Sub. H. B. No. 364 As Reported by the Senate Education Committee

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

A BILL

To amend sections 2901.01, 2925.01, 3301.0714,

3302.03, 3309.51, 3313.375, 3314.011, 3314.013,

3314.02, 3314.03, 3314.05, 3314.06, 3314.07,

3314.072, 3314.08, 3314.09, 3314.091, 3314.11,

3314.13, 3317.029, 3317.03, 3318.50, 3327.01,

3327.02, 3331.01, 3365.08, and 4117.101; to enact

sections 3313.648, 3314.015, 3314.022, 3314.023,

3314.024, 3314.031, 3314.032, 3314.041, 3314.073,

3314.074, 3314.081, 3314.082, 3314.111, 3314.17,

3314.30, and 3314.31; to repeal section 3314.021 of

the Revised Code; and to amend Sections 44.05 and

189 of Am. Sub. H.B. 94 of the 124th General

Assembly to expand the sponsorship of community

schools, to add "academic watch" school districts

to those districts in which start-up community

schools may be established, to make changes in the

oversight and management of community schools, to

establish the Community School Revolving Loan Fund

and the Community School Security Fund, and to make

other changes in the community school law; to

clarify that certain crimes carry enhanced

penalties when committed on community school

property or at community school activities; to

prohibit school districts and community schools

from offering certain monetary incentives for

students to enroll in their schools; to require the

Legislative Office of Education Oversight to study

the cost of E-schools; to permit a local school

district superintendent to designate the

superintendent of the educational service center to

which the district belongs as the authority to

issue age and schooling certificates to students

residing in the district; to require that

Disadvantaged Pupil Impact Aid payments be

calculated using single-year district and statewide

totals of the number of students living in families

with incomes not exceeding federal poverty

guidelines and receiving family assistance rather

than the five-year average of such district and

statewide totals; to change the deadline for the

correction of reporting errors to the Education

Management Information System; to add a

representative from the Auditor of State's Office

to the Alternative Education Advisory Council; and

to amend the version of section 2925.01 of the

Revised Code that is scheduled to take effect

January 1, 2004, to continue the provisions of this

act on and after that effective date.

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

Section 1. That sections 2901.01, 2925.01, 3301.0714,	49
3302.03, 3309.51, 3313.375, 3314.011, 3314.013, 3314.02,	50
3314.03, 3314.05, 3314.06, 3314.07, 3314.072, 3314.08, 3314.09,	51
3314.091, 3314.11, 3314.13, 3317.029, 3317.03, 3318.50, 3327.01,	52
3327.02, 3331.01, 3365.08, and 4117.101 be amended and sections	53
3313.648, 3314.015, 3314.022, 3314.023, 3314.024, 3314.031,	54
3314.032, 3314.041, 3314.073, 3314.074, 3314.081, 3314.082,	55
3314.111, 3314.17, 3314.30, and 3314.31 of the Revised Code be	56
enacted to read as follows:	57

Sec. 2901.01. (A) As used in the Revised Code:

(1) "Force" means any violence, compulsion, or constraint	59
physically exerted by any means upon or against a person or thing.	60

(2) "Deadly force" means any force that carries a	61
substantial risk that it will proximately result in the death of	62
any person.	63

(3) "Physical harm to persons" means any injury, illness, or	64
other physiological impairment, regardless of its gravity or	65
duration.	66

(4) "Physical harm to property" means any tangible or	67
intangible damage to property that, in any degree, results in loss	68
to its value or interferes with its use or enjoyment. "Physical	69
harm to property" does not include wear and tear occasioned by	70
normal use.	71

(5) "Serious physical harm to persons" means any of the	72
following:	73

(a) Any mental illness or condition of such gravity as would	74
normally require hospitalization or prolonged psychiatric	75
treatment;	76

(b) Any physical harm that carries a substantial risk of	77
death;	78

(c) Any physical harm that involves some permanent	79
incapacity, whether partial or total, or that involves some	80
temporary, substantial incapacity;	81

(d) Any physical harm that involves some permanent	82
disfigurement or that involves some temporary, serious	83
disfigurement;	84

(e) Any physical harm that involves acute pain of such	85
duration as to result in substantial suffering or that involves	86
any degree of prolonged or intractable pain.	87

(6) "Serious physical harm to property" means any physical	88
harm to property that does either of the following:	89

(a) Results in substantial loss to the value of the property	90
or requires a substantial amount of time, effort, or money to	91
repair or replace;	92

(b) Temporarily prevents the use or enjoyment of the	93
property or substantially interferes with its use or enjoyment for	94
an extended period of time.	95

(7) "Risk" means a significant possibility, as contrasted	96
with a remote possibility, that a certain result may occur or that	97
certain circumstances may exist.	98

(8) "Substantial risk" means a strong possibility, as	99
contrasted with a remote or significant possibility, that a	100
certain result may occur or that certain circumstances may exist.	101

(9) "Offense of violence" means any of the following:

102

(a) A violation of section 2903.01, 2903.02, 2903.03,	103
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	104
2903.22, 2905.01, 2905.02, 2905.11, 2907.02, 2907.03, 2907.05,	105
2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11, 2917.01,	106
2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04, 2921.34, or	107
2923.161, of division (A)(1), (2), or (3) of section 2911.12, or	108
of division (B)(1), (2), (3), or (4) of section 2919.22 of the	109
Revised Code or felonious sexual penetration in violation of	110
former section 2907.12 of the Revised Code;	111

(b) A violation of an existing or former municipal ordinance	112
or law of this or any other state or the United States,	113
substantially equivalent to any section, division, or offense	114
listed in division (A)(9)(a) of this section;	115

(c) An offense, other than a traffic offense, under an	116
existing or former municipal ordinance or law of this or any other	117
state or the United States, committed purposely or knowingly, and	118
involving physical harm to persons or a risk of serious physical	119
harm to persons;	120

(d) A conspiracy or attempt to commit, or complicity in	121
committing, any offense under division (A)(9)(a), (b), or (c) of	122
this section.	123

(10)(a) "Property" means any property, real or personal,	124
tangible or intangible, and any interest or license in that	125
property. "Property" includes, but is not limited to, cable	126
television service, other telecommunications service,	127
telecommunications devices, information service, computers, data,	128
computer software, financial instruments associated with	129
computers, other documents associated with computers, or copies of	130
the documents, whether in machine or human readable form, trade	131
secrets, trademarks, copyrights, patents, and property protected	132
by a trademark, copyright, or patent. "Financial instruments	133
associated with computers" include, but are not limited to,	134
checks, drafts, warrants, money orders, notes of indebtedness,	135
certificates of deposit, letters of credit, bills of credit or	136
debit cards, financial transaction authorization mechanisms,	137
marketable securities, or any computer system representations of	138
any of them.	139

(b) As used in division (A)(10) of this section, "trade	140
secret" has the same meaning as in section 1333.61 of the Revised	141
Code, and "telecommunications service" and "information service"	142
have the same meanings as in section 2913.01 of the Revised Code.	143

(c) As used in divisions (A)(10) and (13) of this section,	144
"cable television service," "computer," "computer software,"	145
"computer system," "computer network," "data," and	146
"telecommunications device" have the same meanings as in section	147
2913.01 of the Revised Code.	148

(11) "Law enforcement officer" means any of the following:

149

(a) A sheriff, deputy sheriff, constable, police officer of	150
a township or joint township police district, marshal, deputy	151
marshal, municipal police officer, member of a police force	152
employed by a metropolitan housing authority under division (D) of	153
section 3735.31 of the Revised Code, or state highway patrol	154
trooper;	155

(b) An officer, agent, or employee of the state or any of	156
its agencies, instrumentalities, or political subdivisions, upon	157
whom, by statute, a duty to conserve the peace or to enforce all	158
or certain laws is imposed and the authority to arrest violators	159
is conferred, within the limits of that statutory duty and	160
authority;	161

(c) A mayor, in the mayor's capacity as chief conservator of	162
the peace within the mayor's municipal corporation;	163

(d) A member of an auxiliary police force organized by	164
county, township, or municipal law enforcement authorities, within	165
the scope of the member's appointment or commission;	166

(e) A person lawfully called pursuant to section 311.07 of	167
the Revised Code to aid a sheriff in keeping the peace, for the	168
purposes and during the time when the person is called;	169

(f) A person appointed by a mayor pursuant to section 737.01	170
of the Revised Code as a special patrolling officer during riot or	171
emergency, for the purposes and during the time when the person is	172
appointed;	173

(g) A member of the organized militia of this state or the	174
armed forces of the United States, lawfully called to duty to aid	175
civil authorities in keeping the peace or protect against domestic	176
violence;	177

(h) A prosecuting attorney, assistant prosecuting attorney,	178
secret service officer, or municipal prosecutor;	179

(i) An Ohio veterans' home police officer appointed under	180
section 5907.02 of the Revised Code;	181

(j) A member of a police force employed by a regional	182
transit authority under division (Y) of section 306.35 of the	183
Revised Code;	184

(k) A special police officer employed by a port authority	185
under section 4582.04 or 4582.28 of the Revised Code;	186

(l) The house sergeant at arms if the house sergeant at arms	187
has arrest authority pursuant to division (E)(1) of section	188
101.311 of the Revised Code and an assistant house sergeant at	189
arms.	190

(12) "Privilege" means an immunity, license, or right	191
conferred by law, bestowed by express or implied grant, arising	192
out of status, position, office, or relationship, or growing out	193
of necessity.	194

(13) "Contraband" means any property described in the	195
following categories:	196

(a) Property that in and of itself is unlawful for a person	197
to acquire or possess;	198

(b) Property that is not in and of itself unlawful for a	199
person to acquire or possess, but that has been determined by a	200
court of this state, in accordance with law, to be contraband	201
because of its use in an unlawful activity or manner, of its	202
nature, or of the circumstances of the person who acquires or	203
possesses it, including, but not limited to, goods and personal	204
property described in division (D) of section 2913.34 of the	205
Revised Code;	206

(c) Property that is specifically stated to be contraband by	207
a section of the Revised Code or by an ordinance, regulation, or	208
resolution;	209

(d) Property that is forfeitable pursuant to a section of	210
the Revised Code, or an ordinance, regulation, or resolution,	211
including, but not limited to, forfeitable firearms, dangerous	212
ordnance, obscene materials, and goods and personal property	213
described in division (D) of section 2913.34 of the Revised Code;	214

(e) Any controlled substance, as defined in section 3719.01	215
of the Revised Code, or any device, paraphernalia, money as	216
defined in section 1301.01 of the Revised Code, or other means of	217
exchange that has been, is being, or is intended to be used in an	218
attempt or conspiracy to violate, or in a violation of, Chapter	219
2925. or 3719. of the Revised Code;	220

(f) Any gambling device, paraphernalia, money as defined in	221
section 1301.01 of the Revised Code, or other means of exchange	222
that has been, is being, or is intended to be used in an attempt	223
or conspiracy to violate, or in the violation of, Chapter 2915. of	224
the Revised Code;	225

(g) Any equipment, machine, device, apparatus, vehicle,	226
vessel, container, liquid, or substance that has been, is being,	227
or is intended to be used in an attempt or conspiracy to violate,	228
or in the violation of, any law of this state relating to alcohol	229
or tobacco;	230

(h) Any personal property that has been, is being, or is	231
intended to be used in an attempt or conspiracy to commit, or in	232
the commission of, any offense or in the transportation of the	233
fruits of any offense;	234

(i) Any property that is acquired through the sale or other	235
transfer of contraband or through the proceeds of contraband,	236
other than by a court or a law enforcement agency acting within	237
the scope of its duties;	238

(j) Any computer, computer system, computer network,	239
computer software, or other telecommunications device that is used	240
in a conspiracy to commit, an attempt to commit, or the commission	241
of any offense, if the owner of the computer, computer system,	242
computer network, computer software, or other telecommunications	243
device is convicted of or pleads guilty to the offense in which it	244
is used;	245

(k) Any property that is material support or resources and	246
that has been, is being, or is intended to be used in an attempt	247
or conspiracy to violate, or in the violation of, section 2909.22,	248
2909.23, or 2909.24 of the Revised Code or of section 2921.32 of	249
the Revised Code when the offense or act committed by the person	250
aided or to be aided as described in that section is an act of	251
terrorism. As used in division (A)(13)(k) of this section,	252
"material support or resources" and "act of terrorism" have the	253
same meanings as in section 2909.21 of the Revised Code.	254

(14) A person is "not guilty by reason of insanity" relative	255
to a charge of an offense only if the person proves, in the manner	256
specified in section 2901.05 of the Revised Code, that at the time	257
of the commission of the offense, the person did not know, as a	258
result of a severe mental disease or defect, the wrongfulness of	259
the person's acts.	260

(B)(1)(a) Subject to division (B)(2) of this section, as	261
used in any section contained in Title XXIX of the Revised Code	262
that sets forth a criminal offense, "person" includes all of the	263
following:	264

(i) An individual, corporation, business trust, estate,	265
trust, partnership, and association;	266

(ii) An unborn human who is viable.

267

(b) As used in any section contained in Title XXIX of the	268
Revised Code that does not set forth a criminal offense, "person"	269
includes an individual, corporation, business trust, estate,	270
trust, partnership, and association.	271

272

(i) "Unborn human" means an individual organism of the	273
species Homo sapiens from fertilization until live birth.	274

(ii) "Viable" means the stage of development of a human	275
fetus at which there is a realistic possibility of maintaining and	276
nourishing of a life outside the womb with or without temporary	277
artificial life-sustaining support.	278

(2) Notwithstanding division (B)(1)(a) of this section, in	279
no case shall the portion of the definition of the term "person"	280
that is set forth in division (B)(1)(a)(ii) of this section be	281
applied or construed in any section contained in Title XXIX of the	282
Revised Code that sets forth a criminal offense in any of the	283
following manners:	284

(a) Except as otherwise provided in division (B)(2)(a) of	285
this section, in a manner so that the offense prohibits or is	286
construed as prohibiting any pregnant woman or her physician from	287
performing an abortion with the consent of the pregnant woman,	288
with the consent of the pregnant woman implied by law in a medical	289
emergency, or with the approval of one otherwise authorized by law	290
to consent to medical treatment on behalf of the pregnant woman.	291
An abortion that violates the conditions described in the	292
immediately preceding sentence may be punished as a violation of	293
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	294
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	295
of the Revised Code, as applicable. An abortion that does not	296
violate the conditions described in the second immediately	297
preceding sentence, but that does violate section 2919.12,	298
division (B) of section 2919.13, or section 2919.151, 2919.17, or	299
2919.18 of the Revised Code, may be punished as a violation of	300
section 2919.12, division (B) of section 2919.13, or section	301
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	302
Consent is sufficient under this division if it is of the type	303
otherwise adequate to permit medical treatment to the pregnant	304
woman, even if it does not comply with section 2919.12 of the	305
Revised Code.	306

(b) In a manner so that the offense is applied or is	307
construed as applying to a woman based on an act or omission of	308
the woman that occurs while she is or was pregnant and that	309
results in any of the following:	310

(i) Her delivery of a stillborn baby;

311

(ii) Her causing, in any other manner, the death in utero of	312
a viable, unborn human that she is carrying;	313

(iii) Her causing the death of her child who is born alive	314
but who dies from one or more injuries that are sustained while	315
the child is a viable, unborn human;	316

(iv) Her causing her child who is born alive to sustain one	317
or more injuries while the child is a viable, unborn human;	318

(v) Her causing, threatening to cause, or attempting to	319
cause, in any other manner, an injury, illness, or other	320
physiological impairment, regardless of its duration or gravity,	321
or a mental illness or condition, regardless of its duration or	322
gravity, to a viable, unborn human that she is carrying.	323

324

(1) "School safety zone" consists of a school, school	325
building, school premises, school activity, and school bus.	326

(2) "School," "school building," and "school premises" have	327
the same meanings as in section 2925.01 of the Revised Code.	328

(3) "School activity" means any activity held under the	329
auspices of a board of education of a city, local, exempted	330
village, joint vocational, or cooperative education school	331
district,; a governing authority of a community school established	332
under Chapter 3314. of the Revised Code; a governing board of an	333
educational service center,; or the governing body of a nonpublic	334
school for which the state board of education prescribes minimum	335
standards under section 3301.07 of the Revised Code.	336

(4) "School bus" has the same meaning as in section 4511.01	337
of the Revised Code.	338

Sec. 2925.01. As used in this chapter:

339

(A) "Administer," "controlled substance," "dispense,"	340
"distribute," "hypodermic," "manufacturer," "official written	341
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	342
"schedule II," "schedule III," "schedule IV," "schedule V," and	343
"wholesaler" have the same meanings as in section 3719.01 of the	344
Revised Code.	345

(B) "Drug dependent person" and "drug of abuse" have the same	346
meanings as in section 3719.011 of the Revised Code.	347

(C) "Drug," "dangerous drug," "licensed health professional	348
authorized to prescribe drugs," and "prescription" have the same	349
meanings as in section 4729.01 of the Revised Code.	350

(D) "Bulk amount" of a controlled substance means any of the	351
following:	352

(1) For any compound, mixture, preparation, or substance	353
included in schedule I, schedule II, or schedule III, with the	354
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	355
except as provided in division (D)(2) or (5) of this section,	356
whichever of the following is applicable:	357

(a) An amount equal to or exceeding ten grams or twenty-five	358
unit doses of a compound, mixture, preparation, or substance that	359
is or contains any amount of a schedule I opiate or opium	360
derivative;	361

(b) An amount equal to or exceeding ten grams of a compound,	362
mixture, preparation, or substance that is or contains any amount	363
of raw or gum opium;	364

(c) An amount equal to or exceeding thirty grams or ten unit	365
doses of a compound, mixture, preparation, or substance that is or	366
contains any amount of a schedule I hallucinogen other than	367
tetrahydrocannabinol or lysergic acid amide, or a schedule I	368
stimulant or depressant;	369

(d) An amount equal to or exceeding twenty grams or five	370
times the maximum daily dose in the usual dose range specified in	371
a standard pharmaceutical reference manual of a compound, mixture,	372
preparation, or substance that is or contains any amount of a	373
schedule II opiate or opium derivative;	374

(e) An amount equal to or exceeding five grams or ten unit	375
doses of a compound, mixture, preparation, or substance that is or	376
contains any amount of phencyclidine;	377

(f) An amount equal to or exceeding one hundred twenty grams	378
or thirty times the maximum daily dose in the usual dose range	379
specified in a standard pharmaceutical reference manual of a	380
compound, mixture, preparation, or substance that is or contains	381
any amount of a schedule II stimulant that is in a final dosage	382
form manufactured by a person authorized by the "Federal Food,	383
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	384
amended, and the federal drug abuse control laws, as defined in	385
section 3719.01 of the Revised Code, that is or contains any	386
amount of a schedule II depressant substance or a schedule II	387
hallucinogenic substance;	388

(g) An amount equal to or exceeding three grams of a	389
compound, mixture, preparation, or substance that is or contains	390
any amount of a schedule II stimulant, or any of its salts or	391
isomers, that is not in a final dosage form manufactured by a	392
person authorized by the Federal Food, Drug, and Cosmetic Act and	393
the federal drug abuse control laws.	394

(2) An amount equal to or exceeding one hundred twenty grams	395
or thirty times the maximum daily dose in the usual dose range	396
specified in a standard pharmaceutical reference manual of a	397
compound, mixture, preparation, or substance that is or contains	398
any amount of a schedule III or IV substance other than an	399
anabolic steroid or a schedule III opiate or opium derivative;	400

(3) An amount equal to or exceeding twenty grams or five	401
times the maximum daily dose in the usual dose range specified in	402
a standard pharmaceutical reference manual of a compound, mixture,	403
preparation, or substance that is or contains any amount of a	404
schedule III opiate or opium derivative;	405

(4) An amount equal to or exceeding two hundred fifty	406
milliliters or two hundred fifty grams of a compound, mixture,	407
preparation, or substance that is or contains any amount of a	408
schedule V substance;	409

(5) An amount equal to or exceeding two hundred solid dosage	410
units, sixteen grams, or sixteen milliliters of a compound,	411
mixture, preparation, or substance that is or contains any amount	412
of a schedule III anabolic steroid.	413

(E) "Unit dose" means an amount or unit of a compound,	414
mixture, or preparation containing a controlled substance that is	415
separately identifiable and in a form that indicates that it is	416
the amount or unit by which the controlled substance is separately	417
administered to or taken by an individual.	418

(F) "Cultivate" includes planting, watering, fertilizing, or	419
tilling.	420

(G) "Drug abuse offense" means any of the following:

421

(1) A violation of division (A) of section 2913.02 that	422
constitutes theft of drugs, or a violation of section 2925.02,	423
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	424
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	425
2925.37 of the Revised Code;	426

(2) A violation of an existing or former law of this or any	427
other state or of the United States that is substantially	428
equivalent to any section listed in division (G)(1) of this	429
section;	430

(3) An offense under an existing or former law of this or	431
any other state, or of the United States, of which planting,	432
cultivating, harvesting, processing, making, manufacturing,	433
producing, shipping, transporting, delivering, acquiring,	434
possessing, storing, distributing, dispensing, selling, inducing	435
another to use, administering to another, using, or otherwise	436
dealing with a controlled substance is an element;	437

(4) A conspiracy to commit, attempt to commit, or complicity	438
in committing or attempting to commit any offense under division	439
(G)(1), (2), or (3) of this section.	440

(H) "Felony drug abuse offense" means any drug abuse offense	441
that would constitute a felony under the laws of this state, any	442
other state, or the United States.	443

(I) "Harmful intoxicant" does not include beer or	444
intoxicating liquor but means any of the following:	445

(1) Any compound, mixture, preparation, or substance the gas,	446
fumes, or vapor of which when inhaled can induce intoxication,	447
excitement, giddiness, irrational behavior, depression,	448
stupefaction, paralysis, unconsciousness, asphyxiation, or other	449
harmful physiological effects, and includes, but is not limited	450
to, any of the following:	451

(a) Any volatile organic solvent, plastic cement, model	452
cement, fingernail polish remover, lacquer thinner, cleaning	453
fluid, gasoline, or other preparation containing a volatile	454
organic solvent;	455

(b) Any aerosol propellant;

456

457

(d) Any anesthetic gas.

458

(2) Gamma Butyrolactone;

459

(3) 1,4 Butanediol.

460

(J) "Manufacture" means to plant, cultivate, harvest,	461
process, make, prepare, or otherwise engage in any part of the	462
production of a drug, by propagation, extraction, chemical	463
synthesis, or compounding, or any combination of the same, and	464
includes packaging, repackaging, labeling, and other activities	465
incident to production.	466

(K) "Possess" or "possession" means having control over a	467
thing or substance, but may not be inferred solely from mere	468
access to the thing or substance through ownership or occupation	469
of the premises upon which the thing or substance is found.	470

(L) "Sample drug" means a drug or pharmaceutical preparation	471
that would be hazardous to health or safety if used without the	472
supervision of a licensed health professional authorized to	473
prescribe drugs, or a drug of abuse, and that, at one time, had	474
been placed in a container plainly marked as a sample by a	475
manufacturer.	476

(M) "Standard pharmaceutical reference manual" means the	477
current edition, with cumulative changes if any, of any of the	478
following reference works:	479

(1) "The National Formulary";

480

(2) "The United States Pharmacopeia," prepared by authority	481
of the United States Pharmacopeial Convention, Inc.;	482

(3) Other standard references that are approved by the state	483
board of pharmacy.	484

(N) "Juvenile" means a person under eighteen years of age.

485

(O) "Counterfeit controlled substance" means any of the	486
following:	487

(1) Any drug that bears, or whose container or label bears,	488
a trademark, trade name, or other identifying mark used without	489
authorization of the owner of rights to that trademark, trade	490
name, or identifying mark;	491

(2) Any unmarked or unlabeled substance that is represented	492
to be a controlled substance manufactured, processed, packed, or	493
distributed by a person other than the person that manufactured,	494
processed, packed, or distributed it;	495

(3) Any substance that is represented to be a controlled	496
substance but is not a controlled substance or is a different	497
controlled substance;	498

(4) Any substance other than a controlled substance that a	499
reasonable person would believe to be a controlled substance	500
because of its similarity in shape, size, and color, or its	501
markings, labeling, packaging, distribution, or the price for	502
which it is sold or offered for sale.	503

(P) An offense is "committed in the vicinity of a school" if	504
the offender commits the offense on school premises, in a school	505
building, or within one thousand feet of the boundaries of any	506
school premises.	507

(Q) "School" means any school operated by a board of	508
education, any community school established under Chapter 3314.	509
of the Revised Code, or any nonpublic school for which the state	510
board of education prescribes minimum standards under section	511
3301.07 of the Revised Code, whether or not any instruction,	512
extracurricular activities, or training provided by the school is	513
being conducted at the time a criminal offense is committed.	514

(R) "School premises" means either of the following:

515

(1) The parcel of real property on which any school is	516
situated, whether or not any instruction, extracurricular	517
activities, or training provided by the school is being conducted	518
on the premises at the time a criminal offense is committed;	519

(2) Any other parcel of real property that is owned or	520
leased by a board of education of a school, the governing	521
authority of a community school established under Chapter 3314. of	522
the Revised Code, or the governing body of a nonpublic school for	523
which the state board of education prescribes minimum standards	524
under section 3301.07 of the Revised Code and on which some of the	525
instruction, extracurricular activities, or training of the school	526
is conducted, whether or not any instruction, extracurricular	527
activities, or training provided by the school is being conducted	528
on the parcel of real property at the time a criminal offense is	529
committed.	530

(S) "School building" means any building in which any of the	531
instruction, extracurricular activities, or training provided by a	532
school is conducted, whether or not any instruction,	533
extracurricular activities, or training provided by the school is	534
being conducted in the school building at the time a criminal	535
offense is committed.	536

(T) "Disciplinary counsel" means the disciplinary counsel	537
appointed by the board of commissioners on grievances and	538
discipline of the supreme court under the Rules for the Government	539
of the Bar of Ohio.	540

(U) "Certified grievance committee" means a duly constituted	541
and organized committee of the Ohio state bar association or of	542
one or more local bar associations of the state of Ohio that	543
complies with the criteria set forth in Rule V, section 6 of the	544
Rules for the Government of the Bar of Ohio.	545

(V) "Professional license" means any license, permit,	546
certificate, registration, qualification, admission, temporary	547
license, temporary permit, temporary certificate, or temporary	548
registration that is described in divisions (W)(1) to (35) of this	549
section and that qualifies a person as a professionally licensed	550
person.	551

(W) "Professionally licensed person" means any of the	552
following:	553

(1) A person who has obtained a license as a manufacturer of	554
controlled substances or a wholesaler of controlled substances	555
under Chapter 3719. of the Revised Code;	556

(2) A person who has received a certificate or temporary	557
certificate as a certified public accountant or who has registered	558
as a public accountant under Chapter 4701. of the Revised Code and	559
who holds an Ohio permit issued under that chapter;	560

(3) A person who holds a certificate of qualification to	561
practice architecture issued or renewed and registered under	562
Chapter 4703. of the Revised Code;	563

(4) A person who is registered as a landscape architect	564
under Chapter 4703. of the Revised Code or who holds a permit as a	565
landscape architect issued under that chapter;	566

(5) A person licensed as an auctioneer or apprentice	567
auctioneer or licensed to operate an auction company under Chapter	568
4707. of the Revised Code;	569

(6) A person who has been issued a certificate of	570
registration as a registered barber under Chapter 4709. of the	571
Revised Code;	572

(7) A person licensed and regulated to engage in the	573
business of a debt pooling company by a legislative authority,	574
under authority of Chapter 4710. of the Revised Code;	575

(8) A person who has been issued a cosmetologist's license,	576
manicurist's license, esthetician's license, managing	577
cosmetologist's license, managing manicurist's license, managing	578
esthetician's license, cosmetology instructor's license,	579
manicurist instructor's license, esthetician instructor's license,	580
or tanning facility permit under Chapter 4713. of the Revised	581
Code;	582

(9) A person who has been issued a license to practice	583
dentistry, a general anesthesia permit, a conscious intravenous	584
sedation permit, a limited resident's license, a limited teaching	585
license, a dental hygienist's license, or a dental hygienist's	586
teacher's certificate under Chapter 4715. of the Revised Code;	587

(10) A person who has been issued an embalmer's license, a	588
funeral director's license, a funeral home license, or a crematory	589
license, or who has been registered for an embalmer's or funeral	590
director's apprenticeship under Chapter 4717. of the Revised Code;	591

(11) A person who has been licensed as a registered nurse or	592
practical nurse, or who has been issued a certificate for the	593
practice of nurse-midwifery under Chapter 4723. of the Revised	594
Code;	595

(12) A person who has been licensed to practice optometry or	596
to engage in optical dispensing under Chapter 4725. of the Revised	597
Code;	598

(13) A person licensed to act as a pawnbroker under Chapter	599
4727. of the Revised Code;	600

(14) A person licensed to act as a precious metals dealer	601
under Chapter 4728. of the Revised Code;	602

(15) A person licensed as a pharmacist, a pharmacy intern, a	603
wholesale distributor of dangerous drugs, or a terminal	604
distributor of dangerous drugs under Chapter 4729. of the Revised	605
Code;	606

(16) A person who is authorized to practice as a physician	607
assistant under Chapter 4730. of the Revised Code;	608

(17) A person who has been issued a certificate to practice	609
medicine and surgery, osteopathic medicine and surgery, a limited	610
branch of medicine, or podiatry under Chapter 4731. of the Revised	611
Code;	612

(18) A person licensed as a psychologist or school	613
psychologist under Chapter 4732. of the Revised Code;	614

(19) A person registered to practice the profession of	615
engineering or surveying under Chapter 4733. of the Revised Code;	616

(20) A person who has been issued a license to practice	617
chiropractic under Chapter 4734. of the Revised Code;	618

(21) A person licensed to act as a real estate broker or	619
real estate salesperson under Chapter 4735. of the Revised Code;	620

(22) A person registered as a registered sanitarian under	621
Chapter 4736. of the Revised Code;	622

(23) A person licensed to operate or maintain a junkyard	623
under Chapter 4737. of the Revised Code;	624

(24) A person who has been issued a motor vehicle salvage	625
dealer's license under Chapter 4738. of the Revised Code;	626

(25) A person who has been licensed to act as a steam	627
engineer under Chapter 4739. of the Revised Code;	628

(26) A person who has been issued a license or temporary	629
permit to practice veterinary medicine or any of its branches, or	630
who is registered as a graduate animal technician under Chapter	631
4741. of the Revised Code;	632

(27) A person who has been issued a hearing aid dealer's or	633
fitter's license or trainee permit under Chapter 4747. of the	634
Revised Code;	635

(28) A person who has been issued a class A, class B, or	636
class C license or who has been registered as an investigator or	637
security guard employee under Chapter 4749. of the Revised Code;	638

(29) A person licensed and registered to practice as a	639
nursing home administrator under Chapter 4751. of the Revised	640
Code;	641

(30) A person licensed to practice as a speech-language	642
pathologist or audiologist under Chapter 4753. of the Revised	643
Code;	644

(31) A person issued a license as an occupational therapist	645
or physical therapist under Chapter 4755. of the Revised Code;	646

(32) A person who is licensed as a professional clinical	647
counselor or professional counselor, licensed as a social worker	648
or independent social worker, or registered as a social work	649
assistant under Chapter 4757. of the Revised Code;	650

(33) A person issued a license to practice dietetics under	651
Chapter 4759. of the Revised Code;	652

(34) A person who has been issued a license or limited	653
permit to practice respiratory therapy under Chapter 4761. of the	654
Revised Code;	655

(35) A person who has been issued a real estate appraiser	656
certificate under Chapter 4763. of the Revised Code.	657

(X) "Cocaine" means any of the following:

658

(1) A cocaine salt, isomer, or derivative, a salt of a	659
cocaine isomer or derivative, or the base form of cocaine;	660

(2) Coca leaves or a salt, compound, derivative, or	661
preparation of coca leaves, including ecgonine, a salt, isomer, or	662
derivative of ecgonine, or a salt of an isomer or derivative of	663
ecgonine;	664

(3) A salt, compound, derivative, or preparation of a	665
substance identified in division (X)(1) or (2) of this section	666
that is chemically equivalent to or identical with any of those	667
substances, except that the substances shall not include	668
decocainized coca leaves or extraction of coca leaves if the	669
extractions do not contain cocaine or ecgonine.	670

(Y) "L.S.D." means lysergic acid diethylamide.

