Section 1. That sections 3313.375, 3313.534, 3314.011, | 24 |
3314.013, 3314.02,
3314.03, 3314.06, 3314.07,
3314.072, 3314.08, | 25 |
3314.09, 3314.091, 3314.11,
3314.13, 3317.03,
3318.38,
3318.50, | 26 |
3327.01, 3327.02,
3365.08, and 4117.101 be
amended;
section | 27 |
3314.011
(3314.16) be
amended for the purpose of
adopting
a new | 28 |
section
number as
indicated in parentheses; and
sections
3314.015, | 29 |
3314.022, 3314.023, 3314.024, 3314.041, 3314.073,
3314.074,
| 30 |
3314.081, 3314.111,
3314.17, 3314.30, 3314.31, and
3318.53 of | 31 |
the
Revised
Code be
enacted to
read as
follows: | 32 |
Sec. 3313.375. The board of education of a city, local, | 33 |
exempted village, or joint vocational school district
or, the | 34 |
governing board of an educational service center, or the governing | 35 |
authority of a community school may enter
into a
lease-purchase | 36 |
agreement
providing for construction; enlarging or
other | 37 |
improvement, furnishing, and equipping;
lease; and eventual | 38 |
acquisition of a building
or improvements to a building
for any | 39 |
school district
or, educational service center, or community | 40 |
school purpose. The
agreement shall provide for a lease for
a | 41 |
series of one-year
renewable lease terms totaling
not more than | 42 |
thirty years. The
agreement shall provide that at the
end of the | 43 |
series of lease
terms provided for in the agreement
the title to | 44 |
the leased
property shall be vested in the
school district
or | 45 |
educational
service center, if all obligations of the school | 46 |
district
or, educational service center, or community school | 47 |
provided
for in the agreement have been
satisfied. The
agreement | 48 |
may, in addition to the rental payments,
require the school | 49 |
district
or, educational service center, or community school
to | 50 |
pay
the lessor a lump-sum
amount as a condition of obtaining title | 51 |
to
the
leased property. In
conjunction with the agreement,
a | 52 |
school
district board of education
or, an educational service | 53 |
center
governing board, or a governing authority of a community | 54 |
school
may grant leases, easements, or licenses
for
underlying | 55 |
land or facilities under the board's control for
terms
not | 56 |
exceeding five years beyond the final
renewal term of the | 57 |
lease-purchase agreement entered into pursuant
to this section. | 58 |
Payments under the
agreement may be deemed to
be, and paid as, | 59 |
current operating expenses. | 60 |
Sec. 3313.534. No later than
July 1, 1998, the board of | 65 |
education of each city, exempted village, and local school | 66 |
district shall adopt a policy of zero tolerance for violent, | 67 |
disruptive, or inappropriate behavior, including excessive | 68 |
truancy, and establish strategies to address such behavior that | 69 |
range from prevention to intervention. | 70 |
No later than July 1,
1999, each of the big eight school | 71 |
districts, as defined in section
3314.02 of the Revised
Code, | 72 |
shall establish under
section 3313.533 of the Revised
Code at | 73 |
least one alternative
school to meet the educational needs of | 74 |
students with severe
discipline problems, including, but not | 75 |
limited to, excessive
truancy, excessive disruption in the | 76 |
classroom, and multiple
suspensions or expulsions. Any other | 77 |
school district that
attains after that date a significantly | 78 |
substandard graduation rate, as
defined by the
department of | 79 |
education, shall also establish
such an alternative school under | 80 |
that section. | 81 |
(C) It is the intent of the general assembly to consider | 109 |
whether
to provide limitations on the number of start-up community | 110 |
schools after
July 1, 2001, following its examination of the | 111 |
results of
the studies by the legislative office of education | 112 |
oversight required under
sectionSection 50.39 of
Am.
Sub.
H.B. | 113 |
No. 215 of the 122nd general
assembly and
sectionSection 50.52.2 | 114 |
of
Am.
Sub.
H.B.
No. 215 of the 122nd general
assembly, as amended | 115 |
by Am.
Sub.
H.B.
No. 770 of the 122nd general
assembly. | 116 |
Sec.
3314.015. (A) The department of education shall be | 117 |
responsible for the oversight of sponsors of the community schools | 118 |
established
under this chapter and shall provide technical | 119 |
assistance to schools and sponsors in their compliance with | 120 |
applicable laws and the terms of the contracts entered into under | 121 |
section 3314.03 of the Revised Code and in the development and | 122 |
start-up activities of those schools. In carrying out its duties | 123 |
under this section, the department shall do all of the following: | 124 |
(3) By December thirty-first of each year, issue a report | 131 |
to the governor, the speaker of
the house of representatives, the | 132 |
president of the senate, and the
chairpersons of the house and | 133 |
senate committees principally
responsible for education matters | 134 |
regarding the effectiveness of
academic programs, operations, and | 135 |
legal compliance and of the financial condition of all
community | 136 |
schools established under this chapter; | 137 |
(B) No entity listed in division (C)(1) of section | 141 |
3314.02 of the Revised Code shall enter into a preliminary | 142 |
agreement under division (C)(2) of section 3314.02 of the Revised | 143 |
Code until it has received approval from the department of | 144 |
education to sponsor community schools under this chapter and has | 145 |
entered into a written agreement with the department regarding the | 146 |
manner in which the entity will conduct such sponsorship. The | 147 |
department shall adopt in accordance with Chapter 119. of the | 148 |
Revised Code rules containing criteria, procedures, and
deadlines | 149 |
for
processing applications for such approval, for oversight of | 150 |
sponsors, for revocation of the approval of sponsors, and for | 151 |
entering into written agreements with sponsors. The
rules shall | 152 |
require an entity to submit evidence of the entity's
ability and | 153 |
willingness to comply with the provisions of division
(D) of | 154 |
section 3314.03 of the Revised Code. | 155 |
(C) If at any time the state board of education
finds that a | 160 |
sponsor is not in compliance or is no longer willing
to comply | 161 |
with its contract with any community school or with the | 162 |
department's rules for sponsorship, the
state board or designee | 163 |
shall conduct a hearing in accordance with Chapter
119. of the | 164 |
Revised Code on that matter. If after the hearing,
the state | 165 |
board or designee has confirmed the original finding, the
state | 166 |
baord or designee shall revoke the sponsor's approval to sponsor | 167 |
community schools and shall assume the sponsorship of any
schools | 168 |
with which the sponsor has contracted until the earlier of the | 169 |
expiration of two school years or until a new sponsor as
described | 170 |
in division (C)(1) of section 3314.02 of the Revised
Code is | 171 |
secured by the school's governing authority. The
department may | 172 |
extend the term of the contract in the case of a
school for which | 173 |
it has assumed sponsorship under this division as
necessary to | 174 |
accommodate the term of the department's
authorization to sponsor | 175 |
the school specified in this division. | 176 |
(B) Any person or group of
individuals may initially propose | 220 |
under this
division the conversion of all or a portion of a public | 221 |
school to a community
school. The proposal shall be made to the | 222 |
board of education of
the city, local, or
exempted village school | 223 |
district
in
which the public school is proposed to be converted. | 224 |
Upon receipt of a
proposal, a board may enter into a preliminary | 225 |
agreement with the person or
group proposing the conversion of the | 226 |
public school, indicating the intention of the board of education | 227 |
to
support the conversion to a community school. A proposing | 228 |
person or group
that has a preliminary
agreement under this | 229 |
division may proceed to finalize plans for the school,
establish a | 230 |
governing authority for the school, and negotiate a contract with | 231 |
the board of education. Provided the proposing person or group | 232 |
adheres to the
preliminary agreement and all provisions of this | 233 |
chapter, the board of
education shall negotiate in good faith to | 234 |
enter into a contract in accordance
with section 3314.03 of the | 235 |
Revised Code and division (C) of this section. | 236 |
(f)
If the school is proposed to be located in the pilot | 256 |
project
area, a
sponsoring
authority designated by the
board of | 257 |
trustees of
a state
university located in the
pilot
project area, | 258 |
or the board of
trustees itself(e) Any qualified tax-exempt | 259 |
entity under section 501(c)(3)
of the Internal Revenue Code that | 260 |
has been in operation for at least five years prior to applying to | 261 |
be a community school sponsor or has assets of at least five | 262 |
hundred thousand dollars. | 263 |
(2) A preliminary agreement indicates the
intention of
a | 267 |
publican entity described in division (C)(1)
of this section
to | 268 |
sponsor the community school. A proposing person or
group that | 269 |
has such a preliminary agreement may proceed to
finalize plans for | 270 |
the school, establish a governing authority
as described in | 271 |
division (E) of this section
for the school, and
negotiate a | 272 |
contract with the
public entity. Provided the
proposing person or | 273 |
group adheres to the
preliminary agreement and
all provisions of | 274 |
this chapter, the
public entity shall negotiate
in good faith to | 275 |
enter into a
contract in accordance with section
3314.03 of the | 276 |
Revised
Code. | 277 |
(D) A majority vote of
the board of a sponsoring
school | 287 |
district boardentity
and a
majority vote of the members of the | 288 |
governing authority of a
community school shall be required to | 289 |
adopt a contract and
convert
the public school to a community | 290 |
school or establish the new
start-up school. An unlimited number | 291 |
of
community schools
may be
established in any school district | 292 |
provided that a contract is
entered into for each community school | 293 |
pursuant to
this chapter. | 294 |
Sec. 3314.022. The governing authority of any community | 305 |
school established under this chapter may contract with the | 306 |
governing authority of another community school, the board of | 307 |
education of a school district, the governing board of an | 308 |
educational service center, a county MR/DD board, or the | 309 |
administrative authority of
a
nonpublic school for provision of | 310 |
services for any disabled
student enrolled at the school. Any | 311 |
school district
board of
education or educational service center | 312 |
governing board shall
negotiate with a community school
governing | 313 |
authority that seeks
to contract for the provision of
services for | 314 |
a disabled student
under this section in the same
manner as it | 315 |
would with the board
of education of a school
district that
seeks | 316 |
to contract for such
services. | 317 |
Sec. 3314.024. A management company that provides services
to | 322 |
a community school that amounts to more than twenty per cent of | 323 |
the annual gross revenues of the school shall provide a detailed | 324 |
accounting including the nature and costs of the services it | 325 |
provides to the community school. This information shall be | 326 |
included in the footnotes of the financial statements of the | 327 |
school and be subject to audit during the course of the regular | 328 |
financial audit of the community school. | 329 |
(b) A requirement that the governing authority adopt an | 350 |
attendance policy that includes a procedure for automatically | 351 |
