REPRESENTATIVES Husted, Clancy, Calvert, Raga, DeWine, Seitz, Setzer, White, Goodman, Gilb, Faber, Webster, Schaffer, Brinkman, Flowers, Callender, Schmidt, Williams, Grendell, Young, Widowfield, Schneider, Wolpert, Blasdel, Allen

To amend sections 149.43, 3314.02, 3314.03, 3314.06,

1

3314.07, 3314.072, 3314.09, 3314.091, 3314.13,

2

3317.024, 3317.03, 3317.07, 3318.50, 3319.30,

3

3327.08, and 3365.08; to amend, for the purpose of

4

adopting a new section number as indicated in

5

parentheses, section 3314.011 (3314.16); and to

6

enact sections 3313.537, 3314.014, 3314.022,

7

3314.031, 3314.081, 3314.17, and 3318.53 of the

8

Revised Code to expand the sponsorship and area of

9

the state in which community schools may be

10

established, to allow certain unlicensed teachers

11

to teach in community schools, to establish the

12

State Board of Community Schools, to establish the

13

Community School Classroom Facilities Assistance

14

Program, and to make other changes in the community

15

school law.

16

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 149.43, 3314.02, 3314.03, 3314.06,	17
3314.07, 3314.072, 3314.09, 3314.091, 3314.13, 3317.024, 3317.03,	18
3317.07, 3318.50, 3319.30, 3327.08, and 3365.08 be amended;	19
section 3314.011 (3314.16) be amended for the purpose of adopting	20
a new section number as indicated in parentheses; and sections	21
3313.537, 3314.014, 3314.022, 3314.031, 3314.081, 3314.17, and	22
3318.53 of the Revised Code be enacted to read as follows:	23

Sec. 149.43.  (A) As used in this section:

24

(1) "Public record" means any record that is kept by any	25
public office, including, but not limited to, state, county, city,	26
village, township, and school district units, except that "public	27
record" does not mean any of the following:	28

(a) Medical records;

29

(b) Records pertaining to probation and parole proceedings;

30

(c) Records pertaining to actions under section 2151.85 and	31
division (C) of section 2919.121 of the Revised Code and to	32
appeals of actions arising under those sections;	33

(d) Records pertaining to adoption proceedings, including	34
the contents of an adoption file maintained by the department of	35
health under section 3705.12 of the Revised Code;	36

(e) Information in a record contained in the putative father	37
registry established by section 3107.062 of the Revised Code,	38
regardless of whether the information is held by the department of	39
job and family services or, pursuant to section 3111.69 of the	40
Revised Code, the office of child support in the department or a	41
child support enforcement agency;	42

(f) Records listed in division (A) of section 3107.42 of the	43
Revised Code or specified in division (A) of section 3107.52 of	44
the Revised Code;	45

(g) Trial preparation records;

46

(h) Confidential law enforcement investigatory records;

47

(i) Records containing information that is confidential	48
under section 2317.023 or 4112.05 of the Revised Code;	49

(j) DNA records stored in the DNA database pursuant to	50
section 109.573 of the Revised Code;	51

(k) Inmate records released by the department of	52
rehabilitation and correction to the department of youth services	53
or a court of record pursuant to division (E) of section 5120.21	54
of the Revised Code;	55

(l) Records maintained by the department of youth services	56
pertaining to children in its custody released by the department	57
of youth services to the department of rehabilitation and	58
correction pursuant to section 5139.05 of the Revised Code;	59

(m) Intellectual property records;

60

(n) Donor profile records;

61

(o) Records maintained by the department of job and family	62
services pursuant to section 3121.894 of the Revised Code;	63

(p) Peace officer residential and familial information;

64

(q) In the case of a county hospital operated pursuant to	65
Chapter 339. of the Revised Code, information that constitutes a	66
trade secret, as defined in section 1333.61 of the Revised Code;	67

(r) Information pertaining to the recreational activities of	68
a person under the age of eighteen;	69

(s) Records provided to, statements made by review board	70
members during meetings of, and all work products of a child	71
fatality review board acting under sections 307.621 to 307.629 of	72
the Revised Code, other than the report prepared pursuant to	73
section 307.626 of the Revised Code;	74

(t) Records provided to and statements made by the executive	75
director of a public children services agency or a prosecuting	76
attorney acting pursuant to section 5153.171 of the Revised Code	77
other than the information released under that section;	78

(u) Test materials, examinations, or evaluation tools used	79
in an examination for licensure as a nursing home administrator	80
that the board of examiners of nursing home administrators	81
administers under section 4751.04 of the Revised Code or contracts	82
under that section with a private or government entity to	83
administer;	84

(v) Records the release of which is prohibited by state or	85
federal law.	86

(2) "Confidential law enforcement investigatory record"	87
means any record that pertains to a law enforcement matter of a	88
criminal, quasi-criminal, civil, or administrative nature, but	89
only to the extent that the release of the record would create a	90
high probability of disclosure of any of the following:	91

(a) The identity of a suspect who has not been charged with	92
the offense to which the record pertains, or of an information	93
source or witness to whom confidentiality has been reasonably	94
promised;	95

(b) Information provided by an information source or witness	96
to whom confidentiality has been reasonably promised, which	97
information would reasonably tend to disclose the source's or	98
witness's identity;	99

(c) Specific confidential investigatory techniques or	100
procedures or specific investigatory work product;	101

(d) Information that would endanger the life or physical	102
safety of law enforcement personnel, a crime victim, a witness, or	103
a confidential information source.	104

(3) "Medical record" means any document or combination of	105
documents, except births, deaths, and the fact of admission to or	106
discharge from a hospital, that pertains to the medical history,	107
diagnosis, prognosis, or medical condition of a patient and that	108
is generated and maintained in the process of medical treatment.	109

(4) "Trial preparation record" means any record that	110
contains information that is specifically compiled in reasonable	111
anticipation of, or in defense of, a civil or criminal action or	112
proceeding, including the independent thought processes and	113
personal trial preparation of an attorney.	114

(5) "Intellectual property record" means a record, other	115
than a financial or administrative record, that is produced or	116
collected by or for faculty or staff of a state institution of	117
higher learning in the conduct of or as a result of study or	118
research on an educational, commercial, scientific, artistic,	119
technical, or scholarly issue, regardless of whether the study or	120
research was sponsored by the institution alone or in conjunction	121
with a governmental body or private concern, and that has not been	122
publicly released, published, or patented.	123

(6) "Donor profile record" means all records about donors or	124
potential donors to a public institution of higher education	125
except the names and reported addresses of the actual donors and	126
the date, amount, and conditions of the actual donation.	127

(7) "Peace officer residential and familial information"	128
means either of the following:	129

(a) Any information maintained in a personnel record of a	130
peace officer that discloses any of the following:	131

(i) The address of the actual personal residence of a peace	132
officer, except for the state or political subdivision in which	133
the peace officer resides;	134

(ii) Information compiled from referral to or participation	135
in an employee assistance program;	136

(iii) The social security number, the residential telephone	137
number, any bank account, debit card, charge card, or credit card	138
number, or the emergency telephone number of, or any medical	139
information pertaining to, a peace officer;	140

(iv) The name of any beneficiary of employment benefits,	141
including, but not limited to, life insurance benefits, provided	142
to a peace officer by the peace officer's employer;	143

(v) The identity and amount of any charitable or employment	144
benefit deduction made by the peace officer's employer from the	145
peace officer's compensation unless the amount of the deduction is	146
required by state or federal law;	147

(vi) The name, the residential address, the name of the	148
employer, the address of the employer, the social security number,	149
the residential telephone number, any bank account, debit card,	150
charge card, or credit card number, or the emergency telephone	151
number of the spouse, a former spouse, or any child of a peace	152
officer.	153

(b) Any record that identifies a person's occupation as a	154
peace officer other than statements required to include the	155
disclosure of that fact under the campaign finance law.	156

As used in divisions (A)(7) and (B)(5) of this section,	157
"peace officer" has the same meaning as in section 109.71 of the	158
Revised Code and also includes the superintendent and troopers of	159
the state highway patrol; it does not include the sheriff of a	160
county or a supervisory employee who, in the absence of the	161
sheriff, is authorized to stand in for, exercise the authority of,	162
and perform the duties of the sheriff.	163

(8) "Information pertaining to the recreational activities	164
of a person under the age of eighteen" means information that is	165
kept in the ordinary course of business by a public office, that	166
pertains to the recreational activities of a person under the age	167
of eighteen years, and that discloses any of the following:	168

(a) The address or telephone number of a person under the	169
age of eighteen or the address or telephone number of that	170
person's parent, guardian, custodian, or emergency contact person;	171

(b) The social security number, birth date, or photographic	172
image of a person under the age of eighteen;	173

(c) Any medical record, history, or information pertaining	174
to a person under the age of eighteen;	175

(d) Any additional information sought or required about a	176
person under the age of eighteen for the purpose of allowing that	177
person to participate in any recreational activity conducted or	178
sponsored by a public office or to use or obtain admission	179
privileges to any recreational facility owned or operated by a	180
public office.	181

(B)(1) Subject to division (B)(4) of this section, all	182
public records shall be promptly prepared and made available for	183
inspection to any person at all reasonable times during regular	184
business hours. Subject to division (B)(4) of this section, upon	185
request, a public office or person responsible for public records	186
shall make copies available at cost, within a reasonable period of	187
time. In order to facilitate broader access to public records,	188
public offices shall maintain public records in a manner that they	189
can be made available for inspection in accordance with this	190
division.	191

(2) If any person chooses to obtain a copy of a public	192
record in accordance with division (B)(1) of this section, the	193
public office or person responsible for the public record shall	194
permit that person to choose to have the public record duplicated	195
upon paper, upon the same medium upon which the public office or	196
person responsible for the public record keeps it, or upon any	197
other medium upon which the public office or person responsible	198
for the public record determines that it reasonably can be	199
duplicated as an integral part of the normal operations of the	200
public office or person responsible for the public record. When	201
the person seeking the copy makes a choice under this division,	202
the public office or person responsible for the public record	203
shall provide a copy of it in accordance with the choice made by	204
the person seeking the copy.	205

(3) Upon a request made in accordance with division (B)(1)	206
of this section, a public office or person responsible for public	207
records shall transmit a copy of a public record to any person by	208
United States mail within a reasonable period of time after	209
receiving the request for the copy. The public office or person	210
responsible for the public record may require the person making	211
the request to pay in advance the cost of postage and other	212
supplies used in the mailing.	213

Any public office may adopt a policy and procedures that it	214
will follow in transmitting, within a reasonable period of time	215
after receiving a request, copies of public records by United	216
States mail pursuant to this division. A public office that	217
adopts a policy and procedures under this division shall comply	218
with them in performing its duties under this division.	219

In any policy and procedures adopted under this division, a	220
public office may limit the number of records requested by a	221
person that the office will transmit by United States mail to ten	222
per month, unless the person certifies to the office in writing	223
that the person does not intend to use or forward the requested	224
records, or the information contained in them, for commercial	225
purposes. For purposes of this division, "commercial" shall be	226
narrowly construed and does not include reporting or gathering	227
news, reporting or gathering information to assist citizen	228
oversight or understanding of the operation or activities of	229
government, or nonprofit educational research.	230