671

(Z) "Hashish" means the resin or a preparation of the resin	672
contained in marihuana, whether in solid form or in a liquid	673
concentrate, liquid extract, or liquid distillate form.	674

(AA) "Marihuana" has the same meaning as in section 3719.01	675
of the Revised Code, except that it does not include hashish.	676

(BB) An offense is "committed in the vicinity of a juvenile"	677
if the offender commits the offense within one hundred feet of a	678
juvenile or within the view of a juvenile, regardless of whether	679
the offender knows the age of the juvenile, whether the offender	680
knows the offense is being committed within one hundred feet of or	681
within view of the juvenile, or whether the juvenile actually	682
views the commission of the offense.	683

(CC) "Presumption for a prison term" or "presumption that a	684
prison term shall be imposed" means a presumption, as described in	685
division (D) of section 2929.13 of the Revised Code, that a prison	686
term is a necessary sanction for a felony in order to comply with	687
the purposes and principles of sentencing under section 2929.11 of	688
the Revised Code.	689

(DD) "Major drug offender" has the same meaning as in section	690
2929.01 of the Revised Code.	691

(EE) "Minor drug possession offense" means either of the	692
following:	693

(1) A violation of section 2925.11 of the Revised Code as it	694
existed prior to July 1, 1996;	695

(2) A violation of section 2925.11 of the Revised Code as it	696
exists on and after July 1, 1996, that is a misdemeanor or a	697
felony of the fifth degree.	698

(FF) "Mandatory prison term" has the same meaning as in	699
section 2929.01 of the Revised Code.	700

(GG) "Crack cocaine" means a compound, mixture, preparation,	701
or substance that is or contains any amount of cocaine that is	702
analytically identified as the base form of cocaine or that is in	703
a form that resembles rocks or pebbles generally intended for	704
individual use.	705

(HH) "Adulterate" means to cause a drug to be adulterated as	706
described in section 3715.63 of the Revised Code.	707

(II) "Public premises" means any hotel, restaurant, tavern,	708
store, arena, hall, or other place of public accommodation,	709
business, amusement, or resort.	710

Sec. 3301.0714. (A) The state board of education shall	711
adopt rules for a statewide education management information	712
system. The rules shall require the state board to establish	713
guidelines for the establishment and maintenance of the system in	714
accordance with this section and the rules adopted under this	715
section. The guidelines shall include:	716

(1) Standards identifying and defining the types of data in	717
the system in accordance with divisions (B) and (C) of this	718
section;	719

(2) Procedures for annually collecting and reporting the	720
data to the state board in accordance with division (D) of this	721
section;	722

(3) Procedures for annually compiling the data in accordance	723
with division (G) of this section;	724

(4) Procedures for annually reporting the data to the public	725
in accordance with division (H) of this section.	726

(B) The guidelines adopted under this section shall require	727
the data maintained in the education management information system	728
to include at least the following:	729

(1) Student participation and performance data, for each	730
grade in each school district as a whole and for each grade in	731
each school building in each school district, that includes:	732

(a) The numbers of students receiving each category of	733
instructional service offered by the school district, such as	734
regular education instruction, vocational education instruction,	735
specialized instruction programs or enrichment instruction that is	736
part of the educational curriculum, instruction for gifted	737
students, instruction for handicapped students, and remedial	738
instruction. The guidelines shall require instructional services	739
under this division to be divided into discrete categories if an	740
instructional service is limited to a specific subject, a specific	741
type of student, or both, such as regular instructional services	742
in mathematics, remedial reading instructional services,	743
instructional services specifically for students gifted in	744
mathematics or some other subject area, or instructional services	745
for students with a specific type of handicap. The categories of	746
instructional services required by the guidelines under this	747
division shall be the same as the categories of instructional	748
services used in determining cost units pursuant to division	749
(C)(3) of this section.	750

(b) The numbers of students receiving support or	751
extracurricular services for each of the support services or	752
extracurricular programs offered by the school district, such as	753
counseling services, health services, and extracurricular sports	754
and fine arts programs. The categories of services required by	755
the guidelines under this division shall be the same as the	756
categories of services used in determining cost units pursuant to	757
division (C)(4)(a) of this section.	758

(c) Average student grades in each subject in grades nine	759
through twelve;	760

(d) Academic achievement levels as assessed by the testing	761
of student achievement under sections 3301.0710 and 3301.0711 of	762
the Revised Code;	763

(e) The number of students designated as having a	764
handicapping condition pursuant to division (C)(1) of section	765
3301.0711 of the Revised Code;	766

(f) The numbers of students reported to the state board	767
pursuant to division (C)(2) of section 3301.0711 of the Revised	768
Code;	769

(g) Attendance rates and the average daily attendance for	770
the year. For purposes of this division, a student shall be	771
counted as present for any field trip that is approved by the	772
school administration.	773

(h) Expulsion rates;

774

(i) Suspension rates;

775

(j) The percentage of students receiving corporal	776
punishment;	777

(k) Dropout rates;

778

(l) Rates of retention in grade;

779

(m) For pupils in grades nine through twelve, the average	780
number of carnegie units, as calculated in accordance with state	781
board of education rules;	782

(n) Graduation rates, to be calculated in a manner specified	783
by the department of education that reflects the rate at which	784
students who were in the ninth grade three years prior to the	785
current year complete school and that is consistent with	786
nationally accepted reporting requirements;	787

(o) Results of diagnostic assessments administered to	788
kindergarten students as required under section 3301.0715 of the	789
Revised Code to permit a comparison of the academic readiness of	790
kindergarten students. However, no district shall be required to	791
report to the department the results of any diagnostic assessment	792
administered to a kindergarten student if the parent of that	793
student requests the district not to report those results.	794

(2) Personnel and classroom enrollment data for each school	795
district, including:	796

(a) The total numbers of licensed employees and nonlicensed	797
employees and the numbers of full-time equivalent licensed	798
employees and nonlicensed employees providing each category of	799
instructional service, instructional support service, and	800
administrative support service used pursuant to division (C)(3) of	801
this section. The guidelines adopted under this section shall	802
require these categories of data to be maintained for the school	803
district as a whole and, wherever applicable, for each grade in	804
the school district as a whole, for each school building as a	805
whole, and for each grade in each school building.	806

(b) The total number of employees and the number of	807
full-time equivalent employees providing each category of service	808
used pursuant to divisions (C)(4)(a) and (b) of this section, and	809
the total numbers of licensed employees and nonlicensed employees	810
and the numbers of full-time equivalent licensed employees and	811
nonlicensed employees providing each category used pursuant to	812
division (C)(4)(c) of this section. The guidelines adopted under	813
this section shall require these categories of data to be	814
maintained for the school district as a whole and, wherever	815
applicable, for each grade in the school district as a whole, for	816
each school building as a whole, and for each grade in each school	817
building.	818

(c) The total number of regular classroom teachers teaching	819
classes of regular education and the average number of pupils	820
enrolled in each such class, in each of grades kindergarten	821
through five in the district as a whole and in each school	822
building in the school district.	823

(3)(a) Student demographic data for each school district,	824
including information regarding the gender ratio of the school	825
district's pupils, the racial make-up of the school district's	826
pupils, and an appropriate measure of the number of the school	827
district's pupils who reside in economically disadvantaged	828
households. The demographic data shall be collected in a manner	829
to allow correlation with data collected under division (B)(1) of	830
this section. Categories for data collected pursuant to division	831
(B)(3) of this section shall conform, where appropriate, to	832
standard practices of agencies of the federal government.	833

(b) With respect to each student entering kindergarten,	834
whether the student previously participated in a public preschool	835
program, a private preschool program, or a head start program, and	836
the number of years the student participated in each of these	837
programs.	838

(C) The education management information system shall	839
include cost accounting data for each district as a whole and for	840
each school building in each school district. The guidelines	841
adopted under this section shall require the cost data for each	842
school district to be maintained in a system of mutually exclusive	843
cost units and shall require all of the costs of each school	844
district to be divided among the cost units. The guidelines shall	845
require the system of mutually exclusive cost units to include at	846
least the following:	847

(1) Administrative costs for the school district as a whole.	848
The guidelines shall require the cost units under this division	849
(C)(1) to be designed so that each of them may be compiled and	850
reported in terms of average expenditure per pupil in formula ADM	851
in the school district, as determined pursuant to section 3317.03	852
of the Revised Code.	853

(2) Administrative costs for each school building in the	854
school district. The guidelines shall require the cost units	855
under this division (C)(2) to be designed so that each of them may	856
be compiled and reported in terms of average expenditure per	857
full-time equivalent pupil receiving instructional or support	858
services in each building.	859

(3) Instructional services costs for each category of	860
instructional service provided directly to students and required	861
by guidelines adopted pursuant to division (B)(1)(a) of this	862
section. The guidelines shall require the cost units under	863
division (C)(3) of this section to be designed so that each of	864
them may be compiled and reported in terms of average expenditure	865
per pupil receiving the service in the school district as a whole	866
and average expenditure per pupil receiving the service in each	867
building in the school district and in terms of a total cost for	868
each category of service and, as a breakdown of the total cost, a	869
cost for each of the following components:	870

(a) The cost of each instructional services category	871
required by guidelines adopted under division (B)(1)(a) of this	872
section that is provided directly to students by a classroom	873
teacher;	874

(b) The cost of the instructional support services, such as	875
services provided by a speech-language pathologist, classroom	876
aide, multimedia aide, or librarian, provided directly to students	877
in conjunction with each instructional services category;	878

(c) The cost of the administrative support services related	879
to each instructional services category, such as the cost of	880
personnel that develop the curriculum for the instructional	881
services category and the cost of personnel supervising or	882
coordinating the delivery of the instructional services category.	883

(4) Support or extracurricular services costs for each	884
category of service directly provided to students and required by	885
guidelines adopted pursuant to division (B)(1)(b) of this section.	886
The guidelines shall require the cost units under division (C)(4)	887
of this section to be designed so that each of them may be	888
compiled and reported in terms of average expenditure per pupil	889
receiving the service in the school district as a whole and	890
average expenditure per pupil receiving the service in each	891
building in the school district and in terms of a total cost for	892
each category of service and, as a breakdown of the total cost, a	893
cost for each of the following components:	894

(a) The cost of each support or extracurricular services	895
category required by guidelines adopted under division (B)(1)(b)	896
of this section that is provided directly to students by a	897
licensed employee, such as services provided by a guidance	898
counselor or any services provided by a licensed employee under a	899
supplemental contract;	900

(b) The cost of each such services category provided	901
directly to students by a nonlicensed employee, such as janitorial	902
services, cafeteria services, or services of a sports trainer;	903

(c) The cost of the administrative services related to each	904
services category in division (C)(4)(a) or (b) of this section,	905
such as the cost of any licensed or nonlicensed employees that	906
develop, supervise, coordinate, or otherwise are involved in	907
administering or aiding the delivery of each services category.	908

(D)(1) The guidelines adopted under this section shall	909
require school districts to collect information about individual	910
students, staff members, or both in connection with any data	911
required by division (B) or (C) of this section or other reporting	912
requirements established in the Revised Code. The guidelines may	913
also require school districts to report information about	914
individual staff members in connection with any data required by	915
division (B) or (C) of this section or other reporting	916
requirements established in the Revised Code. The guidelines	917
shall not authorize school districts to request social security	918
numbers of individual students. The guidelines shall prohibit the	919
reporting under this section of a student's name, address, and	920
social security number to the state board of education or the	921
department of education. The guidelines shall also prohibit the	922
reporting under this section of any personally identifiable	923
information about any student, except for the purpose of assigning	924
the data verification code required by division (D)(2) of this	925
section, to any other person unless such person is employed by the	926
school district or the data acquisition site operated under	927
section 3301.075 of the Revised Code and is authorized by the	928
district or acquisition site to have access to such information.	929
The guidelines may require school districts to provide the social	930
security numbers of individual staff members.	931

(2) The guidelines shall provide for each school district or	932
community school to assign a data verification code that is unique	933
on a statewide basis over time to each student whose initial Ohio	934
enrollment is in that district or school and to report all	935
required individual student data for that student utilizing such	936
code. The guidelines shall also provide for assigning data	937
verification codes to all students enrolled in districts or	938
community schools on the effective date of the guidelines	939
established under this section.	940

Individual student data shall be reported to the department	941
through the data acquisition sites utilizing the code but at no	942
time shall the state board or the department have access to	943
information that would enable any data verification code to be	944
matched to personally identifiable student data.	945

Each school district shall ensure that the data verification	946
code is included in the student's records reported to any	947
subsequent school district or community school in which the	948
student enrolls and shall remove all references to the code in any	949
records retained in the district or school that pertain to any	950
student no longer enrolled. Any such subsequent district or	951
school shall utilize the same identifier in its reporting of data	952
under this section.	953

(E) The guidelines adopted under this section may require	954
school districts to collect and report data, information, or	955
reports other than that described in divisions (A), (B), and (C)	956
of this section for the purpose of complying with other reporting	957
requirements established in the Revised Code. The other data,	958
information, or reports may be maintained in the education	959
management information system but are not required to be compiled	960
as part of the profile formats required under division (G) of this	961
section or the annual statewide report required under division (H)	962
of this section.	963

(F) Beginning with the school year that begins July 1, 1991,	964
the board of education of each school district shall annually	965
collect and report to the state board, in accordance with the	966
guidelines established by the board, the data required pursuant to	967
this section. A school district may collect and report these data	968
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	969

(G) The state board shall, in accordance with the procedures	970
it adopts, annually compile the data reported by each school	971
district pursuant to division (D) of this section. The state	972
board shall design formats for profiling each school district as a	973
whole and each school building within each district and shall	974
compile the data in accordance with these formats. These profile	975
formats shall:	976

(1) Include all of the data gathered under this section in a	977
manner that facilitates comparison among school districts and	978
among school buildings within each school district;	979

(2) Present the data on academic achievement levels as	980
assessed by the testing of student achievement maintained	981
pursuant to division (B)(1)(e) of this section so that the	982
academic achievement levels of students who are excused from	983
taking any such test pursuant to division (C)(1) of section	984
3301.0711 of the Revised Code are distinguished from the academic	985
achievement levels of students who are not so excused.	986

(H)(1) The state board shall, in accordance with the	987
procedures it adopts, annually prepare a statewide report for all	988
school districts and the general public that includes the profile	989
of each of the school districts developed pursuant to division (G)	990
of this section. Copies of the report shall be sent to each	991
school district.	992

(2) The state board shall, in accordance with the procedures	993
it adopts, annually prepare an individual report for each school	994
district and the general public that includes the profiles of each	995
of the school buildings in that school district developed pursuant	996
to division (G) of this section. Copies of the report shall be	997
sent to the superintendent of the district and to each member of	998
the district board of education.	999

(3) Copies of the reports received from the state board	1000
under divisions (H)(1) and (2) of this section shall be made	1001
available to the general public at each school district's offices.	1002
Each district board of education shall make copies of each report	1003
available to any person upon request and payment of a reasonable	1004
fee for the cost of reproducing the report. The board shall	1005
annually publish in a newspaper of general circulation in the	1006
school district, at least twice during the two weeks prior to the	1007
week in which the reports will first be available, a notice	1008
containing the address where the reports are available and the	1009
date on which the reports will be available.	1010

(I) Any data that is collected or maintained pursuant to	1011
this section and that identifies an individual pupil is not a	1012
public record for the purposes of section 149.43 of the Revised	1013
Code.	1014

(J) As used in this section:

1015

(1) "School district" means any city, local, exempted	1016
village, or joint vocational school district.	1017

(2) "Cost" means any expenditure for operating expenses made	1018
by a school district excluding any expenditures for debt	1019
retirement except for payments made to any commercial lending	1020
institution for any loan approved pursuant to section 3313.483 of	1021
the Revised Code.	1022

(K) Any person who removes data from the information system	1023
established under this section for the purpose of releasing it to	1024
any person not entitled under law to have access to such	1025
information is subject to section 2913.42 of the Revised Code	1026
prohibiting tampering with data.	1027

(L) Any time the department of education determines that a	1028
school district has taken any of the actions described under	1029
division (L)(1), (2), or (3) of this section, it shall make a	1030
report of the actions of the district, send a copy of the report	1031
to the superintendent of such school district, and maintain a copy	1032
of the report in its files:	1033

(1) The school district fails to meet any deadline	1034
established pursuant to this section for the reporting of any data	1035
to the education management information system;	1036

(2) The school district fails to meet any deadline	1037
established pursuant to this section for the correction of any	1038
data reported to the education management information system;	1039

(3) The school district reports data to the education	1040
management information system in a condition, as determined by the	1041
department, that indicates that the district did not make a good	1042
faith effort in reporting the data to the system.	1043

Any report made under this division shall include	1044
recommendations for corrective action by the school district.	1045

Upon making a report for the first time in a fiscal year, the	1046
department shall withhold ten per cent of the total amount due	1047
during that fiscal year under Chapter 3317. of the Revised Code to	1048
the school district to which the report applies. Upon making a	1049
second report in a fiscal year, the department shall withhold an	1050
additional twenty per cent of such total amount due during that	1051
fiscal year to the school district to which the report applies.	1052
The department shall not release such funds unless it determines	1053
that the district has taken corrective action. However, no such	1054
release of funds shall occur if the district fails to take	1055
corrective action within ~~ninety~~forty-five days of the date upon	1056
which the report was made by the department.	1057

(M) The department of education, after consultation with the	1058
Ohio education computer network, may provide at no cost to school	1059
districts uniform computer software for use in reporting data to	1060
the education management information system, provided that no	1061
school district shall be required to utilize such software to	1062
report data to the education management information system if such	1063
district is so reporting data in an accurate, complete, and timely	1064
manner in a format compatible with that required by the education	1065
management information system.	1066

(N) The state board of education, in accordance with	1067
sections 3319.31 and 3319.311 of the Revised Code, may suspend or	1068
revoke a license as defined under division (A) of section 3319.31	1069
of the Revised Code that has been issued to any school district	1070
employee found to have willfully reported erroneous, inaccurate,	1071
or incomplete data to the education management information system.	1072

(O) No person shall release or maintain any information	1073
about any student in violation of this section. Whoever violates	1074
this division is guilty of a misdemeanor of the fourth degree.	1075

(P) The department shall disaggregate the data collected	1076
under division (B)(1)(o) of this section according to the race and	1077
socioeconomic status of the students assessed. No data collected	1078
under that division shall be included on the report cards required	1079
by section 3302.03 of the Revised Code.	1080

(Q) If the department cannot compile any of the information	1081
required by division (D)(5) of section 3302.03 of the Revised Code	1082
based upon the data collected under this section, the department	1083
shall develop a plan and a reasonable timeline for the collection	1084
of any data necessary to comply with that division.	1085

Sec. 3302.03. (A) Annually the department of education	1086
shall report for each school district the extent to which it	1087
meets each of the performance indicators created by the state	1088
board of education under section 3302.02 of the Revised Code and	1089
shall specify for each such district the number of performance	1090
indicators that have been achieved and whether the district is an	1091
excellent school district, an effective school district, needs	1092
continuous improvement, is under an academic watch, or is in a	1093
state of academic emergency.	1094

When possible, the department shall also determine for each	1095
school building in a district the extent to which it meets any of	1096
the performance indicators applicable to the grade levels of the	1097
students in that school building and whether the school building	1098
is an excellent school, an effective school, needs continuous	1099
improvement, is under an academic watch, or is in a state of	1100
academic emergency.	1101

(B) If the state board establishes seventeen performance	1102
indicators applicable to a school district or building under	1103
section 3302.02 of the Revised Code:	1104

(1) A school district or building shall be declared	1105
excellent if it meets at least sixteen of the applicable state	1106
performance indicators.	1107

(2) A school district or building shall be declared	1108
effective if it meets thirteen through fifteen of the applicable	1109
state performance indicators.	1110

(3) A school district or building shall be declared to be in	1111
need of continuous improvement if it meets more than eight but	1112
less than thirteen of the applicable state performance	1113
indicators.	1114

(4) A school district or building shall be declared to be	1115
under an academic watch if it meets more than five but not more	1116
than eight of the applicable state performance indicators.	1117

(5) A school district or building shall be declared to be in	1118
a state of academic emergency if it does not meet more than five	1119
of the applicable state performance indicators.	1120

(C) If the state board establishes more than seventeen	1121
performance indicators under section 3302.02 of the Revised Code,	1122
or if less than seventeen performance indicators are applicable to	1123
a school building, the state board shall establish the number of	1124
indicators that must be met in order for a district or building to	1125
be designated as excellent, effective, needs continuous	1126
improvement, is under an academic watch, or is in a state of	1127
academic emergency. The number established for each such	1128
category under this division shall bear a similar relationship to	1129
the total number of indicators as the number of indicators	1130
required for the respective categories stated in division (B) of	1131
this section bears to seventeen.	1132

(D)(1) The department shall issue annual report cards for	1133
each school district, each building within each district, and for	1134
the state as a whole reflecting performance on the indicators	1135
created by the state board under section 3302.02 of the Revised	1136
Code.	1137

(2) The department shall include on the report card for each	1138
district information pertaining to any change from the previous	1139
year made by the school district or school buildings within the	1140
district on any performance indicator.	1141

(3) When reporting data on student performance, the	1142
department shall disaggregate that data according to the following	1143
categories:	1144

(a) Performance of students by age group;

1145

(b) Performance of students by race and ethnic group;

1146

1147

(d) Performance of students grouped by those who have been	1148
enrolled in a district or school for three or more years;	1149

(e) Performance of students grouped by those who have been	1150
enrolled in a district or school for more than one year and less	1151
than three years;	1152

(f) Performance of students grouped by those who have been	1153
enrolled in a district or school for one year or less;	1154

(g) Performance of students grouped by those who are	1155
classified as vocational education students pursuant to guidelines	1156
adopted by the department for purposes of this division;	1157

(h) Performance of students grouped by those who are	1158
economically disadvantaged, to the extent that such data is	1159
available from the education management information system	1160
~~establised~~established under section 3301.0714 of the Revised	1161
Code;	1162

(i) Performance of students grouped by those who are enrolled	1163
in a conversion community school established under Chapter 3314.	1164
of the Revised Code.	1165

The department may disaggregate data on student performance	1166
according to other categories that the department determines are	1167
appropriate.	1168

In reporting data pursuant to division (D)(3) of this	1169
section, the department shall not include in the report cards any	1170
data statistical in nature that is statistically unreliable or	1171
that could result in the identification of individual students.	1172

(4) The department may include with the report cards any	1173
additional education and fiscal performance data it deems	1174
valuable.	1175

(5) The department shall include on each report card a list	1176
of additional information collected by the department that is	1177
available regarding the district or building for which the report	1178
card is issued. When available, such additional information shall	1179
include student mobility data disaggregated by race and	1180
socioeconomic status, college enrollment data, and the reports	1181
prepared under section 3302.031 of the Revised Code.	1182

The department shall maintain a site on the world wide web.	1183
The report card shall include the address of the site and shall	1184
specify that such additional information is available to the	1185
public at that site. The department shall also provide a copy of	1186
each item on the list to the superintendent of each school	1187
district. The district superintendent shall provide a copy of any	1188
item on the list to anyone who requests it.	1189

(6) For any district that sponsors a conversion community	1190
school under Chapter 3314. of the Revised Code, the department	1191
shall combine data regarding the academic performance of students	1192
enrolled in the community school with comparable data from the	1193
schools of the district for the purpose of calculating the	1194
performance of the district as a whole on the report card issued	1195
for the district.	1196

(E) In calculating reading, writing, mathematics, social	1197
studies, or science proficiency or achievement test passage rates	1198
used to determine school district performance under this section,	1199
the department shall include all students taking a test with	1200
accommodation or to whom an alternate assessment is administered	1201
pursuant to division (C)(1) of section 3301.0711 of the Revised	1202
Code, but shall not include any student excused from taking a test	1203
pursuant to division (C)(3) of that section, whether or not the	1204
student chose to take the test voluntarily in spite of the	1205
exemption granted in that division.	1206

Sec. 3309.51. (A) Each employer shall pay annually into the	1207
employers' trust fund, in such monthly or less frequent	1208
installments as the school employees retirement board requires, an	1209
amount certified by the school employees retirement board, which	1210
shall be as required by Chapter 3309. of the Revised Code.	1211

Payments by school district boards of education ~~and governing~~	1212
~~authorities of community schools~~ to the employers' trust fund of	1213
the school employees retirement system may be made from the	1214
amounts allocated under ~~section 3314.08 or~~ Chapter 3317. of the	1215
Revised Code prior to their distribution to the individual school	1216
districts ~~or community schools~~. The amount due from each school	1217
district ~~or community school~~ may be certified by the secretary of	1218
the system to the ~~state~~ superintendent of public instruction	1219
monthly, or at such times as is determined by the school employees	1220
retirement board.	1221