withdrawing a student from the school if the student without a | 352 |
legitimate excuse fails to participate in one hundred five | 353 |
consecutive hours of the learning opportunities offered to the | 354 |
student. Such a policy shall provide for withdrawing the student | 355 |
by the end of the thirtieth day after the student has failed to | 356 |
participate as required under this division. | 357 |
(d) The school will comply with
divisions (A), (B), and (C) | 385 |
of section 3301.0715 and sections 9.90, 9.91, 109.65,
121.22, | 386 |
149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711, | 387 |
3301.0712,
3301.0714,
3313.50, 3313.643, 3313.66, 3313.661, | 388 |
3313.662,
3313.67, 3313.672,
3313.673, 3313.69, 3313.71, 3313.716, | 389 |
3313.80,
3313.96,
3319.321, 3319.39, 3321.01, 3327.10, 4111.17, | 390 |
and 4113.52, and 5705.391
and
Chapters 117., 1347., 2744., 3365., | 391 |
4112., 4123.,
4141., and
4167. of
the Revised Code as if it were a | 392 |
school
district
and will comply with section 3301.0714 of the | 393 |
Revised
Code in the manner specified in section 3314.17 of the | 394 |
Revised
Code; | 395 |
(e) The school shall comply with Chapter 102. of the Revised | 396 |
Code except that
nothing in that chapter shall prohibit a
member | 397 |
of the school's governing board from also being an employee
of the | 398 |
school and nothing in that chapter or section 2921.42 of
the | 399 |
Revised Code shall prohibit a member of the
school's governing | 400 |
board from having an interest in a
contract into which the | 401 |
governing board enters
that is not a contract with a for-profit | 402 |
firm for the operation or
management of a school under the | 403 |
auspices of the governing
authority; | 404 |
(f) The school will comply with sections 3313.61,
3313.611, | 405 |
and 3313.614 of the Revised Code, except that the
requirement in
| 406 |
sections
3313.61 and 3313.611 of the Revised
Code that a person | 407 |
must successfully
complete the curriculum
in
any high school prior | 408 |
to receiving a
high school diploma may be
met by completing the | 409 |
curriculum adopted by the
governing
authority of the community | 410 |
school
rather than the curriculum
specified in Title XXXIII of the | 411 |
Revised Code or any rules of the
state board of education; | 412 |
(g) The school governing authority will submit
an annual | 413 |
within four months after the end of each school year a
report
of | 414 |
its activities and progress in meeting the goals and
standards of | 415 |
divisions
(A)(3) and (4) of this section and its
financial status | 416 |
to the
sponsor, the parents of all students
enrolled in the | 417 |
school, and the legislative office of education
oversight. The | 418 |
school will
collect and provide
any data that the
legislative | 419 |
office of education oversight requests in
furtherance
of any study | 420 |
or research that the general assembly requires the
office to | 421 |
conduct, including the studies required under Section
50.39
of Am. | 422 |
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of | 423 |
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended. | 424 |
(15) A financial plan detailing an estimated school budget | 432 |
for each year
of the period of the contract and specifying the | 433 |
total estimated per pupil
expenditure amount for each such year. | 434 |
The plan shall specify for
each year the base formula amount
that | 435 |
will be used for purposes of funding calculations under section | 436 |
3314.08
of the Revised Code. This base formula amount for any | 437 |
year shall not exceed
the formula amount defined under section | 438 |
3317.02
of the Revised Code. The plan may also
specify for any | 439 |
year a percentage figure to be used for reducing the per pupil | 440 |
amount of disadvantaged pupil impact aid calculated pursuant to | 441 |
section 3317.029 of the Revised Code the school is to
receive that | 442 |
year under section 3314.08 of the Revised Code. | 443 |
(17) Whether the school is to be created by
converting all | 447 |
or part of an existing public school or is to be a new start-up | 448 |
school, and if it is a converted public school, specification of | 449 |
any duties or
responsibilities of an employer that the board of | 450 |
education that operated the
school before conversion is delegating | 451 |
to the governing board of the community
school with respect to all | 452 |
or any specified group of employees provided the
delegation is not | 453 |
prohibited by a collective bargaining agreement applicable
to such | 454 |
employees; | 455 |
(C) A contract entered into under section 3314.02 of the | 504 |
Revised
Code between a sponsor and the governing
authority of a | 505 |
community school may provide for the community school governing | 506 |
authority to make payments to the sponsor, which is hereby | 507 |
authorized to
receive such payments as set forth in the contract | 508 |
between the governing
authority and the sponsor.
The total amount | 509 |
of such payments for oversight and monitoring of the school shall | 510 |
not exceed three per cent of the total
amount of payments for | 511 |
operating expenses that school receives
from the state. | 512 |
(5) Take steps to intervene in the school's operation to | 530 |
correct problems in the school's overall
performance, declare the | 531 |
school to be on probationary status
pursuant to section 3314.073 | 532 |
of the Revised Code, suspend the
operation of the school pursuant | 533 |
to section 3314.072 of the
Revised Code, or terminate the contract | 534 |
of the school pursuant to
section 3314.07 of the Revised Code as | 535 |
determined necessary by the
sponsor; | 536 |
(E) At any time during the course of the term of a | 540 |
contract entered into under this section, the sponsor of a | 541 |
community school may, with the approval of the governing authority | 542 |
of the school, extend the duration of the term of that contract to | 543 |
a period of time determined by the sponsor, but not ending earlier | 544 |
than the end of any school year if the sponsor finds that the | 545 |
school's compliance with applicable laws and terms of the contract | 546 |
and the school's progress in meeting the academic goals prescribed | 547 |
in the contract are satisfactory. Any contract that is extended | 548 |
under this division remains subject to the provisions of sections | 549 |
3314.07, 3314.072, and 3314.073 of the Revised Code.
| 550 |
"The .............. (here fill in name of the school) school | 556 |
is a community school established under Chapter 3314. of the | 557 |
Revised Code. The school is a public school and students enrolled | 558 |
in and attending the school are required to take proficiency tests | 559 |
and other examinations prescribed by law. In addition, there may | 560 |
be other requirements for students at the school that are | 561 |
prescribed by law. Students who have been excused from the | 562 |
compulsory attendance law for the purpose of home education as | 563 |
defined by the Administrative Code shall no longer be excused for | 564 |
that purpose upon their enrollment in a community school. For more | 565 |
information about this matter contact the school administration or | 566 |
the Ohio Department of Education." | 567 |
(D)(1) That there will be no discrimination in the admission | 589 |
of
students to the school on the basis of race, creed, color, | 590 |
handicapping
condition, or sex; and
that,except that the | 591 |
governing
authority may establish single-gender schools for the | 592 |
purpose
described in division (G) of this section provided | 593 |
comparable facilities and learning opportunities are offered for | 594 |
both boys and girls. Such comparable facilities and opportunities | 595 |
may be offered for each sex at separate locations. | 596 |
(H) That, except as otherwise provided under division
(B) of | 613 |
this section, if the number of applicants exceeds the capacity | 614 |
restrictions of division (F) of this section, students
shall be | 615 |
admitted by lot from all those submitting applications,
except | 616 |
preference shall be given to students attending the
school the | 617 |
previous year and to students who reside in the district in
which | 618 |
the school is located. Preference may be given to siblings of | 619 |
students attending the school the previous year. | 620 |
(3) At least
ninety
days prior to the
termination or | 646 |
nonrenewal of a contract, the sponsor shall notify
the school
of | 647 |
the proposed action in writing. The notice shall
include the | 648 |
reasons for the proposed action in detail, the
effective date of | 649 |
the termination or nonrenewal, and
a statement
that the
school | 650 |
may, within fourteen days of receiving the notice,
request
an | 651 |
informal hearing before the sponsor. Such request must
be in | 652 |
writing.
The informal hearing shall be held within
seventy
days of | 653 |
the receipt of a request for the hearing.
Promptly
following the | 654 |
informal hearing, the sponsor shall issue
a
written
decision | 655 |
either affirming or rescinding the decision to
terminate
or not | 656 |
renew the contract. | 657 |
(b) If an informal hearing is requested under division | 669 |
(B)(3) of this section and as a result of that hearing the sponsor | 670 |
affirms its decision to terminate the contract, the effective date | 671 |
of the termination specified in the notice issued under division | 672 |
(B)(3) of this section, or if that decision is appealed to the | 673 |
state board under division (B)(4) of this section and the state | 674 |
board affirms that decision, the date established in the | 675 |
resolution of the state board affirming the sponsor's decision. | 676 |
(C) A child attending a community school whose contract has | 677 |
been
terminated,
nonrenewed, or suspended or that closes for
any | 678 |
reason shall
be admitted to
the schools of the district in
which | 679 |
the child is
entitled to attend
under section 3313.64 or
3313.65 | 680 |
of the Revised
Code. Any
deadlines established for the
purpose of | 681 |
admitting
students under section
3313.97 or 3313.98
shall be | 682 |
waived for
students to whom this division
pertains. | 683 |
Sec. 3314.072. The provisions of this section are enacted to | 700 |
promote the public health, safety, and welfare by establishing | 701 |
procedures under which the governing authorities of community | 702 |
schools established under this chapter will be held accountable | 703 |
for their compliance with the terms of the contracts they enter | 704 |
into with their school's sponsors and the law relating to the | 705 |
school's operation. Suspension of the operation of a school | 706 |
imposed under this section is intended to encourage the governing | 707 |
authority's compliance with the terms of the school's contract and | 708 |
the law and is not intended to be an alteration of the terms of | 709 |
that contract. | 710 |
(A) If a sponsor of a community school established under | 711 |
this chapter suspends the operation of that school pursuant to | 712 |
procedures set forth in this section, the governing authority | 713 |
shall not operate that school while the suspension is in effect. | 714 |
Any such suspension shall remain in effect until the sponsor | 715 |
notifies the governing authority that it is no longer in effect. | 716 |
The contract of a school of which operation is suspended under | 717 |
this section also may be subject to termination or nonrenewal | 718 |
under section 3314.07 of the Revised Code. | 719 |
(B) If at any time
the sponsor of a community school | 720 |
established under this chapter determines that conditions at the | 721 |
school do not comply with a health and safety standard established | 722 |
by law for school buildings, the sponsor shall immediately suspend | 723 |
the operation of the school pursuant to procedures set forth in | 724 |
division (D) of this section.