(4) A public office or person responsible for public records	231
is not required to permit a person who is incarcerated pursuant to	232
a criminal conviction or a juvenile adjudication to inspect or to	233
obtain a copy of any public record concerning a criminal	234
investigation or prosecution or concerning what would be a	235
criminal investigation or prosecution if the subject of the	236
investigation or prosecution were an adult, unless the request to	237
inspect or to obtain a copy of the record is for the purpose of	238
acquiring information that is subject to release as a public	239
record under this section and the judge who imposed the sentence	240
or made the adjudication with respect to the person, or the	241
judge's successor in office, finds that the information sought in	242
the public record is necessary to support what appears to be a	243
justiciable claim of the person.	244

(5) Upon written request made and signed by a journalist on	245
or after December 16, 1999, a public office, or person responsible	246
for public records, having custody of the records of the agency	247
employing a specified peace officer shall disclose to the	248
journalist the address of the actual personal residence of the	249
peace officer and, if the peace officer's spouse, former spouse,	250
or child is employed by a public office, the name and address of	251
the employer of the peace officer's spouse, former spouse, or	252
child. The request shall include the journalist's name and title	253
and the name and address of the journalist's employer and shall	254
state that disclosure of the information sought would be in the	255
public interest.	256

As used in division (B)(5) of this section, "journalist"	257
means a person engaged in, connected with, or employed by any news	258
medium, including a newspaper, magazine, press association, news	259
agency, or wire service, a radio or television station, or a	260
similar medium, for the purpose of gathering, processing,	261
transmitting, compiling, editing, or disseminating information for	262
the general public.	263

(C) If a person allegedly is aggrieved by the failure of a	264
public office to promptly prepare a public record and to make it	265
available to the person for inspection in accordance with division	266
(B) of this section, or if a person who has requested a copy of a	267
public record allegedly is aggrieved by the failure of a public	268
office or the person responsible for the public record to make a	269
copy available to the person allegedly aggrieved in accordance	270
with division (B) of this section, the person allegedly aggrieved	271
may commence a mandamus action to obtain a judgment that orders	272
the public office or the person responsible for the public record	273
to comply with division (B) of this section and that awards	274
reasonable attorney's fees to the person that instituted the	275
mandamus action. The mandamus action may be commenced in the	276
court of common pleas of the county in which division (B) of this	277
section allegedly was not complied with, in the supreme court	278
pursuant to its original jurisdiction under Section 2 of Article	279
IV, Ohio Constitution, or in the court of appeals for the	280
appellate district in which division (B) of this section allegedly	281
was not complied with pursuant to its original jurisdiction under	282
Section 3 of Article IV, Ohio Constitution.	283

(D) Chapter 1347. of the Revised Code does not limit the	284
provisions of this section.	285

(E)(1) The bureau of motor vehicles may adopt rules pursuant	286
to Chapter 119. of the Revised Code to reasonably limit the number	287
of bulk commercial special extraction requests made by a person	288
for the same records or for updated records during a calendar	289
year. The rules may include provisions for charges to be made for	290
bulk commercial special extraction requests for the actual cost of	291
the bureau, plus special extraction costs, plus ten per cent. The	292
bureau may charge for expenses for redacting information, the	293
release of which is prohibited by law.	294

(2) As used in divisions (B)(3) and (E)(1) of this section:

295

(a) "Actual cost" means the cost of depleted supplies,	296
records storage media costs, actual mailing and alternative	297
delivery costs, or other transmitting costs, and any direct	298
equipment operating and maintenance costs, including actual costs	299
paid to private contractors for copying services.	300

(b) "Bulk commercial special extraction request" means a	301
request for copies of a record for information in a format other	302
than the format already available, or information that cannot be	303
extracted without examination of all items in a records series,	304
class of records, or data base by a person who intends to use or	305
forward the copies for surveys, marketing, solicitation, or resale	306
for commercial purposes. "Bulk commercial special extraction	307
request" does not include a request by a person who gives	308
assurance to the bureau that the person making the request does	309
not intend to use or forward the requested copies for surveys,	310
marketing, solicitation, or resale for commercial purposes.	311

(c) "Commercial" means profit-seeking production, buying, or	312
selling of any good, service, or other product.	313

(d) "Special extraction costs" means the cost of the time	314
spent by the lowest paid employee competent to perform the task,	315
the actual amount paid to outside private contractors employed by	316
the bureau, or the actual cost incurred to create computer	317
programs to make the special extraction. "Special extraction	318
costs" include any charges paid to a public agency for computer or	319
records services.	320

(3) For purposes of divisions (E)(1) and (2) of this	321
section, "commercial surveys, marketing, solicitation, or resale"	322
shall be narrowly construed and does not include reporting or	323
gathering news, reporting or gathering information to assist	324
citizen oversight or understanding of the operation or activities	325
of government, or nonprofit educational research.	326

(F) The governing authority of any for profit community	327
school established under Chapter 3314. of the Revised Code shall	328
not be subject to this section; however, the sponsor of such	329
school shall be subject to this section and any public records	330
relating to the community school maintained by that sponsor shall	331
be subject to disclosure pursuant to this section.	332

Sec. 3313.537. No city, local, or exempted village school	333
district shall prohibit the participation of any student enrolled	334
in a community school under Chapter 3314. of the Revised Code in	335
any extracurricular activity, including interscholastic athletics,	336
offered by a school within the district if the same activity is	337
not offered by the community school.	338

Sec. 3314.014. (A) For the purpose of establishing an	339
additional state-level entity to sponsor and monitor community	340
schools, there is hereby created the state board of community	341
schools, composed of seven members appointed by the governor. The	342
superintendent of public instruction, or the superintendent's	343
designee, shall serve as an ex officio nonvoting member of the	344
board.	345

Members appointed by the governor shall be selected from	346
among persons with an interest in and commitment to education	347
reform with particular interest in fostering the development of	348
community schools. At least one member shall have a background in	349
finance, one member shall have a background in business, one	350
member shall have a background in school design and	351
administration, and one member shall have a background in school	352
assessment and accountability. Of the initial seven members	353
appointed by the governor, one shall be appointed to a one-year	354
term, two shall be appointed to two-year terms, two shall be	355
appointed to three-year terms, one shall be appointed to a	356
four-year term, and one shall be appointed to a five-year term.	357
Thereafter, members shall be appointed to five-year terms,	358
beginning on the first day of July and ending on the thirtieth day	359
of June. Members may be reappointed. Vacancies shall be filled in	360
the same manner as original appointments. Members shall receive no	361
compensation but shall be reimbursed for actual and necessary	362
expenses incurred in the performance of their official duties.	363

(B) The governor shall appoint an initial executive director	364
of the board who shall serve at the pleasure of the board. The	365
board shall appoint any subsequent executive director who shall	366
serve at the pleasure of the board. The director shall be	367
supportive of efforts to ensure a wide range of educational	368
options for Ohio students.	369

(C) The board is a body corporate and politic, an agency	370
of state government and an instrumentality of the state,	371
performing essential governmental functions of the state. The	372
carrying out of the purposes and the exercise by the board of its	373
powers conferred under this chapter are essential public functions	374
and public purposes of the state. The board may, in its own name,	375
sue and be sued, enter into contracts, and perform all the powers	376
and duties granted to the board under this chapter, but it does	377
not have and shall not exercise the power of eminent domain.	378

The attorney general shall serve as the legal representative	379
for the board and may appoint other counsel as necessary for that	380
purpose in accordance with section 109.07 of the Revised Code.	381

(D) The general assembly shall provide funding for the	382
operation of the board.	383

(E) The board shall do all of the following:

384

(1) Enter into, renew, and revoke community school	385
contracts under section 3314.02 of the Revised Code;	386

(2) Employ and establish the compensation of the executive	387
director and such clerical and administrative staff as needed;	388

(3) Monitor and evaluate the academic programs, operational	389
performance, and legal compliance of community schools with which	390
the commission has contracted;	391

(4) Establish rules for carrying out its duties in	392
accordance with section 111.15 of the Revised Code;	393

(5) Issue an annual report regarding the board's activities	394
to the governor, the speaker of the house of representatives, the	395
president of the senate, and the chairpersons of house and senate	396
committees principally responsible for education matters;	397

(6) Make legislative recommendations to the general	398
assembly designed to enhance the operation and performance of	399
community schools and the innovative nature, effectiveness,	400
accountability, and fiscal soundness of those schools as	401
authorized under this chapter;	402

(7) Receive and accept any gifts, grants, pledges, or	403
donations to be used for the furtherance of any duty of the board;	404

(8) Establish a timetable for the department of education to	405
make payments to community schools in the amounts specified by	406
section 3314.08 of the Revised Code, except that if the department	407
has good cause not to make a payment to one or more schools by a	408
date established by the board, the department may request the	409
board to alter the timetable for such good cause.	410

(F) Notwithstanding section 101.83 of the Revised Code, that	411
section does not apply to the state board of community schools.	412

Sec. 3314.02.  (A) As used in this chapter:

413

(1) "Sponsor" means a public entity listed in division (C)(1)	414
of this section with which the governing authority of the proposed	415
community school enters into a contract pursuant to this section.	416

(2) "Pilot project area" means the school districts included	417
in the territory of the former community school pilot project	418
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	419
the 122nd general assembly.	420

(3) "Challenged school district" means any of the following:

421

(a) A school district that is part of the pilot project	422
area;	423

(b) A school district that is in a state of academic	424
emergency or academic watch under section 3302.03 of the Revised	425
Code;	426

(c) A big eight school district;

427

(d) An urban school district.

428

(4) "Big eight school district" means a school district that	429
for fiscal year 1997 had both of the following:	430

(a) A percentage of children residing in the district and	431
participating in the predecessor of Ohio works first greater than	432
thirty per cent, as reported pursuant to section 3317.10 of the	433
Revised Code;	434

(b) An average daily membership greater than twelve	435
thousand, as reported pursuant to former division (A) of section	436
3317.03 of the Revised Code.	437

(5) "New start-up school" means a community school other than	438
one created by converting all or part of an existing public	439
school, as designated in the school's contract pursuant to	440
division (A)(17) of section 3314.03 of the Revised Code.	441

(6) "Urban school district" means one of the state's	442
twenty-one urban school districts as defined in division (O) of	443
section 3317.02 of the Revised Code as that section existed prior	444
to July 1, 1998.	445

(B) Any person or group of individuals may initially propose	446
under this division the conversion of all or a portion of a public	447
school to a community school. The proposal shall be made to the	448
board of education of the city, local, or exempted village school	449
district in which the public school is proposed to be converted.	450
Upon receipt of a proposal, a board may enter into a preliminary	451
agreement with the person or group proposing the conversion of the	452
public school, indicating the intention of the board of education	453
to support the conversion to a community school. A proposing	454
person or group that has a preliminary agreement under this	455
division may proceed to finalize plans for the school, establish a	456
governing authority for the school, and negotiate a contract with	457
the board of education. Provided the proposing person or group	458
adheres to the preliminary agreement and all provisions of this	459
chapter, the board of education shall negotiate in good faith to	460
enter into a contract in accordance with section 3314.03 of the	461
Revised Code and division (C) of this section.	462

(C)(1) Any person or group of individuals may propose under	463
this division the establishment of a new start-up school to be	464
located in a challenged school district. The proposal may be made	465
to any of the following public entities:	466

(a) The board of education of the district in which the	467
school is proposed to be located;	468

(b) The board of education of any joint vocational school	469
district with territory in the county in which is located the	470
majority of the territory of the district in which the school is	471
proposed to be located;	472