Payments by governing authorities of community schools to the	1222
employers' trust fund of the school employees retirement system	1223
shall be made from the amounts allocated under section 3314.08 of	1224
the Revised Code prior to their distribution to the individual	1225
community schools. The amount due from each community school	1226
shall be certified by the secretary of the system to the	1227
superintendent of public instruction monthly, or at such times as	1228
determined by the school employees retirement board.	1229

(B) The superintendent shall deduct from the amount allocated	1230
to each ~~district or~~ community school under section 3314.08 or to	1231
each school district under Chapter 3317. of the Revised Code the	1232
entire amounts due to the system from such ~~district or~~ school or	1233
school district upon the certification to the superintendent by	1234
the secretary thereof.	1235

(C) Where an employer fails or has failed or refuses to make	1236
payments to the employers' trust fund, as provided for under	1237
Chapter 3309. of the Revised Code~~, on a direct pay basis~~, the	1238
secretary of the school employees retirement system may certify to	1239
the state superintendent of public instruction, monthly or at such	1240
times as is determined by the school employees retirement board,	1241
the amount due from such employer, and the superintendent shall	1242
deduct from the amount allocated to each district or community	1243
school under section 3314.08 or Chapter 3317. of the Revised Code	1244
the entire amounts due to the system from such districts or	1245
schools upon the certification to the superintendent by the	1246
secretary of the school employees retirement system.	1247

(D) The superintendent shall certify to the director of	1248
budget and management the amounts thus due the system for payment.	1249

Sec. 3313.375. The board of education of a city, local,	1250
exempted village, or joint vocational school district or, the	1251
governing board of an educational service center, or the governing	1252
authority of a community school may enter into a lease-purchase	1253
agreement providing for construction; enlarging or other	1254
improvement, furnishing, and equipping; lease; and eventual	1255
acquisition of a building or improvements to a building for any	1256
school district or, educational service center, or community	1257
school purpose. The agreement shall provide for a lease for a	1258
series of one-year renewable lease terms totaling not more than	1259
thirty years. The agreement shall provide that at the end of the	1260
series of lease terms provided for in the agreement the title to	1261
the leased property shall be vested in the school district or	1262
educational service center, if all obligations of the school	1263
district or, educational service center, or community school	1264
provided for in the agreement have been satisfied. The agreement	1265
may, in addition to the rental payments, require the school	1266
district or, educational service center, or community school to	1267
pay the lessor a lump-sum amount as a condition of obtaining title	1268
to the leased property. In conjunction with the agreement, a	1269
school district board of education or, an educational service	1270
center governing board, or a governing authority of a community	1271
school may grant leases, easements, or licenses for underlying	1272
land or facilities under the board's control for terms not	1273
exceeding five years beyond the final renewal term of the	1274
lease-purchase agreement entered into pursuant to this section.	1275
Payments under the agreement may be deemed to be, and paid as,	1276
current operating expenses.	1277

The obligations under a lease-purchase agreement entered into	1278
pursuant to this section shall not be considered to be net	1279
indebtedness of a school district under section 133.06 of the	1280
Revised Code.	1281

Sec. 3313.648. No board of education of a city, exempted	1282
village, or local school district shall offer a monetary payment	1283
or other in-kind gift to any student or such student's parent or	1284
guardian as an incentive for that student to enroll in a school	1285
operated by the district. The prohibition in this section shall	1286
not apply to any books, supplies, equipment, or other goods that	1287
are necessary to enable a student to participate fully in the	1288
course of instruction provided by the district.	1289

Sec. 3314.011. Every community school established under this	1290
chapter shall have a designated fiscal officer. The auditor of	1291
state may require by rule that the fiscal officer of any community	1292
school, before entering upon duties as fiscal officer of the	1293
school, execute a bond in an amount and with surety to be approved	1294
by the governing authority of the school, payable to the state,	1295
conditioned for the faithful performance of all the official	1296
duties required of the fiscal officer. Any such bond shall be	1297
deposited with the governing authority of the school, and a copy	1298
thereof, certified by the governing authority, shall be filed with	1299
the county auditor.	1300

Prior to assuming the duties of fiscal officer, the fiscal	1301
officer designated under this section shall be licensed under	1302
section 3301.074 of the Revised Code or shall complete not less	1303
than sixteen hours of continuing education classes, courses, or	1304
workshops in the area of school accounting as approved by the	1305
sponsor of the community school. Any fiscal officer who is not	1306
licensed under section 3301.074 of the Revised Code shall complete	1307
an additional twenty-four hours of continuing education classes,	1308
courses, or workshops in the area of school accounting as approved	1309
by the sponsor of the school within one year after assuming the	1310
duties of fiscal officer of the school. However, any such	1311
classes, courses, or workshops in excess of sixteen hours	1312
completed by the fiscal officer prior to assuming the duties of	1313
fiscal officer shall count toward the additional twenty-four hours	1314
of continuing education required under this section. In each	1315
subsequent year, any fiscal officer who is not licensed under	1316
section 3301.074 of the Revised Code shall complete eight hours of	1317
continuing education classes, courses, or workshops in the area of	1318
school accounting as approved by the sponsor of the school.	1319

Sec. 3314.013. (A)(1) Until July 1, 2000, no more than	1320
seventy-five contracts between start-up schools and the state	1321
board of education may be in effect outside the pilot project area	1322
at any time under this chapter.	1323

(2) After July 1, 2000, and until July 1, 2001, no more than	1324
one hundred twenty-five contracts between start-up schools and the	1325
state board of education may be in effect outside the pilot	1326
project area at any time under this chapter.	1327

(3) This division applies only to contracts between start-up	1328
schools and the state board of education and contracts between	1329
start-up schools and entities described in divisions (C)(1)(b) to	1330
(f) of section 3314.02 of the Revised Code.	1331

Until July 1, 2005, not more than two hundred twenty-five	1332
contracts to which this division applies may be in effect at any	1333
time under this chapter.	1334

(B) Within twenty-four hours of a request by any person, the	1335
superintendent of public instruction shall indicate the number of	1336
preliminary agreements for ~~state board-sponsored~~ start-up schools	1337
currently outstanding and the number of contracts for these	1338
schools in effect at the time of the request.	1339

(C) It is the intent of the general assembly to consider	1340
whether to provide limitations on the number of start-up community	1341
schools after July 1, 2001, following its examination of the	1342
results of the studies by the legislative office of education	1343
oversight required under ~~section~~Section 50.39 of Am. Sub. H.B.	1344
No. 215 of the 122nd general assembly and ~~section~~Section 50.52.2	1345
of Am. Sub. H.B. No. 215 of the 122nd general assembly, as amended	1346
by Am. Sub. H.B. No. 770 of the 122nd general assembly.	1347

Sec. 3314.015. (A) The department of education shall be	1348
responsible for the oversight of sponsors of the community schools	1349
established under this chapter and shall provide technical	1350
assistance to schools and sponsors in their compliance with	1351
applicable laws and the terms of the contracts entered into under	1352
section 3314.03 of the Revised Code and in the development and	1353
start-up activities of those schools. In carrying out its duties	1354
under this section, the department shall do all of the following:	1355

(1) In providing technical assistance to proposing parties,	1356
governing authorities, and sponsors, conduct training sessions and	1357
distribute informational materials;	1358

(2) Approve entities to be sponsors of community schools and	1359
monitor the effectiveness of those sponsors in their oversight of	1360
the schools with which they have contracted;	1361

(3) By December thirty-first of each year, issue a report	1362
to the governor, the speaker of the house of representatives, the	1363
president of the senate, and the chairpersons of the house and	1364
senate committees principally responsible for education matters	1365
regarding the effectiveness of academic programs, operations, and	1366
legal compliance and of the financial condition of all community	1367
schools established under this chapter;	1368

(4) From time to time, make legislative recommendations to	1369
the general assembly designed to enhance the operation and	1370
performance of community schools.	1371

(B)(1) No entity listed in division (C)(1) of section	1372
3314.02 of the Revised Code shall enter into a preliminary	1373
agreement under division (C)(2) of section 3314.02 of the Revised	1374
Code until it has received approval from the department of	1375
education to sponsor community schools under this chapter and has	1376
entered into a written agreement with the department regarding the	1377
manner in which the entity will conduct such sponsorship. The	1378
department shall adopt in accordance with Chapter 119. of the	1379
Revised Code rules containing criteria, procedures, and deadlines	1380
for processing applications for such approval, for oversight of	1381
sponsors, for revocation of the approval of sponsors, and for	1382
entering into written agreements with sponsors. The rules shall	1383
require an entity to submit evidence of the entity's ability and	1384
willingness to comply with the provisions of division (D) of	1385
section 3314.03 of the Revised Code.	1386

An entity that is approved to sponsor community schools may	1387
enter into any number of preliminary agreements and sponsor any	1388
number of schools, provided each school and the contract for	1389
sponsorship meets the requirements of this chapter.	1390

(2) The department of education shall determine, pursuant to	1391
criteria adopted by rule of the department, whether the mission	1392
proposed to be specified in the contract of a community school to	1393
be sponsored by a state university board of trustees or the	1394
board's designee under division (C)(1)(e) of section 3314.02 of	1395
the Revised Code complies with the requirements of that division.	1396
Such determination of the department is final.	1397

(3) The department of education shall determine, pursuant to	1398
criteria adopted by rule of the department, if any tax-exempt	1399
entity under section 501(c)(3) of the Internal Revenue Code that	1400
is proposed to be a sponsor of a community school is an	1401
education-oriented entity for purpose of satisfying the condition	1402
prescribed in division (C)(1)(e)(iv) of section 3314.02 of the	1403
Revised Code. Such determination of the department is final.	1404

(C) If at any time the state board of education finds that a	1405
sponsor is not in compliance or is no longer willing to comply	1406
with its contract with any community school or with the	1407
department's rules for sponsorship, the state board or designee	1408
shall conduct a hearing in accordance with Chapter 119. of the	1409
Revised Code on that matter. If after the hearing, the state	1410
board or designee has confirmed the original finding, the	1411
department of education may revoke the sponsor's approval to	1412
sponsor community schools and may assume the sponsorship of any	1413
schools with which the sponsor has contracted until the earlier of	1414
the expiration of two school years or until a new sponsor as	1415
described in division (C)(1) of section 3314.02 of the Revised	1416
Code is secured by the school's governing authority. The	1417
department may extend the term of the contract in the case of a	1418
school for which it has assumed sponsorship under this division as	1419
necessary to accommodate the term of the department's	1420
authorization to sponsor the school specified in this division.	1421

(D) The decision of the department to disapprove an entity	1422
for sponsorship of a community school or to revoke approval for	1423
such sponsorship, as provided in division (C) of this section, may	1424
be appealed by the entity in accordance with section 119.12 of the	1425
Revised Code.	1426

(E) In carrying out its duties under this chapter, the	1427
department shall not impose requirements on community schools or	1428
their sponsors that are not permitted by law or duly adopted	1429
rules.	1430

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

1431

(1) "Sponsor" means ~~a public~~an entity listed in division	1432
(C)(1) of this section, which has been approved by the department	1433
of education to sponsor community schools and with which the	1434
governing authority of the proposed community school enters into a	1435
contract pursuant to this section.	1436

(2) "Pilot project area" means the school districts included	1437
in the territory of the former community school pilot project	1438
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	1439
the 122nd general assembly.	1440

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

1441

(a) A school district that is part of the pilot project	1442
area;	1443

(b) A school district that is either in a state of academic	1444
emergency or in a state of academic watch under section 3302.03 of	1445
the Revised Code;	1446

1447

(d) An urban school district.

1448

(4) "Big eight school district" means a school district that	1449
for fiscal year 1997 had both of the following:	1450

(a) A percentage of children residing in the district and	1451
participating in the predecessor of Ohio works first greater than	1452
thirty per cent, as reported pursuant to section 3317.10 of the	1453
Revised Code;	1454

(b) An average daily membership greater than twelve	1455
thousand, as reported pursuant to former division (A) of section	1456
3317.03 of the Revised Code.	1457

(5) "New start-up school" means a community school other than	1458
one created by converting all or part of an existing public	1459
school, as designated in the school's contract pursuant to	1460
division (A)(17) of section 3314.03 of the Revised Code.	1461

(6) "Urban school district" means one of the state's	1462
twenty-one urban school districts as defined in division (O) of	1463
section 3317.02 of the Revised Code as that section existed prior	1464
to July 1, 1998.	1465

(7) "Internet- or computer-based community school" means a	1466
community school established under this chapter in which the	1467
enrolled students work primarily from their residences on	1468
assignments provided via an internet- or other computer-based	1469
instructional method that does not rely on regular classroom	1470
instruction.	1471

(B) Any person or group of individuals may initially propose	1472
under this division the conversion of all or a portion of a public	1473
school to a community school. No conversion community school shall	1474
be an internet- or computer-based community school. The proposal	1475
shall be made to the board of education of the city, local, or	1476
exempted village school district in which the public school is	1477
proposed to be converted. Upon receipt of a proposal, a board may	1478
enter into a preliminary agreement with the person or group	1479
proposing the conversion of the public school, indicating the	1480
intention of the board of education to support the conversion to a	1481
community school. A proposing person or group that has a	1482
preliminary agreement under this division may proceed to finalize	1483
plans for the school, establish a governing authority for the	1484
school, and negotiate a contract with the board of education.	1485
Provided the proposing person or group adheres to the preliminary	1486
agreement and all provisions of this chapter, the board of	1487
education shall negotiate in good faith to enter into a contract	1488
in accordance with section 3314.03 of the Revised Code and	1489
division (C) of this section.	1490

(C)(1) Any person or group of individuals may propose under	1491
this division the establishment of a new start-up school to be	1492
located in a challenged school district. The proposal may be made	1493
to any of the following ~~public~~ entities:	1494

(a) The board of education of the district in which the	1495
school is proposed to be located;	1496

(b) The board of education of any joint vocational school	1497
district with territory in the county in which is located the	1498
majority of the territory of the district in which the school is	1499
proposed to be located;	1500

(c) The board of education of any other city, local, or	1501
exempted village school district having territory in the same	1502
county where the district in which the school is proposed to be	1503
located has the major portion of its territory;	1504

(d) The ~~state board of education;~~

1505

~~(e) If the school is proposed to be located in the pilot~~	1506
~~project area, the~~ governing board of ~~the~~any educational service	1507
center ~~serving the county containing the majority of the territory~~	1508
~~of the pilot project area~~as long as the proposed school will be	1509
located in a county within the territory of the service center or	1510
in a county contiguous to such county;	1511

~~(f) If the school is proposed to be located in the pilot~~	1512
~~project area, a~~(e) A sponsoring authority designated by the board	1513
of trustees of ~~a state university located in the pilot project~~	1514
~~area,~~any of the thirteen state universities listed in section	1515
3345.011 of the Revised Code or the board of trustees itself as	1516
long as a mission of the proposed school to be specified in the	1517
contract under division (A)(2) of section 3314.03 of the Revised	1518
Code and as approved by the department of education under division	1519
(B)(2) of section 3314.015 of the Revised Code will be the	1520
practical demonstration of teaching methods, educational	1521
technology, or other teaching practices that are included in the	1522
curriculum of the university's teacher preparation program	1523
approved by the state board of education;	1524

(f) Any qualified tax-exempt entity under section	1525
501(c)(3) of the Internal Revenue Code as long as all of the	1526
following conditions are satisfied:	1527

(i) The entity has been in operation for at least five	1528
years prior to applying to be a community school sponsor.	1529

(ii) The entity has assets of at least five hundred	1530
thousand dollars.	1531

(iii) The department of education has determined that the	1532
entity is an education-oriented entity under division (B)(3) of	1533
section 3314.015 of the Revised Code.	1534

Until July 1, 2005, any entity described in division	1535
(C)(1)(f) of this section may sponsor only schools that formerly	1536
were sponsored by the state board of education under division	1537
(C)(1)(d) of this section, as it existed prior to the effective	1538
date of this amendment. After July 1, 2005, such entity may	1539
sponsor any new or existing school.	1540

~~The public~~Any entity described in division (C)(1) of this	1541
section may enter into a preliminary agreement pursuant to	1542
division (C)(2) of this section with the proposing person or	1543
group.	1544

(2) A preliminary agreement indicates the intention of a	1545
~~public~~an entity described in division (C)(1) of this section to	1546
sponsor the community school. A proposing person or group that	1547
has such a preliminary agreement may proceed to finalize plans for	1548
the school, establish a governing authority as described in	1549
division (E) of this section for the school, and negotiate a	1550
contract with the ~~public~~ entity. Provided the proposing person or	1551
group adheres to the preliminary agreement and all provisions of	1552
this chapter, the ~~public~~ entity shall negotiate in good faith to	1553
enter into a contract in accordance with section 3314.03 of the	1554
Revised Code.	1555

(3) A new start-up school that is established in a school	1556
district while that district is either in a state of academic	1557
emergency or in a state of academic watch under section 3302.03 of	1558
the Revised Code may continue in existence once the school	1559
district is no longer in a state of academic emergency or academic	1560
watch, provided there is a valid contract between the school and a	1561
sponsor.	1562

(4) A copy of every preliminary agreement entered into under	1563
this division shall be filed with the superintendent of public	1564
instruction.	1565

(D) A majority vote of the board of a sponsoring ~~school~~	1566
~~district board~~entity and a majority vote of the members of the	1567
governing authority of a community school shall be required to	1568
adopt a contract and convert the public school to a community	1569
school or establish the new start-up school. AnUp to the	1570
statewide limit prescribed in section 3314.013 of the Revised	1571
Code, an unlimited number of community schools may be established	1572
in any school district provided that a contract is entered into	1573
for each community school pursuant to this chapter.	1574

(E) As used in this division, "immediate relatives" are	1575
limited to spouses, children, parents, grandparents, siblings, and	1576
in-laws.	1577

Each new start-up community school established under this	1578
chapter shall be under the direction of a governing authority	1579
which shall consist of a board of not less than five individuals	1580
who are not owners or employees, or immediate relatives of owners	1581
or employees, of any for-profit firm that operates or manages a	1582
school for the governing authority.	1583

No person shall serve on the governing authority or	1584
operate the community school under contract with the governing	1585
authority so long as the person owes the state any money or is in	1586
a dispute over whether the person owes the state any money	1587
concerning the operation of a community school that has closed.	1588

(F) Nothing in this chapter shall be construed to permit the	1589
establishment of a community school in more than one school	1590
district under the same contract.	1591

Sec. 3314.022. The governing authority of any community	1592
school established under this chapter may contract with the	1593
governing authority of another community school, the board of	1594
education of a school district, the governing board of an	1595
educational service center, a county MR/DD board, or the	1596
administrative authority of a nonpublic school for provision of	1597
services for any disabled student enrolled at the school. Any	1598
school district board of education or educational service center	1599
governing board shall negotiate with a community school governing	1600
authority that seeks to contract for the provision of services for	1601
a disabled student under this section in the same manner as it	1602
would with the board of education of a school district that seeks	1603
to contract for such services.	1604

Sec. 3314.023. In order to provide monitoring and technical	1605
assistance, the sponsor of a community school shall be located or	1606
have representatives located within fifty miles of the location of	1607
the community school, or in the case of an internet- or	1608
computer-based community school, within fifty miles of the	1609
school's base of operation. A representative of the sponsor shall	1610
meet with the governing authority of the school and shall review	1611
the financial records of the school at least once every two	1612
months.	1613

Sec. 3314.024. A management company that provides services to	1614
a community school that amounts to more than twenty per cent of	1615
the annual gross revenues of the school shall provide a detailed	1616
accounting including the nature and costs of the services it	1617
provides to the community school. This information shall be	1618
included in the footnotes of the financial statements of the	1619
school and be subject to audit during the course of the regular	1620
financial audit of the community school.	1621

Sec. 3314.03. ~~(A)~~A copy of every contract entered into	1622
under this section shall be filed with the superintendent of	1623
public instruction.	1624

(A) Each contract entered into ~~under section 3314.02 of the~~	1625
~~Revised Code~~ between a sponsor and the governing authority of a	1626
community school shall specify the following:	1627

(1) That the school shall be established as aeither of the	1628
following:	1629

(a) A nonprofit corporation established under Chapter 1702.	1630
of the Revised Code, if established prior to the effective date of	1631
this amendment;	1632

(b) A public benefit corporation established under Chapter	1633
1702. of the Revised Code, if established after the effective date	1634
of this amendment;	1635

(2) The education program of the school, including the	1636
school's mission, the characteristics of the students the school	1637
is expected to attract, the ages and grades of students, and the	1638
focus of the curriculum;	1639

(3) The academic goals to be achieved and the method of	1640
measurement that will be used to determine progress toward those	1641
goals, which shall include the statewide achievement tests;	1642

(4) Performance standards by which the success of the school	1643
will be evaluated by the sponsor;	1644

(5) The admission standards of section 3314.06 of the	1645
Revised Code;	1646

(6)(a) Dismissal procedures;

1647

(b) A requirement that the governing authority adopt an	1648
attendance policy that includes a procedure for automatically	1649
withdrawing a student from the school if the student without a	1650
legitimate excuse fails to participate in one hundred five	1651
cumulative hours of the learning opportunities offered to the	1652
student. Such a policy shall provide for withdrawing the student	1653
by the end of the thirtieth day after the student has failed to	1654
participate as required under this division.	1655

(7) The ways by which the school will achieve racial and	1656
ethnic balance reflective of the community it serves;	1657

(8) Requirements ~~and procedures~~ for financial audits by the	1658
auditor of state. The contract shall require financial records of	1659
the school to be maintained in the same manner as are financial	1660
records of school districts, pursuant to rules of the auditor of	1661
state, and the audits shall be conducted in accordance with	1662
section 117.10 of the Revised Code.	1663

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

1664

(10) Qualifications of teachers, including a requirement	1665
that the school's classroom teachers be licensed in accordance	1666
with sections 3319.22 to 3319.31 of the Revised Code, except that	1667
a community school may engage noncertificated persons to teach up	1668
to twelve hours per week pursuant to section 3319.301 of the	1669
Revised Code;	1670

(11) That the school will comply with the following	1671
requirements:	1672

(a) The school will provide learning opportunities to a	1673
minimum of twenty-five students for a minimum of nine hundred	1674
twenty hours per school year;	1675

(b) The governing authority will purchase liability	1676
insurance, or otherwise provide for the potential liability of the	1677
school;	1678

(c) The school will be nonsectarian in its programs,	1679
admission policies, employment practices, and all other	1680
operations, and will not be operated by a sectarian school or	1681
religious institution;	1682

(d) The school will comply with ~~divisions (A), (B), and (C)~~	1683
~~of section 3301.0715 and~~ sections 9.90, 9.91, 109.65, 121.22,	1684
149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	1685
3301.0712, ~~3301.0714~~3301.0715, 3313.50, 3313.608, 3313.6012,	1686
3313.643, 3313.648, 3313.66, 3313.661, 3313.662, 3313.67,	1687
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80,	1688
3313.96, 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14,	1689
3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, ~~and~~	1690
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	1691
4112., 4123., 4141., and 4167. of the Revised Code as if it were a	1692
school district and will comply with section 3301.0714 of the	1693
Revised Code in the manner specified in section 3314.17 of the	1694
Revised Code;	1695

(e) The school shall comply with Chapter 102. of the Revised	1696
Code except that nothing in that chapter shall prohibit a member	1697
of the school's governing board from also being an employee of the	1698
school and nothing in that chapter or section 2921.42 of the	1699
Revised Code shall prohibit a member of the school's governing	1700
board from having an interest in a contract into which the	1701
governing board enters that is not a contract with a for-profit	1702
firm for the operation or management of a school under the	1703
auspices of the governing authority;	1704

(f) The school will comply with sections 3313.61, 3313.611,	1705
and 3313.614 of the Revised Code, except that the requirement in	1706
sections 3313.61 and 3313.611 of the Revised Code that a person	1707
must successfully complete the curriculum in any high school prior	1708
to receiving a high school diploma may be met by completing the	1709
curriculum adopted by the governing authority of the community	1710
school rather than the curriculum specified in Title XXXIII of the	1711
Revised Code or any rules of the state board of education;	1712

(g) The school governing authority will submit ~~an annual~~	1713
within four months after the end of each school year a report of	1714
its activities and progress in meeting the goals and standards of	1715
divisions (A)(3) and (4) of this section and its financial status	1716
to the sponsor, the parents of all students enrolled in the	1717
school, and the legislative office of education oversight. The	1718
school will collect and provide any data that the legislative	1719
office of education oversight requests in furtherance of any study	1720
or research that the general assembly requires the office to	1721
conduct, including the studies required under Section 50.39 of Am.	1722
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	1723
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	1724

(12) Arrangements for providing health and other benefits to	1725
employees;	1726

(13) The length of the contract, which shall begin at the	1727
beginning of an academic year ~~and~~. No contract shall ~~not~~ exceed	1728
five years;unless such contract has been renewed pursuant to	1729
division (E) of this section.	1730

(14) The governing authority of the school, which shall be	1731
responsible for carrying out the provisions of the contract;	1732

(15) A financial plan detailing an estimated school budget	1733
for each year of the period of the contract and specifying the	1734
total estimated per pupil expenditure amount for each such year.	1735
The plan shall specify for each year the base formula amount that	1736
will be used for purposes of funding calculations under section	1737
3314.08 of the Revised Code. This base formula amount for any	1738
year shall not exceed the formula amount defined under section	1739
3317.02 of the Revised Code. The plan may also specify for any	1740
year a percentage figure to be used for reducing the per pupil	1741
amount of disadvantaged pupil impact aid calculated pursuant to	1742
section 3317.029 of the Revised Code the school is to receive that	1743
year under section 3314.08 of the Revised Code.	1744

(16) Requirements and procedures regarding the disposition	1745
of employees of the school in the event the contract is terminated	1746
or not renewed pursuant to section 3314.07 of the Revised Code;	1747

(17) Whether the school is to be created by converting all	1748
or part of an existing public school or is to be a new start-up	1749
school, and if it is a converted public school, specification of	1750
any duties or responsibilities of an employer that the board of	1751
education that operated the school before conversion is delegating	1752
to the governing board of the community school with respect to all	1753
or any specified group of employees provided the delegation is not	1754
prohibited by a collective bargaining agreement applicable to such	1755
employees;	1756

(18) Provisions establishing procedures for resolving	1757
disputes or differences of opinion between the sponsor and the	1758
governing authority of the community school;	1759

(19) A provision requiring the governing authority to adopt	1760
a policy regarding the admission of students who reside outside	1761
the district in which the school is located. That policy shall	1762
comply with the admissions procedures specified in section 3314.06	1763
of the Revised Code and, at the sole discretion of the authority,	1764
shall do one of the following:	1765

(a) Prohibit the enrollment of students who reside outside	1766
the district in which the school is located;	1767

(b) Permit the enrollment of students who reside in	1768
districts adjacent to the district in which the school is located;	1769

(c) Permit the enrollment of students who reside in any	1770
other district in the state.	1771

(20) A provision recognizing the authority of the department	1772
of education to take over the sponsorship of the school in	1773
accordance with the provisions of division (C) of section 3314.015	1774
of the Revised Code;	1775

(21) A provision recognizing the sponsor's authority to	1776
assume the operation of a school under the conditions specified in	1777
division (B) of section 3314.073 of the Revised Code;	1778

(22) A provision recognizing both of the following:

1779

(a) The authority of public health and safety officials to	1780
inspect the facilities of the school and to order the facilities	1781
closed if those officials find that the facilities are not in	1782
compliance with health and safety laws and regulations;	1783

(b) The authority of the department of education as the	1784
community school oversight body to suspend the operation of the	1785
school under section 3314.072 of the Revised Code if the	1786
department has evidence of conditions or violations of law at the	1787
school that pose an imminent danger to the health and safety of	1788
the school's students and employees and the sponsor refuses to	1789
take such action;	1790

(23) A description of the learning opportunities that will	1791
be offered to students including both classroom-based and	1792
non-classroom-based learning opportunities that is in compliance	1793
with criteria for student participation established by the	1794
department under division (L)(2) of section 3314.08 of the Revised	1795
Code.	1796

(B) The community school shall also submit to the sponsor a	1797
comprehensive plan for the school. The plan shall specify the	1798
following:	1799

(1) The process by which the governing authority of the	1800
school will be selected in the future;	1801

(2) The management and administration of the school;

1802

(3) If the community school is a currently existing public	1803
school, alternative arrangements for current public school	1804
students who choose not to attend the school and teachers who	1805
choose not to teach in the school after conversion;	1806

(4) The instructional program and educational philosophy of	1807
the school;	1808

(5) Internal financial controls.