If the sponsor fails to take action | 725 |
to suspend the operation of a school to which this division | 726 |
applies, the department of education may take such action. | 727 |
(C)(1) For any of the reasons prescribed in division | 728 |
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the | 729 |
sponsor of a community school established under this chapter may | 730 |
suspend the operation of the school only if it first issues to the | 731 |
governing authority notice of the sponsor's intent to suspend the | 732 |
operation of the contract. Such notice shall explain the reasons | 733 |
for the sponsor's intent to suspend operation of the contract and | 734 |
shall provide the school's governing authority with five business | 735 |
days to submit to the sponsor a proposal to remedy the conditions | 736 |
cited as reasons for the suspension. | 737 |
(2) The sponsor shall promptly review any proposed remedy | 738 |
timely submitted by the governing authority and either approve or | 739 |
disapprove the remedy. If the sponsor disapproves the remedy | 740 |
proposed by the governing authority, if the governing authority | 741 |
fails to submit a proposed remedy in the manner prescribed by the | 742 |
sponsor, or if the governing authority fails to implement the | 743 |
remedy as approved by the sponsor, the sponsor may suspend | 744 |
operation of the school pursuant to procedures set forth in | 745 |
division (D) of this section. | 746 |
(D)(1) If division (B) of this section applies or if the | 747 |
sponsor of a community school established under this chapter | 748 |
decides to suspend the operation of a school as permitted in | 749 |
division (C)(2) of this section, the sponsor shall promptly send | 750 |
written notice to the governing authority stating that the | 751 |
operation of the school is immediately suspended, and explaining | 752 |
the specific reasons for the suspension. The notice shall state | 753 |
that the governing authority has five business days to submit a | 754 |
proposed remedy to the conditions cited as reasons for the | 755 |
suspension or face potential contract termination. | 756 |
Sec. 3314.073. (A) In lieu of termination of a contract or | 763 |
suspension of the operation of a school as provided for in section | 764 |
3314.07 and 3314.072 of the Revised Code, respectively, after | 765 |
consultation with the governing authority of a community school | 766 |
under its sponsorship, if a sponsor finds that any of the | 767 |
conditions prescribed in division (B)(1) of section 3314.07 of the | 768 |
Revised Code apply to the school, the sponsor may declare in | 769 |
written notice to the governing authority that the school is in a | 770 |
probationary status which shall not extend beyond the end of the | 771 |
current school year. The notice shall specify the conditions that | 772 |
warrant probationary status. The sponsor may declare a school to | 773 |
be in such status only if it has received from the governing | 774 |
authority reasonable assurances to the satisfaction of the sponsor | 775 |
that the governing authority can and will take actions necessary | 776 |
to remedy the conditions that have warranted such probationary | 777 |
status as specified by the sponsor. | 778 |
(B) The sponsor shall monitor the actions taken by the | 779 |
governing authority to remedy the conditions that have warranted | 780 |
probationary status as specified by the sponsor and may take over | 781 |
the operation of the school as provided in the contract or may | 782 |
take steps to terminate the contract with the governing authority | 783 |
or to suspend operation of the school if the sponsor at any time | 784 |
finds that the governing authority is no longer able or willing to | 785 |
remedy those conditions to the satisfaction of the sponsor.
| 786 |
Sec. 3314.074. If any community school established under this | 787 |
chapter permanently closes and ceases its operation as a community | 788 |
school, the assets of that school shall be distributed first to | 789 |
private creditors, employees of the school, and the retirement | 790 |
funds of employees of the school who are owed
compensation and | 791 |
then any remaining funds shall be paid to the
state treasury to | 792 |
the credit of the general revenue fund. | 793 |
(1) The board of education of each city, exempted village, | 836 |
and local school district to annually report the number of | 837 |
students entitled to attend school in the district who are | 838 |
enrolled in grades
one through
twelve in a
community school | 839 |
established under this chapter, the number of
students entitled to | 840 |
attend school in the district who are enrolled in
kindergarten in | 841 |
a community school,
the number of those
kindergartners who are | 842 |
enrolled in all-day kindergarten in their
community school,
and | 843 |
for each child,
the
community school in which the child is | 844 |
enrolled. | 845 |
(1) An amount equal to the sum of the amounts obtained when, | 877 |
for each
community school where the district's students are | 878 |
enrolled, the number of the
district's students reported under | 879 |
divisions
(B)(2)(a) and (b) of this section who are
enrolled in | 880 |
grades one through twelve, and one-half the number of
students | 881 |
reported under those divisions who are enrolled in
kindergarten, | 882 |
in that community school
is multiplied by
the base formula amount | 883 |
of that community school
as adjusted by the school district's | 884 |
cost-of-doing-business factor. | 885 |
(4) An amount equal to the sum of the amounts obtained when, | 904 |
for each
community school where the district's students are | 905 |
enrolled, the number of the
district's students enrolled in that | 906 |
community school
who are included in the district's DPIA student | 907 |
count
is multiplied by the per pupil amount of
disadvantaged pupil | 908 |
impact aid the school district receives that
year pursuant
to | 909 |
division (B) or (C) of section 3317.029 of
the
Revised
Code, as | 910 |
adjusted by any DPIA reduction factor of that
community
school.
If | 911 |
the district receives
disadvantaged pupil
impact aid under | 912 |
division (B) of that section,
the per pupil
amount of that aid is | 913 |
the quotient of the amount the district
received under that | 914 |
division divided by the
district's DPIA student count,
as defined | 915 |
in that section.
If
the
district receives
disadvantaged pupil | 916 |
impact aid under division
(C) of section
3317.029 of the Revised | 917 |
Code, the
per pupil
amount
of that aid is
the per pupil dollar | 918 |
amount prescribed for the
district in
division (C)(1) or (2) of | 919 |
that section. | 920 |
(1) An amount equal to the sum of the amounts obtained when | 946 |
the number of students enrolled in grades one through twelve, plus | 947 |
one-half of the kindergarten students in the school,
reported | 948 |
under
divisions (B)(2)(a) and (b) of
this
section who are not | 949 |
receiving special education and related services pursuant
to an | 950 |
IEP for a handicap described in
section
3317.013
of the Revised | 951 |
Code
is
multiplied by the community school's base formula
amount, | 952 |
as
adjusted by the cost-of-doing-business factor of the school | 953 |
district in which the student is
entitled to attend school; | 954 |
(4)
For each student reported under division (B)(2)(d)
of | 982 |
this section as enrolled in vocational education programs or | 983 |
classes that
are described in section 3317.014 of the Revised | 984 |
Code, are provided by the community school,
and are comparable as | 985 |
determined by the superintendent of public instruction to
school | 986 |
district vocational education programs and classes eligible for | 987 |
state
weighted funding under section 3317.014 of the Revised Code, | 988 |
an amount equal to the applicable
vocational education weight | 989 |
times the community school's base formula amount
times the | 990 |
percentage of time the student spends in the vocational education | 991 |
programs or classes. | 992 |
(5) An amount equal to the sum of the amounts obtained
when, | 993 |
for each
school district where the community school's students are | 994 |
entitled to attend
school,
the number of that district's students | 995 |
enrolled in the community
school
who are included in the | 996 |
district's DPIA student count is
multiplied by the per pupil | 997 |
amount of disadvantaged
pupil
impact
aid that school district | 998 |
receives that year pursuant to
division
(B) or (C) of
section | 999 |
3317.029 of the Revised Code, as
adjusted by
any DPIA reduction | 1000 |
factor of the community school.
The
per pupil
amount of
aid shall | 1001 |
be determined as described in
division
(C)(4) of this
section. | 1002 |
(E)(1) If a community school's costs for a fiscal year for a | 1024 |
student
receiving special education and related services pursuant | 1025 |
to an
IEP for a handicap
described in
divisions (B) to
(F) of | 1026 |
section
3317.013 of the
Revised
Code
exceed the threshold | 1027 |
catastrophic cost for serving the student as specified in division | 1028 |
(C)(3)(b) of section 3317.022 of the Revised Code, the school may | 1029 |
submit
to the
superintendent of
public instruction documentation, | 1030 |
as
prescribed
by the
superintendent, of all its costs for that | 1031 |
student. Upon
submission of documentation for a student of the | 1032 |
type and in the
manner prescribed, the department shall pay to the | 1033 |
community
school an amount equal to the school's costs
for the | 1034 |
student in
excess of
the threshold catastrophic costs. | 1035 |
(2) The community school shall only report
under division | 1036 |
(E)(1) of this section, and the department
shall
only pay
for, the | 1037 |
costs of educational expenses and the
related
services
provided to | 1038 |
the student in accordance with the
student's
individualized | 1039 |
education program. Any legal fees, court
costs, or
other costs | 1040 |
associated with any cause of action relating
to the
student may | 1041 |
not be included in the amount. | 1042 |
(F) A community school may apply to the department of | 1043 |
education for
preschool handicapped or gifted unit funding the | 1044 |
school would receive if it were a school district. Upon request | 1045 |
of its
governing authority, a community school that received
unit | 1046 |
funding as a school district-operated school before it became a | 1047 |
community
school shall retain any units awarded to it as a school | 1048 |
district-operated
school provided the school continues to meet | 1049 |
eligibility standards for the
unit. | 1050 |
(J)(1) A community school may borrow money to pay any | 1067 |
necessary
and actual
expenses of the school in anticipation of the | 1068 |
receipt
of any portion of the
payments to be received by the | 1069 |
school
pursuant to division (D) of this
section. The school may | 1070 |
issue
notes to evidence such borrowing
to mature no
later than the | 1071 |
end
of the fiscal year in which such money was borrowed. The | 1072 |
proceeds
of the notes shall be used only for the purposes for | 1073 |
which the
anticipated receipts may be lawfully expended by the | 1074 |
school. | 1075 |
(K) For purposes of determining the
number of students for | 1079 |
which divisions
(D)(5) and
(6) of this section applies in
any | 1080 |
school year, a community school may submit to
the department
of | 1081 |
job and family services, no
later than the first day of
March,
a | 1082 |
list of the students enrolled in the
school. For each student
on | 1083 |
the list, the community school shall indicate the
student's
name, | 1084 |
address, and date of birth and the school district where the | 1085 |
student is entitled to attend school. Upon receipt of a list | 1086 |
under this
division, the department
of
job and family services | 1087 |
shall determine,
for each school district where one or more | 1088 |
students on the list is entitled
to attend school,
the
number
of | 1089 |
students residing in that school district who were included in the | 1090 |
department's report
under section 3317.10 of the Revised Code.