(c) The board of education of any other city, local, or	473
exempted village school district having territory in the same	474
county where the district in which the school is proposed to be	475
located has the major portion of its territory;	476

(d) The state board of education;

477

(e) If the school is proposed to be located in the pilot	478
project area, the governing board of the educational service	479
center serving the county containing the majority of the territory	480
of the pilot project area;	481

(f) If the school is proposed to be located in the pilot	482
project area, aA sponsoring authority designated by the board of	483
trustees of a state university located in the pilot project area,	484
any of the thirteen state-supported universities listed in section	485
3345.011 of the Revised Code or the board of trustees itself;	486

(g) The state board of community schools created by section	487
3314.014 of the Revised Code.	488

The public entity may enter into a preliminary agreement	489
pursuant to division (C)(2) of this section with the proposing	490
person or group.	491

(2) A preliminary agreement indicates the intention of a	492
public entity described in division (C)(1) of this section to	493
sponsor the community school. A proposing person or group that	494
has such a preliminary agreement may proceed to finalize plans for	495
the school, establish a governing authority for the school, and	496
negotiate a contract with the public entity. Provided the	497
proposing person or group adheres to the preliminary agreement and	498
all provisions of this chapter, the public entity shall negotiate	499
in good faith to enter into a contract in accordance with section	500
3314.03 of the Revised Code.	501

(3) A new start-up school that is established in a school	502
district while that district is in a state of academic emergency	503
or academic watch under section 3302.03 of the Revised Code may	504
continue in existence once the school district is no longer in a	505
state of academic emergency or watch, provided there is a valid	506
contract between the school and a sponsor.	507

(D) A majority vote of the board of a sponsoring school	508
district boardentity and a majority vote of the members of the	509
governing authority of a community school shall be required to	510
adopt a contract and convert the public school to a community	511
school or establish the new start-up school. An unlimited number	512
of community schools may be established in any school district	513
provided that a contract is entered into for each community school	514
pursuant to this chapter.	515

Sec. 3314.022. The governing authority of any community	516
school established under this chapter may contract with the	517
governing authority of another community school, the board of	518
education of a school district, or the administrative authority of	519
a nonpublic school for provision of services for any disabled	520
student enrolled at the school. Any school district board of	521
education shall negotiate with a community school governing	522
authority that seeks to contract for the provision of services for	523
a disabled student under this section in the same manner as it	524
would with the board of education of another school district that	525
seeks to contract for such services.	526

Sec. 3314.03.  (A) Each contract entered into under section	527
3314.02 of the Revised Code between a sponsor and the governing	528
authority of a community school shall specify the following:	529

(1) That the school shall beeither:

530

(a) Be established as a nonprofit corporation established	531
under Chapter 1702. of the Revised Code;	532

(b) Be established as a for profit entity provided that the	533
governing authority first posts a bond payable to the state in an	534
amount equal to one per cent of the entity's gross revenue during	535
the tax year that ended prior to the year the contract between the	536
school's sponsor and the governing authority is executed. If the	537
entity was not in business for an entire tax year prior to the	538
year the contract is executed, the governing authority shall post	539
a bond in an amount of at least one million dollars. Any bond	540
posted under this division shall be used to cover any repayment of	541
moneys that the school may owe to the state in the event that the	542
school closes prior to the end of any fiscal year.	543

(2) The education program of the school, including the	544
school's mission, the characteristics of the students the school	545
is expected to attract, the ages and grades of students, and the	546
focus of the curriculum;	547

(3) The academic goals to be achieved and the method of	548
measurement that will be used to determine progress toward those	549
goals, which shall include the statewide achievement tests;	550

(4) Performance standards by which the success of the school	551
will be evaluated by the sponsor;	552

(5) The admission standards of section 3314.06 of the	553
Revised Code;	554

(6) Dismissal procedures;

555

(7) The ways by which the school will achieve racial and	556
ethnic balance reflective of the community it serves;	557

(8) Requirements and procedures for financial audits by the	558
auditor of state. The contract shall require financial records of	559
the school to be maintained in the same manner as are financial	560
records of school districts, pursuant to rules of the auditor of	561
state, and the audits shall be conducted in accordance with	562
section 117.10 of the Revised Code.	563

(9) The facilities to be used and their locations;

564

(10) Qualifications of teachers, including a requirement	565
that the school's classroom teachers be licensed in accordance	566
with sections 3319.22 to 3319.31 of the Revised Code, except that	567
a community school may engage noncertificated persons to teach up	568
to twelve hours per week pursuant to section 3319.301which shall	569
be in conformance with section 3314.031 of the Revised Code;	570

(11) That the school will comply with the following	571
requirements:	572

(a) The school will provide learning opportunities to a	573
minimum of twenty-five students for a minimum of nine hundred	574
twenty hours per school year;	575

(b) The governing authority will purchase liability	576
insurance, or otherwise provide for the potential liability of the	577
school;	578

(c) The school will be nonsectarian in its programs,	579
admission policies, employment practices, and all other	580
operations, and will not be operated by a sectarian school or	581
religious institution;	582

(d) The school will comply with divisions (A), (B), and (C)	583
of section 3301.0715 and sections 9.90, 9.91, 109.65, 121.22,	584
149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	585
3301.0712, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661,	586
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	587
3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17,	588
and 4113.52 and Chapters 117., 1347., 2744., 3365., 4112., 4123.,	589
4141., and 4167. of the Revised Code as if it were a school	590
district and will comply with section 3301.0714 of the Revised	591
Code in the manner specified in section 3314.17 of the Revised	592
Code;	593

(e) The school shall comply with Chapter 102. of the Revised	594
Code except that nothing in that chapter shall prohibit a member	595
of the school's governing board from also being an employee of the	596
school and nothing in that chapter or section 2921.42 of the	597
Revised Code shall prohibit a member of the school's governing	598
board from having an interest in a contract into which the	599
governing board enters;	600

(f) The school will comply with sections 3313.61, 3313.611,	601
and 3313.614 of the Revised Code, except that the requirement in	602
sections 3313.61 and 3313.611 of the Revised Code that a person	603
must successfully complete the curriculum in any high school prior	604
to receiving a high school diploma may be met by completing the	605
curriculum adopted by the governing authority of the community	606
school rather than the curriculum specified in Title XXXIII of the	607
Revised Code or any rules of the state board of education;	608

(g) The school governing authority will submit an annual	609
report of its activities and progress in meeting the goals and	610
standards of divisions (A)(3) and (4) of this section and its	611
financial status to the sponsor, the parents of all students	612
enrolled in the school, and the legislative office of education	613
oversight. The school will collect and provide any data that the	614
legislative office of education oversight requests in furtherance	615
of any study or research that the general assembly requires the	616
office to conduct, including the studies required under Section	617
50.39 of Am. Sub. H.B. 215 of the 122nd general assembly and	618
Section 50.52.2 of Am. Sub. H.B. 215 of the 122nd general	619
assembly, as amended.	620

(12) Arrangements for providing health and other benefits to	621
employees;	622

(13) The length of the contract, which shall begin at the	623
beginning of an academic year and shall not exceed five years;	624

(14) The governing authority of the school, which shall be	625
responsible for carrying out the provisions of the contract;	626

(15) A financial plan detailing an estimated school budget	627
for each year of the period of the contract and specifying the	628
total estimated per pupil expenditure amount for each such year.	629
The plan shall specify for each year the base formula amount that	630
will be used for purposes of funding calculations under section	631
3314.08 of the Revised Code. This base formula amount for any	632
year shall not exceed the formula amount defined under section	633
3317.02 of the Revised Code. The plan may also specify for any	634
year a percentage figure to be used for reducing the per pupil	635
amount of disadvantaged pupil impact aid calculated pursuant to	636
section 3317.029 of the Revised Code the school is to receive that	637
year under section 3314.08 of the Revised Code.	638

(16) Requirements and procedures regarding the disposition	639
of employees of the school in the event the contract is terminated	640
or not renewed pursuant to section 3314.07 of the Revised Code;	641

(17) Whether the school is to be created by converting all	642
or part of an existing public school or is to be a new start-up	643
school, and if it is a converted public school, specification of	644
any duties or responsibilities of an employer that the board of	645
education that operated the school before conversion is delegating	646
to the governing board of the community school with respect to all	647
or any specified group of employees provided the delegation is not	648
prohibited by a collective bargaining agreement applicable to such	649
employees;	650

(18) Provisions establishing procedures for resolving	651
disputes or differences of opinion between the sponsor and the	652
governing authority of the community school;	653

(19) A provision requiring the governing authority to adopt	654
a policy regarding the admission of students who reside outside	655
the district in which the school is located. That policy shall	656
comply with the admissions procedures specified in section 3314.06	657
of the Revised Code and, at the sole discretion of the authority,	658
shall do one of the following:	659

(a) Prohibit the enrollment of students who reside outside	660
the district in which the school is located;	661

(b) Permit the enrollment of students who reside in	662
districts adjacent to the district in which the school is located;	663

(c) Permit the enrollment of students who reside in any	664
other district in the state.	665

(B) The community school shall also submit to the sponsor a	666
comprehensive plan for the school. The plan shall specify the	667
following:	668

(1) The process by which the governing authority of the	669
school will be selected in the future;	670

(2) The management and administration of the school;

671

(3) If the community school is a currently existing public	672
school, alternative arrangements for current public school	673
students who choose not to attend the school and teachers who	674
choose not to teach in the school after conversion;	675

(4) The instructional program and educational philosophy of	676
the school;	677

(5) Internal financial controls.

678

(C) A contract entered into under section 3314.02 of the	679
Revised Code between a sponsor and the governing authority of a	680
community school may provide for the community school governing	681
authority to make payments to the sponsor, which is hereby	682
authorized to receive such payments as set forth in the contract	683
between the governing authority and the sponsor.	684

Sec. 3314.031. A community school established under this	685
chapter shall employ as teachers only persons who meet at least	686
one of the following conditions:	687

(A) The person is licensed in accordance with sections	688
3319.22 to 3319.31 of the Revised Code.	689

(B) The person holds a permit issued under section 3319.301	690
of the Revised Code and the person teaches for not more than	691
twelve hours per week.	692

(C) The person holds a bachelor's degree and the employing	693
school provides a mentoring program for that person for one year	694
in the same manner as required for persons with an alternative	695
educator license under rule 3301-24-10 of the Administrative	696
Code. If a person is employed by a single community school for	697
one year in complete conformance with this division, that person	698
may thereafter teach in any community school in the state without	699
any further licensing or mentorship requirement. The office of	700
community school options established under section 3314.11 of the	701
Revised Code shall establish and maintain a registry of persons	702
employed under this division.	703

Sec. 3314.06.  The governing authority of each community	704
school established under this chapter shall adopt admission	705
procedures that specify the following:	706

(A) That except as otherwise provided in this section,	707
admission to the school shall be open to any individual age five	708
to twenty-two entitled to attend school pursuant to section	709
3313.64 or 3313.65 of the Revised Code in a school district in the	710
state.	711

(B) That admission to the school may be limited to students	712
who have attained a specific grade level or are within a specific	713
age group; to students that meet a definition of "at-risk," as	714
defined in the contract; or to residents of a specific geographic	715
area within the district, as defined in the contract.	716

(C) Whether enrollment is limited to students who reside in	717
the district in which the school is located or is open to	718
residents of other districts, as provided in the policy adopted	719
pursuant to the contract.	720