1809

(C) A contract entered into under section 3314.02 of the	1810
Revised Code between a sponsor and the governing authority of a	1811
community school may provide for the community school governing	1812
authority to make payments to the sponsor, which is hereby	1813
authorized to receive such payments as set forth in the contract	1814
between the governing authority and the sponsor. The total amount	1815
of such payments for oversight and monitoring of the school shall	1816
not exceed three per cent of the total amount of payments for	1817
operating expenses that the school receives from the state.	1818

(D) The contract shall specify the duties of the sponsor	1819
which shall be in accordance with the written agreement entered	1820
into with the department of education under division (B) of	1821
section 3314.015 of the Revised Code and shall include the	1822
following:	1823

(1) Monitor the community school's compliance with all laws	1824
applicable to the school and with the terms of the contract;	1825

(2) Monitor and evaluate the academic and fiscal	1826
performance and the organization and operation of the community	1827
school on at least an annual basis;	1828

(3) Report on an annual basis the results of the evaluation	1829
conducted under division (D)(2) of this section to the department	1830
of education and to the parents of students enrolled in the	1831
community school;	1832

(4) Provide technical assistance to the community school	1833
in complying with laws applicable to the school and terms of the	1834
contract;	1835

(5) Take steps to intervene in the school's operation to	1836
correct problems in the school's overall performance, declare the	1837
school to be on probationary status pursuant to section 3314.073	1838
of the Revised Code, suspend the operation of the school pursuant	1839
to section 3314.072 of the Revised Code, or terminate the contract	1840
of the school pursuant to section 3314.07 of the Revised Code as	1841
determined necessary by the sponsor;	1842

(6) Have in place a plan of action to be undertaken in the	1843
event the community school experiences financial difficulties or	1844
closes prior to the end of a school year.	1845

(E) Upon the expiration of a contract entered into under	1846
this section, the sponsor of a community school may, with the	1847
approval of the governing authority of the school, renew that	1848
contract for a period of time determined by the sponsor, but not	1849
ending earlier than the end of any school year, if the sponsor	1850
finds that the school's compliance with applicable laws and terms	1851
of the contract and the school's progress in meeting the academic	1852
goals prescribed in the contract have been satisfactory. Any	1853
contract that is renewed under this division remains subject to	1854
the provisions of sections 3314.07, 3314.072, and 3314.073 of the	1855
Revised Code.	1856

Sec. 3314.031. (A) As used in this section:

1857

(1) "Harmful to juveniles" has the same meaning as in	1858
section 2907.01 of the Revised Code.	1859

(2) "Obscene" has the same meaning as in division (F) of	1860
section 2907.01 of the Revised Code as that division has been	1861
construed by the supreme court of this state.	1862

(B) It is the intent of the general assembly that teachers	1863
employed by internet- or computer-based community schools conduct	1864
visits with their students in person throughout the school year.	1865

(C) For any internet- or computer-based community school,	1866
the contract between the sponsor and the governing authority of	1867
the school described in section 3314.03 of the Revised Code shall	1868
specify each of the following:	1869

(1) A requirement that the school use a filtering device or	1870
install filtering software that protects against internet access	1871
to materials that are obscene or harmful to juveniles on each	1872
computer provided to students for instructional use. The school	1873
shall provide such device or software at no cost to any student	1874
who works primarily from the student's residence on a computer	1875
obtained from a source other than the school.	1876

(2) A plan for fulfilling the intent of the general assembly	1877
specified in division (B) of this section. The plan shall	1878
indicate the number of times teachers will visit each student	1879
throughout the school year and the manner in which those visits	1880
will be conducted.	1881

(3) That the school will set up a central base of operation	1882
and the sponsor will maintain a representative within fifty miles	1883
of that base of operation to provide monitoring and assistance.	1884

Sec. 3314.032. (A)(1) Each child enrolled in an internet- or	1885
computer-based community school is entitled to a computer supplied	1886
by the school.	1887

(2) Notwithstanding division (A)(1) of this section, if more	1888
than one child living in a single household is enrolled in an	1889
internet- or computer-based community school, at the option of the	1890
parent of those children, the school may supply less than one	1891
computer per child, as long as at least one computer is supplied	1892
to the household. The parent may amend the decision to accept	1893
less than one computer per child anytime during the school year,	1894
and, in such case, within thirty days after the parent notifies	1895
the school of such amendment, the school shall provide any	1896
additiona1 computers requested by the parent up to the number	1897
necessary to comply with division (A)(1) of this section.	1898

(B) Each internet- or computer-based community school shall	1899
provide to each parent who is considering enrolling the parent's	1900
child in the school and to the parent of each child already	1901
enrolled in the school a written notice of the provisions	1902
prescribed in divisions (A)(1) and (2) of this section.	1903

Sec. 3314.041. The governing authority of each community	1904
school and any operator of such school shall place in a	1905
conspicuous manner in all documents that are distributed to	1906
parents of students of the school or to the general public the	1907
following statement:	1908

"The .............. (here fill in name of the school) school	1909
is a community school established under Chapter 3314. of the	1910
Revised Code. The school is a public school and students enrolled	1911
in and attending the school are required to take proficiency tests	1912
and other examinations prescribed by law. In addition, there may	1913
be other requirements for students at the school that are	1914
prescribed by law. Students who have been excused from the	1915
compulsory attendance law for the purpose of home education as	1916
defined by the Administrative Code shall no longer be excused for	1917
that purpose upon their enrollment in a community school. For more	1918
information about this matter contact the school administration or	1919
the Ohio Department of Education."	1920

Sec. 3314.05. ~~The~~Division (A) of this section shall not	1921
apply to internet- or computer-based community schools.	1922

The contract between the community school and the sponsor	1923
shall specify the facilities to be used for the community school	1924
and the method of acquisition. A	1925

(A) A school may be located in multiple facilities under the	1926
same contract only if the limitations on availability of space	1927
prohibit serving all the grade levels specified in the contract in	1928
a single facility. The school shall not offer the same grade	1929
level classrooms in more than one facility.	1930

Any facility used for a community school shall meet all	1931
health and safety standards established by law for school	1932
buildings.	1933

(B) In the case where a community school is proposed to be	1934
located in a facility owned by a school district or educational	1935
service center, the facility may not be used for such community	1936
school unless the district or service center board owning the	1937
facility enters into an agreement for the community school to	1938
utilize the facility. Use of the facility may be under any terms	1939
and conditions agreed to by the district or service center board	1940
and the school.	1941

Sec. 3314.06. The governing authority of each community	1942
school established under this chapter shall adopt admission	1943
procedures that specify the following:	1944

(A) That except as otherwise provided in this section,	1945
admission to the school shall be open to any individual age five	1946
to twenty-two entitled to attend school pursuant to section	1947
3313.64 or 3313.65 of the Revised Code in a school district in the	1948
state.	1949

(B)(1) That admission to the school may be limited to	1950
students who have attained a specific grade level or are within a	1951
specific age group; to students that meet a definition of	1952
"at-risk," as defined in the contract; or to residents of a	1953
specific geographic area within the district, as defined in the	1954
contract.	1955

(2) For purposes of division (B)(1) of this section,	1956
"at-risk" students may include those students identified as gifted	1957
students under section 3324.03 of the Revised Code.	1958

(C) Whether enrollment is limited to students who reside in	1959
the district in which the school is located or is open to	1960
residents of other districts, as provided in the policy adopted	1961
pursuant to the contract.	1962

(D)(1) That there will be no discrimination in the admission	1963
of students to the school on the basis of race, creed, color,	1964
handicapping condition, or sex~~; and that,~~except that the	1965
governing authority may establish single-gender schools for the	1966
purpose described in division (G) of this section provided	1967
comparable facilities and learning opportunities are offered for	1968
both boys and girls. Such comparable facilities and opportunities	1969
may be offered for each sex at separate locations.	1970

(2) That upon admission of any handicapped student, the	1971
community school will comply with all federal and state laws	1972
regarding the education of handicapped students.	1973

(E) That the school may not limit admission to students on	1974
the basis of intellectual ability, measures of achievement or	1975
aptitude, or athletic ability, except that a school may limit its	1976
enrollment to students as described in division (B)(2) of this	1977
section.	1978

(F) That the community school will admit the number of	1979
students that does not exceed the capacity of the school's	1980
programs, classes, grade levels, or facilities.	1981

(G) That the purpose of single-gender schools that are	1982
established shall be to take advantage of the academic benefits	1983
some students realize from single-gender instruction and	1984
facilities and to offer students and parents residing in the	1985
district the option of a single-gender education.	1986

(H) That, except as otherwise provided under division (B) of	1987
this section, if the number of applicants exceeds the capacity	1988
restrictions of division (F) of this section, students shall be	1989
admitted by lot from all those submitting applications, except	1990
preference shall be given to students attending the school the	1991
previous year and to students who reside in the district in which	1992
the school is located. Preference may be given to siblings of	1993
students attending the school the previous year.	1994

Notwithstanding divisions (A) ~~through (G)~~to (H) of this	1995
section, in the event the racial composition of the enrollment of	1996
the community school is violative of a federal desegregation	1997
order, the community school shall take any and all corrective	1998
measures to comply with the desegregation order.	1999

Sec. 3314.07. (A) The expiration of the contract for a	2000
community school between a sponsor and a school shall be the date	2001
provided in the contract. A successor contract may be entered	2002
into pursuant to division (E) of section 3314.03 of the Revised	2003
Code unless the contract is terminated or not renewed pursuant to	2004
this section.	2005

(B)(1) A sponsor may choose not to renew a contract at its	2006
expiration or may choose to terminate a contract prior to its	2007
expiration for any of the following reasons:	2008

(a) Failure to meet student performance requirements stated	2009
in the contract;	2010

(b) Failure to meet generally accepted standards of fiscal	2011
management;	2012

(c) Violation of any provision of the contract or applicable	2013
state or federal law;	2014

(d) Other good cause.

2015

(2) A sponsor may choose to terminate a contract prior to its	2016
expiration if the sponsor has suspended the operation of the	2017
contract under section 3314.072 of the Revised Code.	2018

(3) At least ninety days prior to the termination or	2019
nonrenewal of a contract, the sponsor shall notify the school of	2020
the proposed action in writing. The notice shall include the	2021
reasons for the proposed action in detail, the effective date of	2022
the termination or nonrenewal, and a statement that the school	2023
may, within fourteen days of receiving the notice, request an	2024
informal hearing before the sponsor. Such request must be in	2025
writing. The informal hearing shall be held within seventy days of	2026
the receipt of a request for the hearing. Promptly following the	2027
informal hearing, the sponsor shall issue a written decision	2028
either affirming or rescinding the decision to terminate or not	2029
renew the contract.	2030

(4) A decision by the sponsor to terminate a contract may be	2031
appealed to the state board of education. The decision by the	2032
state board pertaining to an appeal under this division is final.	2033
If the sponsor is the state board, its decision to terminate a	2034
contract under division (B)~~(4)~~(3) of this section shall be final.	2035

(5) The termination of a contract under this section shall	2036
be effective upon the occurrence of the later of the following	2037
events:	2038

(a) Ninety days following the date the sponsor notifies the	2039
school of its decision to terminate the contract as prescribed in	2040
division (B)(3) of this section;	2041

(b) If an informal hearing is requested under division	2042
(B)(3) of this section and as a result of that hearing the sponsor	2043
affirms its decision to terminate the contract, the effective date	2044
of the termination specified in the notice issued under division	2045
(B)(3) of this section, or if that decision is appealed to the	2046
state board under division (B)(4) of this section and the state	2047
board affirms that decision, the date established in the	2048
resolution of the state board affirming the sponsor's decision.	2049

(C) A child attending a community school whose contract has	2050
been terminated, nonrenewed, or suspended or that closes for any	2051
reason shall be admitted to the schools of the district in which	2052
the child is entitled to attend under section 3313.64 or 3313.65	2053
of the Revised Code. Any deadlines established for the purpose of	2054
admitting students under section 3313.97 or 3313.98 of the Revised	2055
Code shall be waived for students to whom this division pertains.	2056

(D) A sponsor of a community school and the officers,	2057
directors, or employees of such a sponsor are not liable in	2058
damages in a tort or other civil action for harm allegedly arising	2059
from either of the following:	2060

(1) A failure of the community school or any of its	2061
officers, directors, or employees to perform any statutory or	2062
common law duty or responsibility or any other legal obligation;	2063

(2) An action or omission of the community school or any of	2064
its officers, directors, or employees that results in harm.	2065

(E) As used in this section:

2066

(1) "Harm" means injury, death, or loss to person or	2067
property.	2068

(2) "Tort action" means a civil action for damages for	2069
injury, death, or loss to person or property other than a civil	2070
action for damages for a breach of contract or another agreement	2071
between persons.	2072

Sec. 3314.072. The provisions of this section are enacted to	2073
promote the public health, safety, and welfare by establishing	2074
procedures under which the governing authorities of community	2075
schools established under this chapter will be held accountable	2076
for their compliance with the terms of the contracts they enter	2077
into with their school's sponsors and the law relating to the	2078
school's operation. Suspension of the operation of a school	2079
imposed under this section is intended to encourage the governing	2080
authority's compliance with the terms of the school's contract and	2081
the law and is not intended to be an alteration of the terms of	2082
that contract.	2083

(A) If a sponsor of a community school established under	2084
this chapter suspends the operation of that school pursuant to	2085
procedures set forth in this section, the governing authority	2086
shall not operate that school while the suspension is in effect.	2087
Any such suspension shall remain in effect until the sponsor	2088
notifies the governing authority that it is no longer in effect.	2089
The contract of a school of which operation is suspended under	2090
this section also may be subject to termination or nonrenewal	2091
under section 3314.07 of the Revised Code.	2092

(B) If at any time ~~the sponsor of a community school~~	2093
~~established under this chapter determines that~~ conditions at the	2094
school do not comply with a health and safety standard established	2095
by law for school buildings, the sponsor shall immediately suspend	2096
the operation of the school pursuant to procedures set forth in	2097
division (D) of this section. If the sponsor fails to take action	2098
to suspend the operation of a school to which this division	2099
applies, the department of education may take such action.	2100

(C)(1) For any of the reasons prescribed in division	2101
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	2102
sponsor of a community school established under this chapter may	2103
suspend the operation of the school only if it first issues to the	2104
governing authority notice of the sponsor's intent to suspend the	2105
operation of the contract. Such notice shall explain the reasons	2106
for the sponsor's intent to suspend operation of the contract and	2107
shall provide the school's governing authority with five business	2108
days to submit to the sponsor a proposal to remedy the conditions	2109
cited as reasons for the suspension.	2110

(2) The sponsor shall promptly review any proposed remedy	2111
timely submitted by the governing authority and either approve or	2112
disapprove the remedy. If the sponsor disapproves the remedy	2113
proposed by the governing authority, if the governing authority	2114
fails to submit a proposed remedy in the manner prescribed by the	2115
sponsor, or if the governing authority fails to implement the	2116
remedy as approved by the sponsor, the sponsor may suspend	2117
operation of the school pursuant to procedures set forth in	2118
division (D) of this section.	2119

(D)(1) If division (B) of this section applies or if the	2120
sponsor of a community school established under this chapter	2121
decides to suspend the operation of a school as permitted in	2122
division (C)(2) of this section, the sponsor shall promptly send	2123
written notice to the governing authority stating that the	2124
operation of the school is immediately suspended, and explaining	2125
the specific reasons for the suspension. The notice shall state	2126
that the governing authority has five business days to submit a	2127
proposed remedy to the conditions cited as reasons for the	2128
suspension or face potential contract termination.	2129

(2) Upon receipt of the notice of suspension prescribed	2130
under division (D)(1) of this section, the governing authority	2131
shall immediately notify the employees of the school and the	2132
parents of the students enrolled in the school of the suspension	2133
and the reasons therefore, and shall cease all school operations	2134
on the next business day.	2135

Sec. 3314.073. (A) In lieu of termination of a contract or	2136
suspension of the operation of a school as provided for in	2137
sections 3314.07 and 3314.072 of the Revised Code, respectively,	2138
after consultation with the governing authority of a community	2139
school under its sponsorship, if a sponsor finds that any of the	2140
conditions prescribed in division (B)(1) of section 3314.07 of the	2141
Revised Code apply to the school, the sponsor may declare in	2142
written notice to the governing authority that the school is in a	2143
probationary status which shall not extend beyond the end of the	2144
current school year. The notice shall specify the conditions that	2145
warrant probationary status. The sponsor may declare a school to	2146
be in such status only if it has received from the governing	2147
authority reasonable assurances to the satisfaction of the sponsor	2148
that the governing authority can and will take actions necessary	2149
to remedy the conditions that have warranted such probationary	2150
status as specified by the sponsor.	2151

(B) The sponsor shall monitor the actions taken by the	2152
governing authority to remedy the conditions that have warranted	2153
probationary status as specified by the sponsor and may take over	2154
the operation of the school as provided in the contract or may	2155
take steps to terminate the contract with the governing authority	2156
or to suspend operation of the school if the sponsor at any time	2157
finds that the governing authority is no longer able or willing to	2158
remedy those conditions to the satisfaction of the sponsor.	2159

Sec. 3314.074. Divisions (A) and (B) of this section apply	2160
only to the extent permitted under Chapter 1702. of the Revised	2161
Code.	2162

(A) If any community school established under this chapter	2163
permanently closes and ceases its operation as a community school,	2164
the assets of that school shall be distributed first to the	2165
retirement funds of employees of the school, employees of the	2166
school, and private creditors who are owed compensation and then	2167
any remaining funds shall be paid to the state treasury to the	2168
credit of the general revenue fund.	2169

(B) If a community school closes and ceases to operate as a	2170
community school and the school has received computer hardware or	2171
software from the Ohio SchoolNet commission, such hardware or	2172
software shall be returned to the commission, and the commission	2173
shall redistribute the hardware and software, to the extent such	2174
redistribution is possible, to school districts in conformance	2175
with the provisions of the programs operated and administered by	2176
the commission.	2177

(C) If the assets of the school are insufficient to pay all	2178
persons or entities to whom compensation is owed, the	2179
prioritization of the distribution of the assets to individual	2180
persons or entities within each class of payees may be determined	2181
by decree of a court in accordance with this section and Chapter	2182
1702. of the Revised Code.	2183

Sec. 3314.08. (A) As used in this section:

2184

(1) "Base formula amount" means the amount specified as such	2185
in a community school's financial plan for a school year pursuant	2186
to division (A)(15) of section 3314.03 of the Revised Code.	2187

(2) "Cost-of-doing-business factor" has the same meaning as	2188
in section 3317.02 of the Revised Code.	2189

(3) "IEP" means an individualized education program as	2190
defined in section 3323.01 of the Revised Code.	2191

(4) "Applicable special education weight" means the multiple	2192
specified in section 3317.013 of the Revised Code for a handicap	2193
described in that section.	2194

(5) "Applicable vocational education weight" means:

2195

(a) For a student enrolled in vocational education programs	2196
or classes described in division (A) of section 3317.014 of the	2197
Revised Code, the multiple specified in that division;	2198

(b) For a student enrolled in vocational education programs	2199
or classes described in division (B) of section 3317.014 of the	2200
Revised Code, the multiple specified in that division.	2201

(6) "Entitled to attend school" means entitled to attend	2202
school in a district under section 3313.64 or 3313.65 of the	2203
Revised Code.	2204

(7) A community school student is "included in the DPIA	2205
student count" of a school district if the student is entitled to	2206
attend school in the district and:	2207

(a) For school years prior to fiscal year 2004, the	2208
student's family receives assistance under the Ohio works first	2209
program.	2210

(b) For school years in and after fiscal year 2004, the	2211
student's family income does not exceed the federal poverty	2212
guidelines, as defined in section 5101.46 of the Revised Code, and	2213
the student's family receives family assistance, as defined in	2214
section 3317.029 of the Revised Code.	2215

(8) "DPIA reduction factor" means the percentage figure, if	2216
any, for reducing the per pupil amount of disadvantaged pupil	2217
impact aid a community school is entitled to receive pursuant to	2218
divisions (D)(5) and (6) of this section in any year, as specified	2219
in the school's financial plan for the year pursuant to division	2220
(A)(15) of section 3314.03 of the Revised Code.	2221

(9) "All-day kindergarten" has the same meaning as in section	2222
3317.029 of the Revised Code.	2223

(B) The state board of education shall adopt rules requiring	2224
both of the following:	2225

(1) The board of education of each city, exempted village,	2226
and local school district to annually report the number of	2227
students entitled to attend school in the district who are	2228
enrolled in grades one through twelve in a community school	2229
established under this chapter, the number of students entitled to	2230
attend school in the district who are enrolled in kindergarten in	2231
a community school, the number of those kindergartners who are	2232
enrolled in all-day kindergarten in their community school, and	2233
for each child, the community school in which the child is	2234
enrolled.	2235

(2) The governing authority of each community school	2236
established under this chapter to annually report all of the	2237
following:	2238

(a) The number of students enrolled in grades one through	2239
twelve and the number of students enrolled in kindergarten in the	2240
school who are not receiving special education and related	2241
services pursuant to an IEP;	2242

(b) The number of enrolled students in grades one through	2243
twelve and the number of enrolled students in kindergarten, who	2244
are receiving special education and related services pursuant to	2245
an IEP;	2246

(c) The number of students reported under division (B)(2)(b)	2247
of this section receiving special education and related services	2248
pursuant to an IEP for a handicap described in each of divisions	2249
(A) to (F) of section 3317.013 of the Revised Code;	2250

(d) The full-time equivalent number of students reported	2251
under divisions (B)(2)(a) and (b) of this section who are enrolled	2252
in vocational education programs or classes described in each of	2253
divisions (A) and (B) of section 3317.014 of the Revised Code that	2254
are provided by the community school;	2255

(e) One-fourth of the number of students reported under	2256
divisions (B)(2)(a) and (b) of this section who are not reported	2257
under division (B)(2)(d) of this section but who are enrolled in	2258
vocational education programs or classes described in each of	2259
divisions (A) and (B) of section 3317.014 of the Revised Code at a	2260
joint vocational school district under a contract between the	2261
community school and the joint vocational school district and are	2262
entitled to attend school in a city, local, or exempted village	2263
school district whose territory is part of the territory of the	2264
joint vocational district;	2265

(f) The number of enrolled preschool handicapped students	2266
receiving special education services in a state-funded unit;	2267

~~(f)~~(g) The community school's base formula amount;

2268

~~(g)~~(h) For each student, the city, exempted village, or	2269
local school district in which the student is entitled to attend	2270
school;	2271

~~(h)~~(i) Any DPIA reduction factor that applies to a school	2272
year.	2273

(C) From the payments made to a city, exempted village, or	2274
local school district under Chapter 3317. of the Revised Code and,	2275
if necessary, sections 321.14 and 323.156 of the Revised Code, the	2276
department of education shall annually subtract all of the	2277
following:	2278

(1) An amount equal to the sum of the amounts obtained when,	2279
for each community school where the district's students are	2280
enrolled, the number of the district's students reported under	2281
divisions (B)(2)(a) ~~and~~, (b), and (e) of this section who are	2282
enrolled in grades one through twelve, and one-half the number of	2283
students reported under those divisions who are enrolled in	2284
kindergarten, in that community school is multiplied by the base	2285
formula amount of that community school as adjusted by the school	2286
district's cost-of-doing-business factor.	2287

(2) The sum of the amounts calculated under divisions	2288
(C)(2)(a) and (b) of this section:	2289

(a) For each of the district's students reported under	2290
division (B)(2)(c) of this section as enrolled in a community	2291
school in grades one through twelve and receiving special	2292
education and related services pursuant to an IEP for a handicap	2293
described in section 3317.013 of the Revised Code, the product of	2294
the applicable special education weight times the community	2295
school's base formula amount;	2296

(b) For each of the district's students reported under	2297
division (B)(2)(c) of this section as enrolled in kindergarten in	2298
a community school and receiving special education and related	2299
services pursuant to an IEP for a handicap described in section	2300
3317.013 of the Revised Code, one-half of the amount calculated as	2301
prescribed in division (C)(2)(a) of this section.	2302

(3) For each of the district's students reported under	2303
division (B)(2)(d) of this section for whom payment is made under	2304
division (D)(4) of this section, the amount of that payment;	2305

(4) An amount equal to the sum of the amounts obtained when,	2306
for each community school where the district's students are	2307
enrolled, the number of the district's students enrolled in that	2308
community school who are included in the district's DPIA student	2309
count is multiplied by the per pupil amount of disadvantaged pupil	2310
impact aid the school district receives that year pursuant to	2311
division (B) or (C) of section 3317.029 of the Revised Code, as	2312
adjusted by any DPIA reduction factor of that community school. If	2313
the district receives disadvantaged pupil impact aid under	2314
division (B) of that section, the per pupil amount of that aid is	2315
the quotient of the amount the district received under that	2316
division divided by the district's DPIA student count, as defined	2317
in that section. If the district receives disadvantaged pupil	2318
impact aid under division (C) of section 3317.029 of the Revised	2319
Code, the per pupil amount of that aid is the per pupil dollar	2320
amount prescribed for the district in division (C)(1) or (2) of	2321
that section.	2322

(5) An amount equal to the sum of the amounts obtained when,	2323
for each community school where the district's students are	2324
enrolled, the district's per pupil amount of aid received under	2325
division (E) of section 3317.029 of the Revised Code, as adjusted	2326
by any DPIA reduction factor of the community school, is	2327
multiplied by the sum of the following:	2328

(a) The number of the district's students reported under	2329
division (B)(2)(a) of this section who are enrolled in grades one	2330
to three in that community school and who are not receiving	2331
special education and related services pursuant to an IEP;	2332

(b) One-half of the district's students who are enrolled in	2333
all-day or any other kindergarten class in that community school	2334
and who are not receiving special education and related services	2335
pursuant to an IEP;	2336

(c) One-half of the district's students who are enrolled in	2337
all-day kindergarten in that community school and who are not	2338
receiving special education and related services pursuant to an	2339
IEP.	2340

The district's per pupil amount of aid under division (E) of	2341
section 3317.029 of the Revised Code is the quotient of the amount	2342
the district received under that division divided by the	2343
district's kindergarten through third grade ADM, as defined in	2344
that section.	2345

(D) The department shall annually pay to a community school	2346
established under this chapter all of the following:	2347

(1) An amount equal to the sum of the amounts obtained when	2348
the number of students enrolled in grades one through twelve, plus	2349
one-half of the kindergarten students in the school, reported	2350
under divisions (B)(2)(a) ~~and~~, (b), and (e) of this section who	2351
are not receiving special education and related services pursuant	2352
to an IEP for a handicap described in section 3317.013 of the	2353
Revised Code is multiplied by the community school's base formula	2354
amount, as adjusted by the cost-of-doing-business factor of the	2355
school district in which the student is entitled to attend school;	2356

(2) The greater of the following:

2357

(a) The aggregate amount that the department paid to the	2358
community school in fiscal year 1999 for students receiving	2359
special education and related services pursuant to IEPs, excluding	2360
federal funds and state disadvantaged pupil impact aid funds;	2361

(b) The sum of the amounts calculated under divisions	2362
(D)(2)(b)(i) and (ii) of this section:	2363

(i) For each student reported under division (B)(2)(c) of	2364
this section as enrolled in the school in grades one through	2365
twelve and receiving special education and related services	2366
pursuant to an IEP for a handicap described in section 3317.013	2367
of the Revised Code, the following amount:	2368

(the community school's base formula amount

2369

X the cost-of-doing-business factor

2370

of the district where the student

2371

is entitled to attend school) +	2372

(the applicable special education weight X

2373

the community school's base formula amount);

2374

(ii) For each student reported under division (B)(2)(c) of	2375
this section as enrolled in kindergarten and receiving special	2376
education and related services pursuant to an IEP for a handicap	2377
described in section 3317.013 of the Revised Code, one-half of	2378
the amount calculated under the formula prescribed in division	2379
(D)(2)(b)(i) of this section.	2380

(3) An amount received from federal funds to provide special	2381
education and related services to students in the community	2382
school, as determined by the superintendent of public instruction.	2383

(4) For each student reported under division (B)(2)(d) of	2384
this section as enrolled in vocational education programs or	2385
classes that are described in section 3317.014 of the Revised	2386
Code, are provided by the community school, and are comparable as	2387
determined by the superintendent of public instruction to school	2388
district vocational education programs and classes eligible for	2389
state weighted funding under section 3317.014 of the Revised Code,	2390
an amount equal to the applicable vocational education weight	2391
times the community school's base formula amount times the	2392
percentage of time the student spends in the vocational education	2393
programs or classes.	2394