The | 1091 |
department shall make this
determination on the basis of | 1092 |
information readily available to it. Upon
making this | 1093 |
determination
and no later than ninety days after submission of | 1094 |
the list by the community
school, the department shall report to | 1095 |
the state department of education the
number of students on the | 1096 |
list who reside in each school
district who were included in the | 1097 |
department's report
under section 3317.10 of the Revised Code. In | 1098 |
complying with this division,
the department of job and family | 1099 |
services shall not report
to the state department of
education any | 1100 |
personally identifiable information on any student. | 1101 |
(L) The department
of education shall adjust the amounts | 1102 |
subtracted and paid under divisions (C) and (D) of this
section to | 1103 |
reflect any enrollment of students in community schools for less | 1104 |
than the equivalent of a full school year. The state board of | 1105 |
education within ninety
days after the effective date of this | 1106 |
amendment shall adopt in
accordance with Chapter 119. of the | 1107 |
Revised Code rules governing
the payments to community schools | 1108 |
under this section including
initial payments in a school year and | 1109 |
adjustments and reductions
made in subsequent periodic payments to | 1110 |
community schools and
corresponding deductions from school | 1111 |
district accounts as provided
under divisions (C) and (D) of this | 1112 |
section. For
purposes of this
section, a: | 1113 |
(2) A student shall be considered to be enrolled in a | 1118 |
community school during a school year for the period of time | 1119 |
between the date on which the school both has received | 1120 |
documentation of the student's enrollment from a parent and has | 1121 |
commenced participation in learning opportunities as defined in | 1122 |
the contract with the sponsor. For purposes of
applying this | 1123 |
division to a community school student, "learning
opportunities" | 1124 |
shall be defined in the contract, which shall
describe both | 1125 |
classroom-based and non-classroom-based learning
opportunities and | 1126 |
shall be in compliance with criteria and
documentation | 1127 |
requirements for student participation which shall
be established | 1128 |
by the department. Any student's instruction time
in | 1129 |
non-classroom-based learning opportunities shall be certified
by | 1130 |
an employee of the community school. A student's enrollment
shall | 1131 |
be considered to cease on the date on which any of the following | 1132 |
occur: | 1133 |
(N) Beginning with the school year that starts on July 1, | 1150 |
2001, in accordance with policies adopted jointly by the | 1151 |
superintendent of public instruction,and the auditor of state, | 1152 |
the
department shall reduce the amounts otherwise payable
under | 1153 |
division (D) of this section to any internet or
computer-based | 1154 |
community school that includes in its program the
provision of | 1155 |
computer hardware and software materials to each
student, if such | 1156 |
hardware and software materials have not been
delivered, | 1157 |
installed, and activated for all students in a timely manner or | 1158 |
other educational materials or services have not been provided | 1159 |
according to the contract between the individual community school | 1160 |
and its sponsor. | 1161 |
(O)(1) If the department determines that a review of a | 1171 |
community school’s enrollment is necessary, such review shall be | 1172 |
completed and written notice of the findings shall be provided to | 1173 |
the governing authority of the community school and its sponsor | 1174 |
within ninety days of the end of the community school’s fiscal | 1175 |
year, unless extended for a period not to exceed thirty additional | 1176 |
days for one of the following reasons: | 1177 |
(B) Except as provided in section 3314.091 of the
Revised | 1213 |
Code, the board of
education of each
city, local, and
exempted | 1214 |
village school district shall provide
transportation to
and from | 1215 |
school for its district's native students
enrolled in
a
community | 1216 |
school located in that district or another district on
the
same | 1217 |
basis
that it
provides transportation for its native
students | 1218 |
enrolled in
schools
to which
they are assigned by the
board of | 1219 |
education at the same grade level and who
live the same
distance | 1220 |
from school except when, in the judgment of the
board,
confirmed | 1221 |
by the state board of education,
the transportation is
unnecessary | 1222 |
or unreasonable. A board shall not be
required to
transport | 1223 |
nonhandicapped
students to and from a community school
located in | 1224 |
another school district if the transportation would
require more | 1225 |
than thirty
minutes of direct travel time as measured
by school | 1226 |
bus from the collection
point designated by the
district's | 1227 |
coordinator of school transportationin accordance with section | 1228 |
3327.01 of the Revised Code. | 1229 |
(C) Where it is impractical to transport a pupil to and from | 1230 |
a
community school by school conveyance, a board may, in lieu of | 1231 |
providing the transportation, pay a parent, guardian, or other | 1232 |
person in charge of the child. The amount paid per pupil shall
in | 1233 |
no event exceed the average transportation cost per pupil,
which | 1234 |
shall be based on the cost of transportation of children
by all | 1235 |
boards of education in this state during the next
preceding year. | 1236 |
Sec. 3314.091.
(A) A school district is not required to | 1237 |
provide
transportation
for any native student enrolled in a | 1238 |
community school if the district board
of education has entered | 1239 |
into an agreement with the
community school's governing authority | 1240 |
that designates the
community school as responsible for providing | 1241 |
or arranging for the
transportation of the district's native | 1242 |
students to and from the community
school. For any such
agreement | 1243 |
to be effective, it must be certified by the
superintendent of | 1244 |
public instruction
as having met
bothall of the following | 1245 |
requirements: | 1246 |
(B)(1) A community school governing
boardauthority that | 1257 |
enters into
an agreement to provide transportation under this | 1258 |
section shall
provide or arrange transportation free of any charge | 1259 |
for each of
its enrolled students
in grades kindergarten through | 1260 |
eight who
live more than two miles from the school,
except that | 1261 |
the
governing board may make a payment in lieu of providing | 1262 |
transportation to the parent, guardian, or person in charge of the | 1263 |
student at the same rate as specified for a school district board | 1264 |
in division (C) of section 3314.09 of the Revised Code
if the | 1265 |
drive time measured by the vehicle specified by the school
for | 1266 |
transporting
the students
from the student's
residence to the | 1267 |
school is more than thirty minuteseligible for transportation as | 1268 |
specified in section 3327.01 of the Revised Code.
The | 1269 |
The governing
boardauthority may
provide or arrange | 1270 |
transportation for any other enrolled student
who is not eligible | 1271 |
for transportation
and may charge a fee
for such service
up to the | 1272 |
actual cost of the service.
The governing
board
may
request the | 1273 |
payment specified under division (C) of this section
for any | 1274 |
student it transports, for whom it arranges
transportation, or for | 1275 |
whom it makes a payment in lieu of
providing transportation if the | 1276 |
student lives more than one mile
from the community school or is | 1277 |
disabled and the individual
education program requires | 1278 |
transportation. | 1279 |
(C)(1) If a school district board and a community school | 1286 |
governing authority elect to enter into an
agreement
under this | 1287 |
section, the department of education annually shall pay
the | 1288 |
community school the amount specified in division (C)(2) of this | 1289 |
section
for each of the enrolled
students for whom the school's | 1290 |
governing
authority provides or arranges
transportation to and | 1291 |
from school.
The department shall deduct the payment from the | 1292 |
state payment under Chapter 3317. and, if
necessary, sections | 1293 |
321.14 and 323.156 of the Revised Code that is otherwise paid to | 1294 |
the school district in which the student enrolled in the community | 1295 |
school resides.
The
department shall
include the number of the | 1296 |
district's native
students for whom
payment is made to a community | 1297 |
school under this division in the
calculation of the
district's | 1298 |
transportation payment under
division
(D) of section
3317.022 of | 1299 |
the Revised Code. | 1300 |
A community school shall be paid under this division only for | 1301 |
students who
live more than one mile from the schoolare eligible | 1302 |
as specified in section 3327.01 of the Revised Code or who are | 1303 |
disabled and whose individualized education program requires | 1304 |
transportation and whose
transportation
to and from school is | 1305 |
actually provided or arranged
or for whom a payment in lieu of | 1306 |
transportation is made by the
community school's governing | 1307 |
authority.
To
qualify for
the
payments, the community school | 1308 |
shall report to
the department, in
the form
and
manner required | 1309 |
by the department, data
on the
number of students transported or | 1310 |
whose transportation is
arranged, the
number of miles traveled, | 1311 |
cost to transport, and any
other information requested by the | 1312 |
department. | 1313 |
A community school shall use payments received under this | 1314 |
division solely
to pay the costs of providing or arranging for the | 1315 |
transportation of students who
live more than one mile from the | 1316 |
schoolare eligible as specified in section 3327.01 of the Revised | 1317 |
Code or who are disabled and whose individualized education | 1318 |
program requires transportation, which may
include payments to a | 1319 |
parent, guardian,
or other
person in charge
of a child in lieu of | 1320 |
transportation. | 1321 |
(b) In fiscal year 2003 and every fiscal year thereafter, | 1331 |
the amount specified in division (C)(2)(a) of this section | 1332 |
multiplied by the negative or positive percentage of change | 1333 |
reported in the consumer price index (all urban consumers, | 1334 |
transportation) by the bureau of labor statistics of the United | 1335 |
States department of labor from the beginning of the calendar year | 1336 |
that ended just prior to the beginning of the fiscal year to the | 1337 |
end of that calendar yearterms of the agreement entered into | 1338 |
under this section. | 1339 |
(D) Except when arranged through payment to a parent, | 1340 |
guardian,
or person in charge of a child, transportation provided | 1341 |
or arranged for by a
community school
pursuant to an agreement | 1342 |
under this section is subject to all
provisions of the Revised | 1343 |
Code, and all rules adopted under
the Revised
Code, pertaining to | 1344 |
the
construction,
design, equipment, and
operation of school buses | 1345 |
and other vehicles
transporting students
to and from school. The | 1346 |
drivers and
mechanics of the vehicles are
subject to all | 1347 |
provisions of the
Revised Code, and all rules
adopted under the | 1348 |
Revised Code, pertaining to
drivers
and mechanics of such | 1349 |
vehicles. The community school also shall
comply
with sections | 1350 |
3313.201, 3327.09, and 3327.10 and division
(B)
of section 3327.16 | 1351 |
of the Revised Code as if it were a
school
district. For purposes | 1352 |
of complying with section 3327.10 of the
Revised Code, the | 1353 |
educational
service center that serves the
county in which the | 1354 |
community
school is located shall be the
certifying agency, unless | 1355 |
the
agreement designates the school
district as the certifying | 1356 |
agency. | 1357 |
Sec. 3314.11. The department of education shall establish | 1358 |
the
state
office of
school optionscommunity schools to provide | 1359 |
advice and services for the community schools program, established | 1360 |
pursuant to
Chapter 3314. of the Revised Code, and the pilot | 1361 |
project scholarship program,
established pursuant to sections | 1362 |
3313.974 to 3313.979 of the Revised Code.