(D) That there will be no discrimination in the admission of	721
students to the school on the basis of race, creed, color,	722
handicapping condition, or sex, except that the governing	723
authority may establish a single-gender school for the purpose	724
described in division (G) of this section; and that, upon	725
admission of any handicapped student, the community school will	726
comply with all federal and state laws regarding the education of	727
handicapped students.	728

(E) That the school may not limit admission to students on	729
the basis of intellectual ability, measures of achievement or	730
aptitude, or athletic ability.	731

(F) That the community school will admit the number of	732
students that does not exceed the capacity of the school's	733
programs, classes, grade levels, or facilities.	734

(G) That the purpose of any single-gender school that is	735
established shall be to take advantage of the academic benefits	736
some students realize from single-gender instruction and	737
facilities and to offer students and parents residing in the	738
district the option of a single-gender education.	739

(H) That, except as otherwise provided under division (B) of	740
this section, if the number of applicants exceeds the capacity	741
restrictions of division (F) of this section, students shall be	742
admitted by lot from all those submitting applications, except	743
preference shall be given to students attending the school the	744
previous year and to students who reside in the district in which	745
the school is located. Preference may be given to siblings of	746
students attending the school the previous year.	747

Notwithstanding divisions (A) through (G)(H) of this section,	748
in the event the racial composition of the enrollment of the	749
community school is violative of a federal desegregation order,	750
the community school shall take any and all corrective measures to	751
comply with the desegregation order.	752

Sec. 3314.07.  (A) The expiration of the contract for a	753
community school between a sponsor and a school shall be the date	754
provided in the contract. A successor contract may be entered	755
into unless the contract is terminated or not renewed pursuant to	756
this section.	757

(B)(1) A sponsor may choose not to renew a contract at its	758
expiration or may choose to terminate a contract prior to its	759
expiration for any of the following reasons:	760

(a) Failure to meet student performance requirements stated	761
in the contract;	762

(b) Failure to meet generally accepted standards of fiscal	763
management;	764

(c) Violation of any provision of the contract or applicable	765
state or federal law;	766

(d) Other good cause.

767

(2) A sponsor may choose to terminate a contract prior to its	768
expiration if the sponsor has suspended the operation of the	769
contract under section 3314.072 of the Revised CodeA termination	770
of a contract under this section shall be effective only at the	771
conclusion of a school year.	772

(3) At least ninetyone hundred eighty days prior to the	773
termination or nonrenewal of a contract, the sponsor shall notify	774
the school of the proposed action in writing. The notice shall	775
include the reasons for the proposed action in detail, the	776
effective date of the termination or nonrenewal, and a statement	777
that the school may, within fourteen days of receiving the notice,	778
request an informal hearing before the sponsor. Such request must	779
be in writing. The informal hearing shall be held within seventy	780
days of the receipt of a request for the hearing. Promptly	781
followingFollowing the informal hearing, the sponsor shall issue	782
a written decision either affirming or rescinding the decision to	783
terminate or not renew the contract.	784

(4) A decision by the sponsor to terminate a contract may be	785
appealed to the state board of education. The decision by the	786
state board pertaining to an appeal under this division is final.	787
If the sponsor is the state board, its decision to terminate a	788
contract under division (B)(4)(3) of this section shall be final.	789

(5) The termination of a contract under this section shall	790
be effective upon the occurrence of the later of the following	791
events:	792

(a) Ninety days following the date the sponsor notifies the	793
school of its decision to terminate the contract as prescribed in	794
division (B)(3) of this section;	795

(b) If an informal hearing is requested under division	796
(B)(3) of this section and as a result of that hearing the sponsor	797
affirms its decision to terminate the contract, the effective date	798
of the termination specified in the notice issued under division	799
(B)(3) of this section, or if that decision is appealed to the	800
state board under division (B)(4) of this section and the state	801
board affirms that decision, the date established in the	802
resolution of the state board affirming the sponsor's decision.	803

(C) A child attending a community school whose contract has	804
been terminated, nonrenewed, or suspended or that closes for any	805
reason shall be admitted to the schools of the district in which	806
the child is entitled to attend under section 3313.64 or 3313.65	807
of the Revised Code. Any deadlines established for the purpose of	808
admitting students under section 3313.97 or 3313.98 shall be	809
waived for students to whom this division pertains.	810

(D) A sponsor of a community school and the officers,	811
directors, or employees of such a sponsor are not liable in	812
damages in a tort or other civil action for harm allegedly arising	813
from either of the following:	814

(1) A failure of the community school or any of its	815
officers, directors, or employees to perform any statutory or	816
common law duty or responsibility or any other legal obligation;	817

(2) An action or omission of the community school or any of	818
its officers, directors, or employees that results in harm.	819

(E) As used in this section:

820

(1) "Harm" means injury, death, or loss to person or	821
property.	822

(2) "Tort action" means a civil action for damages for	823
injury, death, or loss to person or property other than a civil	824
action for damages for a breach of contract or another agreement	825
between persons.	826

Sec. 3314.072. The provisions of this section are enacted to	827
promote the public health, safety, and welfare by establishing	828
procedures under which the governing authorities of community	829
schools established under this chapter will be held accountable	830
for their compliance with the terms of the contracts they enter	831
into with their school's sponsors and the law relating to the	832
school's operation. Suspension of the operation of a school	833
imposed under this section is intended to encourage the governing	834
authority's compliance with the terms of the school's contract and	835
the law and is not intended to be an alteration of the terms of	836
that contract.	837

(A) If a sponsor of a community school established under	838
this chapter suspends the operation of that school pursuant to	839
procedures set forth in this section, the governing authority	840
shall not operate that school while the suspension is in effect.	841
Any such suspension shall remain in effect until the sponsor	842
notifies the governing authority that it is no longer in effect.	843
The contract of a school of which operation is suspended under	844
this section also may be subject to termination or nonrenewal	845
under section 3314.07 of the Revised Code.	846

(B) If at any time the sponsor of a community school	847
established under this chapter determines that conditions at the	848
school do not comply with a health and safety standard established	849
by law for school buildings, the sponsor shall immediately suspend	850
the operation of the school pursuant to procedures set forth in	851
division (D) of this section.	852

(C)(1) For any of the reasons prescribed in division	853
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	854
sponsor of a community school established under this chapter may	855
suspend the operation of the school only if it first issues to the	856
governing authority notice of the sponsor's intent to suspend the	857
operation of the contract. Such notice shall explain the reasons	858
for the sponsor's intent to suspend operation of the contract and	859
shall provide the school's governing authority with five business	860
days to submit to the sponsor a proposal to remedy the conditions	861
cited as reasons for the suspension.	862

(2) The sponsor shall promptly review any proposed remedy	863
timely submitted by the governing authority and either approve or	864
disapprove the remedy. If the sponsor disapproves the remedy	865
proposed by the governing authority, if the governing authority	866
fails to submit a proposed remedy in the manner prescribed by the	867
sponsor, or if the governing authority fails to implement the	868
remedy as approved by the sponsor, the sponsor may suspend	869
operation of the school pursuant to procedures set forth in	870
division (D) of this section.	871

(D)(1) If division (B) of this section applies or if the	872
sponsor of a community school established under this chapter	873
decides to suspend the operation of a school as permitted in	874
division (C)(2) of this section, the sponsor shall promptly send	875
written notice to the governing authority stating that the	876
operation of the school is immediately suspended, and explaining	877
the specific reasons for the suspension. The notice shall state	878
that the governing authority has five business days to submit a	879
proposed remedy to the conditions cited as reasons for the	880
suspension or face potential contract termination.	881

(2) Upon receipt of the notice of suspension prescribed	882
under division (D)(1) of this section, the governing authority	883
shall immediately notify the employees of the school and the	884
parents of the students enrolled in the school of the suspension	885
and the reasons therefore, and shall cease all school operations	886
on the next business day.	887

Sec. 3314.081. To the extent permitted by federal law, the	888
department of education shall include community schools	889
established under this chapter in its annual allocation of federal	890
moneys under Title I of the Elementary and Secondary Education Act	891
of 1965, 20 U.S.C. 6301, et seq.	892

Sec. 3314.09.  (A) As used in this section and section	893
3314.091 of the Revised Code, "native student" means a student	894
entitled to attend school in the school district under section	895
3313.64 or 3313.65 of the Revised Code.	896

(B) Except as provided in section 3314.091 of the Revised	897
Code, the board of education of each city, local, and exempted	898
village school district shall provide transportation to and from	899
school for its district's native students enrolled in a community	900
school located in that district or another district on the same	901
basis that it provides transportation for its native students	902
enrolled in schools to which they are assigned by the board of	903
education at the same grade level and who live the same distance	904
from school except when, in the judgment of the board, confirmed	905
by the state board of education, the transportation is unnecessary	906
or unreasonable. A board shall not be required to transport	907
nonhandicapped students to and from a community school located in	908
another school district if the transportation would require more	909
than thirty minutes of direct travel time as measured by school	910
bus from the collection point designated by the district's	911
coordinator of school transportation.	912

(C) Where it is impractical to transport a pupil to and from	913
a community school by school conveyance, a board may, in lieu of	914
providing the transportation, pay a parent, guardian, or other	915
person in charge of the child. The amount paid per pupil shall in	916
no event exceed the average transportation cost per pupil, which	917
shall be based on the cost of transportation of children by all	918
boards of education in this state during the next preceding year.	919

(D) The daily and annual instructional schedules of a	920
community school and admission policies of such school as	921
established under section 3314.06 of the Revised Code are the sole	922
responsibility of the community school's governing authority, and	923
are subject only to the requirements of this chapter and the	924
governing authority's contract with its sponsor. Each school	925
district board of education that is required to provide	926
transportation for community school students under this section	927
shall provide the transportation in accordance with those	928
schedules and policies so that students may be present on time and	929
at all times that the community school is open for instruction.	930

Sec. 3314.091.  (A) A school district is not required to	931
provide transportation for any native student enrolled in a	932
community school if the district board of education has entered	933
into an agreement with the community school's governing authority	934
that designates the community school as responsible for providing	935
or arranging for the transportation of the district's native	936
students to and from the community school. For any such agreement	937
to be effective, it must be certified by the superintendent of	938
public instructionsponsor of the community school as having met	939
both of the following requirements:	940

(1) It is submitted to the department of educationsponsor	941
by a deadline which shall be established by the department	942
sponsor.	943

(2) It specifies qualifications, such as residing a minimum	944
distance from the school, for students to have their	945
transportation provided or arranged.	946

(B)(1) A community school governing boardauthority that	947
enters into an agreement to provide transportation under this	948
section shall provide or arrange transportation free of any charge	949
for each of its enrolled students in grades kindergarten through	950
eight who live more than two miles from the school, except that	951
the governing board may make a payment in lieu of providing	952
transportation to the parent, guardian, or person in charge of the	953
student at the same rate as specified for a school district board	954
in division (C) of section 3314.09 of the Revised Codeexcept that	955
if the drive time measured by the vehicle specified by the school	956
for transporting the studentssuch a student from the student's	957
residence to the school is more than thirty minutes, the governing	958
authority in lieu of providing or arranging such transportation	959
may either:	960

(a) Charge the student's parent, guardian, or person in	961
charge of the student a fee for the transportation service up to	962
the actual cost of the service less any amount received by the	963
school for transporting that student under division (C) of this	964
section; or	965