(5) An amount equal to the sum of the amounts obtained when,	2395
for each school district where the community school's students are	2396
entitled to attend school, the number of that district's students	2397
enrolled in the community school who are included in the	2398
district's DPIA student count is multiplied by the per pupil	2399
amount of disadvantaged pupil impact aid that school district	2400
receives that year pursuant to division (B) or (C) of section	2401
3317.029 of the Revised Code, as adjusted by any DPIA reduction	2402
factor of the community school. The per pupil amount of aid shall	2403
be determined as described in division (C)(4) of this section.	2404

(6) An amount equal to the sum of the amounts obtained when,	2405
for each school district where the community school's students are	2406
entitled to attend school, the district's per pupil amount of aid	2407
received under division (E) of section 3317.029 of the Revised	2408
Code, as adjusted by any DPIA reduction factor of the community	2409
school, is multiplied by the sum of the following:	2410

(a) The number of the district's students reported under	2411
division (B)(2)(a) of this section who are enrolled in grades one	2412
to three in that community school and who are not receiving	2413
special education and related services pursuant to an IEP;	2414

(b) One-half of the district's students who are enrolled in	2415
all-day or any other kindergarten class in that community school	2416
and who are not receiving special education and related services	2417
pursuant to an IEP;	2418

(c) One-half of the district's students who are enrolled in	2419
all-day kindergarten in that community school and who are not	2420
receiving special education and related services pursuant to an	2421
IEP.	2422

The district's per pupil amount of aid under division (E) of	2423
section 3317.029 of the Revised Code shall be determined as	2424
described in division (C)(5) of this section.	2425

(E)(1) If a community school's costs for a fiscal year for a	2426
student receiving special education and related services pursuant	2427
to an IEP for a handicap described in divisions (B) to (F) of	2428
section 3317.013 of the Revised Code exceed the threshold	2429
catastrophic cost for serving the student as specified in division	2430
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	2431
submit to the superintendent of public instruction documentation,	2432
as prescribed by the superintendent, of all its costs for that	2433
student. Upon submission of documentation for a student of the	2434
type and in the manner prescribed, the department shall pay to the	2435
community school an amount equal to the school's costs for the	2436
student in excess of the threshold catastrophic costs.	2437

(2) The community school shall only report under division	2438
(E)(1) of this section, and the department shall only pay for, the	2439
costs of educational expenses and the related services provided to	2440
the student in accordance with the student's individualized	2441
education program. Any legal fees, court costs, or other costs	2442
associated with any cause of action relating to the student may	2443
not be included in the amount.	2444

(F) A community school may apply to the department of	2445
education for preschool handicapped or gifted unit funding the	2446
school would receive if it were a school district. Upon request	2447
of its governing authority, a community school that received unit	2448
funding as a school district-operated school before it became a	2449
community school shall retain any units awarded to it as a school	2450
district-operated school provided the school continues to meet	2451
eligibility standards for the unit.	2452

A community school shall be considered a school district and	2453
its governing authority shall be considered a board of education	2454
for the purpose of applying to any state or federal agency for	2455
grants that a school district may receive under federal or state	2456
law or any appropriations act of the general assembly. The	2457
governing authority of a community school may apply to any private	2458
entity for additional funds.	2459

(G) A board of education sponsoring a community school may	2460
utilize local funds to make enhancement grants to the school or	2461
may agree, either as part of the contract or separately, to	2462
provide any specific services to the community school at no cost	2463
to the school.	2464

(H) A community school may not levy taxes or issue bonds	2465
secured by tax revenues.	2466

(I) No community school shall charge tuition for the	2467
enrollment of any student.	2468

(J)(1)(a) A community school may borrow money to pay any	2469
necessary and actual expenses of the school in anticipation of the	2470
receipt of any portion of the payments to be received by the	2471
school pursuant to division (D) of this section. The school may	2472
issue notes to evidence such borrowing ~~to mature no later than the~~	2473
~~end of the fiscal year in which such money was borrowed~~. The	2474
proceeds of the notes shall be used only for the purposes for	2475
which the anticipated receipts may be lawfully expended by the	2476
school.	2477

~~(2)~~(b) A school may also borrow money for a term not to	2478
exceed fifteen years for the purpose of acquiring facilities~~, as~~	2479
~~described in division (B) of section 3318.50 of the Revised Code~~.	2480

(2) Except for any amount guaranteed under section 3318.50 of	2481
the Revised Code, the state is not liable for debt incurred by the	2482
governing authority of a community school.	2483

(K) For purposes of determining the number of students for	2484
which divisions (D)(5) and (6) of this section applies in any	2485
school year, a community school may submit to the department of	2486
job and family services, no later than the first day of March, a	2487
list of the students enrolled in the school. For each student on	2488
the list, the community school shall indicate the student's name,	2489
address, and date of birth and the school district where the	2490
student is entitled to attend school. Upon receipt of a list	2491
under this division, the department of job and family services	2492
shall determine, for each school district where one or more	2493
students on the list is entitled to attend school, the number of	2494
students residing in that school district who were included in the	2495
department's report under section 3317.10 of the Revised Code. The	2496
department shall make this determination on the basis of	2497
information readily available to it. Upon making this	2498
determination and no later than ninety days after submission of	2499
the list by the community school, the department shall report to	2500
the state department of education the number of students on the	2501
list who reside in each school district who were included in the	2502
department's report under section 3317.10 of the Revised Code. In	2503
complying with this division, the department of job and family	2504
services shall not report to the state department of education any	2505
personally identifiable information on any student.	2506

(L) The department of education shall adjust the amounts	2507
subtracted and paid under divisions (C) and (D) of this section to	2508
reflect any enrollment of students in community schools for less	2509
than the equivalent of a full school year. The state board of	2510
education within ninety days after the effective date of this	2511
amendment shall adopt in accordance with Chapter 119. of the	2512
Revised Code rules governing the payments to community schools	2513
under this section including initial payments in a school year and	2514
adjustments and reductions made in subsequent periodic payments to	2515
community schools and corresponding deductions from school	2516
district accounts as provided under divisions (C) and (D) of this	2517
section. For purposes of this section~~, a~~:	2518

(1) A student shall be considered enrolled in the community	2519
school for any portion of the school year the student is	2520
participating at a college under Chapter 3365. of the Revised	2521
Code.	2522

(2) A student shall be considered to be enrolled in a	2523
community school during a school year for the period of time	2524
between the date on which the school both has received	2525
documentation of the student's enrollment from a parent and has	2526
commenced participation in learning opportunities as defined in	2527
the contract with the sponsor. For purposes of applying this	2528
division to a community school student, "learning opportunities"	2529
shall be defined in the contract, which shall describe both	2530
classroom-based and non-classroom-based learning opportunities and	2531
shall be in compliance with criteria and documentation	2532
requirements for student participation which shall be established	2533
by the department. Any student's instruction time in	2534
non-classroom-based learning opportunities shall be certified by	2535
an employee of the community school. A student's enrollment shall	2536
be considered to cease on the date on which any of the following	2537
occur:	2538

(a) The community school receives documentation from a	2539
parent terminating enrollment of the student.	2540

(b) The community school is provided documentation of a	2541
student's enrollment in another public or private school.	2542

(c) The community school ceases to offer learning	2543
opportunities to the student pursuant to the terms of the contract	2544
with the sponsor or the operation of any provision of this	2545
chapter.	2546

(3) A student's percentage of full-time equivalency shall	2547
be considered to be the percentage the hours of learning	2548
opportunity offered to that student is of nine hundred and twenty	2549
hours.	2550

(M) The department of education shall reduce the amounts	2551
paid under division (D) of this section to reflect payments made	2552
to colleges under division (B) of section 3365.07 of the Revised	2553
Code.	2554

(N) ~~Beginning with the school year that starts on July 1,~~	2555
~~2001, in~~No student shall be considered enrolled in any internet-	2556
or computer-based community school unless the student possesses or	2557
has been provided with all required hardware and software	2558
materials and all such materials are fully operational and the	2559
school is in compliance with division (A)(1) or (2) of section	2560
3314.032 of the Revised Code, relative to such student. In	2561
accordance with policies adopted jointly by the superintendent of	2562
public instruction,and the auditor of state, the department shall	2563
reduce the amounts otherwise payable under division (D) of this	2564
section to any ~~internet~~internet- or computer-based community	2565
school that includes in its program the provision of computer	2566
hardware and software materials to each student, if such hardware	2567
and software materials have not been delivered, installed, and	2568
activated for all students in a timely manner or other educational	2569
materials or services have not been provided according to the	2570
contract between the individual community school and its sponsor.	2571

The superintendent of public instruction,and the auditor of	2572
state, shall jointly establish a method for auditing any community	2573
school to which this division pertains to ensure compliance with	2574
this section.	2575

The superintendent, auditor of state, and the governor shall	2576
jointly make recommendations to the general assembly for	2577
legislative changes that may be required to assure fiscal and	2578
academic accountability for such ~~internet~~internet- or	2579
computer-based schools.	2580

(O)(1) If the department determines that a review of a	2581
community school’s enrollment is necessary, such review shall be	2582
completed and written notice of the findings shall be provided to	2583
the governing authority of the community school and its sponsor	2584
within ninety days of the end of the community school’s fiscal	2585
year, unless extended for a period not to exceed thirty additional	2586
days for one of the following reasons:	2587

(a) The department and the community school mutually agree	2588
to the extension.	2589

(b) Delays in data submission caused by either a community	2590
school or its sponsor.	2591

(2) If the review results in a finding that additional	2592
funding is owed to the school, such payment shall be made within	2593
thirty days of the written notice. If the review results in a	2594
finding that the community school owes moneys to the state, the	2595
following procedure shall apply:	2596

(a) Within ten business days of the receipt of the notice of	2597
findings, the community school may appeal the department’s	2598
determination to the state board of education or its designee.	2599

(b) The board or its designee shall conduct an informal	2600
hearing on the matter within thirty days of receipt of such an	2601
appeal and shall issue a decision within fifteen days of the	2602
conclusion of the hearing.	2603

(c) If the board has enlisted a designee to conduct the	2604
hearing, the designee shall certify its decision to the board. The	2605
board may accept the decision of the designee or may reject the	2606
decision of the designee and issue its own decision on the matter.	2607

(d) Any decision made by the board under this division is	2608
final.	2609

(3) If it is decided that the community school owes moneys	2610
to the state, the department shall deduct such amount from the	2611
school's future payments in accordance with guidelines issued by	2612
the superintendent of public instruction.	2613

Sec. 3314.081. To the extent permitted by federal law, the	2614
department of education shall include community schools	2615
established under this chapter in its annual allocation of federal	2616
moneys under Title I of the "Elementary and Secondary Education	2617
Act of 1965," 20 U.S.C. 6301, et seq.	2618

Sec. 3314.082. It is the intent of the general assembly that	2619
no state moneys paid to a community school under section 3314.08	2620
of the Revised Code be used by the school to pay any taxes the	2621
school might owe on its own behalf, including, but not limited to,	2622
local, state, and federal income taxes, sales taxes, and personal	2623
and real property taxes. This intent does not apply to any moneys	2624
withheld from an employee of the community school that are payable	2625
by the school to a government entity as taxes on behalf of the	2626
employee.	2627

Sec. 3314.09. (A) As used in this section and section	2628
3314.091 of the Revised Code, "native student" means a student	2629
entitled to attend school in the school district under section	2630
3313.64 or 3313.65 of the Revised Code.	2631

(B) Except as provided in section 3314.091 of the Revised	2632
Code, the board of education of each city, local, and exempted	2633
village school district shall provide transportation to and from	2634
school for its district's native students ~~enrolled in a community~~	2635
~~school located in that district or another district on the same~~	2636
~~basis that it provides transportation for its native students~~	2637
~~enrolled in schools to which they are assigned by the board of~~	2638
~~education at the same grade level and who live the same distance~~	2639
~~from school except when, in the judgment of the board, confirmed~~	2640
~~by the state board of education, the transportation is unnecessary~~	2641
~~or unreasonable. A board shall not be required to transport~~	2642
~~nonhandicapped students to and from a community school located in~~	2643
~~another school district if the transportation would require more~~	2644
~~than thirty minutes of direct travel time as measured by school~~	2645
~~bus from the collection point designated by the district's~~	2646
~~coordinator of school transportation~~in accordance with section	2647
3327.01 of the Revised Code.	2648

~~(C) Where it is impractical to transport a pupil to and from~~	2649
~~a community school by school conveyance, a board may, in lieu of~~	2650
~~providing the transportation, pay a parent, guardian, or other~~	2651
~~person in charge of the child. The amount paid per pupil shall in~~	2652
~~no event exceed the average transportation cost per pupil, which~~	2653
~~shall be based on the cost of transportation of children by all~~	2654
~~boards of education in this state during the next preceding year.~~	2655

Sec. 3314.091. (A) A school district is not required to	2656
provide transportation for any native student enrolled in a	2657
community school if the district board of education has entered	2658
into an agreement with the community school's governing authority	2659
that designates the community school as responsible for providing	2660
or arranging for the transportation of the district's native	2661
students to and from the community school. For any such agreement	2662
to be effective, it must be certified by the superintendent of	2663
public instruction as having met ~~both~~all of the following	2664
requirements:	2665

(1) It is submitted to the department of education by a	2666
deadline which shall be established by the department.	2667

(2) It specifies qualifications, such as residing a minimum	2668
distance from the school, for students to have their	2669
transportation provided or arranged.	2670

(3) The transportation provided by the community school is	2671
subject to all provisions of the Revised Code and all rules	2672
adopted under the Revised Code pertaining to pupil transportation.	2673

(4) The sponsor of the community school also has signed the	2674
agreement.	2675

(B)(1) A community school governing ~~board~~authority that	2676
enters into an agreement to provide transportation under this	2677
section shall provide or arrange transportation free of any charge	2678
for each of its enrolled students ~~in grades kindergarten through~~	2679
~~eight who live more than two miles from the school, except that~~	2680
~~the governing board may make a payment in lieu of providing~~	2681
~~transportation to the parent, guardian, or person in charge of the~~	2682
~~student at the same rate as specified for a school district board~~	2683
~~in division (C) of section 3314.09 of the Revised Code if the~~	2684
~~drive time measured by the vehicle specified by the school for~~	2685
~~transporting~~ ~~the students~~ from the student's residence to the	2686
school is more than thirty minuteseligible for transportation as	2687
specified in section 3327.01 of the Revised Code. ~~The~~	2688

The governing ~~board~~authority may provide or arrange	2689
transportation for any other enrolled student who is not eligible	2690
for transportation and may charge a fee for such service up to the	2691
actual cost of the service. ~~The governing board may request the~~	2692
~~payment specified under division (C) of this section for any~~	2693
~~student it transports, for whom it arranges transportation, or for~~	2694
~~whom it makes a payment in lieu of providing transportation if the~~	2695
~~student lives more than one mile from the community school or is~~	2696
~~disabled and the individual education program requires~~	2697
~~transportation.~~	2698

(2) Notwithstanding anything to the contrary in division	2699
(B)(1) of this section, a community school governing ~~board~~	2700
authority shall provide or arrange transportation free of any	2701
charge for any disabled student enrolled in the school for whom	2702
the student's individualized education program developed under	2703
Chapter 3323. of the Revised Code specifies transportation.	2704

(C)(1) If a school district board and a community school	2705
governing authority elect to enter into an agreement under this	2706
section, the department of education annually shall pay the	2707
community school the amount specified in division (C)(2) of this	2708
section for each of the enrolled students for whom the school's	2709
governing authority provides or arranges transportation to and	2710
from school. The department shall deduct the payment from the	2711
state payment under Chapter 3317. and, if necessary, sections	2712
321.14 and 323.156 of the Revised Code that is otherwise paid to	2713
the school district in which the student enrolled in the community	2714
school resides. The department shall include the number of the	2715
district's native students for whom payment is made to a community	2716
school under this division in the calculation of the district's	2717
transportation payment under division (D) of section 3317.022 of	2718
the Revised Code.	2719

A community school shall be paid under this division only for	2720
students who ~~live more than one mile from the school~~are eligible	2721
as specified in section 3327.01 of the Revised Code or who are	2722
disabled and whose individualized education program requires	2723
transportation and whose transportation to and from school is	2724
actually provided or arranged or for whom a payment in lieu of	2725
transportation is made by the community school's governing	2726
authority. To qualify for the payments, the community school	2727
shall report to the department, in the form and manner required	2728
by the department, data on the number of students transported or	2729
whose transportation is arranged, the number of miles traveled,	2730
cost to transport, and any other information requested by the	2731
department.	2732

A community school shall use payments received under this	2733
division solely to pay the costs of providing or arranging for the	2734
transportation of students who ~~live more than one mile from the~~	2735
~~school~~are eligible as specified in section 3327.01 of the Revised	2736
Code or who are disabled and whose individualized education	2737
program requires transportation, which may include payments to a	2738
parent, guardian, or other person in charge of a child in lieu of	2739
transportation.	2740

(2) The payment to a community school governing authority	2741
under this section for ~~each student who lives more than one mile~~	2742
~~from the school or who is disabled and whose individualized~~	2743
~~education program requires transportation and for whom the school~~	2744
~~actually provides or arranges transportation or makes a payment in~~	2745
~~lieu of providing transportation,~~eligible students shall be made	2746
according to the ~~following schedule:~~	2747

~~(a) In fiscal year 2002, four-hundred fifty dollars per~~	2748
~~student;~~	2749

~~(b) In fiscal year 2003 and every fiscal year thereafter,~~	2750
~~the amount specified in division (C)(2)(a) of this section~~	2751
~~multiplied by the negative or positive percentage of change~~	2752
~~reported in the consumer price index (all urban consumers,~~	2753
~~transportation) by the bureau of labor statistics of the United~~	2754
~~States department of labor from the beginning of the calendar year~~	2755
~~that ended just prior to the beginning of the fiscal year to the~~	2756
~~end of that calendar year~~terms of the agreement entered into	2757
under this section.	2758

(D) Except when arranged through payment to a parent,	2759
guardian, or person in charge of a child, transportation provided	2760
or arranged for by a community school pursuant to an agreement	2761
under this section is subject to all provisions of the Revised	2762
Code, and all rules adopted under the Revised Code, pertaining to	2763
the construction, design, equipment, and operation of school buses	2764
and other vehicles transporting students to and from school. The	2765
drivers and mechanics of the vehicles are subject to all	2766
provisions of the Revised Code, and all rules adopted under the	2767
Revised Code, pertaining to drivers and mechanics of such	2768
vehicles. The community school also shall comply with sections	2769
3313.201, 3327.09, and 3327.10 and division (B) of section 3327.16	2770
of the Revised Code as if it were a school district. For purposes	2771
of complying with section 3327.10 of the Revised Code, the	2772
educational service center that serves the county in which the	2773
community school is located shall be the certifying agency, unless	2774
the agreement designates the school district as the certifying	2775
agency.	2776

Sec. 3314.11. The department of education shall establish	2777
the state office of ~~school options~~community schools to provide	2778
advice and services for the community schools program, established	2779
pursuant to Chapter 3314. of the Revised Code~~, and the pilot~~	2780
~~project scholarship program, established pursuant to sections~~	2781
~~3313.974 to 3313.979 of the Revised Code~~. The office shall	2782
provide services that facilitate the management of the community	2783
schools program ~~and the pilot project scholarship program~~,	2784
including providing technical assistance and information to	2785
persons or groups considering proposing a community school, to	2786
governing authorities of community schools, and to public entities	2787
sponsoring or considering sponsoring a community school.	2788

Sec. 3314.111. The department of education shall establish	2789
the state office of school options to provide advice and services	2790
for the pilot project scholarship program, established pursuant to	2791
sections 3313.974 to 3313.979 of the Revised Code that facilitate	2792
the management of that program.	2793

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

2794

(1) "All-day kindergarten" has the same meaning as in section	2795
3317.029 of the Revised Code.	2796

(2) "Formula amount" has the same meaning as in section	2797
3317.02 of the Revised Code.	2798

(B) The department of education annually shall pay each	2799
community school established under this chapter one-half of the	2800
formula amount for each student to whom both of the following	2801
apply:	2802

(1) The student is entitled to attend school under section	2803
3313.64 or 3313.65 of the Revised Code in a school district that	2804
is eligible to receive a payment under division (D) of section	2805
3317.029 of the Revised Code if it provides all-day kindergarten;	2806

(2) The student is reported by the community school ~~under~~	2807
~~division (B)(3) of section 3314.08 of the Revised Code~~ as enrolled	2808
in all-day kindergarten at the community school.	2809

(C) If a student for whom payment is made under division (B)	2810
of this section is entitled to attend school in a district that	2811
receives any payment for all-day kindergarten under division (D)	2812
of section 3317.029 of the Revised Code, the department shall	2813
deduct the payment to the community school under this section from	2814
the amount paid that school district under that division. If that	2815
school district does not receive payment for all-day kindergarten	2816
under that division because it does not provide all-day	2817
kindergarten, the department shall pay the community school from	2818
state funds appropriated generally for disadvantaged pupil impact	2819
aid.	2820

(D) The department shall adjust the amounts deducted from	2821
school districts and paid to community schools under this section	2822
to reflect any enrollments of students in all-day kindergarten in	2823
community schools for less than the equivalent of a full school	2824
year.	2825

Sec. 3314.17. (A) Each community school established under	2826
this chapter shall participate in the statewide education	2827
management information system established under section 3301.0714	2828
of the Revised Code. All provisions of that section and the rules	2829
adopted under that section apply to each community school as if it	2830
were a school district, except as modified for community schools	2831
under division (B) of this section.	2832

(B) The rules adopted by the state board of education under	2833
section 3301.0714 of the Revised Code may distinguish methods and	2834
timelines for community schools to annually report data, which	2835
methods and timelines differ from those prescribed for school	2836
districts. Any methods and timelines prescribed for community	2837
schools shall be appropriate to the academic schedule and	2838
financing of community schools. The guidelines, however, shall	2839
not modify the actual data required to be reported under that	2840
section.	2841

(C) Each fiscal officer appointed under section 3314.011 of	2842
the Revised Code is responsible for annually reporting the	2843
community school's data under section 3301.0714 of the Revised	2844
Code. If the superintendent of public instruction determines that	2845
a community school fiscal officer has willfully failed to report	2846
data or has willfully reported erroneous, inaccurate, or	2847
incomplete data in any year, or has negligently reported	2848
erroneous, inaccurate, or incomplete data in the current and any	2849
previous year, the superintendent may impose a civil penalty of	2850
one hundred dollars on the fiscal officer after providing the	2851
officer with notice and an opportunity for a hearing in accordance	2852
with Chapter 119. of the Revised Code. The superintendent's	2853
authority to impose civil penalties under this division does not	2854
preclude the state board of education from suspending or revoking	2855
the license of a community school employee under division (N) of	2856
section 3301.0714 of the Revised Code.	2857

Sec. 3314.30. (A) As used in this section:

2858

(1) "Start-up community school" means a "new start-up	2859
school" as that term is defined in division (A) of section 3314.02	2860
of the Revised Code.	2861

(2) A "school's contract" means the contract entered into	2862
between the governing authority and the sponsor of a community	2863
school under section 3314.03 of the Revised Code.	2864

(B) There is hereby created in the state treasury the	2865
community school revolving loan fund. The fund shall consist of	2866
federal moneys allocated to the state for development and	2867
operation of community schools.	2868

(C) The department of education may make a loan from the	2869
fund created in division (B) of this section to the governing	2870
authority or the sponsor of any start-up community school upon	2871
approval of the loan by the superintendent of public instruction.	2872
Moneys loaned from the fund shall be used only to pay the costs	2873
associated with any provision of the school's contract. A	2874
start-up community school may receive more than one loan from the	2875
fund; however, no school shall receive a cumulative loan amount	2876
throughout the term of the school's contract that is greater than	2877
two hundred fifty thousand dollars.	2878

(D) The superintendent of public instruction may consider	2879
all of the following when determining whether to approve a loan	2880
from the fund created in division (A) of this section:	2881

(1) Soundness of the school's business plan;

2882

(2) Availability of other sources of funding for the	2883
school;	2884

(3) Geographic distribution of other such loans;

2885

(4) Impact of receipt of the loan on a school's ability to	2886
secure other public and private funding;	2887

(5) Plans for the creative use of the loan amounts to	2888
create further financing, such as loan guarantees or other types	2889
of credit enhancements;	2890

(6) Financial needs of the community school.