The
office shall | 1363 |
provide services that facilitate the
management of the community | 1364 |
schools program
and the pilot project scholarship
program, | 1365 |
including providing technical assistance and
information to | 1366 |
persons or groups considering proposing a community school, to | 1367 |
governing authorities of community schools, and to public entities | 1368 |
sponsoring or considering sponsoring a community school. | 1369 |
(C) If a student for whom payment
is made under division (B) | 1391 |
of this section is entitled to
attend school in a district that | 1392 |
receives any payment
for all-day kindergarten under division (D) | 1393 |
of section 3317.029 of the
Revised Code, the department shall | 1394 |
deduct the payment to the community school under this section
from | 1395 |
the amount paid that school district under that division.
If that | 1396 |
school district does not receive payment for all-day
kindergarten | 1397 |
under that division because it does not provide all-day | 1398 |
kindergarten, the department shall pay the community school from | 1399 |
state
funds appropriated generally for disadvantaged pupil impact | 1400 |
aid. | 1401 |
Sec. 3314.011. Sec. 3314.16. Every community school established | 1407 |
under this
chapter shall have a designated fiscal officer. The | 1408 |
auditor of state
may require by rule that the fiscal officer of | 1409 |
any community school,
before entering upon duties as fiscal | 1410 |
officer of the school, execute a
bond in an amount and with surety | 1411 |
to be approved by the governing
authority of the school, payable | 1412 |
to the state, conditioned for the
faithful performance of all the | 1413 |
official duties required of the
fiscal officer. Any such bond | 1414 |
shall be deposited with the
governing authority of the school, and | 1415 |
a copy thereof, certified
by the governing authority, shall be | 1416 |
filed with the county
auditor. | 1417 |
(B) The rules adopted by the state board of education
under | 1430 |
section 3301.0714 of the Revised Code may distinguish
methods and | 1431 |
timelines for community schools to annually report
data, which | 1432 |
methods and timelines differ from those prescribed for
school | 1433 |
districts. Any methods and timelines prescribed for
community | 1434 |
schools shall be appropriate to the academic schedule
and | 1435 |
financing of community schools. The guidelines, however,
shall | 1436 |
not modify the actual data required to be reported under
that | 1437 |
section. | 1438 |
(C) Each financial officer appointed under section 3314.16 | 1439 |
of the Revised Code is responsible for annually reporting the | 1440 |
community school's data under section 3301.0714 of the Revised | 1441 |
Code. If the superintendent of public instruction determines that | 1442 |
a community school financial officer has willfully failed to | 1443 |
report data or has willfully reported erroneous, inaccurate, or | 1444 |
incomplete data in any year, or has negligently reported | 1445 |
erroneous, inaccurate, or incomplete data in the current and any | 1446 |
previous year, the superintendent may impose a civil penalty of | 1447 |
one hundred dollars on the financial officer after providing the | 1448 |
officer with notice and an opportunity for a hearing in accordance | 1449 |
with Chapter 119. of the Revised Code. The superintendent's | 1450 |
authority to impose civil penalties under this division does not | 1451 |
preclude the state board of education from suspending or revoking | 1452 |
the license of a community school employee under division (N) of | 1453 |
section 3301.0714 of the Revised Code.
| 1454 |
(C) The department of education may make a loan from the | 1467 |
fund created in division (B) of this section to the governing | 1468 |
authority or the sponsor of any start-up community school upon | 1469 |
approval of the loan by the superintendent of public instruction. | 1470 |
Moneys loaned from the fund shall be used only to pay the costs | 1471 |
associated with any provision of the school's contract. A | 1472 |
start-up community school may receive more than one loan from the | 1473 |
fund; however, no school shall receive a cumulative loan amount | 1474 |
throughout the term of the school's contract that is greater than | 1475 |
two hundred fifty thousand dollars. | 1476 |
(G) Commencing in the first fiscal year that next | 1498 |
succeeds the fiscal year that a community school receives a loan | 1499 |
under this section, the department shall deduct from the periodic | 1500 |
payments made to the school under section 3314.08 of the Revised | 1501 |
Code a prorated amount of the annual repayment amount due under | 1502 |
the loan. The amount deducted from a school's periodic payments | 1503 |
under this division that is attributed to the principal of the | 1504 |
loan shall be deposited into the fund created in division (A) of | 1505 |
this section. The amount deducted from a school's periodic | 1506 |
payments under this division that is attributed to the interest on | 1507 |
the loan shall be deposited into the fund created in section | 1508 |
3314.31 of the Revised Code. The repayment period for any loan | 1509 |
made under this section shall not exceed five consecutive fiscal | 1510 |
years. | 1511 |
Sec. 3314.31. There is hereby created in the state treasury | 1518 |
the community school security fund. The fund shall consist of | 1519 |
moneys paid into the fund under division (G) of section 3314.30 of | 1520 |
the Revised Code and any other moneys that the general assembly | 1521 |
appropriates for the fund. Moneys in the fund shall be paid into | 1522 |
the fund created in division (A) of section 3314.30 of the Revised | 1523 |
Code in the case of default on a loan made under section 3314.30 | 1524 |
of the Revised Code in an amount up to the amount of such
default. | 1525 |
(A) The superintendent of each city and exempted
village | 1530 |
school district and of each educational service center shall,
for | 1531 |
the schools under the superintendent's supervision,
certify to the | 1532 |
state board of
education on or before the fifteenth day of October | 1533 |
in each year for
the first full school week in October the formula | 1534 |
ADM,
which shall consist of the average daily membership during | 1535 |
such week of the
sum of the following: | 1536 |
(3) One-fourth of the number of students enrolled in a joint | 1574 |
vocational school district or under a vocational education | 1575 |
compact,
excluding any students
entitled to attend school in the | 1576 |
district under section 3313.64 or
3313.65 of the Revised Code who | 1577 |
are enrolled in another
school district through an open enrollment | 1578 |
policy as reported under
division (A)(2)(d) of this section and | 1579 |
then enroll in
a joint vocational school district or under a | 1580 |
vocational education
compact; | 1581 |
(4) The number of handicapped children, other than | 1582 |
handicapped preschool children, entitled to attend school in the | 1583 |
district pursuant to section 3313.64 or 3313.65 of the
Revised | 1584 |
Code who are placed with a
county MR/DD board, minus the
number of | 1585 |
such children placed with a county
MR/DD board in fiscal year | 1586 |
1998. If this calculation produces a negative number, the
number | 1587 |
reported under division
(A)(4) of this section shall be
zero. | 1588 |
(3) The number of children entitled to attend school in
the | 1604 |
district pursuant to section 3313.64 or 3313.65 of the
Revised | 1605 |
Code who are participating in a
pilot project scholarship program | 1606 |
established under sections
3313.974 to 3313.979 of the Revised | 1607 |
Code as described in division
(I)(2)(a) or (b) of this section, | 1608 |
are enrolled in a college under Chapter
3365. of the Revised Code, | 1609 |
except when the
student is enrolled in the college while also | 1610 |
enrolled in a community school
pursuant to Chapter 3314. of the | 1611 |
Revised Code, are enrolled in an adjacent or
other school district | 1612 |
under section 3313.98 of the Revised Code,
are enrolled in a | 1613 |
community school
established under Chapter 3314.
of the Revised | 1614 |
Code, including any participation in a college
pursuant to Chapter | 1615 |
3365. of the Revised Code while enrolled in such community
school, | 1616 |
or are participating in a
program operated by a county MR/DD board | 1617 |
or a state
institution; | 1618 |
(C)(1) Except as otherwise provided in this section for | 1694 |
kindergarten students, the average daily membership in divisions | 1695 |
(B)(1) to
(12) of this section shall be based
upon the number
of | 1696 |
full-time equivalent students. The state board of
education
shall | 1697 |
adopt rules defining full-time equivalent students and for | 1698 |
determining the average daily membership therefrom
for the | 1699 |
purposes of divisions (A), (B), and
(D) of this section.