(b) Make a payment for that student to the student's parent,	966
guardian, or person in charge of the student at the same rate as	967
specified for a school district board in division (C) of section	968
3314.09 of the Revised Code. The	969

The governing boardauthority may provide or arrange	970
transportation for any other enrolled student and may charge a fee	971
for such service up to the actual cost of the service less any	972
amount received by the school for transporting that student under	973
division (C) of this section. The governing boardauthority may	974
request the payment specified under division (C) of this section	975
for any student it transports, for whom it arranges	976
transportation, or for whom it makes a payment in lieu of	977
providing transportation if the student lives more than one mile	978
from the community school or is disabled and the individual	979
education program requires transportation.	980

(2) Notwithstanding anything to the contrary in division	981
(B)(1) of this section, a community school governing board	982
authority shall provide or arrange transportation free of any	983
charge for any disabled student enrolled in the school for whom	984
the student's individualized education program developed under	985
Chapter 3323. of the Revised Code specifies transportation.	986

(C)(1) If a school district board and a community school	987
governing authority elect to enter into an agreement under this	988
section, the department of education annually shall pay the	989
community school the amount specified in division (C)(2) of this	990
section for each of the enrolled students for whom the school's	991
governing authority provides or arranges transportation to and	992
from school. The department shall deduct the payment from the	993
state payment under Chapter 3317. and, if necessary, sections	994
321.14 and 323.156 of the Revised Code that is otherwise paid to	995
the school district in which the student enrolled in the community	996
school resides. The department shall include the number of the	997
district's native students for whom payment is made to a community	998
school under this division in the calculation of the district's	999
transportation payment under division (D) of section 3317.022 of	1000
the Revised Code.	1001

A community school shall be paid under this division only for	1002
students who live more than one mile from the school or who are	1003
disabled and whose individualized education program requires	1004
transportation and whose transportation to and from school is	1005
actually provided or arranged or for whom a payment in lieu of	1006
transportation is made by the community school's governing	1007
authority. To qualify for the payments, the community school	1008
shall report to the department, in the form and manner required	1009
by the department, data on the number of students transported or	1010
whose transportation is arranged, the number of miles traveled,	1011
cost to transport, and any other information requested by the	1012
department.	1013

A community school shall use payments received under this	1014
division solely to pay the costs of providing or arranging for the	1015
transportation of students who live more than one mile from the	1016
school or who are disabled and whose individualized education	1017
program requires transportation, which may include payments to a	1018
parent, guardian, or other person in charge of a child in lieu of	1019
transportation.	1020

(2) The payment to a community school governing authority	1021
under this section for each student who lives more than one mile	1022
from the school or who is disabled and whose individualized	1023
education program requires transportation and for whom the school	1024
actually provides or arranges transportation or makes a payment in	1025
lieu of providing transportation, shall be made according to the	1026
following schedule:	1027

(a) In fiscal year 2002, four-hundred fifty dollars per	1028
student;	1029

(b) In fiscal year 2003 and every fiscal year thereafter,	1030
the amount specified in division (C)(2)(a) of this section	1031
multiplied by the negative or positive percentage of change	1032
reported in the consumer price index (all urban consumers,	1033
transportation) by the bureau of labor statistics of the United	1034
States department of labor from the beginning of the calendar year	1035
that ended just prior to the beginning of the fiscal year to the	1036
end of that calendar year.	1037

(D) Except when arranged through payment to a parent,	1038
guardian, or person in charge of a child, transportation provided	1039
or arranged for by a community school pursuant to an agreement	1040
under this section is subject to all provisions of the Revised	1041
Code, and all rules adopted under the Revised Code, pertaining to	1042
the construction, design, equipment, and operation of school buses	1043
and other vehicles transporting students to and from school. The	1044
drivers and mechanics of the vehicles are subject to all	1045
provisions of the Revised Code, and all rules adopted under the	1046
Revised Code, pertaining to drivers and mechanics of such	1047
vehicles. The community school also shall comply with sections	1048
3313.201, 3327.09, and 3327.10 and division (B) of section 3327.16	1049
of the Revised Code as if it were a school district. For purposes	1050
of complying with section 3327.10 of the Revised Code, the	1051
educational service center that serves the county in which the	1052
community school is located shall be the certifying agency, unless	1053
the agreement designates the school district as the certifying	1054
agency.	1055

Sec. 3314.13.  (A) As used in this section:

1056

(1) "All-day kindergarten" has the same meaning as in section	1057
3317.029 of the Revised Code.	1058

(2) "Formula amount" has the same meaning as in section	1059
3317.02 of the Revised Code.	1060

(B) The department of education annually shall pay each	1061
community school established under this chapter one-half of the	1062
formula amount for each student to whom both of the following	1063
apply:	1064

(1) The student is entitled to attend school under section	1065
3313.64 or 3313.65 of the Revised Code in a school district that	1066
is eligible to receive a payment under division (D) of section	1067
3317.029 of the Revised Code if it provides all-day kindergarten;	1068

(2) The student is reported by the community school under	1069
division (B)(3) of section 3314.08 of the Revised Code as enrolled	1070
in all-day kindergarten at the community school.	1071

(C) If a student for whom payment is made under division (B)	1072
of this section is entitled to attend school in a district that	1073
receives any payment for all-day kindergarten under division (D)	1074
of section 3317.029 of the Revised Code, the department shall	1075
deduct the payment to the community school under this section from	1076
the amount paid that school district under that division. If that	1077
school district does not receive payment for all-day kindergarten	1078
under that division because it does not provide all-day	1079
kindergarten, the department shall pay the community school from	1080
state funds appropriated generally for disadvantaged pupil impact	1081
aid.	1082

(D) The department shall adjust the amounts deducted from	1083
school districts and paid to community schools under this section	1084
to reflect any enrollments of students in all-day kindergarten in	1085
community schools for less than the equivalent of a full school	1086
year.	1087

Sec. 3314.011.        Sec. 3314.16.  Every community school established	1088
under this chapter shall have a designated fiscal officer. The	1089
auditor of state may require by rule that the fiscal officer of	1090
any community school, before entering upon duties as fiscal	1091
officer of the school, execute a bond in an amount and with surety	1092
to be approved by the governing authority of the school, payable	1093
to the state, conditioned for the faithful performance of all the	1094
official duties required of the fiscal officer. Any such bond	1095
shall be deposited with the governing authority of the school, and	1096
a copy thereof, certified by the governing authority, shall be	1097
filed with the county auditor.	1098

Sec. 3314.17. (A) Each community school established under	1099
this chapter shall participate in the statewide education	1100
management information system established under section 3301.0714	1101
of the Revised Code. All provisions of that section and the	1102
guidelines adopted under that section apply to each community	1103
school as if it were a school district, except as modified for	1104
community schools under division (B) of this section.	1105

(B) The guidelines adopted by the state board of education	1106
under section 3301.0714 of the Revised Code may distinguish	1107
methods and timelines for community schools to annually report	1108
data, which methods and timelines differ from those prescribed for	1109
school districts. Any methods and timelines prescribed for	1110
community schools shall be appropriate to the academic schedule	1111
and financing of community schools. The guidelines, however,	1112
shall not modify the actual data required to be reported under	1113
that section.	1114

(C) Each financial officer appointed under section 3314.16	1115
of the Revised Code is responsible for annually reporting the	1116
community school's data under section 3301.0714 of the Revised	1117
Code. If the superintendent of public instruction determines that	1118
a community school financial officer has willfully failed to	1119
report data or has willfully reported erroneous, inaccurate, or	1120
incomplete data in any year, or has negligently reported	1121
erroneous, inaccurate, or incomplete data in the current and any	1122
previous year, the superintendent may impose a civil penalty of	1123
one hundred dollars on the financial officer after providing the	1124
officer with notice and an opportunity for a hearing in accordance	1125
with Chapter 119. of the Revised Code. The superintendent's	1126
authority to impose civil penalties under this division does not	1127
preclude the state board of education from suspending or revoking	1128
the license of a community school employee under division (N) of	1129
section 3301.0714 of the Revised Code.	1130

Sec. 3317.024.  In addition to the moneys paid to eligible	1131
school districts pursuant to section 3317.022 of the Revised Code,	1132
moneys appropriated for the education programs in divisions (A) to	1133
(H), (J) to (L), (O), (P), and (R) of this section shall be	1134
distributed to school districts meeting the requirements of	1135
section 3317.01 of the Revised Code; in the case of divisions (J)	1136
and (P) of this section, to educational service centers as	1137
provided in section 3317.11 of the Revised Code; in the case of	1138
divisions (E), (M), and (N) of this section, to county MR/DD	1139
boards; in the case of division (R) of this section, to joint	1140
vocational school districts; in the case of division (K) of this	1141
section, to cooperative education school districts; and in the	1142
case of division (Q) of this section, to the institutions defined	1143
under section 3317.082 of the Revised Code providing elementary or	1144
secondary education programs to children other than children	1145
receiving special education under section 3323.091 of the Revised	1146
Code. The following shall be distributed monthly, quarterly, or	1147
annually as may be determined by the state board of education:	1148

(A) A per pupil amount to each school district that	1149
establishes a summer school remediation program that complies with	1150
rules of the state board of education.	1151

(B) An amount for each island school district and each joint	1152
state school district for the operation of each high school and	1153
each elementary school maintained within such district and for	1154
capital improvements for such schools. Such amounts shall be	1155
determined on the basis of standards adopted by the state board of	1156
education.	1157

(C) An amount for each school district operating classes for	1158
children of migrant workers who are unable to be in attendance in	1159
an Ohio school during the entire regular school year. The amounts	1160
shall be determined on the basis of standards adopted by the state	1161
board of education, except that payment shall be made only for	1162
subjects regularly offered by the school district providing the	1163
classes.	1164

(D) An amount for each school district with guidance,	1165
testing, and counseling programs approved by the state board of	1166
education. The amount shall be determined on the basis of	1167
standards adopted by the state board of education.	1168

(E) An amount for the emergency purchaseacquisition of	1169
school buses as provided for in section 3317.07 of the Revised	1170
Code;	1171

(F) An amount for each school district required to pay	1172
tuition for a child in an institution maintained by the department	1173
of youth services pursuant to section 3317.082 of the Revised	1174
Code, provided the child was not included in the calculation of	1175
the district's average daily membership for the preceding school	1176
year.	1177

(G) In fiscal year 2000 only, an amount to each school	1178
district for supplemental salary allowances for each licensed	1179
employee except those licensees serving as superintendents,	1180
assistant superintendents, principals, or assistant principals,	1181
whose term of service in any year is extended beyond the term of	1182
service of regular classroom teachers, as described in section	1183
3301.0725 of the Revised Code;	1184

(H) An amount for adult basic literacy education for each	1185
district participating in programs approved by the state board of	1186
education. The amount shall be determined on the basis of	1187
standards adopted by the state board of education.	1188

(I) Notwithstanding section 3317.01 of the Revised Code, but	1189
only until June 30, 1999, to each city, local, and exempted	1190
village school district, an amount for conducting driver education	1191
courses at high schools for which the state board of education	1192
prescribes minimum standards and to joint vocational and	1193
cooperative education school districts and educational service	1194
centers, an amount for conducting driver education courses to	1195
pupils enrolled in a high school for which the state board	1196
prescribes minimum standards. No payments shall be made under	1197
this division after June 30, 1999.	1198

