85
(1) A public or chartered nonpublic school; 87
(2) A kindergarten class that is both of the following: 89
(a) Offered by a day-care provider licensed under Chapter 91
5104. of the Revised Code; 92
(b) If offered after July 1, 1991, is directly taught by a 94
teacher who holds one of the following: 95
(i) A valid educator license issued under section 3319.22 98
of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate 100
diploma granted by the American Montessori society or the 101
association Montessori internationale; 102
(iii) Certification determined under division (G) of this 104
section to be equivalent to that described in division 105
(B)(2)(b)(ii) of this section; 106
(iv) Certification for teachers in nontax-supported 108
schools pursuant to section 3301.071 of the Revised Code. 109
(C) Except as provided in division (D) of this section, no 111
school district shall admit to the first grade any child who has 112
not successfully completed kindergarten. 113
(D) Upon request of a parent, the requirement of division 115
(C) of this section may be waived by the district's pupil 116
personnel services committee in the case of a child who is at 117
least six years of age by the thirtieth day of September of the 119
year of admittance and who demonstrates to the satisfaction of 120
the committee the possession of the social, emotional, and 122
cognitive skills necessary for first grade.
The board of education of each city, local, and exempted 124
village school district shall establish a pupil personnel 125
services committee. The committee shall be composed of all of 126
the following to the extent such personnel are either employed by 127
the district or employed by the governing board of the 129
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educational service center within whose territory the district is 130
located and the educational service center generally furnishes 131
the services of such personnel to the district: 132
(1) The director of pupil personnel services; 134
(2) An elementary school counselor; 136
(3) An elementary school principal; 138
(4) A school psychologist; 140
(5) A teacher assigned to teach first grade. 142
The responsibilities of the pupil personnel services 144
committee shall be limited to the issuing of waivers allowing 145
admittance to the first grade without the successful completion 146
of kindergarten. The committee shall have no other authority 147
except as specified in this section. 148
(E) The scheduling of times for kindergarten classes and 150
length of the school day for kindergarten shall be determined by 151
the board of education of a city, exempted village, or local 152
school district. 153
(F) Any kindergarten class offered by a day-care provider 155
or school described by division (B)(1) or (B)(2)(a) of this 156
section shall be developmentally appropriate. 157
(G) Upon written request of a day-care provider described 159
by division (B)(2)(a) of this section, the department of 160
education shall determine whether certification held by a teacher 161
employed by the provider meets the requirement of division 162
(B)(2)(b)(iii) of this section and, if so, shall furnish the 163
provider a statement to that effect. 164
Section 2. That existing section 3321.01 of the Revised 166
Code is hereby repealed. 167