2891

(E) The superintendent of public instruction shall give	2892
priority for loans under this section to newly established	2893
community schools to pay start-up costs.	2894

(F) The rate of interest charged on any loan under this	2895
section shall be the rate that would be applicable to the same	2896
money if invested in the Ohio subdivision's fund created in	2897
section 135.45 of the Revised Code as of the date the loan is	2898
disbursed to the community school.	2899

(G) Commencing in the first fiscal year that next	2900
succeeds the fiscal year that a community school receives a loan	2901
under this section, the department shall deduct from the periodic	2902
payments made to the school under section 3314.08 of the Revised	2903
Code a prorated amount of the annual repayment amount due under	2904
the loan. The amount deducted from a school's periodic payments	2905
under this division that is attributed to the principal of the	2906
loan shall be deposited into the fund created in division (B) of	2907
this section. The amount deducted from a school's periodic	2908
payments under this division that is attributed to the interest on	2909
the loan shall be deposited into the fund created in section	2910
3314.31 of the Revised Code. The repayment period for any loan	2911
made under this section shall not exceed five consecutive fiscal	2912
years.	2913

(H) The office of budget and management and the	2914
department of education shall monitor the adequacy of moneys on	2915
hand in the fund created in division (B) of this section and shall	2916
report annually to the general assembly on such adequacy and any	2917
recommended changes in the interest rate charged on loans under	2918
this section or changes in default recovery procedures.	2919

Sec. 3314.31. There is hereby created in the state treasury	2920
the community school security fund. The fund shall consist of	2921
moneys paid into the fund under division (G) of section 3314.30 of	2922
the Revised Code. Moneys in the fund shall be paid into the fund	2923
created in division (B) of section 3314.30 of the Revised Code in	2924
the case of default on a loan made under section 3314.30 of the	2925
Revised Code in an amount up to the amount of such default.	2926

Sec. 3317.029. (A) As used in this section:

2927

(1) "DPIA percentage" means:

2928

(a) In fiscal years prior to fiscal year 2004, the quotient	2929
obtained by dividing the five-year average number of children ages	2930
five to seventeen residing in the school district and living in a	2931
family receiving assistance under the Ohio works first program or	2932
an antecedent program known as TANF or ADC, as certified or	2933
adjusted under section 3317.10 of the Revised Code, by the	2934
district's three-year average formula ADM.	2935

(b) Beginning in fiscal year 2004, the ~~five-year average,~~	2936
unduplicated number of children ages five to seventeen residing in	2937
the school district and living in a family that has family income	2938
not exceeding the federal poverty guidelines and that receives	2939
family assistance, as certified or adjusted under section 3317.10	2940
of the Revised Code, divided by the district's three-year average	2941
formula ADM.	2942

(2) "Family assistance" means assistance received under one	2943
of the following:	2944

(a) The Ohio works first program;

2945

(b) The food stamp program;

2946

(c) The medical assistance program, including the healthy	2947
start program, established under Chapter 5111. of the Revised	2948
Code;	2949

(d) The children's health insurance program part I	2950
established under section 5101.50 of the Revised Code or, prior to	2951
fiscal year 2000, an executive order issued under section 107.17	2952
of the Revised Code;	2953

(e) The disability assistance program established under	2954
Chapter 5115. of the Revised Code.	2955

(3) "Statewide DPIA percentage" means:

2956

(a) In fiscal years prior to fiscal year 2004, the five-year	2957
average of the total number of children ages five to seventeen	2958
years residing in the state and receiving assistance under the	2959
Ohio works first program or an antecedent program known as TANF or	2960
ADC, divided by the sum of the three-year average formula ADMs for	2961
all school districts in the state.	2962

(b) Beginning in fiscal year 2004, the ~~five-year average of~~	2963
~~the~~ total, unduplicated number of children ages five to seventeen	2964
residing in the state and living in a family that has family	2965
income not exceeding the federal poverty guidelines and that	2966
receives family assistance, divided by the sum of the three-year	2967
average formula ADMs for all school districts in the state.	2968

(4) "DPIA index" means the quotient obtained by dividing the	2969
school district's DPIA percentage by the statewide DPIA	2970
percentage.	2971

(5) "Federal poverty guidelines" has the same meaning as in	2972
section 5101.46 of the Revised Code.	2973

(6) "DPIA student count" means:

2974

(a) In fiscal years prior to fiscal year 2004, the five-year	2975
average number of children ages five to seventeen residing in the	2976
school district and living in a family receiving assistance under	2977
the Ohio works first program or an antecedent program known as	2978
TANF or ADC, as certified under section 3317.10 of the Revised	2979
Code;	2980

(b) Beginning in fiscal year 2004, the ~~five-year average,~~	2981
unduplicated number of children ages five to seventeen residing in	2982
the school district and living in a family that has family income	2983
not exceeding the federal poverty guidelines and that receives	2984
family assistance, as certified or adjusted under section 3317.10	2985
of the Revised Code.	2986

(7) "Kindergarten ADM" means the number of students reported	2987
under section 3317.03 of the Revised Code as enrolled in	2988
kindergarten.	2989

(8) "Kindergarten through third grade ADM" means the amount	2990
calculated as follows:	2991

(a) Multiply the kindergarten ADM by the sum of one plus the	2992
all-day kindergarten percentage;	2993

(b) Add the number of students in grades one through three;

2994

(c) Subtract from the sum calculated under division	2995
(A)(6)(b) of this section the number of special education students	2996
in grades kindergarten through three.	2997

(9) "Statewide average teacher salary" means forty-two	2998
thousand four hundred sixty-nine dollars in fiscal year 2002,	2999
and forty-three thousand six hundred fifty-eight dollars in	3000
fiscal year 2003, which includes an amount for the value of	3001
fringe benefits.	3002

(10) "All-day kindergarten" means a kindergarten class that	3003
is in session five days per week for not less than the same number	3004
of clock hours each day as for pupils in grades one through six.	3005

(11) "All-day kindergarten percentage" means the percentage	3006
of a district's actual total number of students enrolled in	3007
kindergarten who are enrolled in all-day kindergarten.	3008

(12) "Buildings with the highest concentration of need"	3009
means:	3010

(a) In fiscal years prior to fiscal year 2004, the school	3011
buildings in a district with percentages of students in grades	3012
kindergarten through three receiving assistance under Ohio works	3013
first at least as high as the district-wide percentage of students	3014
receiving such assistance.	3015

(b) Beginning in fiscal year 2004, the school buildings in a	3016
district with percentages of students in grades kindergarten	3017
through three receiving family assistance at least as high as the	3018
district-wide percentage of students receiving family assistance.	3019

(c) If, in any fiscal year, the information provided by the	3020
department of job and family services under section 3317.10 of the	3021
Revised Code is insufficient to determine the Ohio works first or	3022
family assistance percentage in each building, "buildings with the	3023
highest concentration of need" has the meaning given in rules that	3024
the department of education shall adopt. The rules shall base the	3025
definition of "buildings with the highest concentration of need"	3026
on family income of students in grades kindergarten through three	3027
in a manner that, to the extent possible with available data,	3028
approximates the intent of this division and division (G) of this	3029
section to designate buildings where the Ohio works first or	3030
family assistance percentage in those grades equals or exceeds the	3031
district-wide Ohio works first or family assistance percentage.	3032

(B) In addition to the amounts required to be paid to a	3033
school district under section 3317.022 of the Revised Code, a	3034
school district shall receive the greater of the amount the	3035
district received in fiscal year 1998 pursuant to division (B) of	3036
section 3317.023 of the Revised Code as it existed at that time or	3037
the sum of the computations made under divisions (C) to (E) of	3038
this section.	3039

(C) A supplemental payment that may be utilized for measures	3040
related to safety and security and for remediation or similar	3041
programs, calculated as follows:	3042

(1) If the DPIA index of the school district is greater than	3043
or equal to thirty-five-hundredths, but less than one, an amount	3044
obtained by multiplying the district's DPIA student count by two	3045
hundred thirty dollars;	3046

(2) If the DPIA index of the school district is greater than	3047
or equal to one, an amount obtained by multiplying the DPIA index	3048
by two hundred thirty dollars and multiplying that product by the	3049
district's DPIA student count.	3050

Except as otherwise provided in division (F) of this section,	3051
beginning with the school year that starts July 1, 2002, each	3052
school district annually shall use at least twenty per cent of the	3053
funds calculated for the district under this division for	3054
intervention services required by section 3313.608 of the Revised	3055
Code.	3056

(D) A payment for all-day kindergarten if the DPIA index of	3057
the school district is greater than or equal to one or if the	3058
district's three-year average formula ADM exceeded seventeen	3059
thousand five hundred, calculated by multiplying the all-day	3060
kindergarten percentage by the kindergarten ADM and multiplying	3061
that product by the formula amount.	3062

(E) A class-size reduction payment based on calculating the	3063
number of new teachers necessary to achieve a lower	3064
student-teacher ratio, as follows:	3065

(1) Determine or calculate a formula number of teachers per	3066
one thousand students based on the DPIA index of the school	3067
district as follows:	3068

(a) If the DPIA index of the school district is less than	3069
six-tenths, the formula number of teachers is 43.478, which is the	3070
number of teachers per one thousand students at a student-teacher	3071
ratio of twenty-three to one;	3072

(b) If the DPIA index of the school district is greater than	3073
or equal to six-tenths, but less than two and one-half, the	3074
formula number of teachers is calculated as follows:	3075

43.478 + {[(DPIA index-0.6)/ 1.9] X 23.188}

3076

Where 43.478 is the number of teachers per one thousand	3077
students at a student-teacher ratio of twenty-three to one; 1.9 is	3078
the interval from a DPIA index of six-tenths to a DPIA index of	3079
two and one-half; and 23.188 is the difference in the number of	3080
teachers per one thousand students at a student-teacher ratio of	3081
fifteen to one and the number of teachers per one thousand	3082
students at a student-teacher ratio of twenty-three to one.	3083

(c) If the DPIA index of the school district is greater than	3084
or equal to two and one-half, the formula number of teachers is	3085
66.667, which is the number of teachers per one thousand students	3086
at a student-teacher ratio of fifteen to one.	3087

(2) Multiply the formula number of teachers determined or	3088
calculated in division (E)(1) of this section by the kindergarten	3089
through third grade ADM for the district and divide that product	3090
by one thousand;	3091

(3) Calculate the number of new teachers as follows:

3092

(a) Multiply the kindergarten through third grade ADM by	3093
43.478, which is the number of teachers per one thousand students	3094
at a student-teacher ratio of twenty-three to one, and divide that	3095
product by one thousand;	3096

(b) Subtract the quotient obtained in division (E)(3)(a) of	3097
this section from the product in division (E)(2) of this section.	3098

(4) Multiply the greater of the difference obtained under	3099
division (E)(3) of this section or zero by the statewide average	3100
teachers salary.	3101

(F) This division applies only to school districts whose	3102
DPIA index is one or greater.	3103

(1) Each school district subject to this division shall	3104
first utilize funds received under this section so that, when	3105
combined with other funds of the district, sufficient funds exist	3106
to provide all-day kindergarten to at least the number of children	3107
in the district's all-day kindergarten percentage.	3108

(2) Up to an amount equal to the district's DPIA index	3109
multiplied by its DPIA student count multiplied by two hundred	3110
thirty dollars of the money distributed under this section may be	3111
utilized for one or both of the following:	3112

(a) Programs designed to ensure that schools are free of	3113
drugs and violence and have a disciplined environment conducive to	3114
learning;	3115

(b) Remediation for students who have failed or are in	3116
danger of failing any of the tests administered pursuant to	3117
section 3301.0710 of the Revised Code.	3118

Beginning with the school year that starts on July 1, 2002,	3119
each school district shall use at least twenty per cent of the	3120
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	3121
this section to provide intervention services required by section	3122
3313.608 of the Revised Code.	3123

(3) Except as otherwise required by division (G) or	3124
permitted under division (K) of this section, all other funds	3125
distributed under this section to districts subject to this	3126
division shall be utilized for the purpose of the third grade	3127
guarantee. The third grade guarantee consists of increasing the	3128
amount of instructional attention received per pupil in	3129
kindergarten through third grade, either by reducing the ratio of	3130
students to instructional personnel or by increasing the amount of	3131
instruction and curriculum-related activities by extending the	3132
length of the school day or the school year.	3133

School districts may implement a reduction of the ratio of	3134
students to instructional personnel through any or all of the	3135
following methods:	3136

(a) Reducing the number of students in a classroom taught by	3137
a single teacher;	3138

(b) Employing full-time educational aides or educational	3139
paraprofessionals issued a permit or license under section	3140
3319.088 of the Revised Code;	3141

(c) Instituting a team-teaching method that will result in a	3142
lower student-teacher ratio in a classroom.	3143

Districts may extend the school day either by increasing the	3144
amount of time allocated for each class, increasing the number of	3145
classes provided per day, offering optional academic-related	3146
after-school programs, providing curriculum-related extra	3147
curricular activities, or establishing tutoring or remedial	3148
services for students who have demonstrated an educational need.	3149
In accordance with section 3319.089 of the Revised Code, a	3150
district extending the school day pursuant to this division may	3151
utilize a participant of the work experience program who has a	3152
child enrolled in a public school in that district and who is	3153
fulfilling the work requirements of that program by volunteering	3154
or working in that public school. If the work experience program	3155
participant is compensated, the school district may use the funds	3156
distributed under this section for all or part of the	3157
compensation.	3158

Districts may extend the school year either through adding	3159
regular days of instruction to the school calendar or by providing	3160
summer programs.	3161

(G) Each district subject to division (F) of this section	3162
shall not expend any funds received under division (E) of this	3163
section in any school buildings that are not buildings with the	3164
highest concentration of need, unless there is a ratio of	3165
instructional personnel to students of no more than fifteen to one	3166
in each kindergarten and first grade class in all buildings with	3167
the highest concentration of need. This division does not require	3168
that the funds used in buildings with the highest concentration of	3169
need be spent solely to reduce the ratio of instructional	3170
personnel to students in kindergarten and first grade. A school	3171
district may spend the funds in those buildings in any manner	3172
permitted by division (F)(3) of this section, but may not spend	3173
the money in other buildings unless the fifteen-to-one ratio	3174
required by this division is attained.	3175

(H)(1) By the first day of August of each fiscal year, each	3176
school district wishing to receive any funds under division (D) of	3177
this section shall submit to the department of education an	3178
estimate of its all-day kindergarten percentage. Each district	3179
shall update its estimate throughout the fiscal year in the form	3180
and manner required by the department, and the department shall	3181
adjust payments under this section to reflect the updates.	3182

(2) Annually by the end of December, the department of	3183
education, utilizing data from the information system established	3184
under section 3301.0714 of the Revised Code and after consultation	3185
with the legislative office of education oversight, shall	3186
determine for each school district subject to division (F) of this	3187
section whether in the preceding fiscal year the district's ratio	3188
of instructional personnel to students and its number of	3189
kindergarten students receiving all-day kindergarten appear	3190
reasonable, given the amounts of money the district received for	3191
that fiscal year pursuant to divisions (D) and (E) of this	3192
section. If the department is unable to verify from the data	3193
available that students are receiving reasonable amounts of	3194
instructional attention and all-day kindergarten, given the funds	3195
the district has received under this section and that class-size	3196
reduction funds are being used in school buildings with the	3197
highest concentration of need as required by division (G) of this	3198
section, the department shall conduct a more intensive	3199
investigation to ensure that funds have been expended as required	3200
by this section. The department shall file an annual report of	3201
its findings under this division with the chairpersons of the	3202
committees in each house of the general assembly dealing with	3203
finance and education.	3204

(I) Any school district with a DPIA index less than one and	3205
a three-year average formula ADM exceeding seventeen thousand five	3206
hundred shall first utilize funds received under this section so	3207
that, when combined with other funds of the district, sufficient	3208
funds exist to provide all-day kindergarten to at least the number	3209
of children in the district's all-day kindergarten percentage.	3210
Such a district shall expend at least seventy per cent of the	3211
remaining funds received under this section, and any other	3212
district with a DPIA index less than one shall expend at least	3213
seventy per cent of all funds received under this section, for any	3214
of the following purposes:	3215

(1) The purchase of technology for instructional purposes;

3216

(2) All-day kindergarten;

3217

(3) Reduction of class sizes;

3218

(4) Summer school remediation;

3219

(5) Dropout prevention programs;

3220

(6) Guaranteeing that all third graders are ready to	3221
progress to more advanced work;	3222

(7) Summer education and work programs;

3223

(8) Adolescent pregnancy programs;

3224

(9) Head start or preschool programs;

3225

(10) Reading improvement programs described by the	3226
department of education;	3227

(11) Programs designed to ensure that schools are free of	3228
drugs and violence and have a disciplined environment conducive to	3229
learning;	3230

(12) Furnishing, free of charge, materials used in courses	3231
of instruction, except for the necessary textbooks or electronic	3232
textbooks required to be furnished without charge pursuant to	3233
section 3329.06 of the Revised Code, to pupils living in families	3234
participating in Ohio works first in accordance with section	3235
3313.642 of the Revised Code;	3236

(13) School breakfasts provided pursuant to section 3313.813	3237
of the Revised Code.	3238

Each district shall submit to the department, in such format	3239
and at such time as the department shall specify, a report on the	3240
programs for which it expended funds under this division.	3241

(J) If at any time the superintendent of public instruction	3242
determines that a school district receiving funds under division	3243
(D) of this section has enrolled less than the all-day	3244
kindergarten percentage reported for that fiscal year, the	3245
superintendent shall withhold from the funds otherwise due the	3246
district under this section a proportional amount as determined by	3247
the difference in the certified all-day kindergarten percentage	3248
and the percentage actually enrolled in all-day kindergarten.	3249

The superintendent shall also withhold an appropriate amount	3250
of funds otherwise due a district for any other misuse of funds	3251
not in accordance with this section.	3252

(K)(1) A district may use a portion of the funds calculated	3253
for it under division (D) of this section to modify or purchase	3254
classroom space to provide all-day kindergarten, if both of the	3255
following conditions are met:	3256

(a) The district certifies to the department, in a manner	3257
acceptable to the department, that it has a shortage of space for	3258
providing all-day kindergarten.	3259

(b) The district provides all-day kindergarten to the number	3260
of children in the all-day kindergarten percentage it certified	3261
under this section.	3262

(2) A district may use a portion of the funds described in	3263
division (F)(3) of this section to modify or purchase classroom	3264
space to enable it to further reduce class size in grades	3265
kindergarten through two with a goal of attaining class sizes of	3266
fifteen students per licensed teacher. To do so, the district	3267
must certify its need for additional space to the department, in a	3268
manner satisfactory to the department.	3269

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	3270
(C) of this section, any student enrolled in kindergarten more	3271
than half time shall be reported as one-half student under this	3272
section.	3273

(A) The superintendent of each city and exempted village	3274
school district and of each educational service center shall, for	3275
the schools under the superintendent's supervision, certify to the	3276
state board of education on or before the fifteenth day of October	3277
in each year for the first full school week in October the formula	3278
ADM, which shall consist of the average daily membership during	3279
such week of the sum of the following:	3280

(1) On an FTE basis, the number of students in grades	3281
kindergarten through twelve receiving any educational services	3282
from the district, except that the following categories of	3283
students shall not be included in the determination:	3284

(a) Students enrolled in adult education classes;

3285

(b) Adjacent or other district students enrolled in the	3286
district under an open enrollment policy pursuant to section	3287
3313.98 of the Revised Code;	3288

(c) Students receiving services in the district pursuant to	3289
a compact, cooperative education agreement, or a contract, but who	3290
are entitled to attend school in another district pursuant to	3291
section 3313.64 or 3313.65 of the Revised Code;	3292

(d) Students for whom tuition is payable pursuant to	3293
sections 3317.081 and 3323.141 of the Revised Code.	3294

(2) On an FTE basis, the number of students entitled to	3295
attend school in the district pursuant to section 3313.64 or	3296
3313.65 of the Revised Code, but receiving educational services in	3297
grades kindergarten through twelve from one or more of the	3298
following entities:	3299

(a) A community school pursuant to Chapter 3314. of the	3300
Revised Code, including any participation in a college pursuant to	3301
Chapter 3365. of the Revised Code while enrolled in such community	3302
school;	3303

(b) An alternative school pursuant to sections 3313.974 to	3304
3313.979 of the Revised Code as described in division (I)(2)(a) or	3305
(b) of this section;	3306

(c) A college pursuant to Chapter 3365. of the Revised Code,	3307
except when the student is enrolled in the college while also	3308
enrolled in a community school pursuant to Chapter 3314. of the	3309
Revised Code;	3310

(d) An adjacent or other school district under an open	3311
enrollment policy adopted pursuant to section 3313.98 of the	3312
Revised Code;	3313

(e) An educational service center or cooperative education	3314
district;	3315

(f) Another school district under a cooperative education	3316
agreement, compact, or contract.	3317

(3) One-fourth of the number of students enrolled in a joint	3318
vocational school district or under a vocational education	3319
compact, excluding any students entitled to attend school in the	3320
district under section 3313.64 or 3313.65 of the Revised Code who	3321
are enrolled in another school district through an open enrollment	3322
policy as reported under division (A)(2)(d) of this section and	3323
then enroll in a joint vocational school district or under a	3324
vocational education compact;	3325

(4) The number of handicapped children, other than	3326
handicapped preschool children, entitled to attend school in the	3327
district pursuant to section 3313.64 or 3313.65 of the Revised	3328
Code who are placed with a county MR/DD board, minus the number of	3329
such children placed with a county MR/DD board in fiscal year	3330
1998. If this calculation produces a negative number, the number	3331
reported under division (A)(4) of this section shall be zero.	3332

(B) To enable the department of education to obtain the data	3333
needed to complete the calculation of payments pursuant to this	3334
chapter, in addition to the formula ADM, each superintendent shall	3335
report separately the following student counts:	3336

(1) The total average daily membership in regular day	3337
classes included in the report under division (A)(1) or (2) of	3338
this section for kindergarten, and each of grades one through	3339
twelve in schools under the superintendent's supervision;	3340

(2) The number of all handicapped preschool children	3341
enrolled as of the first day of December in classes in the	3342
district that are eligible for approval by the state board of	3343
education under division (B) of section 3317.05 of the Revised	3344
Code and the number of those classes, which shall be reported not	3345
later than the fifteenth day of December, in accordance with rules	3346
adopted under that section;	3347

(3) The number of children entitled to attend school in the	3348
district pursuant to section 3313.64 or 3313.65 of the Revised	3349
Code who are participating in a pilot project scholarship program	3350
established under sections 3313.974 to 3313.979 of the Revised	3351
Code as described in division (I)(2)(a) or (b) of this section,	3352
are enrolled in a college under Chapter 3365. of the Revised Code,	3353
except when the student is enrolled in the college while also	3354
enrolled in a community school pursuant to Chapter 3314. of the	3355
Revised Code, are enrolled in an adjacent or other school district	3356
under section 3313.98 of the Revised Code, are enrolled in a	3357
community school established under Chapter 3314. of the Revised	3358
Code, including any participation in a college pursuant to Chapter	3359
3365. of the Revised Code while enrolled in such community school,	3360
or are participating in a program operated by a county MR/DD board	3361
or a state institution;	3362

(4) The number of pupils enrolled in joint vocational	3363
schools;	3364

(5) The average daily membership of handicapped children	3365
reported under division (A)(1) or (2) of this section receiving	3366
special education services for the category one handicap described	3367
in division (A) of section 3317.013 of the Revised Code;	3368

(6) The average daily membership of handicapped children	3369
reported under division (A)(1) or (2) of this section receiving	3370
special education services for category two handicaps described	3371
in division (B) of section 3317.013 of the Revised Code;	3372

(7) The average daily membership of handicapped children	3373
reported under division (A)(1) or (2) of this section receiving	3374
special education services for category three handicaps described	3375
in division (C) of section 3317.013 of the Revised Code;	3376

(8) The average daily membership of handicapped children	3377
reported under division (A)(1) or (2) of this section receiving	3378
special education services for category four handicaps described	3379
in division (D) of section 3317.013 of the Revised Code;	3380

(9) The average daily membership of handicapped children	3381
reported under division (A)(1) or (2) of this section receiving	3382
special education services for the category five handicap	3383
described in division (E) of section 3317.013 of the Revised Code;	3384

(10) The average daily membership of handicapped children	3385
reported under division (A)(1) or (2) of this section receiving	3386
special education services for category six handicaps described in	3387
division (F) of section 3317.013 of the Revised Code;	3388

(11) The average daily membership of pupils reported under	3389
division (A)(1) or (2) of this section enrolled in category one	3390
vocational education programs or classes, described in division	3391
(A) of section 3317.014 of the Revised Code, operated by the	3392
school district or by another district, other than a joint	3393
vocational school district, or by an educational service center;	3394

(12) The average daily membership of pupils reported under	3395
division (A)(1) or (2) of this section enrolled in category two	3396
vocational education programs or services, described in division	3397
(B) of section 3317.014 of the Revised Code, operated by the	3398
school district or another school district, other than a joint	3399
vocational school district, or by an educational service center;	3400

(13) The average number of children transported by the	3401
school district on board-owned or contractor-owned and -operated	3402
buses, reported in accordance with rules adopted by the department	3403
of education;	3404

(14)(a) The number of children, other than handicapped	3405
preschool children, the district placed with a county MR/DD board	3406
in fiscal year 1998;	3407

(b) The number of handicapped children, other than	3408
handicapped preschool children, placed with a county MR/DD board	3409
in the current fiscal year to receive special education services	3410
for the category one handicap described in division (A) of section	3411
3317.013 of the Revised Code;	3412

(c) The number of handicapped children, other than	3413
handicapped preschool children, placed with a county MR/DD board	3414
in the current fiscal year to receive special education services	3415
for category two handicaps described in division (B) of section	3416
3317.013 of the Revised Code;	3417

(d) The number of handicapped children, other than	3418
handicapped preschool children, placed with a county MR/DD board	3419
in the current fiscal year to receive special education services	3420
for category three handicaps described in division (C) of section	3421
3317.013 of the Revised Code;	3422

(e) The number of handicapped children, other than	3423
handicapped preschool children, placed with a county MR/DD board	3424
in the current fiscal year to receive special education services	3425
for category four handicaps described in division (D) of section	3426
3317.013 of the Revised Code;	3427

(f) The number of handicapped children, other than	3428
handicapped preschool children, placed with a county MR/DD board	3429
in the current fiscal year to receive special education services	3430
for the category five handicap described in division (E) of	3431
section 3317.013 of the Revised Code;	3432

(g) The number of handicapped children, other than	3433
handicapped preschool children, placed with a county MR/DD board	3434
in the current fiscal year to receive special education services	3435
for category six handicaps described in division (F) of section	3436
3317.013 of the Revised Code.	3437

(C)(1) Except as otherwise provided in this section for	3438
kindergarten students, the average daily membership in divisions	3439
(B)(1) to (12) of this section shall be based upon the number of	3440
full-time equivalent students. The state board of education shall	3441
adopt rules defining full-time equivalent students and for	3442
determining the average daily membership therefrom for the	3443
purposes of divisions (A), (B), and (D) of this section. No	3444

(2) A student enrolled in a community school established	3445
under Chapter 3314. of the Revised Code shall be counted in the	3446
formula ADM and, if applicable, the category one, two, three,	3447
four, five, or six special education ADM of the school district in	3448
which the student is entitled to attend school under section	3449
3313.64 or 3313.65 of the Revised Code for the same proportion of	3450
the school year that the student is counted in the enrollment of	3451
the community school for purposes of section 3314.08 of the	3452
Revised Code.	3453

(3) No child shall be counted as more than a total of one	3454
child in the sum of the average daily memberships of a school	3455
district under division (A), divisions (B)(1) to (12), or division	3456
(D) of this section, except as follows:	3457

~~(1)~~(a) A child with a handicap described in section 3317.013	3458
of the Revised Code may be counted both in formula ADM and in	3459
category one, two, three, four, five, or six special education	3460
ADM and, if applicable, in category one or two vocational	3461
education ADM. As provided in division (C) of section 3317.02 of	3462
the Revised Code, such a child shall be counted in category one,	3463
two, three, four, five, or six special education ADM in the same	3464
proportion that the child is counted in formula ADM.	3465

~~(2)~~(b) A child enrolled in vocational education programs or	3466
classes described in section ~~3314.014~~3317.014 of the Revised Code	3467
may be counted both in formula ADM and category one or two	3468
vocational education ADM and, if applicable, in category one, two,	3469
three, four, five, or six special education ADM. Such a child	3470
shall be counted in category one or two vocational education ADM	3471
in the same proportion as the percentage of time that the child	3472
spends in the vocational education programs or classes.	3473

(4) Based on the information reported under this section,	3474
the department of education shall determine the total student	3475
count, as defined in section 3301.011 of the Revised Code, for	3476
each school district.	3477

(D)(1) The superintendent of each joint vocational school	3478
district shall certify to the superintendent of public instruction	3479
on or before the fifteenth day of October in each year for the	3480
first full school week in October the formula ADM, which, except	3481
as otherwise provided in this division, shall consist of the	3482
average daily membership during such week, on an FTE basis, of the	3483
number of students receiving any educational services from the	3484
district, ~~except that the~~including students enrolled in a	3485
community school established under Chapter 3314. of the Revised	3486
Code who are attending the joint vocational district under an	3487
agreement between the district board of education and the	3488
governing authority of the community school and are entitled to	3489
attend school in a city, local, or exempted village school	3490
district whose territory is part of the territory of the joint	3491
vocational district.	3492

The following categories of students shall not be included	3493
in the determination made under division (D)(1) of this section:	3494

(a) Students enrolled in adult education classes;

3495

(b) Adjacent or other district joint vocational students	3496
enrolled in the district under an open enrollment policy pursuant	3497
to section 3313.98 of the Revised Code;	3498

(c) Students receiving services in the district pursuant to	3499
a compact, cooperative education agreement, or a contract, but who	3500
are entitled to attend school in a city, local, or exempted	3501
village school district whose territory is not part of the	3502
territory of the joint vocational district;	3503

(d) Students for whom tuition is payable pursuant to	3504
sections 3317.081 and 3323.141 of the Revised Code.	3505

(2) To enable the department of education to obtain the data	3506
needed to complete the calculation of payments pursuant to this	3507
chapter, in addition to the formula ADM, each superintendent shall	3508
report separately the average daily membership included in the	3509
report under division (D)(1) of this section for each of the	3510
following categories of students:	3511

(a) Students enrolled in each grade included in the joint	3512
vocational district schools;	3513

(b) Handicapped children receiving special education	3514
services for the category one handicap described in division (A)	3515
of section 3317.013 of the Revised Code;	3516

(c) Handicapped children receiving special education	3517
services for the category two handicaps described in division (B)	3518
of section 3317.013 of the Revised Code;	3519

(d) Handicapped children receiving special education	3520
services for category three handicaps described in division (C)	3521
of section 3317.013 of the Revised Code;	3522

(e) Handicapped children receiving special education services	3523
for category four handicaps described in division (D) of section	3524
3317.013 of the Revised Code;	3525

(f) Handicapped children receiving special education	3526
services for the category five handicap described in division (E)	3527
of section 3317.013 of the Revised Code;	3528

(g) Handicapped children receiving special education	3529
services for category six handicaps described in division (F) of	3530
section 3317.013 of the Revised Code;	3531

(h) Students receiving category one vocational education	3532
services, described in division (A) of section 3317.014 of the	3533
Revised Code;	3534

(i) Students receiving category two vocational education	3535
services, described in division (B) of section 3317.014 of the	3536
Revised Code.	3537

The superintendent of each joint vocational school district	3538
shall also indicate the city, local, or exempted village school	3539
district in which each joint vocational district pupil is entitled	3540
to attend school pursuant to section 3313.64 or 3313.65 of the	3541
Revised Code.	3542

(E) In each school of each city, local, exempted village,	3543
joint vocational, and cooperative education school district there	3544
shall be maintained a record of school membership, which record	3545
shall accurately show, for each day the school is in session, the	3546
actual membership enrolled in regular day classes. For the	3547
purpose of determining average daily membership, the membership	3548
figure of any school shall not include any pupils except those	3549
pupils described by division (A) of this section. The record of	3550
membership for each school shall be maintained in such manner that	3551
no pupil shall be counted as in membership prior to the actual	3552
date of entry in the school and also in such manner that where for	3553
any cause a pupil permanently withdraws from the school that pupil	3554
shall not be counted as in membership from and after the date of	3555
such withdrawal. There shall not be included in the membership of	3556
any school any of the following:	3557

(1) Any pupil who has graduated from the twelfth grade of a	3558
public high school;	3559