No | 1700 |
(2) A student enrolled in a community school established | 1701 |
under Chapter 3314. of the Revised Code shall be counted in the | 1702 |
formula ADM and, if applicable, the category one, two, three, | 1703 |
four, five, or six
special education ADM of the school district in | 1704 |
which the student
is entitled to attend school under section | 1705 |
3313.64 or 3313.65 of
the Revised Code for the same proportion of | 1706 |
the school year that
the student is counted in the enrollment of | 1707 |
the community school
for purposes of section 3314.08 of the | 1708 |
Revised Code. | 1709 |
(1)(a) A child with a handicap described in section 3317.013 | 1714 |
of
the Revised Code may be
counted both in formula
ADM and in | 1715 |
category one, two,
three,
four, five, or six
special education | 1716 |
ADM and, if applicable, in
category one or two
vocational | 1717 |
education
ADM. As provided in
division (C) of section
3317.02 of | 1718 |
the Revised Code,
such a child
shall be counted in
category one, | 1719 |
two,
three, four, five, or
six special education
ADM in the same | 1720 |
proportion that the child is
counted in formula
ADM. | 1721 |
(2)(b) A child enrolled in vocational education programs or | 1722 |
classes described
in section 3314.014 of the Revised Code may be | 1723 |
counted both in formula ADM and
category one or two vocational | 1724 |
education ADM and, if applicable, in
category one, two,
three, | 1725 |
four, five, or six
special education ADM. Such a child
shall be | 1726 |
counted in category
one or two vocational education ADM in
the | 1727 |
same proportion as the
percentage of time that the child spends in | 1728 |
the
vocational
education programs or classes. | 1729 |
(D)(1) The superintendent of each joint vocational school | 1734 |
district
shall certify to
the superintendent of public instruction | 1735 |
on or before the fifteenth
day of October in each year for the | 1736 |
first full school week in
October the formula ADM, which shall | 1737 |
consist of
the average daily
membership during such week, on an | 1738 |
FTE basis, of the
number of
students receiving any educational | 1739 |
services from the district,
except that the following categories | 1740 |
of students shall not be
included in the determination: | 1741 |
(E) In each school of each city, local, exempted village, | 1790 |
joint vocational, and cooperative education school district there | 1791 |
shall be maintained a record of school membership, which record | 1792 |
shall accurately show, for each day the school is in session, the | 1793 |
actual membership enrolled in regular day classes. For the | 1794 |
purpose of determining average daily membership, the membership | 1795 |
figure of any school shall not include any pupils except those | 1796 |
pupils described by division (A) of this section. The
record of | 1797 |
membership for each school shall be maintained in such
manner that | 1798 |
no pupil shall be counted as in membership prior to
the actual | 1799 |
date of entry in the school and also in such
manner that where for | 1800 |
any cause a pupil permanently withdraws
from the school that pupil | 1801 |
shall not be counted as in
membership from and
after the date of | 1802 |
such withdrawal. There shall not be included
in the membership of | 1803 |
any school any of the following: | 1804 |
Except as provided in
divisiondivisions (B)(2)
and (F) of | 1832 |
this section,
the
average daily membership figure of any local, | 1833 |
city,
exempted
village, or joint vocational school district shall | 1834 |
be
determined
by dividing
the figure representing the sum of the | 1835 |
number of
pupils enrolled during each
day the school of attendance | 1836 |
is
actually open for
instruction during the first full school week | 1837 |
in
October by the total number
of days the school was actually | 1838 |
open
for instruction during that
week. For purposes of state | 1839 |
funding,
"enrolled" persons are only
those pupils who are | 1840 |
attending school,
those who have attended
school during the | 1841 |
current school year and
are absent for
authorized reasons, and | 1842 |
those handicapped children
currently
receiving home instruction. | 1843 |
(F)(1) If the formula ADM for the first full school
week in | 1847 |
February is at
least three per cent greater than that certified | 1848 |
for the first
full school week in the preceding October, the | 1849 |
superintendent of
schools of any city, exempted village, or joint | 1850 |
vocational school district
or educational service center shall | 1851 |
certify such increase to the
superintendent of public
instruction. | 1852 |
Such certification shall be submitted no later than
the fifteenth | 1853 |
day of February. For the balance of the fiscal
year, beginning | 1854 |
with the February payments, the superintendent of
public | 1855 |
instruction shall use the increased formula
ADM in calculating or | 1856 |
recalculating the amounts to be allocated in
accordance with | 1857 |
section 3317.022 or 3317.16 of
the Revised
Code. In no event | 1858 |
shall the superintendent use an increased
membership certified to | 1859 |
the superintendent after the
fifteenth day of February. | 1860 |
(2) If on the first school day of April the total number
of | 1861 |
classes or units for handicapped
preschool children that
are | 1862 |
eligible for approval under division (B) of section 3317.05
of the | 1863 |
Revised Code exceeds the number of units
that have been approved | 1864 |
for the year under that division, the
superintendent of schools of | 1865 |
any city, exempted village,
or cooperative education school | 1866 |
district or educational
service center shall make the | 1867 |
certifications required by this
section for that day. If the | 1868 |
state board of education
determines additional units can be | 1869 |
approved for the
fiscal year within any limitations set forth in | 1870 |
the acts
appropriating moneys for the funding of such units,
the | 1871 |
board shall approve additional units for the fiscal year on
the | 1872 |
basis of such average daily membership. For each unit so | 1873 |
approved, the department of education shall pay an amount
computed | 1874 |
in the manner prescribed in section
3317.052 or 3317.19
and | 1875 |
section
3317.053 of the Revised Code. | 1876 |
(3) If a student attending a community school under Chapter | 1877 |
3314. of the Revised Code is not included in the formula ADM | 1878 |
certified for the first full school week of October for the school | 1879 |
district in which the student is entitled to attend school under | 1880 |
section 3313.64 or 3313.65 of the Revised Code, the department of | 1881 |
education shall adjust the formula ADM of that school district to | 1882 |
include the community school student in accordance with division | 1883 |
(C)(2) of this section, and shall recalculate the school | 1884 |
district's payments under this chapter for the entire fiscal year | 1885 |
on the basis of that adjusted formula ADM. This requirement | 1886 |
applies regardless of whether the student was enrolled, as defined | 1887 |
in division (E) of this section, in the community school during | 1888 |
the first full school week in October. | 1889 |
(G)(1)(a) The superintendent of an institution operating a | 1890 |
special education program pursuant to section 3323.091 of the | 1891 |
Revised Code shall, for the programs under such
superintendent's | 1892 |
supervision,
certify to the state board of education the average | 1893 |
daily
membership of all handicapped children in classes or | 1894 |
programs
approved annually by the state board of education, in the | 1895 |
manner prescribed
by the superintendent of public instruction. | 1896 |
(b) If the state board determines that additional classes
or | 1924 |
units can be
approved for the fiscal year within any
limitations | 1925 |
set forth in
the acts appropriating moneys for the
funding of the | 1926 |
classes and units described in division (G)(3)(a)
of this | 1927 |
section, the board shall approve and
fund
additional units for the | 1928 |
fiscal year on the basis of such average
daily membership. For | 1929 |
each
unit so approved, the department of
education shall pay an | 1930 |
amount
computed in the manner prescribed in
sections
3317.052 and
| 1931 |
3317.053 of the Revised
Code. | 1932 |
(H) Except as provided in division (I)
of this section, when | 1933 |
any city, local, or exempted village school
district provides | 1934 |
instruction for a nonresident pupil whose
attendance is | 1935 |
unauthorized attendance as defined in section
3327.06 of the | 1936 |
Revised Code, that pupil's membership shall not be
included in | 1937 |
that district's membership figure used in the
calculation of that | 1938 |
district's formula
ADM or included in the determination of any | 1939 |
unit approved for
the district under section 3317.05 of the | 1940 |
Revised Code. The
reporting official shall report separately the | 1941 |
average daily
membership of all pupils whose attendance in the | 1942 |
district is
unauthorized attendance, and the membership of each | 1943 |
such pupil
shall be credited to the school district in which the | 1944 |
pupil is
entitled to attend school under division (B) of section | 1945 |
3313.64
or section 3313.65 of the Revised Code as determined by | 1946 |
the
department of education. | 1947 |
(J) The superintendent of each cooperative education school | 1964 |
district shall certify to the superintendent of public | 1965 |
instruction, in a
manner prescribed by the state board of | 1966 |
education, the applicable average
daily memberships for all | 1967 |
students in the cooperative education district, also
indicating | 1968 |
the city, local, or exempted village district where each pupil is | 1969 |
entitled to attend school under section 3313.64 or 3313.65 of the | 1970 |
Revised
Code. | 1971 |
(B) There is hereby established the accelerated urban school | 1975 |
building assistance program. Under the program, notwithstanding | 1976 |
section
3318.02 of the Revised Code, any big-eight school district | 1977 |
that has not been approved to receive assistance under sections | 1978 |
3318.01
to 3318.20 of the Revised Code by July 1, 2002, may | 1979 |
beginning on that date apply for approval of and be approved for | 1980 |
such
assistance. Except as otherwise provided in this section, | 1981 |
any project
approved and
undertaken pursuant to this section shall | 1982 |
comply with all provisions of
sections 3318.01 to 3318.20 of the | 1983 |
Revised Code. | 1984 |
(b) Beginning July 1, 2002, any big-eight school
district | 1993 |
eligible for assistance under this section may apply to the | 1994 |
commission for
conditional approval of its project as determined | 1995 |
by the assessment
conducted under division (B)(1)(a) of this | 1996 |
section.
The
commission may conditionally approve that project | 1997 |
and submit it to the
controlling board for approval pursuant to | 1998 |
section 3318.04 of the Revised Code. | 1999 |
(3) Notwithstanding any provision to the contrary in | 2007 |
sections
3318.05, 3318.06, and 3318.08 of the Revised Code, a | 2008 |
big-eight
school district eligible for assistance under this | 2009 |
section may with the
approval of the commission opt to divide the | 2010 |
project as approved under
division (B)(1)(b) of this section into | 2011 |
discrete
segments
to be completed sequentially. Any project | 2012 |
divided into segments shall comply
with all other provisions of | 2013 |
sections 3318.05, 3318.06, and 3318.08 of the Revised Code
except | 2014 |
as otherwise specified in this division. | 2015 |
(b) The state's proportionate share, as determined under | 2021 |
section
3318.032 of the Revised Code, of only the segment which | 2022 |
has
been
approved by the school district electors or for which the | 2023 |
district has applied
a local donated contribution under section | 2024 |
3318.084 of the Revised
Code shall be encumbered at
any one time. | 2025 |
Encumbrance of additional amounts to cover the
state's | 2026 |
proportionate share of later segments shall be approved
separately | 2027 |
as they are approved by the school district electors or as the | 2028 |
district applies a local donated contribution to the segments | 2029 |
under section
3318.084 of the Revised Code. If the
state's share | 2030 |
of any one segment exceeds twenty-five million dollars, | 2031 |
encumbrance of that share is subject to the provisions of section | 2032 |
3318.11
of the Revised Code. | 2033 |
(B) There is hereby established the community school | 2050 |
classroom facilities loan guarantee program. Under the program, | 2051 |
the Ohio school facilities commission may guarantee for up to | 2052 |
fifteen
years up to eighty-five per cent of the sum of the | 2053 |
principal and interest on a loan made to the governing authority | 2054 |
of a
start-up
community school established under Chapter 3314. of | 2055 |
the
Revised
Code for the sole purpose of assisting the governing | 2056 |
boardauthority
in
acquiring, improving, or replacing classroom | 2057 |
facilities for the
community school
by
lease,
purchase, remodeling | 2058 |
of existing
facilities, or any
other
