As Passed by the Senate 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-SENATORS KEARNS-WACHTMANN-MUMPER 10
_________________________________________________________________ 12
A B I L L
To amend section 3321.01 of the Revised Code to 14
permit school district boards beginning with the 15
2000-2001 school year to adopt the first day of
August, instead of the thirtieth day of 16
September, as the date by which a child must be 17
five years of age to be admitted to kindergarten 18
and six years of age to be admitted to first 19
grade.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 3321.01 of the Revised Code be 23
amended to read as follows: 24
Sec. 3321.01. (A) (1) As used in this chapter, "parent," 33
"guardian," or "other person having charge or care of a child" 34
means either parent unless the parents are separated or divorced 35
or their marriage has been dissolved or annulled, in which case 36
"parent" means the parent who is the residential parent and legal 37
custodian of the child. If the child is in the legal or 38
permanent custody of a person or government agency, "parent" 39
means that person or government agency. When a child is a 40
resident of a home, as defined in section 3313.64 of the Revised 41
Code, and the child's parent is not a resident of this state, 42
"parent," "guardian," or "other person having charge or care of a 43
child" means the head of the home. 44
A child between six and eighteen years of age is "of 46
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compulsory school age" for the purpose of sections 3321.01 to 47
3321.13 of the Revised Code. A child under six years of age who 48
has been enrolled in kindergarten also shall be considered "of 49
compulsory school age" for the purpose of sections 3321.01 to 50
3321.13 of the Revised Code unless at any time the child's parent 51
or guardian, at the parent's or guardian's discretion and in 52
consultation with the child's teacher and principal, formally 53
withdraws the child from kindergarten. The compulsory school age
of a child shall not commence until the beginning of the term of 55
such schools, or other time in the school year fixed by the rules 56
of the board of the district in which the child resides. 57
(2) No child shall be admitted to a kindergarten or a 59
first grade of a public school in a district in which all 60
children are admitted to kindergarten and the first grade in 61
August or September unless the child is five or six years of age, 62
respectively, by the thirtieth day of September of the year of 65
admittance, or by the first day of a term or semester other than 66
one beginning in August or September in school districts granting 67
admittance at the beginning of such term or semester, except that 68
in those school districts using or obtaining educationally 69
accepted standardized testing programs for determining entrance, 70
as approved by the board of education of such districts, the 71
board shall admit a child to kindergarten or the first grade who 72
fails to meet the age requirement, provided the child meets 73
necessary standards as determined by such standardized testing 74
programs. If the board of education has not established a 75
standardized testing program, the board shall designate the 76
necessary standards and a testing program it will accept for the 77
purpose of admitting a child to kindergarten or first grade who 78
fails to meet the age requirement. Each child who will be the 79
proper age for entrance to kindergarten or first grade by the 80
first day of January of the school year for which admission is 81
requested shall be so tested upon the request of the child's 82
parent.
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(3) NOTWITHSTANDING DIVISIONS (A)(2) AND (D) OF THIS 85
SECTION, BEGINNING WITH THE SCHOOL YEAR THAT STARTS IN 2001 AND
CONTINUING THEREAFTER THE BOARD OF EDUCATION OF ANY DISTRICT MAY 86
ADOPT A RESOLUTION ESTABLISHING THE FIRST DAY OF AUGUST IN LIEU 87
OF THE THIRTIETH DAY OF SEPTEMBER AS THE REQUIRED DATE BY WHICH 88
STUDENTS MUST HAVE ATTAINED THE AGE SPECIFIED IN THOSE DIVISIONS. 89
(B) As used in divisions (C) and (D) of this section, 90
"successfully completed kindergarten" and "successful completion 91
of kindergarten" mean that the child has completed the 92
kindergarten requirements at one of the following: 93
(1) A public or chartered nonpublic school; 95
(2) A kindergarten class that is both of the following: 97
(a) Offered by a day-care provider licensed under Chapter 99
5104. of the Revised Code; 100
(b) If offered after July 1, 1991, is directly taught by a 102
teacher who holds one of the following: 103
(i) A valid educator license issued under section 3319.22 106
of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate 108
diploma granted by the American Montessori society or the 109
association Montessori internationale; 110
(iii) Certification determined under division (G) of this 112
section to be equivalent to that described in division 113
(B)(2)(b)(ii) of this section; 114
(iv) Certification for teachers in nontax-supported 116
schools pursuant to section 3301.071 of the Revised Code. 117
(C) Except as provided in division (D) of this section, no 119
school district shall admit to the first grade any child who has 120
not successfully completed kindergarten. 121
(D) Upon request of a parent, the requirement of division 123
(C) of this section may be waived by the district's pupil 124
personnel services committee in the case of a child who is at 125
least six years of age by the thirtieth day of September of the 127
year of admittance and who demonstrates to the satisfaction of 128
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the committee the possession of the social, emotional, and 130
cognitive skills necessary for first grade.
The board of education of each city, local, and exempted 132
village school district shall establish a pupil personnel 133
services committee. The committee shall be composed of all of 134
the following to the extent such personnel are either employed by 135
the district or employed by the governing board of the 137
educational service center within whose territory the district is 138
located and the educational service center generally furnishes 139
the services of such personnel to the district: 140
(1) The director of pupil personnel services; 142
(2) An elementary school counselor; 144
(3) An elementary school principal; 146
(4) A school psychologist; 148
(5) A teacher assigned to teach first grade. 150
The responsibilities of the pupil personnel services 152
committee shall be limited to the issuing of waivers allowing 153
admittance to the first grade without the successful completion 154
of kindergarten. The committee shall have no other authority 155
except as specified in this section. 156
(E) The scheduling of times for kindergarten classes and 158
length of the school day for kindergarten shall be determined by 159
the board of education of a city, exempted village, or local 160
school district. 161
(F) Any kindergarten class offered by a day-care provider 163
or school described by division (B)(1) or (B)(2)(a) of this 164
section shall be developmentally appropriate. 165
(G) Upon written request of a day-care provider described 167
by division (B)(2)(a) of this section, the department of 168
education shall determine whether certification held by a teacher 169
employed by the provider meets the requirement of division 170
(B)(2)(b)(iii) of this section and, if so, shall furnish the 171
provider a statement to that effect. 172
Section 2. That existing section 3321.01 of the Revised 174
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Code is hereby repealed. 175