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

3560

(3) Any pupil who was enrolled in the schools of the	3561
district during the previous school year when tests were	3562
administered under section 3301.0711 of the Revised Code but did	3563
not take one or more of the tests required by that section and was	3564
not excused pursuant to division (C)(1) of that section;	3565

(4) Any pupil who has attained the age of twenty-two years,	3566
except for veterans of the armed services whose attendance was	3567
interrupted before completing the recognized twelve-year course of	3568
the public schools by reason of induction or enlistment in the	3569
armed forces and who apply for reenrollment in the public school	3570
system of their residence not later than four years after	3571
termination of war or their honorable discharge.	3572

If, however, any veteran described by division (E)(4) of this	3573
section elects to enroll in special courses organized for veterans	3574
for whom tuition is paid under the provisions of federal laws, or	3575
otherwise, that veteran shall not be included in average daily	3576
membership.	3577

Notwithstanding division (E)(3) of this section, the	3578
membership of any school may include a pupil who did not take a	3579
test required by section 3301.0711 of the Revised Code if the	3580
superintendent of public instruction grants a waiver from the	3581
requirement to take the test to the specific pupil. The	3582
superintendent may grant such a waiver only for good cause in	3583
accordance with rules adopted by the state board of education.	3584

Except as provided in ~~division~~divisions (B)(2) and (F) of	3585
this section, the average daily membership figure of any local,	3586
city, exempted village, or joint vocational school district shall	3587
be determined by dividing the figure representing the sum of the	3588
number of pupils enrolled during each day the school of attendance	3589
is actually open for instruction during the first full school week	3590
in October by the total number of days the school was actually	3591
open for instruction during that week. For purposes of state	3592
funding, "enrolled" persons are only those pupils who are	3593
attending school, those who have attended school during the	3594
current school year and are absent for authorized reasons, and	3595
those handicapped children currently receiving home instruction.	3596

The average daily membership figure of any cooperative	3597
education school district shall be determined in accordance with	3598
rules adopted by the state board of education.	3599

(F)(1) If the formula ADM for the first full school week in	3600
February is at least three per cent greater than that certified	3601
for the first full school week in the preceding October, the	3602
superintendent of schools of any city, exempted village, or joint	3603
vocational school district or educational service center shall	3604
certify such increase to the superintendent of public instruction.	3605
Such certification shall be submitted no later than the fifteenth	3606
day of February. For the balance of the fiscal year, beginning	3607
with the February payments, the superintendent of public	3608
instruction shall use the increased formula ADM in calculating or	3609
recalculating the amounts to be allocated in accordance with	3610
section 3317.022 or 3317.16 of the Revised Code. In no event	3611
shall the superintendent use an increased membership certified to	3612
the superintendent after the fifteenth day of February.	3613

(2) If on the first school day of April the total number of	3614
classes or units for handicapped preschool children that are	3615
eligible for approval under division (B) of section 3317.05 of the	3616
Revised Code exceeds the number of units that have been approved	3617
for the year under that division, the superintendent of schools of	3618
any city, exempted village, or cooperative education school	3619
district or educational service center shall make the	3620
certifications required by this section for that day. If the	3621
state board of education determines additional units can be	3622
approved for the fiscal year within any limitations set forth in	3623
the acts appropriating moneys for the funding of such units, the	3624
board shall approve additional units for the fiscal year on the	3625
basis of such average daily membership. For each unit so	3626
approved, the department of education shall pay an amount computed	3627
in the manner prescribed in section 3317.052 or 3317.19 and	3628
section 3317.053 of the Revised Code.	3629

(3) If a student attending a community school under Chapter	3630
3314. of the Revised Code is not included in the formula ADM	3631
certified for the first full school week of October for the school	3632
district in which the student is entitled to attend school under	3633
section 3313.64 or 3313.65 of the Revised Code, the department of	3634
education shall adjust the formula ADM of that school district to	3635
include the community school student in accordance with division	3636
(C)(2) of this section, and shall recalculate the school	3637
district's payments under this chapter for the entire fiscal year	3638
on the basis of that adjusted formula ADM. This requirement	3639
applies regardless of whether the student was enrolled, as defined	3640
in division (E) of this section, in the community school during	3641
the first full school week in October.	3642

(G)(1)(a) The superintendent of an institution operating a	3643
special education program pursuant to section 3323.091 of the	3644
Revised Code shall, for the programs under such superintendent's	3645
supervision, certify to the state board of education the average	3646
daily membership of all handicapped children in classes or	3647
programs approved annually by the state board of education, in the	3648
manner prescribed by the superintendent of public instruction.	3649

(b) The superintendent of an institution with vocational	3650
education units approved under division (A) of section 3317.05 of	3651
the Revised Code shall, for the units under the superintendent's	3652
supervision, certify to the state board of education the average	3653
daily membership in those units, in the manner prescribed by the	3654
superintendent of public instruction.	3655

(2) The superintendent of each county MR/DD board that	3656
maintains special education classes under section 3317.20 of the	3657
Revised Code or units approved by the state board of education	3658
pursuant to section 3317.05 of the Revised Code shall do both of	3659
the following:	3660

(a) Certify to the state board, in the manner prescribed by	3661
the board, the average daily membership in classes under section	3662
3317.20 of the Revised Code for each school district that has	3663
placed children in the classes;	3664

(b) Certify to the state board, in the manner prescribed by	3665
the board, the number of all handicapped preschool children	3666
enrolled as of the first day of December in classes eligible for	3667
approval under division (B) of section 3317.05 of the Revised	3668
Code, and the number of those classes.	3669

(3)(a) If on the first school day of April the number of	3670
classes or units maintained for handicapped preschool children by	3671
the county MR/DD board that are eligible for approval under	3672
division (B) of section 3317.05 of the Revised Code is greater	3673
than the number of units approved for the year under that	3674
division, the superintendent shall make the certification required	3675
by this section for that day.	3676

(b) If the state board determines that additional classes or	3677
units can be approved for the fiscal year within any limitations	3678
set forth in the acts appropriating moneys for the funding of the	3679
classes and units described in division (G)(3)(a) of this	3680
section, the board shall approve and fund additional units for the	3681
fiscal year on the basis of such average daily membership. For	3682
each unit so approved, the department of education shall pay an	3683
amount computed in the manner prescribed in sections 3317.052 and	3684
3317.053 of the Revised Code.	3685

(H) Except as provided in division (I) of this section, when	3686
any city, local, or exempted village school district provides	3687
instruction for a nonresident pupil whose attendance is	3688
unauthorized attendance as defined in section 3327.06 of the	3689
Revised Code, that pupil's membership shall not be included in	3690
that district's membership figure used in the calculation of that	3691
district's formula ADM or included in the determination of any	3692
unit approved for the district under section 3317.05 of the	3693
Revised Code. The reporting official shall report separately the	3694
average daily membership of all pupils whose attendance in the	3695
district is unauthorized attendance, and the membership of each	3696
such pupil shall be credited to the school district in which the	3697
pupil is entitled to attend school under division (B) of section	3698
3313.64 or section 3313.65 of the Revised Code as determined by	3699
the department of education.	3700

(I)(1) A city, local, exempted village, or joint vocational	3701
school district admitting a scholarship student of a pilot project	3702
district pursuant to division (C) of section 3313.976 of the	3703
Revised Code may count such student in its average daily	3704
membership.	3705

(2) In any year for which funds are appropriated for pilot	3706
project scholarship programs, a school district implementing a	3707
state-sponsored pilot project scholarship program that year	3708
pursuant to sections 3313.974 ~~through~~to 3313.979 of the Revised	3709
Code may count in average daily membership:	3710

(a) All children residing in the district and utilizing a	3711
scholarship to attend kindergarten in any alternative school, as	3712
defined in section 3313.974 of the Revised Code;	3713

(b) All children who were enrolled in the district in the	3714
preceding year who are utilizing a scholarship to attend any such	3715
alternative school.	3716

(J) The superintendent of each cooperative education school	3717
district shall certify to the superintendent of public	3718
instruction, in a manner prescribed by the state board of	3719
education, the applicable average daily memberships for all	3720
students in the cooperative education district, also indicating	3721
the city, local, or exempted village district where each pupil is	3722
entitled to attend school under section 3313.64 or 3313.65 of the	3723
Revised Code.	3724

Sec. 3318.50. (A) As used in this section and in section	3725
3318.52 of the Revised Code:	3726

~~(1) "Start-up community school" means a "new start-up school"~~	3727
~~as that term is defined in division (A) of section 3314.02 of the~~	3728
~~Revised Code.~~	3729

~~(2) "Classroom~~, "classroom facilities" ~~has the same meaning~~	3730
~~as in section 3318.01~~means buildings, land, grounds, equipment,	3731
and furnishings used by a community school in furtherance of its	3732
mission and contract entered into by the school's governing	3733
authority under Chapter 3314. of the Revised Code.	3734

(B) There is hereby established the community school	3735
classroom facilities loan guarantee program. Under the program,	3736
the Ohio school facilities commission may guarantee for up to	3737
fifteen years up to eighty-five per cent of the sum of the	3738
principal and interest on a loan made to the governing authority	3739
of a ~~start-up~~ community school established under Chapter 3314. of	3740
the Revised Code for the sole purpose of assisting the governing	3741
~~board~~authority in acquiring, improving, or replacing classroom	3742
facilities for the community school by lease, purchase, remodeling	3743
of existing facilities, or any other means ~~except by~~including new	3744
construction.	3745

The commission shall not make any loan guarantee under this	3746
section unless the commission has determined both that the	3747
applicant is creditworthy and that the classroom facilities ~~meet~~	3748
~~specifications established by the commission under section 3318.51~~	3749
~~of the Revised Code~~that have been acquired, improved, or replaced	3750
under the loan meet applicable health and safety standards	3751
established by law for school buildings or those facilities that	3752
will be acquired, improved, or replaced under the loan will meet	3753
such standards.	3754

The commission shall not guarantee any loan under this	3755
section unless the loan is obtained from a financial institution	3756
regulated by the United States or this state.	3757

(C) At no time shall the commission exceed an aggregate	3758
liability of ten million dollars to repay loans guaranteed under	3759
this section.	3760

(D) Any payment made to a lending institution as a result of	3761
default on a loan guaranteed under this section shall be made from	3762
moneys in the community school classroom facilities loan guarantee	3763
fund established under section 3318.52 of the Revised Code.	3764

(E) The commission may assess a fee of up to five hundred	3765
dollars for each loan guaranteed under this section.	3766

(F) Not later than ninety days after ~~the effective date of~~	3767
~~this section~~September 5, 2001, the commission shall adopt rules	3768
that prescribe loan standards and procedures consistent with this	3769
section that are designed to protect the state's interest in any	3770
loan guaranteed by this section and to ensure that the state has a	3771
reasonable chance of recovering any payments made by the state in	3772
the event of a default on any such loan.	3773

Sec. 3327.01. Notwithstanding division (D) of section	3774
3311.19 and division (D) of section 3311.52 of the Revised Code,	3775
this section and sections 3327.011 ~~and~~, 3327.012, and 3327.02 of	3776
the Revised Code do not apply to any joint vocational or	3777
cooperative education school district.	3778

In all city, local, and exempted village school districts	3779
where resident school pupils in grades kindergarten through eight	3780
live more than two miles from the school for which the state board	3781
of education prescribes minimum standards pursuant to division (D)	3782
of section 3301.07 of the Revised Code and to which they are	3783
assigned by the board of education of the district of residence or	3784
to and from the nonpublic or community school which they attend	3785
the board of education shall provide transportation for such	3786
pupils to and from such school except ~~when, in the judgment of~~	3787
~~such board, confirmed by the state board of education, such~~	3788
~~transportation is unnecessary or unreasonable~~as provided in	3789
section 3327.02 of the Revised Code.	3790

In all city, local, and exempted village school districts the	3791
board may provide transportation for resident school pupils in	3792
grades nine through twelve to and from the high school to which	3793
they are assigned by the board of education of the district of	3794
residence or to and from the ~~non-public~~nonpublic or community	3795
high school which they attend for which the state board of	3796
education prescribes minimum standards pursuant to division (D) of	3797
section 3301.07 of the Revised Code.	3798

~~In determining the necessity for transportation, availability~~	3799
~~of facilities and distance to the school shall be considered.~~	3800

A board of education shall not be required to transport	3801
elementary or high school pupils to and from a ~~non-public~~	3802
nonpublic or community school where such transportation would	3803
require more than thirty minutes of direct travel time as measured	3804
by school bus from the collection point as designated by the	3805
coordinator of school transportation, appointed under section	3806
3327.011 of the Revised Code, for the attendance area of the	3807
district of residence.	3808

Where it is impractical to transport a pupil by school	3809
conveyance, a board of education may offer payment, in lieu of	3810
providing such transportation~~, pay a parent, guardian, or other~~	3811
~~person in charge of such child, an amount per pupil which shall in~~	3812
~~no event exceed the average transportation cost per pupil, such~~	3813
~~average cost to be based on the cost of transportation of children~~	3814
~~by all boards of education in this state during the next preceding~~	3815
~~year~~in accordance with section 3327.02 of the Revised Code.	3816

In all city, local, and exempted village school districts the	3817
board shall provide transportation for all children who are so	3818
crippled that they are unable to walk to and from the school for	3819
which the state board of education prescribes minimum standards	3820
pursuant to division (D) of section 3301.07 of the Revised Code	3821
and which they attend. In case of dispute whether the child is	3822
able to walk to and from the school, the health commissioner shall	3823
be the judge of such ability. In all city, exempted village, and	3824
local school districts the board shall provide transportation to	3825
and from school or special education classes for educable mentally	3826
retarded children in accordance with standards adopted by the	3827
state board of education.	3828

When transportation of pupils is provided the conveyance	3829
shall be run on a time schedule that shall be adopted and put in	3830
force by the board not later than ten days after the beginning of	3831
the school term.	3832

The cost of any transportation service authorized by this	3833
section shall be paid first out of federal funds, if any,	3834
available for the purpose of pupil transportation, and secondly	3835
out of state appropriations, in accordance with regulations	3836
adopted by the state board of education.	3837

No transportation of any pupils shall be provided by any	3838
board of education to or from any school which in the selection of	3839
pupils, faculty members, or employees, practices discrimination	3840
against any person on the grounds of race, color, religion, or	3841
national origin.	3842

Sec. 3327.02. ~~If the board of education of a local school~~	3843
~~district deems the transportation, required under any law, of~~	3844
~~certain children to school by school conveyances impracticable and~~	3845
~~if it is unable to secure a reasonable offer for the~~	3846
~~transportation of such children the local board shall so report to~~	3847
~~the county board~~(A) After considering each of the following	3848
factors, the board of education of a city, exempted village, or	3849
local school district may determine that it is impractical to	3850
transport a pupil who is eligible for transportation to and from a	3851
school under section 3327.01 of the Revised Code:	3852

(1) The time and distance required to provide the	3853
transportation;	3854

(2) The number of pupils to be transported;

3855

(3) The cost of providing transportation in terms of	3856
equipment, maintenance, personnel, and administration;	3857

(4) Whether similar or equivalent service is provided to	3858
other pupils eligible for transportation;	3859

(5) Whether and to what extent the additional service	3860
unavoidably disrupts current transportation schedules;	3861

(6) Whether other reimbursable types of transportation are	3862
available.	3863

(B)(1) Based on its consideration of the factors	3864
established in division (A) of this section, the board may pass a	3865
resolution declaring the impracticality of transportation. The	3866
resolution shall include each pupil’s name and the reason for	3867
impracticality.	3868

(2) The board shall report its determination to the state	3869
board of education in a manner determined by the state board.	3870

(3) The board of education of a local school district	3871
additionally shall submit the resolution for concurrence to the	3872
educational service center that contains the local district's	3873
territory. If the ~~county~~educational service center governing	3874
board ~~deems such~~considers transportation by school conveyance	3875
practicable ~~or the offers reasonable~~, it shall so inform the local	3876
board and transportation shall be provided by such local board. If	3877
the ~~county~~educational service center board agrees with the view	3878
of the local board ~~it is compliance with section 3327.01 of the~~	3879
~~Revised Code, by such local board if such board agrees to pay the~~	3880
~~parent or other person in charge of the child for the~~	3881
~~transportation of such child to school at a rate determined for~~	3882
~~the particular case by~~, the local board ~~for each day of actual~~may	3883
offer payment in lieu of transportation as provided in this	3884
section.	3885

~~The teachers in charge of such children shall keep an~~	3886
~~accurate account of the days the children are transported to and~~	3887
~~from school. A failure of a parent or guardian to arrange to have~~	3888
~~his child transported to school, or his failure to have the child~~	3889
~~attend on the ground that the transportation is not supplied~~	3890
~~cannot be pleaded as an excuse for the failure of such parent or~~	3891
~~guardian to send such child to school or for the failure of the~~	3892
~~child to attend school.~~	3893

(C) After passing the resolution declaring the	3894
impracticality of transportation, the district board shall offer	3895
to provide payment in lieu of transportation by doing the	3896
following:	3897

(1) In accordance with guidelines established by the	3898
department of education, informing the pupil's parent, guardian,	3899
or other person in charge of the pupil of both of the following:	3900

(a) The board's resolution;

3901

(b) The right of the pupil's parent, guardian, or other	3902
person in charge of the pupil to accept the offer of payment in	3903
lieu of transportation or to reject the offer and instead request	3904
the department to initiate mediation procedures.	3905

(2) Issuing the pupil's parent, guardian, or other person	3906
in charge of the pupil a contract or other form on which the	3907
parent, guardian, or other person in charge of the pupil is given	3908
the option to accept or reject the board’s offer of payment in	3909
lieu of transportation.	3910

(D) If the parent, guardian, or other person in charge of	3911
the pupil accepts the offer of payment in lieu of providing	3912
transportation, the board shall pay the parent, guardian, or other	3913
person in charge of the child an amount that shall be not less	3914
than the amount determined by the department of education as the	3915
minimum for payment in lieu of transportation, and not more than	3916
the amount determined by the department as the average cost of	3917
pupil transportation for the previous school year. Payment may be	3918
prorated if the time period involved is only a part of the school	3919
year.	3920

(E)(1)(a) Upon the request of a parent, guardian, or other	3921
person in charge of the pupil who rejected the payment in lieu of	3922
transportation, the department shall conduct mediation procedures.	3923

(b) If the mediation does not resolve the dispute, the	3924
state board of education shall conduct a hearing in accordance	3925
with Chapter 119. of the Revised Code. The state board may	3926
approve the payment in lieu of transportation or may order the	3927
board of education to provide transportation. The decision of the	3928
state board is binding in subsequent years and on future parties	3929
in interest provided the facts of the determination remain	3930
comparable.	3931

(2) The school district shall provide transportation for	3932
the pupil from the time the parent, guardian, or other person in	3933
charge of the pupil requests mediation until the matter is	3934
resolved under division (E)(1)(a) or (b) of this section.	3935

(F)(1) If the department determines that a school district	3936
board has failed or is failing to provide transportation as	3937
required by division (E)(2) of this section or as ordered by the	3938
state board under division (E)(1)(b) of this section, the	3939
department shall order the school district board to pay to the	3940
pupil's parent, guardian, or other person in charge of the pupil,	3941
an amount equal to the state average daily cost of transportation	3942
as determined by the state board of education for the previous	3943
year. The school district board shall make payments on a schedule	3944
ordered by the department.	3945

(2) If the department subsequently finds that a school	3946
district board is not in compliance with an order issued under	3947
division (F)(1) of this section and the affected pupils are	3948
enrolled in a nonpublic or community school, the department shall	3949
deduct the amount that the board is required to pay under that	3950
order from any payments the department makes to the school	3951
district board under division (D) of section 3317.022 of the	3952
Revised Code. The department shall use the moneys so deducted to	3953
make payments to the nonpublic or community school attended by the	3954
pupil. The department shall continue to make the deductions and	3955
payments required under this division until the school district	3956
board either complies with the department’s order issued under	3957
division (F)(1) of this section or begins providing	3958
transportation.	3959

(G) A nonpublic or community school that receives payments	3960
from the department under division (F)(2) of this section shall do	3961
either of the following:	3962

(1) Disburse the entire amount of the payments to the	3963
parent, guardian, or other person in control of the pupil affected	3964
by the failure of the school district of residence to provide	3965
transportation;	3966

(2) Use the entire amount of the payments to provide	3967
acceptable transportation for the affected pupil.	3968

Sec. 3331.01. (A) As used in this chapter:

3969

(1) "Superintendent" or "superintendent of schools" of a	3970
school district means the person employed as the superintendent	3971
or that person's designee. In the case of a local school district,	3972
such designee may be the superintendent of the educational service	3973
center to which the school district belongs.	3974

(2) "Chief administrative officer" means the chief	3975
administrative officer of a nonpublic or community school or that	3976
person's designee.	3977

(B)(1) Except as provided in division (B)(2) of this	3978
section, an age and schooling certificate may be issued only by	3979
the superintendent of the city, local, joint vocational, or	3980
exempted village school district in which the child in whose name	3981
such certificate is issued resides or by the chief administrative	3982
officer of the nonpublic or community school the child attends,	3983
and only upon satisfactory proof that the child to whom the	3984
certificate is issued is at least fourteen years of age.	3985

(2) A child who resides in this state shall apply for an age	3986
and schooling certificate to the superintendent of the school	3987
district in which the child resides, or to the chief	3988
administrative officer of the school that the child attends.	3989
Residents of other states who work in Ohio shall apply to the	3990
superintendent of the school district in which the place of	3991
employment is located, as a condition of employment or service.	3992

(C) Any such age and schooling certificate may be issued	3993
only upon satisfactory proof that the employment contemplated by	3994
the child is not prohibited by any law regulating the employment	3995
of such children. Section 4113.08 of the Revised Code does not	3996
apply to such employer in respect to such child while engaged in	3997
an employment legal for a child of the age stated therein.	3998

(D) Age and schooling certificate forms shall be approved	3999
by the state board of education, including forms submitted	4000
electronically. Forms shall not display the social security number	4001
of the child. Except as otherwise provided in this section, every	4002
application for an age and schooling certificate must be signed in	4003
the presence of the officer issuing it by the child in whose name	4004
it is issued.	4005

(E) A child shall furnish the superintendent or chief	4006
administrative officer all information required by this chapter in	4007
support of the issuance of a certificate.	4008

(F) On and after September 1, 2002, each superintendent and	4009
chief administrative officer who issues an age and schooling	4010
certificate shall file electronically the certificate with the	4011
director of commerce in accordance with rules adopted by the	4012
director of administrative services pursuant to section 1306.21 of	4013
the Revised Code. On and after September 1, 2002, only	4014
electronically filed certificates are valid to satisfy the	4015
requirements of Chapter 4109. of the Revised Code.	4016

Sec. 3365.08. (A) A college that expects to receive or	4017
receives reimbursement under section 3365.07 of the Revised Code	4018
shall furnish to a participant all textbooks and materials	4019
directly related to a course taken by the participant under	4020
division (B) of section 3365.04 of the Revised Code. No college	4021
shall charge such participant for tuition, textbooks, materials,	4022
or other fees directly related to any such course.	4023

(B) No student enrolled under this chapter in a course for	4024
which credit toward high school graduation is awarded shall	4025
receive direct financial aid through any state or federal program.	4026

(C) If a school district provides transportation for	4027
resident school students in grades eleven and twelve under section	4028
3327.01 of the Revised Code, a parent of a pupil enrolled in a	4029
course under division (B) of section 3365.04 of the Revised Code	4030
may apply to the board of education for full or partial	4031
reimbursement for the necessary costs of transporting the student	4032
between the secondary school the student attends and the college	4033
in which the student is enrolled. Reimbursement may be paid	4034
solely from funds received by the district under division (D) of	4035
section 3317.022 of the Revised Code. The state board of	4036
education shall establish guidelines, based on financial need,	4037
under which a district may provide such reimbursement.	4038

(D) If a community school provides or arranges	4039
transportation for its pupils in grades nine through twelve under	4040
section 3314.091 of the Revised Code, a parent of a pupil of the	4041
community school who is enrolled in a course under division (B) of	4042
section 3365.04 of the Revised Code may apply to the governing	4043
authority of the community school for full or partial	4044
reimbursement of the necessary costs of transporting the student	4045
between the community school and the college. The governing	4046
authority may pay the reimbursement in accordance with the state	4047
board's rules adopted under division (C) of this section solely	4048
from funds paid to it under section 3314.091 of the Revised Code.	4049

Sec. 4117.101. Notwithstanding sections 4117.08 and 4117.10	4050
of the Revised Code, no agreement entered into under this chapter	4051
may contain any provision that in any way limits the effect or	4052
operation of Chapter 3314. of the Revised Code or limits the	4053
authority of a school district board of education, or the	4054
governing board of an educational service center described in	4055
division (C)(1)~~(e)~~(d) of section 3314.02 of the Revised Code, to	4056
enter into a contract with a community school under that chapter.	4057
However, nothing in this section shall be construed to prohibit an	4058
agreement entered into under this chapter from containing	4059
requirements and procedures governing the reassignment of teachers	4060
who are employed in a school at the time it is converted to a	4061
community school pursuant to Chapter 3314. of the Revised Code and	4062
who do not choose or are not chosen to teach in that community	4063
school.	4064

Section 2. That existing sections 2901.01, 2925.01,	4065
3301.0714, 3302.03, 3309.51, 3313.375, 3314.011, 3314.013,	4066
3314.02, 3314.03, 3314.05, 3314.06, 3314.07, 3314.072, 3314.08,	4067
3314.09, 3314.091, 3314.11, 3314.13, 3317.029, 3317.03, 3318.50,	4068
3327.01, 3327.02, 3331.01, 3365.08, and 4117.101, and section	4069
3314.021 of the Revised Code are hereby repealed.	4070

Section 3. That Sections 44.05 and 189 of Am. Sub. H.B. 94 of	4071
the 124th General Assembly be amended to read as follows:	4072

Sec. 44.05. VOCATIONAL EDUCATION MATCH

4073

The foregoing appropriation item 200-416, Vocational	4074
Education Match, shall be used by the Department of Education to	4075
provide vocational administration matching funds pursuant to 20	4076
U.S.C. 2311.	4077

TECHNICAL SYSTEMS DEVELOPMENT

4078

The foregoing appropriation item 200-420, Technical Systems	4079
Development, shall be used to support the development and	4080
implementation of information technology solutions designed to	4081
improve the performance and customer service of the Department of	4082
Education. Funds may be used for personnel, maintenance, and	4083
equipment costs related to the development and implementation of	4084
these technical system projects. Implementation of these systems	4085
shall allow the department to provide greater levels of assistance	4086
to school districts and to provide more timely information to the	4087
public, including school districts, administrators, and	4088
legislators.	4089

ALTERNATIVE EDUCATION PROGRAMS

4090

There is hereby created the Alternative Education Advisory	4091
Council, which shall consist of one representative from each of	4092
the following agencies: the Ohio Department of Education; the	4093
Department of Youth Services; the Ohio Department of Alcohol and	4094
Drug Addiction Services; the Department of Mental Health; the	4095
Office of the Governor or, at the Governor's discretion, the	4096
Office of the Lieutenant Governor; ~~and~~ the Office of the Attorney	4097
General; and, beginning on the effective date of this section, the	4098
Office of the Auditor of State.	4099

Of the foregoing appropriation item 200-421, Alternative	4100
Education Programs, not less than $8,253,031 in each fiscal year	4101
shall be used for the renewal of successful implementation grants	4102
and for competitive matching grants to the 21 urban school	4103
districts as defined in division (O) of section 3317.02 of the	4104
Revised Code as it existed prior to July 1, 1998, and not less	4105
than $8,163,031 in each fiscal year shall be used for the renewal	4106
of successful implementation of grants and for competitive	4107
matching grants to rural and suburban school districts for	4108
alternative educational programs for existing and new at-risk and	4109
delinquent youth. Programs shall be focused on youth in one or	4110
more of the following categories: those who have been expelled or	4111
suspended, those who have dropped out of school or who are at risk	4112
of dropping out of school, those who are habitually truant or	4113
disruptive, or those on probation or on parole from a Department	4114
of Youth Services facility. Grants shall be awarded according to	4115
the criteria established by the Alternative Education Advisory	4116
Council in 1999. Grants shall be awarded only to programs where	4117
the grant would not serve as the program's primary source of	4118
funding. These grants shall be administered by the Department of	4119
Education.	4120

The Department of Education may waive compliance with any	4121
minimum education standard established under section 3301.07 of	4122
the Revised Code for any alternative school that receives a grant	4123
under this section on the grounds that the waiver will enable the	4124
program to more effectively educate students enrolled in the	4125
alternative school.	4126