(J) An amount for the approved cost of transporting	1199
developmentally handicapped pupils whom it is impossible or	1200
impractical to transport by regular school bus in the course of	1201
regular route transportation provided by the district or service	1202
center. No district or service center is eligible to receive a	1203
payment under this division for the cost of transporting any pupil	1204
whom it transports by regular school bus and who is included in	1205
the district's transportation ADM. The state board of education	1206
shall establish standards and guidelines for use by the department	1207
of education in determining the approved cost of such	1208
transportation for each district or service center.	1209

(K) An amount to each school district, including each	1210
cooperative education school district, pursuant to section 3313.81	1211
of the Revised Code to assist in providing free lunches to needy	1212
children and an amount to assist needy school districts in	1213
purchasing necessary equipment for food preparation. The amounts	1214
shall be determined on the basis of rules adopted by the state	1215
board of education.	1216

(L) An amount to each school district, for each pupil	1217
attending a chartered nonpublic elementary or high school within	1218
the district. The amount shall equal the amount appropriated for	1219
the implementation of section 3317.06 of the Revised Code divided	1220
by the average daily membership in grades kindergarten through	1221
twelve in nonpublic elementary and high schools within the state	1222
as determined during the first full week in October of each school	1223
year.	1224

(M) An amount for each county MR/DD board, distributed on	1225
the basis of standards adopted by the state board of education,	1226
for the approved cost of transportation required for children	1227
attending special education programs operated by the county MR/DD	1228
board under section 3323.09 of the Revised Code;	1229

(N) An amount for each county MR/DD board, distributed on	1230
the basis of standards adopted by the state board of education,	1231
for supportive home services for preschool children;	1232

(O) An amount for each school district that establishes a	1233
mentor teacher program that complies with rules of the state board	1234
of education. No school district shall be required to establish	1235
or maintain such a program in any year unless sufficient funds are	1236
appropriated to cover the district's total costs for the program.	1237

(P) An amount to each school district or educational service	1238
center for the total number of gifted units approved pursuant to	1239
section 3317.05 of the Revised Code. The amount for each such	1240
unit shall be the sum of the minimum salary for the teacher of the	1241
unit, calculated on the basis of the teacher's training level and	1242
years of experience pursuant to the salary schedule prescribed in	1243
the version of section 3317.13 of the Revised Code in effect prior	1244
to the effective date of this amendmentJuly 1, 2001, plus fifteen	1245
per cent of that minimum salary amount, plus two thousand six	1246
hundred seventy-eight dollars.	1247

(Q) An amount to each institution defined under section	1248
3317.082 of the Revised Code providing elementary or secondary	1249
education to children other than children receiving special	1250
education under section 3323.091 of the Revised Code. This amount	1251
for any institution in any fiscal year shall equal the total of	1252
all tuition amounts required to be paid to the institution under	1253
division (A)(1) of section 3317.082 of the Revised Code.	1254

(R) A grant to each school district and joint vocational	1255
school district that operates a "graduation, reality, and	1256
dual-role skills" (GRADS) program for pregnant and parenting	1257
students that is approved by the department. The amount of the	1258
payment shall be the district's state share percentage, as defined	1259
in section 3317.022 or 3317.16 of the Revised Code, times the	1260
GRADS personnel allowance times the full-time-equivalent number of	1261
GRADS teachers approved by the department. The GRADS personnel	1262
allowance is $46,260 in fiscal years 2002 and 2003.	1263

The state board of education or any other board of education	1264
or governing board may provide for any resident of a district or	1265
educational service center territory any educational service for	1266
which funds are made available to the board by the United States	1267
under the authority of public law, whether such funds come	1268
directly or indirectly from the United States or any agency or	1269
department thereof or through the state or any agency, department,	1270
or political subdivision thereof.	1271

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	1272
(C) of this section, any student enrolled in kindergarten more	1273
than half time shall be reported as one-half student under this	1274
section.	1275

(A) The superintendent of each city and exempted village	1276
school district and of each educational service center shall, for	1277
the schools under the superintendent's supervision, certify to the	1278
state board of education on or before the fifteenth day of October	1279
in each year for the first full school week in October the formula	1280
ADM, which shall consist of the average daily membership during	1281
such week of the sum of the following:	1282

(1) On an FTE basis, the number of students in grades	1283
kindergarten through twelve receiving any educational services	1284
from the district, except that the following categories of	1285
students shall not be included in the determination:	1286

(a) Students enrolled in adult education classes;

1287

(b) Adjacent or other district students enrolled in the	1288
district under an open enrollment policy pursuant to section	1289
3313.98 of the Revised Code;	1290

(c) Students receiving services in the district pursuant to	1291
a compact, cooperative education agreement, or a contract, but who	1292
are entitled to attend school in another district pursuant to	1293
section 3313.64 or 3313.65 of the Revised Code;	1294

(d) Students for whom tuition is payable pursuant to	1295
sections 3317.081 and 3323.141 of the Revised Code.	1296

(2) On an FTE basis, the number of students entitled to	1297
attend school in the district pursuant to section 3313.64 or	1298
3313.65 of the Revised Code, but receiving educational services in	1299
grades kindergarten through twelve from one or more of the	1300
following entities:	1301

(a) A community school pursuant to Chapter 3314. of the	1302
Revised Code, including any participation in a college pursuant to	1303
Chapter 3365. of the Revised Code while enrolled in such community	1304
school;	1305

(b) An alternative school pursuant to sections 3313.974 to	1306
3313.979 of the Revised Code as described in division (I)(2)(a) or	1307
(b) of this section;	1308

(c) A college pursuant to Chapter 3365. of the Revised Code,	1309
except when the student is enrolled in the college while also	1310
enrolled in a community school pursuant to Chapter 3314. of the	1311
Revised Code;	1312

(d) An adjacent or other school district under an open	1313
enrollment policy adopted pursuant to section 3313.98 of the	1314
Revised Code;	1315

(e) An educational service center or cooperative education	1316
district;	1317

(f) Another school district under a cooperative education	1318
agreement, compact, or contract.	1319

(3) One-fourth of the number of students enrolled in a joint	1320
vocational school district or under a vocational education	1321
compact, excluding any students entitled to attend school in the	1322
district under section 3313.64 or 3313.65 of the Revised Code who	1323
are enrolled in another school district through an open enrollment	1324
policy as reported under division (A)(2)(d) of this section and	1325
then enroll in a joint vocational school district or under a	1326
vocational education compact;	1327

(4) The number of handicapped children, other than	1328
handicapped preschool children, entitled to attend school in the	1329
district pursuant to section 3313.64 or 3313.65 of the Revised	1330
Code who are placed with a county MR/DD board, minus the number of	1331
such children placed with a county MR/DD board in fiscal year	1332
1998. If this calculation produces a negative number, the number	1333
reported under division (A)(4) of this section shall be zero.	1334

(B) To enable the department of education to obtain the data	1335
needed to complete the calculation of payments pursuant to this	1336
chapter, in addition to the formula ADM, each superintendent shall	1337
report separately the following student counts:	1338

(1) The total average daily membership in regular day	1339
classes included in the report under division (A)(1) or (2) of	1340
this section for kindergarten, and each of grades one through	1341
twelve in schools under the superintendent's supervision;	1342

(2) The number of all handicapped preschool children	1343
enrolled as of the first day of December in classes in the	1344
district that are eligible for approval by the state board of	1345
education under division (B) of section 3317.05 of the Revised	1346
Code and the number of those classes, which shall be reported not	1347
later than the fifteenth day of December, in accordance with rules	1348
adopted under that section;	1349

(3) The number of children entitled to attend school in the	1350
district pursuant to section 3313.64 or 3313.65 of the Revised	1351
Code who are participating in a pilot project scholarship program	1352
established under sections 3313.974 to 3313.979 of the Revised	1353
Code as described in division (I)(2)(a) or (b) of this section,	1354
are enrolled in a college under Chapter 3365. of the Revised Code,	1355
except when the student is enrolled in the college while also	1356
enrolled in a community school pursuant to Chapter 3314. of the	1357
Revised Code, are enrolled in an adjacent or other school district	1358
under section 3313.98 of the Revised Code, are enrolled in a	1359
community school established under Chapter 3314. of the Revised	1360
Code, including any participation in a college pursuant to Chapter	1361
3365. of the Revised Code while enrolled in such community school,	1362
or are participating in a program operated by a county MR/DD board	1363
or a state institution;	1364

(4) The number of pupils enrolled in joint vocational	1365
schools;	1366

(5) The average daily membership of handicapped children	1367
reported under division (A)(1) or (2) of this section receiving	1368
special education services for the category one handicap described	1369
in division (A) of section 3317.013 of the Revised Code;	1370

(6) The average daily membership of handicapped children	1371
reported under division (A)(1) or (2) of this section receiving	1372
special education services for category two handicaps described	1373
in division (B) of section 3317.013 of the Revised Code;	1374

(7) The average daily membership of handicapped children	1375
reported under division (A)(1) or (2) of this section receiving	1376
special education services for category three handicaps described	1377
in division (C) of section 3317.013 of the Revised Code;	1378

(8) The average daily membership of handicapped children	1379
reported under division (A)(1) or (2) of this section receiving	1380
special education services for category four handicaps described	1381
in division (D) of section 3317.013 of the Revised Code;	1382

(9) The average daily membership of handicapped children	1383
reported under division (A)(1) or (2) of this section receiving	1384
special education services for the category five handicap	1385
described in division (E) of section 3317.013 of the Revised Code;	1386

(10) The average daily membership of handicapped children	1387
reported under division (A)(1) or (2) of this section receiving	1388
special education services for category six handicaps described in	1389
division (F) of section 3317.013 of the Revised Code;	1390

(11) The average daily membership of pupils reported under	1391
division (A)(1) or (2) of this section enrolled in category one	1392
vocational education programs or classes, described in division	1393
(A) of section 3317.014 of the Revised Code, operated by the	1394
school district or by another district, other than a joint	1395
vocational school district, or by an educational service center;	1396

(12) The average daily membership of pupils reported under	1397
division (A)(1) or (2) of this section enrolled in category two	1398
vocational education programs or services, described in division	1399
(B) of section 3317.014 of the Revised Code, operated by the	1400
school district or another school district, other than a joint	1401
vocational school district, or by an educational service center;	1402

(13) The average number of children transported by the	1403
school district on board-owned or contractor-owned and -operated	1404
buses, reported in accordance with rules adopted by the department	1405
of education;	1406

(14)(a) The number of children, other than handicapped	1407
preschool children, the district placed with a county MR/DD board	1408
in fiscal year 1998;	1409

(b) The number of handicapped children, other than	1410
handicapped preschool children, placed with a county MR/DD board	1411
in the current fiscal year to receive special education services	1412
for the category one handicap described in division (A) of section	1413
3317.013 of the Revised Code;	1414

(c) The number of handicapped children, other than	1415
handicapped preschool children, placed with a county MR/DD board	1416
in the current fiscal year to receive special education services	1417
for category two handicaps described in division (B) of section	1418
3317.013 of the Revised Code;	1419

(d) The number of handicapped children, other than	1420
handicapped preschool children, placed with a county MR/DD board	1421
in the current fiscal year to receive special education services	1422
for category three handicaps described in division (C) of section	1423
3317.013 of the Revised Code;	1424

(e) The number of handicapped children, other than	1425
handicapped preschool children, placed with a county MR/DD board	1426
in the current fiscal year to receive special education services	1427
for category four handicaps described in division (D) of section	1428
3317.013 of the Revised Code;	1429