means
except byincluding new | 2059 |
construction. | 2060 |
The commission shall not make any loan guarantee under this | 2061 |
section unless the commission has determined both that the | 2062 |
applicant is creditworthy and that the classroom facilities
meet | 2063 |
specifications established by the commission under section 3318.51 | 2064 |
of the Revised Codethat have been acquired,
improved, or replaced | 2065 |
under the loan meet applicable health and
safety standards | 2066 |
established by law for school buildings or those
facilities that | 2067 |
will be acquired, improved, or replaced under the
loan will meet | 2068 |
such standards. | 2069 |
(F)(E) Not later than ninety days after
the effective date | 2082 |
of
this sectionSeptember 5, 2001, the commission shall adopt | 2083 |
rules
that prescribe loan
standards and procedures consistent with | 2084 |
this
section that are
designed to protect the state's interest in | 2085 |
any
loan guaranteed by
this section and to ensure that the state | 2086 |
has a
reasonable chance
of recovering any payments made by the | 2087 |
state in
the event of a
default on any such loan. | 2088 |
Sec. 3318.53. There is hereby established the community | 2089 |
school classroom facilities support program. Under the program, | 2090 |
in any fiscal year that the general assembly appropriates moneys | 2091 |
specifically for such purpose, the Ohio school facilities | 2092 |
commission shall pay a stipend to each start-up community school | 2093 |
then currently chartered under Chapter 3314. of the Revised Code. | 2094 |
The stipend to each school shall be an amount equal to four | 2095 |
hundred fifty dollars times the number of students served by the | 2096 |
school in the year that the stipend is paid. The governing | 2097 |
authority of each community school may use the moneys paid under | 2098 |
this section to help defray any rental or loan payments the | 2099 |
authority makes for classroom facilities used by the community | 2100 |
school. | 2101 |
In all city, local, and exempted village school districts | 2107 |
where resident school pupils in grades kindergarten through eight | 2108 |
live more than two miles from the school for which the state
board | 2109 |
of education prescribes minimum standards pursuant to
division (D) | 2110 |
of section 3301.07 of the Revised Code and to which
they are | 2111 |
assigned by the board of education of the district of
residence or | 2112 |
to and from the nonpublic
or community school which they attend | 2113 |
the board of education shall provide transportation for such | 2114 |
pupils to and from such school except
when, in the judgment of | 2115 |
such board, confirmed by the state board of education, such | 2116 |
transportation is unnecessary or unreasonableas provided in | 2117 |
section 3327.02 of the Revised Code. | 2118 |
In all city, local, and exempted village school districts
the | 2119 |
board may provide transportation for resident school pupils
in | 2120 |
grades nine through twelve to and from the high school to
which | 2121 |
they are assigned by the board of education of the district
of | 2122 |
residence or to and from the
non-publicnonpublic or community | 2123 |
high school which they
attend for which the state board of | 2124 |
education prescribes minimum
standards pursuant to division (D) of | 2125 |
section 3301.07 of the
Revised Code. | 2126 |
A board of education shall not be required to transport | 2129 |
elementary or high school pupils to and from a
non-public | 2130 |
nonpublic or community school
where such transportation would | 2131 |
require more than thirty minutes
of direct travel time as measured | 2132 |
by school bus from the
collection point as designated by the | 2133 |
coordinator of school
transportation, appointed under section | 2134 |
3327.011 of the Revised
Code, for the attendance area of the | 2135 |
district of residence. | 2136 |
Where it is impractical to transport a pupil by school | 2137 |
conveyance, a board of education may
offer payment, in lieu of | 2138 |
providing such
transportation, pay a parent, guardian, or other | 2139 |
person in charge
of such child, an amount per pupil which shall in | 2140 |
no event exceed
the average transportation cost per pupil, such | 2141 |
average cost to
be
based on the cost of transportation of children | 2142 |
by all boards
of
education in this state during the next preceding | 2143 |
yearin accordance with section 3327.02 of the Revised Code. | 2144 |
In all city, local, and exempted village school districts
the | 2145 |
board shall provide transportation for all children who are
so | 2146 |
crippled that they are unable to walk to and from the school
for | 2147 |
which the state board of education prescribes minimum
standards | 2148 |
pursuant to division (D) of section 3301.07 of the
Revised Code | 2149 |
and which they attend. In case of dispute whether
the child is | 2150 |
able to walk to and from the school, the health
commissioner shall | 2151 |
be the judge of such ability. In all city,
exempted village, and | 2152 |
local school districts the board shall
provide transportation to | 2153 |
and from school or special education
classes for educable mentally | 2154 |
retarded children in accordance
with standards adopted by the | 2155 |
state board of education. | 2156 |
Sec. 3327.02. If the board of education of a local school | 2171 |
district deems the transportation, required under any law, of | 2172 |
certain children to school by school conveyances impracticable
and | 2173 |
if it is unable to secure a reasonable offer for the | 2174 |
transportation of such children the local board shall so report
to | 2175 |
the county board(A) After considering each of the following | 2176 |
factors, the board of education of a city, exempted village, or | 2177 |
local school district may determine that it is impractical to | 2178 |
transport a pupil who is eligible for transportation to and from a | 2179 |
school under section 3327.01 of the Revised Code: | 2180 |
(3) The board of education of a local school district | 2199 |
additionally shall submit the resolution for concurrence to the | 2200 |
educational service center that contains the local district's | 2201 |
territory. If the
countyeducational service center governing | 2202 |
board
deems suchconsiders transportation by school conveyance | 2203 |
practicable
or the offers
reasonable, it shall so inform the local | 2204 |
board and transportation
shall be provided by such local board.
If | 2205 |
the
countyeducational service center board
agrees with the
view | 2206 |
of the local board
it is compliance with
section 3327.01 of
the | 2207 |
Revised Code, by such local board if such
board agrees to pay
the | 2208 |
parent or other person in charge of the
child for the | 2209 |
transportation of such child to school at a rate
determined for | 2210 |
the particular case by, the local board
for each
day of actualmay | 2211 |
offer payment in lieu of transportation
as provided in this | 2212 |
section. | 2213 |
(D) If the parent, guardian, or other person in charge of | 2239 |
the pupil accepts the offer of payment in lieu of providing | 2240 |
transportation, the board shall pay the parent, guardian, or other | 2241 |
person in charge of the child an amount that shall be no less than | 2242 |
the amount determined by the department of education as the | 2243 |
minimum for payment in lieu of transportation, and no more than | 2244 |
the amount determined by the department as the average cost of | 2245 |
pupil transportation for the previous school year. Payment may be | 2246 |
prorated if the time period involved is only a part of the school | 2247 |
year. | 2248 |
(F)(1) If the department determines that a school district | 2264 |
board has failed or is failing to provide transportation as | 2265 |
required by division (E)(2) of this section or as ordered by the | 2266 |
state board under division (E)(1)(b) of this section, the | 2267 |
department shall order the school district board to pay to the | 2268 |
pupil's parent, guardian, or other person in charge of the pupil, | 2269 |
an amount equal to the state average daily cost of transportation | 2270 |
as determined by the state board of education for the previous | 2271 |
year. The school district board shall make payments on a schedule | 2272 |
ordered by the department. | 2273 |
(2) If the department subsequently finds that a school | 2274 |
district board is not in compliance with an order issued under | 2275 |
division (F)(1) of this section and the affected pupils are | 2276 |
enrolled in a nonpublic or community school, the department shall | 2277 |
deduct the amount that the board is required to pay under that | 2278 |
order from any payments the department makes to the school | 2279 |
district board under division (D) of section 3317.022 of the | 2280 |
Revised Code. The department shall use the moneys so deducted to | 2281 |
make payments to the nonpublic or community school attended by the | 2282 |
pupil. The department shall continue to make the deductions and | 2283 |
payments required under this division until the school district | 2284 |
board either complies with the department’s order issued under | 2285 |
division (F)(1) of this section or begins providing | 2286 |
transportation. | 2287 |
Sec. 3365.08. (A) A college that expects to receive or | 2297 |
receives reimbursement under section 3365.07 of the Revised Code | 2298 |
shall furnish to a participant all textbooks and materials | 2299 |
directly related to a course taken by the participant under | 2300 |
division (B) of section 3365.04 of the Revised Code. No college | 2301 |
shall charge such participant for tuition, textbooks, materials, | 2302 |
or other fees directly related to any such course. | 2303 |
(C) If a school district provides transportation for | 2307 |
resident school students in grades eleven and twelve under
section | 2308 |
3327.01 of the Revised Code, a parent of a pupil enrolled
in a | 2309 |
course under division (B) of section 3365.04 of the Revised
Code | 2310 |
may apply to the board of education for full or partial | 2311 |
reimbursement for the necessary costs of transporting the student | 2312 |
between the secondary school the student attends and the
college | 2313 |
in which the student is enrolled. Reimbursement may
be paid | 2314 |
solely from funds received by the district under division
(D) of | 2315 |
section 3317.022
of the Revised Code. The state board of | 2316 |
education shall
establish guidelines, based on financial need, | 2317 |
under which a
district may provide such reimbursement. | 2318 |
(D) If a community school provides or arranges | 2319 |
transportation
for its
pupils in grades nine through twelve under | 2320 |
section 3314.091 of the
Revised Code, a parent of a pupil of the | 2321 |
community school
who is enrolled in a course under division (B) of | 2322 |
section 3365.04 of
the
Revised
Code may apply to the governing | 2323 |
authority of the community school for
full or partial | 2324 |
reimbursement of the necessary costs of
transporting the student | 2325 |
between the community school and the
college. The governing | 2326 |
authority may pay the reimbursement in
accordance with the state | 2327 |
board's rules adopted under division (C)
of this section solely | 2328 |
from funds paid to it under section 3314.091 of the
Revised Code. | 2329 |
Sec. 4117.101. Notwithstanding sections 4117.08 and 4117.10 | 2330 |
of the Revised
Code, no agreement entered into under this chapter | 2331 |
may contain any provision
that in any way limits the effect or | 2332 |
operation of Chapter 3314. of the Revised
Code or limits the | 2333 |
authority of a school district board of education,
or the | 2334 |
governing board of an educational service center described in | 2335 |
division (C)(1)(e)(d) of section 3314.02
of the Revised Code, to | 2336 |
enter
into a contract with a community school under that chapter. | 2337 |
However, nothing
in this section shall be construed to prohibit an | 2338 |
agreement entered into
under this chapter from containing | 2339 |
requirements and procedures
governing the reassignment of teachers | 2340 |
who are employed in a
school at the time it is converted to a | 2341 |
community school
pursuant to Chapter 3314. of the Revised
Code and | 2342 |
who do not choose or are not chosen to teach in
that community | 2343 |
school. | 2344 |
Section 2. That existing sections 3313.375,
3313.534, | 2345 |
3314.011, 3314.013,
3314.02,
3314.03,
3314.06, 3314.07, 3314.072, | 2346 |
3314.08,
3314.09, 3314.091, 3314.11, 3314.13,
3317.03, 3318.38, | 2347 |
3318.50, 3327.01, 3327.02, 3365.08, and
4117.101, and section | 2348 |
3314.021
of the
Revised Code
are hereby
repealed. | 2349 |
The foregoing appropriation item 200-420, Technical Systems | 2358 |
Development, shall be used to support the development and | 2359 |
implementation of information technology solutions
designed to | 2360 |
improve the performance
and customer service of the Department of | 2361 |
Education. Funds may be used for personnel, maintenance, and | 2362 |
equipment costs related to the development and implementation of | 2363 |
these technical system projects.
