As Passed by the House 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-BRITTON-DAMSCHRODER- 9
HARRIS 10
_________________________________________________________________ 11
A B I L L
To amend section 3321.01 of the Revised Code to 13
permit school district boards beginning with the 14
2000-2001 school year to adopt the first day of
August, instead of the thirtieth day of 15
September, as the date by which a child must be 16
five years of age to be admitted to kindergarten 17
and six years of age to be admitted to first 18
grade.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 3321.01 of the Revised Code be 22
amended to read as follows: 23
Sec. 3321.01. (A) (1) As used in this chapter, "parent," 32
"guardian," or "other person having charge or care of a child" 33
means either parent unless the parents are separated or divorced 34
or their marriage has been dissolved or annulled, in which case 35
"parent" means the parent who is the residential parent and legal 36
custodian of the child. If the child is in the legal or 37
permanent custody of a person or government agency, "parent" 38
means that person or government agency. When a child is a 39
resident of a home, as defined in section 3313.64 of the Revised 40
Code, and the child's parent is not a resident of this state, 41
"parent," "guardian," or "other person having charge or care of a 42
child" means the head of the home. 43
A child between six and eighteen years of age is "of 45
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compulsory school age" for the purpose of sections 3321.01 to 46
3321.13 of the Revised Code. A child under six years of age who 47
has been enrolled in kindergarten also shall be considered "of 48
compulsory school age" for the purpose of sections 3321.01 to 49
3321.13 of the Revised Code unless at any time the child's parent 50
or guardian, at the parent's or guardian's discretion and in 51
consultation with the child's teacher and principal, formally 52
withdraws the child from kindergarten. The compulsory school age
of a child shall not commence until the beginning of the term of 54
such schools, or other time in the school year fixed by the rules 55
of the board of the district in which the child resides. 56
(2) No child shall be admitted to a kindergarten or a 58
first grade of a public school in a district in which all 59
children are admitted to kindergarten and the first grade in 60
August or September unless the child is five or six years of age, 61
respectively, by the thirtieth day of September of the year of 64
admittance, or by the first day of a term or semester other than 65
one beginning in August or September in school districts granting 66
admittance at the beginning of such term or semester, except that 67
in those school districts using or obtaining educationally 68
accepted standardized testing programs for determining entrance, 69
as approved by the board of education of such districts, the 70
board shall admit a child to kindergarten or the first grade who 71
fails to meet the age requirement, provided the child meets 72
necessary standards as determined by such standardized testing 73
programs. If the board of education has not established a 74
standardized testing program, the board shall designate the 75
necessary standards and a testing program it will accept for the 76
purpose of admitting a child to kindergarten or first grade who 77
fails to meet the age requirement. Each child who will be the 78
proper age for entrance to kindergarten or first grade by the 79
first day of January of the school year for which admission is 80
requested shall be so tested upon the request of the child's 81
parent.
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(3) NOTWITHSTANDING DIVISIONS (A)(2) AND (D) OF THIS 84
SECTION, BEGINNING WITH THE SCHOOL YEAR THAT STARTS IN 2001 AND
CONTINUING THEREAFTER THE BOARD OF EDUCATION OF ANY DISTRICT MAY 85
ADOPT A RESOLUTION ESTABLISHING THE FIRST DAY OF AUGUST IN LIEU 86
OF THE THIRTIETH DAY OF SEPTEMBER AS THE REQUIRED DATE BY WHICH 87
STUDENTS MUST HAVE ATTAINED THE AGE SPECIFIED IN THOSE DIVISIONS. 88
(B) As used in divisions (C) and (D) of this section, 89
"successfully completed kindergarten" and "successful completion 90
of kindergarten" mean that the child has completed the 91
kindergarten requirements at one of the following: 92
(1) A public or chartered nonpublic school; 94
(2) A kindergarten class that is both of the following: 96
(a) Offered by a day-care provider licensed under Chapter 98
5104. of the Revised Code; 99
(b) If offered after July 1, 1991, is directly taught by a 101
teacher who holds one of the following: 102
(i) A valid educator license issued under section 3319.22 105
of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate 107
diploma granted by the American Montessori society or the 108
association Montessori internationale; 109
(iii) Certification determined under division (G) of this 111
section to be equivalent to that described in division 112
(B)(2)(b)(ii) of this section; 113
(iv) Certification for teachers in nontax-supported 115
schools pursuant to section 3301.071 of the Revised Code. 116
(C) Except as provided in division (D) of this section, no 118
school district shall admit to the first grade any child who has 119
not successfully completed kindergarten. 120
(D) Upon request of a parent, the requirement of division 122
(C) of this section may be waived by the district's pupil 123
personnel services committee in the case of a child who is at 124
least six years of age by the thirtieth day of September of the 126
year of admittance and who demonstrates to the satisfaction of 127
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the committee the possession of the social, emotional, and 129
cognitive skills necessary for first grade.
The board of education of each city, local, and exempted 131
village school district shall establish a pupil personnel 132
services committee. The committee shall be composed of all of 133
the following to the extent such personnel are either employed by 134
the district or employed by the governing board of the 136
educational service center within whose territory the district is 137
located and the educational service center generally furnishes 138
the services of such personnel to the district: 139
(1) The director of pupil personnel services; 141
(2) An elementary school counselor; 143
(3) An elementary school principal; 145
(4) A school psychologist; 147
(5) A teacher assigned to teach first grade. 149
The responsibilities of the pupil personnel services 151
committee shall be limited to the issuing of waivers allowing 152
admittance to the first grade without the successful completion 153
of kindergarten. The committee shall have no other authority 154
except as specified in this section. 155
(E) The scheduling of times for kindergarten classes and 157
length of the school day for kindergarten shall be determined by 158
the board of education of a city, exempted village, or local 159
school district. 160
(F) Any kindergarten class offered by a day-care provider 162
or school described by division (B)(1) or (B)(2)(a) of this 163
section shall be developmentally appropriate. 164
(G) Upon written request of a day-care provider described 166
by division (B)(2)(a) of this section, the department of 167
education shall determine whether certification held by a teacher 168
employed by the provider meets the requirement of division 169
(B)(2)(b)(iii) of this section and, if so, shall furnish the 170
provider a statement to that effect. 171
Section 2. That existing section 3321.01 of the Revised 173
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Code is hereby repealed. 174