(f) The number of handicapped children, other than	1430
handicapped preschool children, placed with a county MR/DD board	1431
in the current fiscal year to receive special education services	1432
for the category five handicap described in division (E) of	1433
section 3317.013 of the Revised Code;	1434

(g) The number of handicapped children, other than	1435
handicapped preschool children, placed with a county MR/DD board	1436
in the current fiscal year to receive special education services	1437
for category six handicaps described in division (F) of section	1438
3317.013 of the Revised Code.	1439

(C)(1) Except as otherwise provided in this section for	1440
kindergarten students, the average daily membership in divisions	1441
(B)(1) to (12) of this section shall be based upon the number of	1442
full-time equivalent students. The state board of education shall	1443
adopt rules defining full-time equivalent students and for	1444
determining the average daily membership therefrom for the	1445
purposes of divisions (A), (B), and (D) of this section. No	1446

(2) A student enrolled in a community school established	1447
under Chapter 3314. of the Revised Code shall be counted in the	1448
formula ADM and, if applicable, the category one, two, or three	1449
special education ADM of the school district in which the student	1450
is entitled to attend school under section 3313.64 or 3313.65 of	1451
the Revised Code for the same proportion of the school year that	1452
the student is counted in the enrollment of the community school	1453
for purposes of section 3314.08 of the Revised Code.	1454

(3) No child shall be counted as more than a total of one	1455
child in the sum of the average daily memberships of a school	1456
district under division (A), divisions (B)(1) to (12), or division	1457
(D) of this section, except as follows:	1458

(1)(a) A child with a handicap described in section 3317.013	1459
of the Revised Code may be counted both in formula ADM and in	1460
category one, two, three, four, five, or six special education	1461
ADM and, if applicable, in category one or two vocational	1462
education ADM. As provided in division (C) of section 3317.02 of	1463
the Revised Code, such a child shall be counted in category one,	1464
two, three, four, five, or six special education ADM in the same	1465
proportion that the child is counted in formula ADM.	1466

(2)(b) A child enrolled in vocational education programs or	1467
classes described in section 3314.014 of the Revised Code may be	1468
counted both in formula ADM and category one or two vocational	1469
education ADM and, if applicable, in category one, two, three,	1470
four, five, or six special education ADM. Such a child shall be	1471
counted in category one or two vocational education ADM in the	1472
same proportion as the percentage of time that the child spends in	1473
the vocational education programs or classes.	1474

(4) Based on the information reported under this section,	1475
the department of education shall determine the total student	1476
count, as defined in section 3301.011 of the Revised Code, for	1477
each school district.	1478

(D)(1) The superintendent of each joint vocational school	1479
district shall certify to the superintendent of public instruction	1480
on or before the fifteenth day of October in each year for the	1481
first full school week in October the formula ADM, which shall	1482
consist of the average daily membership during such week, on an	1483
FTE basis, of the number of students receiving any educational	1484
services from the district, except that the following categories	1485
of students shall not be included in the determination:	1486

(a) Students enrolled in adult education classes;

1487

(b) Adjacent or other district joint vocational students	1488
enrolled in the district under an open enrollment policy pursuant	1489
to section 3313.98 of the Revised Code;	1490

(c) Students receiving services in the district pursuant to	1491
a compact, cooperative education agreement, or a contract, but who	1492
are entitled to attend school in a city, local, or exempted	1493
village school district whose territory is not part of the	1494
territory of the joint vocational district;	1495

(d) Students for whom tuition is payable pursuant to	1496
sections 3317.081 and 3323.141 of the Revised Code.	1497

(2) To enable the department of education to obtain the data	1498
needed to complete the calculation of payments pursuant to this	1499
chapter, in addition to the formula ADM, each superintendent shall	1500
report separately the average daily membership included in the	1501
report under division (D)(1) of this section for each of the	1502
following categories of students:	1503

(a) Students enrolled in each grade included in the joint	1504
vocational district schools;	1505

(b) Handicapped children receiving special education	1506
services for the category one handicap described in division (A)	1507
of section 3317.013 of the Revised Code;	1508

(c) Handicapped children receiving special education	1509
services for the category two handicaps described in division (B)	1510
of section 3317.013 of the Revised Code;	1511

(d) Handicapped children receiving special education	1512
services for category three handicaps described in division (C)	1513
of section 3317.013 of the Revised Code;	1514

(e) Handicapped children receiving special education services	1515
for category four handicaps described in division (D) of section	1516
3317.013 of the Revised Code;	1517

(f) Handicapped children receiving special education	1518
services for the category five handicap described in division (E)	1519
of section 3317.013 of the Revised Code;	1520

(g) Handicapped children receiving special education	1521
services for category six handicaps described in division (F) of	1522
section 3317.013 of the Revised Code;	1523

(h) Students receiving category one vocational education	1524
services, described in division (A) of section 3317.014 of the	1525
Revised Code;	1526

(i) Students receiving category two vocational education	1527
services, described in division (B) of section 3317.014 of the	1528
Revised Code.	1529

The superintendent of each joint vocational school district	1530
shall also indicate the city, local, or exempted village school	1531
district in which each joint vocational district pupil is entitled	1532
to attend school pursuant to section 3313.64 or 3313.65 of the	1533
Revised Code.	1534

(E) In each school of each city, local, exempted village,	1535
joint vocational, and cooperative education school district there	1536
shall be maintained a record of school membership, which record	1537
shall accurately show, for each day the school is in session, the	1538
actual membership enrolled in regular day classes. For the	1539
purpose of determining average daily membership, the membership	1540
figure of any school shall not include any pupils except those	1541
pupils described by division (A) of this section. The record of	1542
membership for each school shall be maintained in such manner that	1543
no pupil shall be counted as in membership prior to the actual	1544
date of entry in the school and also in such manner that where for	1545
any cause a pupil permanently withdraws from the school that pupil	1546
shall not be counted as in membership from and after the date of	1547
such withdrawal. There shall not be included in the membership of	1548
any school any of the following:	1549

(1) Any pupil who has graduated from the twelfth grade of a	1550
public high school;	1551

(2) Any pupil who is not a resident of the state;

1552

(3) Any pupil who was enrolled in the schools of the	1553
district during the previous school year when tests were	1554
administered under section 3301.0711 of the Revised Code but did	1555
not take one or more of the tests required by that section and was	1556
not excused pursuant to division (C)(1) of that section;	1557

(4) Any pupil who has attained the age of twenty-two years,	1558
except for veterans of the armed services whose attendance was	1559
interrupted before completing the recognized twelve-year course of	1560
the public schools by reason of induction or enlistment in the	1561
armed forces and who apply for reenrollment in the public school	1562
system of their residence not later than four years after	1563
termination of war or their honorable discharge.	1564

If, however, any veteran described by division (E)(4) of this	1565
section elects to enroll in special courses organized for veterans	1566
for whom tuition is paid under the provisions of federal laws, or	1567
otherwise, that veteran shall not be included in average daily	1568
membership.	1569

Notwithstanding division (E)(3) of this section, the	1570
membership of any school may include a pupil who did not take a	1571
test required by section 3301.0711 of the Revised Code if the	1572
superintendent of public instruction grants a waiver from the	1573
requirement to take the test to the specific pupil. The	1574
superintendent may grant such a waiver only for good cause in	1575
accordance with rules adopted by the state board of education.	1576

Except as provided in divisiondivisions (B)(2) and (F) of	1577
this section, the average daily membership figure of any local,	1578
city, exempted village, or joint vocational school district shall	1579
be determined by dividing the figure representing the sum of the	1580
number of pupils enrolled during each day the school of attendance	1581
is actually open for instruction during the first full school week	1582
in October by the total number of days the school was actually	1583
open for instruction during that week. For purposes of state	1584
funding, "enrolled" persons are only those pupils who are	1585
attending school, those who have attended school during the	1586
current school year and are absent for authorized reasons, and	1587
those handicapped children currently receiving home instruction.	1588

The average daily membership figure of any cooperative	1589
education school district shall be determined in accordance with	1590
rules adopted by the state board of education.	1591

(F)(1) If the formula ADM for the first full school week in	1592
February is at least three per cent greater than that certified	1593
for the first full school week in the preceding October, the	1594
superintendent of schools of any city, exempted village, or joint	1595
vocational school district or educational service center shall	1596
certify such increase to the superintendent of public instruction.	1597
Such certification shall be submitted no later than the fifteenth	1598
day of February. For the balance of the fiscal year, beginning	1599
with the February payments, the superintendent of public	1600
instruction shall use the increased formula ADM in calculating or	1601
recalculating the amounts to be allocated in accordance with	1602
section 3317.022 or 3317.16 of the Revised Code. In no event	1603
shall the superintendent use an increased membership certified to	1604
the superintendent after the fifteenth day of February.	1605

(2) If on the first school day of April the total number of	1606
classes or units for handicapped preschool children that are	1607
eligible for approval under division (B) of section 3317.05 of the	1608
Revised Code exceeds the number of units that have been approved	1609
for the year under that division, the superintendent of schools of	1610
any city, exempted village, or cooperative education school	1611
district or educational service center shall make the	1612
certifications required by this section for that day. If the	1613
state board of education determines additional units can be	1614
approved for the fiscal year within any limitations set forth in	1615
the acts appropriating moneys for the funding of such units, the	1616
board shall approve additional units for the fiscal year on the	1617
basis of such average daily membership. For each unit so	1618
approved, the department of education shall pay an amount computed	1619
in the manner prescribed in section 3317.052 or 3317.19 and	1620
section 3317.053 of the Revised Code.	1621

(3) If a student attending a community school under Chapter	1622
3314. of the Revised Code is not included in the formula ADM	1623
certified for the first full school week of October for the school	1624
district in which the student is entitled to attend school under	1625
section 3313.64 or 3313.65 of the Revised Code, the department of	1626
education shall adjust the formula ADM of that school district to	1627
include the community school student in accordance with division	1628
(C)(2) of this section, and shall recalculate the school	1629
district's payments under this chapter for the entire fiscal year	1630
on the basis of that adjusted formula ADM. This requirement	1631
applies regardless of whether the student was enrolled, as defined	1632
in division (E) of this section, in the community school during	1633
the first full school week in October.	1634

(G)(1)(a) The superintendent of an institution operating a	1635
special education program pursuant to section 3323.091 of the	1636
Revised Code shall, for the programs under such superintendent's	1637
supervision, certify to the state board of education the average	1638
daily membership of all handicapped children in classes or	1639
programs approved annually by the state board of education, in the	1640
manner prescribed by the superintendent of public instruction.	1641

(b) The superintendent of an institution with vocational	1642
education units approved under division (A) of section 3317.05 of	1643
the Revised Code shall, for the units under the superintendent's	1644
supervision, certify to the state board of education the average	1645
daily membership in those units, in the manner prescribed by the	1646
superintendent of public instruction.	1647

(2) The superintendent of each county MR/DD board that	1648
maintains special education classes under section 3317.20 of the	1649
Revised Code or units approved by the state board of education	1650
pursuant to section 3317.05 of the Revised Code shall do both of	1651
the following:	1652

(a) Certify to the state board, in the manner prescribed by	1653
the board, the average daily membership in classes under section	1654
3317.20 of the Revised Code for each school district that has	1655
placed children in the classes;	1656