Implementation of these systems | 2364 |
shall allow the department to
provide greater levels of assistance | 2365 |
to school districts and to provide more timely information
to the | 2366 |
public, including school districts, administrators, and | 2367 |
legislators. | 2368 |
There is hereby created the Alternative Education
Advisory | 2370 |
Council, which shall consist of one representative
from each of | 2371 |
the following agencies: the Ohio Department of
Education; the | 2372 |
Department of Youth
Services; the Ohio Department of Alcohol
and | 2373 |
Drug Addiction Services; the
Department of Mental Health; the | 2374 |
Office of
the Governor or, at the Governor's discretion, the | 2375 |
Office of the Lieutenant Governor;
and the
Office of the Attorney | 2376 |
General; and, beginning January 1, 2003, the Office of the Auditor | 2377 |
of State. | 2378 |
Of the foregoing appropriation item 200-421, Alternative | 2379 |
Education Programs, not less than $8,253,031 in each fiscal year | 2380 |
shall be used
for the renewal of successful implementation grants | 2381 |
and for
competitive matching grants to the 21 urban school | 2382 |
districts as
defined in division (O) of section 3317.02 of the | 2383 |
Revised Code as
it
existed prior to July 1, 1998, and not less | 2384 |
than $8,163,031 in each
fiscal
year shall be used for the renewal | 2385 |
of successful implementation of
grants and for competitive | 2386 |
matching grants to rural and suburban
school districts for | 2387 |
alternative educational programs for existing
and new
at-risk and | 2388 |
delinquent youth. Programs shall be focused
on youth in one or | 2389 |
more of the following categories: those who
have been expelled or | 2390 |
suspended,
those who have dropped out of
school or who are at risk | 2391 |
of dropping out of
school, those who are
habitually truant or | 2392 |
disruptive, or those on probation
or on
parole from a Department | 2393 |
of Youth Services
facility. Grants shall
be awarded according to | 2394 |
the criteria established by the
Alternative Education Advisory | 2395 |
Council in 1999. Grants shall
be
awarded only to programs where | 2396 |
the grant would not serve as the
program's
primary source of | 2397 |
funding. These grants shall be
administered by the
Department of | 2398 |
Education. | 2399 |
Of the foregoing appropriation item 200-421, Alternative | 2406 |
Education Programs, up to $480,552 in each fiscal year may
be used | 2407 |
for program
administration, monitoring, technical assistance, | 2408 |
support,
research, and evaluation. Any unexpended balance may be | 2409 |
used to
provide
additional matching grants to urban, suburban, or | 2410 |
rural
school districts as
outlined above. | 2411 |
Of the foregoing appropriation item 200-421, Alternative | 2417 |
Education Programs, up to $700,000 in each fiscal year shall be | 2418 |
used to support Amer-I-Can. Of this set aside, no funds shall be | 2419 |
disbursed without approval of the Controlling Board. Amer-I-Can | 2420 |
programs shall submit to the Controlling Board a biennial spending | 2421 |
plan that delineates how these funds will be spent. Amer-I-can | 2422 |
programs also shall demonstrate to the Controlling Board that they | 2423 |
have hired an independent evaluator and have selected valid and | 2424 |
reliable instruments to assess pre and post changes in student | 2425 |
behavior. | 2426 |
Of the foregoing appropriation item 200-422, School | 2434 |
Management Assistance, $700,000 in fiscal year 2002 and $400,000 | 2435 |
in fiscal year 2003 shall be used by the Auditor of State for | 2436 |
expenses incurred in the Auditor of State's role relating to | 2437 |
fiscal caution activities as defined in Chapter 3316. of the | 2438 |
Revised Code. Expenses include duties related to the completion of | 2439 |
performance audits for school districts that the Superintendent of | 2440 |
Public Instruction determines are employing fiscal practices or | 2441 |
experiencing budgetary conditions that could produce a state of | 2442 |
fiscal watch or fiscal emergency. | 2443 |
The foregoing appropriation item 200-424, Policy Analysis, | 2451 |
shall be used by the Department of Education to support a
system | 2452 |
of administrative, statistical, and legislative education | 2453 |
information to be used for policy analysis. Staff supported by | 2454 |
this appropriation shall administer the development of reports, | 2455 |
analyses, and briefings to inform education policymakers of | 2456 |
current
trends in education practice, efficient and effective use | 2457 |
of
resources, and evaluation of programs to improve education | 2458 |
results. The database shall
be kept current at all times. These | 2459 |
research efforts shall be used to
supply information and analysis | 2460 |
of data to the General Assembly
and other state policymakers, | 2461 |
including the Office of Budget and
Management and the Legislative | 2462 |
Service
Commission. | 2463 |
The Department of Education may use funding from this | 2464 |
appropriation
item to purchase or contract for the development of | 2465 |
software
systems or contract for policy studies that will assist | 2466 |
in
the provision and analysis of policy-related information. | 2467 |
Funding from this appropriation item also may be used to monitor | 2468 |
and enhance quality assurance for research-based policy analysis | 2469 |
and program evaluation to enhance the effective use of education | 2470 |
information to inform education policymakers. | 2471 |
The foregoing appropriation item 200-425, Tech Prep | 2473 |
Administration, shall be used by the Department of Education to | 2474 |
support state-level activities designed to support, promote, and | 2475 |
expand tech prep programs. Use of these funds shall include, but | 2476 |
not be limited to, administration of grants, program evaluation, | 2477 |
professional development, curriculum development, assessment | 2478 |
development, program promotion, communications, and statewide | 2479 |
coordination of tech prep consortia. | 2480 |
Of the foregoing appropriation item 200-426, Ohio Educational | 2488 |
Computer
Network, up to $20,571,198 in fiscal year 2002 and up to | 2489 |
$21,188,334 in fiscal year
2003 shall be used by the Department of | 2490 |
Education to support connection of
all public school buildings to | 2491 |
the state's education network, to each other, and to the Internet. | 2492 |
In each
fiscal year the Department of Education shall use these | 2493 |
funds to help
reimburse data acquisition sites or school districts | 2494 |
for the operational costs
associated with this connectivity. The | 2495 |
Department
of Education shall develop a formula and guidelines for | 2496 |
the distribution of
these funds to the data acquisition sites or | 2497 |
individual school districts. As used in this section,
"public | 2498 |
school building" means a school building of any city, local, | 2499 |
exempted village, or joint vocational school district, or any | 2500 |
community school established under Chapter 3314. of the Revised | 2501 |
Code, or any educational service center building used for | 2502 |
instructional purposes. | 2503 |
The Department of Education shall use up
to $4,590,000 in | 2508 |
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to | 2509 |
assist designated
data acquisition sites with operational costs | 2510 |
associated with the increased
use
of the state's education network | 2511 |
by chartered nonpublic schools. The
Department of Education
shall | 2512 |
develop a formula and guidelines for
distribution of these funds | 2513 |
to designated data acquisition sites. | 2514 |
The remainder in each fiscal year of appropriation item | 2515 |
200-426, Ohio Educational Computer Network, shall be used to | 2516 |
support development, maintenance, and operation of a network of | 2517 |
uniform and compatible computer-based information and | 2518 |
instructional systems. The technical assistance shall include, but | 2519 |
not be restricted to, development and maintenance of adequate | 2520 |
computer software systems to support network activities. Program | 2521 |
funds may be used, through a formula and guidelines devised by the | 2522 |
department, to subsidize the activities of not more than 24 | 2523 |
designated data acquisition sites, as defined by State Board of | 2524 |
Education rules, to provide school districts and chartered | 2525 |
nonpublic schools with computer-based student and teacher | 2526 |
instructional and administrative information services, including | 2527 |
approved computerized financial accounting, and to ensure the | 2528 |
effective operation of local automated administrative and | 2529 |
instructional systems. To broaden the scope of the use of | 2530 |
technology for education, the department may use up to $250,000 in | 2531 |
each fiscal year to coordinate the activities of the computer | 2532 |
network with other agencies funded by the department or the state. | 2533 |
In order to improve the efficiency of network activities, the | 2534 |
department and data acquisition sites may jointly purchase | 2535 |
equipment, materials, and services from funds provided under this | 2536 |
appropriation for use by the network and, when considered | 2537 |
practical by the department, may utilize the services of | 2538 |
appropriate state purchasing agencies. | 2539 |
The foregoing appropriation item 200-427, Academic Standards, | 2541 |
shall be used by the Department of Education to develop and | 2542 |
disseminate academic content standards. These funds shall be used | 2543 |
to develop academic content standards and curriculum models and to | 2544 |
fund communication of expectations to teachers, school districts, | 2545 |
parents, and communities." | 2546 |
Section 5. The Legislative Office of Education Oversight | 2549 |
shall conduct a study of the methodologies and statutory systems | 2550 |
used in other states to fund independent public charter schools | 2551 |
that are similar to the community schools established under | 2552 |
Chapter 3314. of the Revised Code and determine how those | 2553 |
methodologies and systems compare to those codified in Chapter | 2554 |
3314. of the Revised Code. The Office shall issue a written | 2555 |
report to the General Assembly not later than January 31, 2003. | 2556 |
Section 6. The State Board of Education shall continue to | 2557 |
sponsor any community school for which it has entered into a | 2558 |
contract at the time of the effective date of this section until | 2559 |
the earlier of the expiration of two school years or until
a new | 2560 |
sponsor, as described in division (C)(1) of section 3314.02
of the | 2561 |
Revised Code, as amended by this act, is secured by the
school's | 2562 |
governing authority. The State Board shall not
thereafter sponsor | 2563 |
any community school except as provided in
division (C) of section | 2564 |
3314.015 of the Revised Code. The State
Board may extend the term | 2565 |
of any existing contract with a
community school governing | 2566 |
authority only as necessary to accommodate the term of the Board's | 2567 |
authorization to sponsor the school as specified in this section. | 2568 |
Any other entity who has contracted to sponsor a community | 2569 |
school on the effective date of this section shall continue to | 2570 |
sponsor such school in conformance with the contract and Chapter | 2571 |
3314. of the Revised Code, as amended by this act, except that | 2572 |
such sponsor need not be approved by the Department of Education | 2573 |
as otherwise provided by division (B) of section 3314.015 of the | 2574 |
Revised Code. In addition, such an entity may sponsor additional | 2575 |
new start-up schools in accordance with the provisions of division | 2576 |
(C)(1) of section 3314.02 of the Revised Code, as amended by this | 2577 |
act, without the approval of the Department of Education provided | 2578 |
that the entity complies with all other provisions of Chapter | 2579 |
3314. of
the Revised Code, as amended by this act. | 2580 |
Section 7. Not later than ninety days after the effective | 2581 |
date of this section, the Department of Education shall adopt | 2582 |
rules for the
procedures, criteria, and deadlines for the | 2583 |
approval, oversight, and revocation of approval of sponsors
of new | 2584 |
start-up community schools and for entering into written | 2585 |
agreements with sponsors as provided
for under section
3314.015 of | 2586 |
the Revised Code. The rules may require
sponsors to respond in a | 2587 |
timely manner to reasonable requests from
the Department for | 2588 |
information, data, and documents. In
developing the rules, the | 2589 |
Department shall consult with the other
entities that on the | 2590 |
effective date of this section have existing
contracts to sponsor | 2591 |
community schools. | 2592 |