(b) Certify to the state board, in the manner prescribed by	1657
the board, the number of all handicapped preschool children	1658
enrolled as of the first day of December in classes eligible for	1659
approval under division (B) of section 3317.05 of the Revised	1660
Code, and the number of those classes.	1661

(3)(a) If on the first school day of April the number of	1662
classes or units maintained for handicapped preschool children by	1663
the county MR/DD board that are eligible for approval under	1664
division (B) of section 3317.05 of the Revised Code is greater	1665
than the number of units approved for the year under that	1666
division, the superintendent shall make the certification required	1667
by this section for that day.	1668

(b) If the state board determines that additional classes or	1669
units can be approved for the fiscal year within any limitations	1670
set forth in the acts appropriating moneys for the funding of the	1671
classes and units described in division (G)(3)(a) of this	1672
section, the board shall approve and fund additional units for the	1673
fiscal year on the basis of such average daily membership. For	1674
each unit so approved, the department of education shall pay an	1675
amount computed in the manner prescribed in sections 3317.052 and	1676
3317.053 of the Revised Code.	1677

(H) Except as provided in division (I) of this section, when	1678
any city, local, or exempted village school district provides	1679
instruction for a nonresident pupil whose attendance is	1680
unauthorized attendance as defined in section 3327.06 of the	1681
Revised Code, that pupil's membership shall not be included in	1682
that district's membership figure used in the calculation of that	1683
district's formula ADM or included in the determination of any	1684
unit approved for the district under section 3317.05 of the	1685
Revised Code. The reporting official shall report separately the	1686
average daily membership of all pupils whose attendance in the	1687
district is unauthorized attendance, and the membership of each	1688
such pupil shall be credited to the school district in which the	1689
pupil is entitled to attend school under division (B) of section	1690
3313.64 or section 3313.65 of the Revised Code as determined by	1691
the department of education.	1692

(I)(1) A city, local, exempted village, or joint vocational	1693
school district admitting a scholarship student of a pilot project	1694
district pursuant to division (C) of section 3313.976 of the	1695
Revised Code may count such student in its average daily	1696
membership.	1697

(2) In any year for which funds are appropriated for pilot	1698
project scholarship programs, a school district implementing a	1699
state-sponsored pilot project scholarship program that year	1700
pursuant to sections 3313.974 through 3313.979 of the Revised Code	1701
may count in average daily membership:	1702

(a) All children residing in the district and utilizing a	1703
scholarship to attend kindergarten in any alternative school, as	1704
defined in section 3313.974 of the Revised Code;	1705

(b) All children who were enrolled in the district in the	1706
preceding year who are utilizing a scholarship to attend any such	1707
alternative school.	1708

(J) The superintendent of each cooperative education school	1709
district shall certify to the superintendent of public	1710
instruction, in a manner prescribed by the state board of	1711
education, the applicable average daily memberships for all	1712
students in the cooperative education district, also indicating	1713
the city, local, or exempted village district where each pupil is	1714
entitled to attend school under section 3313.64 or 3313.65 of the	1715
Revised Code.	1716

Sec. 3317.07.  The state board of education shall establish	1717
rules for the purpose of distributing subsidies for the purchase	1718
ofacquiring school buses under division (E) of section 3317.024	1719
of the Revised Code.	1720

No school bus subsidy payments shall be paid to any district	1721
unless such district can demonstrate that pupils residing more	1722
than one mile from the school could not be transported without	1723
such additional aid.	1724

The amount paid to a county MR/DD board for buses for	1725
transportation of children in special education programs operated	1726
by the board shall be one hundred per cent of the board's net	1727
cost.	1728

The amount paid to a school district for buses purchased	1729
acquired for transportation of handicapped,community school, and	1730
nonpublic school pupils shall be one hundred per cent of the	1731
school district's net cost.	1732

The state board of education shall adopt a formula to	1733
determine the amount of payments that shall be distributed to	1734
school districts to purchaseacquire school buses for pupils other	1735
than handicapped or nonpublic school pupils.	1736

A school district may use payments received under this	1737
section to acquire school buses by any means permitted by section	1738
3313.172 of the Revised Code, subject to sections 3313.46 and	1739
3327.08 of the Revised Code.	1740

If any district or MR/DD board obtains bus services for pupil	1741
transportation pursuant to a contract, such district or board may	1742
use payments received under this section to defray the costs of	1743
contracting for bus services in lieu of for purchasingacquiring	1744
buses.	1745

Sec. 3318.50. (A) As used in this section and in section	1746
3318.52 of the Revised Code:	1747

(1) "Start-up community school" means a "new start-up school"	1748
as that term is defined in division (A) of section 3314.02 of the	1749
Revised Code.	1750

(2) "Classroom"classroom facilities" has the same meaning as	1751
in section 3318.01means buildings, land, grounds, equipment, and	1752
furnishings used by a community school in furtherance of its	1753
mission and contract entered into by the school's governing	1754
authority under Chapter 3314. of the Revised Code.	1755

(B) There is hereby established the community school	1756
classroom facilities loan guarantee program. Under the program,	1757
the Ohio school facilities commission may guarantee for up to	1758
fifteen years up to eighty-five per cent of the sum of the	1759
principal and interest on a loan made to the governing authority	1760
of a start-up community school established under Chapter 3314. of	1761
the Revised Code for the sole purpose of assisting the governing	1762
boardauthority in acquiring, improving, or replacing classroom	1763
facilities for the community school by lease, purchase, remodeling	1764
of existing facilities, or any other means except byincluding new	1765
construction.	1766

The commission shall not make any loan guarantee under this	1767
section unless the commission has determined both that the	1768
applicant is creditworthy and that the classroom facilities meet	1769
specifications established by the commission under section 3318.51	1770
of the Revised Codethat have been acquired, improved, or replaced	1771
under the loan meet applicable health and safety standards	1772
established by law for school buildings or those facilities that	1773
will be acquired, improved, or replaced under the loan will meet	1774
such standards.	1775

The commission shall not guarantee any loan under this	1776
section unless the loan is obtained from a financial institution	1777
regulated by the United States or this state.	1778

(C) At no time shall the commission exceed an aggregate	1779
liability of ten million dollars to repay loans guaranteed under	1780
this section.	1781

(D) Any payment made to a lending institution as a result of	1782
default on a loan guaranteed under this section shall be made from	1783
moneys in the community school classroom facilities loan guarantee	1784
fund established under section 3318.52 of the Revised Code.	1785

(E) The commission may assess a fee of up to five hundred	1786
dollars for each loan guaranteed under this section.	1787

(F) Not later than ninety days after the effective date of	1788
this section, the commission shall adopt rules that prescribe loan	1789
standards and procedures consistent with this section that are	1790
designed to protect the state's interest in any loan guaranteed by	1791
this section and to ensure that the state has a reasonable chance	1792
of recovering any payments made by the state in the event of a	1793
default on any such loan.	1794

Sec. 3318.53. There is hereby established the community	1795
school classroom facilities support program. Under the program,	1796
in any fiscal year that the general assembly appropriates moneys	1797
specifically for such purpose, the Ohio school facilities	1798
commission shall pay a stipend to each start-up community school	1799
then currently chartered under Chapter 3314. of the Revised Code.	1800
The stipend to each school shall be an amount equal to four	1801
hundred fifty dollars times the number of students served by the	1802
school in the year that the stipend is paid. The governing	1803
authority of each community school may use the moneys paid under	1804
this section to help defray any rental or loan payments the	1805
authority makes for classroom facilities used by the community	1806
school.	1807

Sec. 3319.30.  Except as provided in division (C) of section	1808
3314.031 or in section 3319.36 of the Revised Code, no person	1809
shall receive any compensation for the performance of duties as	1810
teacher in any school supported wholly or in part by the state or	1811
by federal funds who has not obtained a license of qualification	1812
for the position as provided for under section 3319.22 of the	1813
Revised Code and which license shall further certify to the good	1814
moral character of the holder thereof. Any teacher so qualified	1815
may, at the discretion of the employing board of education,	1816
receive compensation for days on which the teacher is excused by	1817
such board for the purpose of attending professional meetings, and	1818
the board may provide and pay the salary of a substitute teacher	1819
for such days.	1820

Sec. 3327.08.  Boards of education of city school districts,	1821
local school districts, exempted village school districts,	1822
cooperative education school districts, and joint vocational	1823
school districts and governing boards of educational service	1824
centers may purchase on individual contractacquire, in accordance	1825
with section 3313.172 of the Revised Code, school buses and other	1826
equipment used in transporting children to and from school, and to	1827
other functions as authorized by the boards, on individual	1828
contract or the boards, at their discretion, may purchaseacquire	1829
the buses and equipment through any system of centralized	1830
purchasingsystem established by the state department of education	1831
for that purpose, provided that state subsidy payments shall be	1832
based on the amount of the lowest price available to the boards by	1833
either method of purchase. No board shall be deprived of any form	1834
of state assistance in the purchaseacquisition of buses and	1835
equipment by reason of purchasesacquisition of buses and	1836
equipment on an individual contract.	1837

The purchaseacquisition of school buses shall be made only	1838
after competitive bidding in accordance with section 3313.46 of	1839
the Revised Code. All bids shall state that the buses, prior to	1840
delivery, will comply with the safety rules of the department of	1841
public safety adopted pursuant to section 4511.76 of the Revised	1842
Code and all other pertinent provisions of law.	1843

Sec. 3365.08.  (A) A college that expects to receive or	1844
receives reimbursement under section 3365.07 of the Revised Code	1845
shall furnish to a participant all textbooks and materials	1846
directly related to a course taken by the participant under	1847
division (B) of section 3365.04 of the Revised Code. No college	1848
shall charge such participant for tuition, textbooks, materials,	1849
or other fees directly related to any such course.	1850

(B) No student enrolled under this chapter in a course for	1851
which credit toward high school graduation is awarded shall	1852
receive direct financial aid through any state or federal program.	1853

(C) If a school district provides transportation for	1854
resident school students in grades eleven and twelve under section	1855
3327.01 of the Revised Code, a parent of a pupil enrolled in a	1856
course under division (B) of section 3365.04 of the Revised Code	1857
may apply to the board of education for full or partial	1858
reimbursement for the necessary costs of transporting the student	1859
between the secondary school the student attends and the college	1860
in which the student is enrolled. Reimbursement may be paid	1861
solely from funds received by the district under division (D) of	1862
section 3317.022 of the Revised Code. The state board of	1863
education shall establish guidelines, based on financial need,	1864
under which a district may provide such reimbursement.	1865

(D) If a community school provides or arranges	1866
transportation for its pupils in grades nine through twelve under	1867
section 3314.091 of the Revised Code, a parent of a pupil of the	1868
community school who is enrolled in a course under division (B) of	1869
section 3365.04 of the Revised Code may apply to the governing	1870
authority of the community school for full or partial	1871
reimbursement of the necessary costs of transporting the student	1872
between the community school and the college. The governing	1873
authority may pay the reimbursement in accordance with the state	1874
board's rules adopted under division (C) of this section solely	1875
from funds paid to it under section 3314.091 of the Revised Code.	1876

Section 2. That existing sections 149.43, 3314.011, 3314.02,	1877
3314.03, 3314.06, 3314.07, 3314.072, 3314.09, 3314.091, 3314.13,	1878
3317.024, 3317.03, 3317.07, 3318.50, 3319.30, 3327.08, and 3365.08	1879
of the Revised Code are hereby repealed.	1880