Of the foregoing appropriation item 200-421, Alternative	4127
Education Programs, up to $480,552 in each fiscal year may be used	4128
for program administration, monitoring, technical assistance,	4129
support, research, and evaluation. Any unexpended balance may be	4130
used to provide additional matching grants to urban, suburban, or	4131
rural school districts as outlined above.	4132

Of the foregoing appropriation item 200-421, Alternative	4133
Education Programs, $313,386 in each fiscal year shall be used to	4134
contract with the Center for Learning Excellence at The Ohio State	4135
University to provide technical support for the project and the	4136
completion of formative and summative evaluation of the grants.	4137

Of the foregoing appropriation item 200-421, Alternative	4138
Education Programs, up to $700,000 in each fiscal year shall be	4139
used to support Amer-I-Can. Of this set aside, no funds shall be	4140
disbursed without approval of the Controlling Board. Amer-I-Can	4141
programs shall submit to the Controlling Board a biennial spending	4142
plan that delineates how these funds will be spent. Amer-I-can	4143
programs also shall demonstrate to the Controlling Board that they	4144
have hired an independent evaluator and have selected valid and	4145
reliable instruments to assess pre and post changes in student	4146
behavior.	4147

Of the foregoing appropriation item 200-421, Alternative	4148
Education Programs, $75,000 in each fiscal year shall be used to	4149
support the Turning Point Applied Learning Center.	4150

Of the foregoing appropriation item 200-421, Alternative	4151
Education Programs, $15,000 in each fiscal year shall be used to	4152
support the Bucyrus After School Enrichment Program.	4153

SCHOOL MANAGEMENT ASSISTANCE

4154

Of the foregoing appropriation item 200-422, School	4155
Management Assistance, $700,000 in fiscal year 2002 and $400,000	4156
in fiscal year 2003 shall be used by the Auditor of State for	4157
expenses incurred in the Auditor of State's role relating to	4158
fiscal caution activities as defined in Chapter 3316. of the	4159
Revised Code. Expenses include duties related to the completion of	4160
performance audits for school districts that the Superintendent of	4161
Public Instruction determines are employing fiscal practices or	4162
experiencing budgetary conditions that could produce a state of	4163
fiscal watch or fiscal emergency.	4164

The remainder of foregoing appropriation item 200-422, School	4165
Management Assistance, shall be used by the Department of	4166
Education to provide fiscal technical assistance and inservice	4167
education for school district management personnel and to	4168
administer, monitor, and implement the fiscal watch and fiscal	4169
emergency provisions under Chapter 3316. of the Revised Code.	4170

POLICY ANALYSIS

4171

The foregoing appropriation item 200-424, Policy Analysis,	4172
shall be used by the Department of Education to support a system	4173
of administrative, statistical, and legislative education	4174
information to be used for policy analysis. Staff supported by	4175
this appropriation shall administer the development of reports,	4176
analyses, and briefings to inform education policymakers of	4177
current trends in education practice, efficient and effective use	4178
of resources, and evaluation of programs to improve education	4179
results. The database shall be kept current at all times. These	4180
research efforts shall be used to supply information and analysis	4181
of data to the General Assembly and other state policymakers,	4182
including the Office of Budget and Management and the Legislative	4183
Service Commission.	4184

The Department of Education may use funding from this	4185
appropriation item to purchase or contract for the development of	4186
software systems or contract for policy studies that will assist	4187
in the provision and analysis of policy-related information.	4188
Funding from this appropriation item also may be used to monitor	4189
and enhance quality assurance for research-based policy analysis	4190
and program evaluation to enhance the effective use of education	4191
information to inform education policymakers.	4192

TECH PREP ADMINISTRATION

4193

The foregoing appropriation item 200-425, Tech Prep	4194
Administration, shall be used by the Department of Education to	4195
support state-level activities designed to support, promote, and	4196
expand tech prep programs. Use of these funds shall include, but	4197
not be limited to, administration of grants, program evaluation,	4198
professional development, curriculum development, assessment	4199
development, program promotion, communications, and statewide	4200
coordination of tech prep consortia.	4201

OHIO EDUCATIONAL COMPUTER NETWORK

4202

The foregoing appropriation item 200-426, Ohio Educational	4203
Computer Network, shall be used by the Department of Education to	4204
maintain a system of information technology throughout Ohio and to	4205
provide technical assistance for such a system in support of the	4206
State Education Technology Plan pursuant to section 3301.07 of the	4207
Revised Code.	4208

Of the foregoing appropriation item 200-426, Ohio Educational	4209
Computer Network, up to $20,571,198 in fiscal year 2002 and up to	4210
$21,188,334 in fiscal year 2003 shall be used by the Department of	4211
Education to support connection of all public school buildings to	4212
the state's education network, to each other, and to the Internet.	4213
In each fiscal year the Department of Education shall use these	4214
funds to help reimburse data acquisition sites or school districts	4215
for the operational costs associated with this connectivity. The	4216
Department of Education shall develop a formula and guidelines for	4217
the distribution of these funds to the data acquisition sites or	4218
individual school districts. As used in this section, "public	4219
school building" means a school building of any city, local,	4220
exempted village, or joint vocational school district, or any	4221
community school established under Chapter 3314. of the Revised	4222
Code, or any educational service center building used for	4223
instructional purposes.	4224

Of the foregoing appropriation item 200-426, Ohio Educational	4225
Computer Network, up to $2,043,938 in fiscal year 2002 and up to	4226
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog	4227
and InfOhio Network.	4228

The Department of Education shall use up to $4,590,000 in	4229
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to	4230
assist designated data acquisition sites with operational costs	4231
associated with the increased use of the state's education network	4232
by chartered nonpublic schools. The Department of Education shall	4233
develop a formula and guidelines for distribution of these funds	4234
to designated data acquisition sites.	4235

The remainder in each fiscal year of appropriation item	4236
200-426, Ohio Educational Computer Network, shall be used to	4237
support development, maintenance, and operation of a network of	4238
uniform and compatible computer-based information and	4239
instructional systems. The technical assistance shall include, but	4240
not be restricted to, development and maintenance of adequate	4241
computer software systems to support network activities. Program	4242
funds may be used, through a formula and guidelines devised by the	4243
department, to subsidize the activities of not more than 24	4244
designated data acquisition sites, as defined by State Board of	4245
Education rules, to provide school districts and chartered	4246
nonpublic schools with computer-based student and teacher	4247
instructional and administrative information services, including	4248
approved computerized financial accounting, and to ensure the	4249
effective operation of local automated administrative and	4250
instructional systems. To broaden the scope of the use of	4251
technology for education, the department may use up to $250,000 in	4252
each fiscal year to coordinate the activities of the computer	4253
network with other agencies funded by the department or the state.	4254
In order to improve the efficiency of network activities, the	4255
department and data acquisition sites may jointly purchase	4256
equipment, materials, and services from funds provided under this	4257
appropriation for use by the network and, when considered	4258
practical by the department, may utilize the services of	4259
appropriate state purchasing agencies.	4260

ACADEMIC STANDARDS

4261

The foregoing appropriation item 200-427, Academic Standards,	4262
shall be used by the Department of Education to develop and	4263
disseminate academic content standards. These funds shall be used	4264
to develop academic content standards and curriculum models and to	4265
fund communication of expectations to teachers, school districts,	4266
parents, and communities.	4267

Sec. 189. Not later than March 1, 2003, the Department of Job	4268
and Family Services shall certify to the State Board of Education,	4269
for the month of October ~~in 1998, 1999, 2000, 2001, and~~ 2002, the	4270
unduplicated number of children ages five through seventeen	4271
residing in each school district and living in a family that had	4272
family income not exceeding the federal poverty guidelines, as	4273
defined in section 5101.46 of the Revised Code, and that	4274
participated in one of the following:	4275

(A) Ohio Works First;

4276

(B) The food stamp program;

4277

(C) The medical assistance program, including the Healthy	4278
Start program, established under Chapter 5111. of the Revised	4279
Code;	4280

(D) The Children's Health Insurance Program Part I	4281
established under section 5101.50 of the Revised Code or, prior to	4282
fiscal year 2000, an executive order issued under section 107.17	4283
of the Revised Code;	4284

(E) The disability assistance program established under	4285
Chapter 5115. of the Revised Code.	4286

The Department of Job and Family Services shall report this	4287
information according to the school district of residence for each	4288
child in the same manner as required by section 3317.10 of the	4289
Revised Code. It is the intent of the General Assembly that in	4290
making this report, the Department of Job and Family Services will	4291
utilize the same, or substantially similar, computer programming	4292
as it developed to assist the Legislative Office of Education	4293
Oversight in developing the report "A New Poverty Indicator to	4294
Distribute Disadvantaged Pupil Impact Aid (DPIA)."	4295

The Department of Education shall use the information	4296
reported under this section to calculate ~~five-year averages in~~	4297
~~order to make~~ payments to school districts under section 3317.029	4298
of the Revised Code in fiscal year 2004 ~~and subsequent fiscal~~	4299
~~years~~.	4300

Section 4. That existing Sections 44.05 and 189 of Am. Sub.	4301
H.B. 94 of the 124th General Assembly are hereby repealed.	4302

Section 5. The Legislative Office of Education Oversight	4303
shall conduct a study of the methodologies and statutory systems	4304
used in other states to fund independent public charter schools	4305
that are similar to the community schools established under	4306
Chapter 3314. of the Revised Code and determine how those	4307
methodologies and systems compare to those codified in Chapter	4308
3314. of the Revised Code. The Office shall issue a written	4309
report to the General Assembly not later than January 31, 2004.	4310

Section 6. The State Board of Education shall continue to	4311
sponsor any community school for which it has entered into a	4312
contract at the time of the effective date of this section until	4313
the earlier of the expiration of two school years or until a new	4314
sponsor, as described in division (C)(1) of section 3314.02 of the	4315
Revised Code, as amended by this act, is secured by the school's	4316
governing authority. The State Board shall not thereafter sponsor	4317
any community school except as provided in division (C) of section	4318
3314.015 of the Revised Code. The State Board may extend the term	4319
of any existing contract with a community school governing	4320
authority only as necessary to accommodate the term of the Board's	4321
authorization to sponsor the school as specified in this section.	4322

Notwithstanding the requirement for approval of sponsorship	4323
by the Department of Education prescribed in division (B)(1) of	4324
section 3314.015 of the Revised Code, as enacted by this act, and	4325
any geographical restriction or mission requirement prescribed in	4326
division (C)(1) of section 3314.02 of the Revised Code, as amended	4327
by this act, an entity other than the State Board of Education	4328
that has entered into a contract to sponsor a community school on	4329
the effective date of this section may continue to sponsor the	4330
school in conformance with the terms of that contract as long as	4331
the entity complies with all other sponsorship provisions of	4332
Chapter 3314. of the Revised Code as amended by this act. Such an	4333
entity also may enter into new contracts to sponsor community	4334
schools after the effective date of this section and need not be	4335
approved by the Department of Education for such sponsorship, as	4336
otherwise required under division (B)(1) of section 3314.015 of	4337
the Revised Code, as enacted by this act, as long as the contracts	4338
conform to and the entity complies with all other provisions of	4339
Chapter 3314. of the Revised Code as amended by this act.	4340

Section 7. Not later than ninety days after the effective	4341
date of this section, the Department of Education shall adopt	4342
rules for procedures, criteria, and deadlines for the approval,	4343
oversight, and revocation of approval of sponsors of new start-up	4344
community schools; for criteria for determining if a tax-exempt	4345
entity is an education-oriented entity; for criteria for	4346
determining whether a mission of a community school proposed for	4347
sponsorship by a state university, board of trustees, or the	4348
board's designee complies with the requirements of division	4349
(C)(1)(e) of section 3314.02 of the Revised Code as amended by	4350
this act; and for procedures for entering into written agreements	4351
with sponsors as provided for under section 3314.015 of the	4352
Revised Code. The rules may require sponsors to respond in a	4353
timely manner to reasonable requests from the Department for	4354
information, data, and documents. In developing the rules, the	4355
Department shall consult with the other entities that on the	4356
effective date of this section have existing contracts to sponsor	4357
community schools.	4358

Section 8. That the version of section 2925.01 of the	4359
Revised Code that is scheduled to take effect January 1, 2004, be	4360
amended to read as follows:	4361

Sec. 2925.01. As used in this chapter:

4362

(A) "Administer," "controlled substance," "dispense,"	4363
"distribute," "hypodermic," "manufacturer," "official written	4364
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"	4365
"schedule II," "schedule III," "schedule IV," "schedule V," and	4366
"wholesaler" have the same meanings as in section 3719.01 of the	4367
Revised Code.	4368

(B) "Drug dependent person" and "drug of abuse" have the same	4369
meanings as in section 3719.011 of the Revised Code.	4370

(C) "Drug," "dangerous drug," "licensed health professional	4371
authorized to prescribe drugs," and "prescription" have the same	4372
meanings as in section 4729.01 of the Revised Code.	4373

(D) "Bulk amount" of a controlled substance means any of the	4374
following:	4375

(1) For any compound, mixture, preparation, or substance	4376
included in schedule I, schedule II, or schedule III, with the	4377
exception of marihuana, cocaine, L.S.D., heroin, and hashish and	4378
except as provided in division (D)(2) or (5) of this section,	4379
whichever of the following is applicable:	4380

(a) An amount equal to or exceeding ten grams or twenty-five	4381
unit doses of a compound, mixture, preparation, or substance that	4382
is or contains any amount of a schedule I opiate or opium	4383
derivative;	4384

(b) An amount equal to or exceeding ten grams of a compound,	4385
mixture, preparation, or substance that is or contains any amount	4386
of raw or gum opium;	4387

(c) An amount equal to or exceeding thirty grams or ten unit	4388
doses of a compound, mixture, preparation, or substance that is or	4389
contains any amount of a schedule I hallucinogen other than	4390
tetrahydrocannabinol or lysergic acid amide, or a schedule I	4391
stimulant or depressant;	4392

(d) An amount equal to or exceeding twenty grams or five	4393
times the maximum daily dose in the usual dose range specified in	4394
a standard pharmaceutical reference manual of a compound, mixture,	4395
preparation, or substance that is or contains any amount of a	4396
schedule II opiate or opium derivative;	4397

(e) An amount equal to or exceeding five grams or ten unit	4398
doses of a compound, mixture, preparation, or substance that is or	4399
contains any amount of phencyclidine;	4400

(f) An amount equal to or exceeding one hundred twenty grams	4401
or thirty times the maximum daily dose in the usual dose range	4402
specified in a standard pharmaceutical reference manual of a	4403
compound, mixture, preparation, or substance that is or contains	4404
any amount of a schedule II stimulant that is in a final dosage	4405
form manufactured by a person authorized by the "Federal Food,	4406
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as	4407
amended, and the federal drug abuse control laws, as defined in	4408
section 3719.01 of the Revised Code, that is or contains any	4409
amount of a schedule II depressant substance or a schedule II	4410
hallucinogenic substance;	4411

(g) An amount equal to or exceeding three grams of a	4412
compound, mixture, preparation, or substance that is or contains	4413
any amount of a schedule II stimulant, or any of its salts or	4414
isomers, that is not in a final dosage form manufactured by a	4415
person authorized by the Federal Food, Drug, and Cosmetic Act and	4416
the federal drug abuse control laws.	4417

(2) An amount equal to or exceeding one hundred twenty grams	4418
or thirty times the maximum daily dose in the usual dose range	4419
specified in a standard pharmaceutical reference manual of a	4420
compound, mixture, preparation, or substance that is or contains	4421
any amount of a schedule III or IV substance other than an	4422
anabolic steroid or a schedule III opiate or opium derivative;	4423

(3) An amount equal to or exceeding twenty grams or five	4424
times the maximum daily dose in the usual dose range specified in	4425
a standard pharmaceutical reference manual of a compound, mixture,	4426
preparation, or substance that is or contains any amount of a	4427
schedule III opiate or opium derivative;	4428

(4) An amount equal to or exceeding two hundred fifty	4429
milliliters or two hundred fifty grams of a compound, mixture,	4430
preparation, or substance that is or contains any amount of a	4431
schedule V substance;	4432

(5) An amount equal to or exceeding two hundred solid dosage	4433
units, sixteen grams, or sixteen milliliters of a compound,	4434
mixture, preparation, or substance that is or contains any amount	4435
of a schedule III anabolic steroid.	4436

(E) "Unit dose" means an amount or unit of a compound,	4437
mixture, or preparation containing a controlled substance that is	4438
separately identifiable and in a form that indicates that it is	4439
the amount or unit by which the controlled substance is separately	4440
administered to or taken by an individual.	4441

(F) "Cultivate" includes planting, watering, fertilizing, or	4442
tilling.	4443

(G) "Drug abuse offense" means any of the following:

4444

(1) A violation of division (A) of section 2913.02 that	4445
constitutes theft of drugs, or a violation of section 2925.02,	4446
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12,	4447
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or	4448
2925.37 of the Revised Code;	4449

(2) A violation of an existing or former law of this or any	4450
other state or of the United States that is substantially	4451
equivalent to any section listed in division (G)(1) of this	4452
section;	4453

(3) An offense under an existing or former law of this or	4454
any other state, or of the United States, of which planting,	4455
cultivating, harvesting, processing, making, manufacturing,	4456
producing, shipping, transporting, delivering, acquiring,	4457
possessing, storing, distributing, dispensing, selling, inducing	4458
another to use, administering to another, using, or otherwise	4459
dealing with a controlled substance is an element;	4460

(4) A conspiracy to commit, attempt to commit, or complicity	4461
in committing or attempting to commit any offense under division	4462
(G)(1), (2), or (3) of this section.	4463

(H) "Felony drug abuse offense" means any drug abuse offense	4464
that would constitute a felony under the laws of this state, any	4465
other state, or the United States.	4466

(I) "Harmful intoxicant" does not include beer or	4467
intoxicating liquor but means any of the following:	4468

(1) Any compound, mixture, preparation, or substance the gas,	4469
fumes, or vapor of which when inhaled can induce intoxication,	4470
excitement, giddiness, irrational behavior, depression,	4471
stupefaction, paralysis, unconsciousness, asphyxiation, or other	4472
harmful physiological effects, and includes, but is not limited	4473
to, any of the following:	4474

(a) Any volatile organic solvent, plastic cement, model	4475
cement, fingernail polish remover, lacquer thinner, cleaning	4476
fluid, gasoline, or other preparation containing a volatile	4477
organic solvent;	4478

(b) Any aerosol propellant;

4479

4480

(d) Any anesthetic gas.

4481

(2) Gamma Butyrolactone;

4482

(3) 1,4 Butanediol.

4483

(J) "Manufacture" means to plant, cultivate, harvest,	4484
process, make, prepare, or otherwise engage in any part of the	4485
production of a drug, by propagation, extraction, chemical	4486
synthesis, or compounding, or any combination of the same, and	4487
includes packaging, repackaging, labeling, and other activities	4488
incident to production.	4489

(K) "Possess" or "possession" means having control over a	4490
thing or substance, but may not be inferred solely from mere	4491
access to the thing or substance through ownership or occupation	4492
of the premises upon which the thing or substance is found.	4493

(L) "Sample drug" means a drug or pharmaceutical preparation	4494
that would be hazardous to health or safety if used without the	4495
supervision of a licensed health professional authorized to	4496
prescribe drugs, or a drug of abuse, and that, at one time, had	4497
been placed in a container plainly marked as a sample by a	4498
manufacturer.	4499

(M) "Standard pharmaceutical reference manual" means the	4500
current edition, with cumulative changes if any, of any of the	4501
following reference works:	4502

(1) "The National Formulary";

4503

(2) "The United States Pharmacopeia," prepared by authority	4504
of the United States Pharmacopeial Convention, Inc.;	4505

(3) Other standard references that are approved by the state	4506
board of pharmacy.	4507

(N) "Juvenile" means a person under eighteen years of age.

4508

(O) "Counterfeit controlled substance" means any of the	4509
following:	4510

(1) Any drug that bears, or whose container or label bears,	4511
a trademark, trade name, or other identifying mark used without	4512
authorization of the owner of rights to that trademark, trade	4513
name, or identifying mark;	4514

(2) Any unmarked or unlabeled substance that is represented	4515
to be a controlled substance manufactured, processed, packed, or	4516
distributed by a person other than the person that manufactured,	4517
processed, packed, or distributed it;	4518

(3) Any substance that is represented to be a controlled	4519
substance but is not a controlled substance or is a different	4520
controlled substance;	4521

(4) Any substance other than a controlled substance that a	4522
reasonable person would believe to be a controlled substance	4523
because of its similarity in shape, size, and color, or its	4524
markings, labeling, packaging, distribution, or the price for	4525
which it is sold or offered for sale.	4526

(P) An offense is "committed in the vicinity of a school" if	4527
the offender commits the offense on school premises, in a school	4528
building, or within one thousand feet of the boundaries of any	4529
school premises.	4530

(Q) "School" means any school operated by a board of	4531
education, any community school established under Chapter 3314. of	4532
the Revised Code, or any nonpublic school for which the state	4533
board of education prescribes minimum standards under section	4534
3301.07 of the Revised Code, whether or not any instruction,	4535
extracurricular activities, or training provided by the school is	4536
being conducted at the time a criminal offense is committed.	4537

(R) "School premises" means either of the following:

4538

(1) The parcel of real property on which any school is	4539
situated, whether or not any instruction, extracurricular	4540
activities, or training provided by the school is being conducted	4541
on the premises at the time a criminal offense is committed;	4542

(2) Any other parcel of real property that is owned or	4543
leased by a board of education of a school, the governing	4544
authority of a community school established under Chapter 3314. of	4545
the Revised Code, or the governing body of a nonpublic school for	4546
which the state board of education prescribes minimum standards	4547
under section 3301.07 of the Revised Code and on which some of the	4548
instruction, extracurricular activities, or training of the school	4549
is conducted, whether or not any instruction, extracurricular	4550
activities, or training provided by the school is being conducted	4551
on the parcel of real property at the time a criminal offense is	4552
committed.	4553

(S) "School building" means any building in which any of the	4554
instruction, extracurricular activities, or training provided by a	4555
school is conducted, whether or not any instruction,	4556
extracurricular activities, or training provided by the school is	4557
being conducted in the school building at the time a criminal	4558
offense is committed.	4559

(T) "Disciplinary counsel" means the disciplinary counsel	4560
appointed by the board of commissioners on grievances and	4561
discipline of the supreme court under the Rules for the Government	4562
of the Bar of Ohio.	4563

(U) "Certified grievance committee" means a duly constituted	4564
and organized committee of the Ohio state bar association or of	4565
one or more local bar associations of the state of Ohio that	4566
complies with the criteria set forth in Rule V, section 6 of the	4567
Rules for the Government of the Bar of Ohio.	4568

(V) "Professional license" means any license, permit,	4569
certificate, registration, qualification, admission, temporary	4570
license, temporary permit, temporary certificate, or temporary	4571
registration that is described in divisions (W)(1) to (36) of this	4572
section and that qualifies a person as a professionally licensed	4573
person.	4574

(W) "Professionally licensed person" means any of the	4575
following:	4576

(1) A person who has obtained a license as a manufacturer of	4577
controlled substances or a wholesaler of controlled substances	4578
under Chapter 3719. of the Revised Code;	4579

(2) A person who has received a certificate or temporary	4580
certificate as a certified public accountant or who has registered	4581
as a public accountant under Chapter 4701. of the Revised Code and	4582
who holds an Ohio permit issued under that chapter;	4583

(3) A person who holds a certificate of qualification to	4584
practice architecture issued or renewed and registered under	4585
Chapter 4703. of the Revised Code;	4586

(4) A person who is registered as a landscape architect	4587
under Chapter 4703. of the Revised Code or who holds a permit as a	4588
landscape architect issued under that chapter;	4589

(5) A person licensed as an auctioneer or apprentice	4590
auctioneer or licensed to operate an auction company under Chapter	4591
4707. of the Revised Code;	4592

(6) A person who has been issued a certificate of	4593
registration as a registered barber under Chapter 4709. of the	4594
Revised Code;	4595

(7) A person licensed and regulated to engage in the	4596
business of a debt pooling company by a legislative authority,	4597
under authority of Chapter 4710. of the Revised Code;	4598

(8) A person who has been issued a cosmetologist's license,	4599
manicurist's license, esthetician's license, managing	4600
cosmetologist's license, managing manicurist's license, managing	4601
esthetician's license, cosmetology instructor's license,	4602
manicurist instructor's license, esthetician instructor's license,	4603
or tanning facility permit under Chapter 4713. of the Revised	4604
Code;	4605

(9) A person who has been issued a license to practice	4606
dentistry, a general anesthesia permit, a conscious intravenous	4607
sedation permit, a limited resident's license, a limited teaching	4608
license, a dental hygienist's license, or a dental hygienist's	4609
teacher's certificate under Chapter 4715. of the Revised Code;	4610

(10) A person who has been issued an embalmer's license, a	4611
funeral director's license, a funeral home license, or a crematory	4612
license, or who has been registered for an embalmer's or funeral	4613
director's apprenticeship under Chapter 4717. of the Revised Code;	4614

(11) A person who has been licensed as a registered nurse or	4615
practical nurse, or who has been issued a certificate for the	4616
practice of nurse-midwifery under Chapter 4723. of the Revised	4617
Code;	4618

(12) A person who has been licensed to practice optometry or	4619
to engage in optical dispensing under Chapter 4725. of the Revised	4620
Code;	4621

(13) A person licensed to act as a pawnbroker under Chapter	4622
4727. of the Revised Code;	4623

(14) A person licensed to act as a precious metals dealer	4624
under Chapter 4728. of the Revised Code;	4625

(15) A person licensed as a pharmacist, a pharmacy intern, a	4626
wholesale distributor of dangerous drugs, or a terminal	4627
distributor of dangerous drugs under Chapter 4729. of the Revised	4628
Code;	4629

(16) A person who is authorized to practice as a physician	4630
assistant under Chapter 4730. of the Revised Code;	4631

(17) A person who has been issued a certificate to practice	4632
medicine and surgery, osteopathic medicine and surgery, a limited	4633
branch of medicine, or podiatry under Chapter 4731. of the Revised	4634
Code;	4635

(18) A person licensed as a psychologist or school	4636
psychologist under Chapter 4732. of the Revised Code;	4637

(19) A person registered to practice the profession of	4638
engineering or surveying under Chapter 4733. of the Revised Code;	4639

(20) A person who has been issued a license to practice	4640
chiropractic under Chapter 4734. of the Revised Code;	4641

(21) A person licensed to act as a real estate broker or	4642
real estate salesperson under Chapter 4735. of the Revised Code;	4643

(22) A person registered as a registered sanitarian under	4644
Chapter 4736. of the Revised Code;	4645

(23) A person licensed to operate or maintain a junkyard	4646
under Chapter 4737. of the Revised Code;	4647

(24) A person who has been issued a motor vehicle salvage	4648
dealer's license under Chapter 4738. of the Revised Code;	4649

(25) A person who has been licensed to act as a steam	4650
engineer under Chapter 4739. of the Revised Code;	4651

(26) A person who has been issued a license or temporary	4652
permit to practice veterinary medicine or any of its branches, or	4653
who is registered as a graduate animal technician under Chapter	4654
4741. of the Revised Code;	4655

(27) A person who has been issued a hearing aid dealer's or	4656
fitter's license or trainee permit under Chapter 4747. of the	4657
Revised Code;	4658

(28) A person who has been issued a class A, class B, or	4659
class C license or who has been registered as an investigator or	4660
security guard employee under Chapter 4749. of the Revised Code;	4661

(29) A person licensed and registered to practice as a	4662
nursing home administrator under Chapter 4751. of the Revised	4663
Code;	4664

(30) A person licensed to practice as a speech-language	4665
pathologist or audiologist under Chapter 4753. of the Revised	4666
Code;	4667

(31) A person issued a license as an occupational therapist	4668
or physical therapist under Chapter 4755. of the Revised Code;	4669

(32) A person who is licensed as a professional clinical	4670
counselor or professional counselor, licensed as a social worker	4671
or independent social worker, or registered as a social work	4672
assistant under Chapter 4757. of the Revised Code;	4673

(33) A person issued a license to practice dietetics under	4674
Chapter 4759. of the Revised Code;	4675

(34) A person who has been issued a license or limited	4676
permit to practice respiratory therapy under Chapter 4761. of the	4677
Revised Code;	4678

(35) A person who has been issued a real estate appraiser	4679
certificate under Chapter 4763. of the Revised Code;	4680

(36) A person who has been admitted to the bar by order of	4681
the supreme court in compliance with its prescribed and published	4682
rules.	4683

(X) "Cocaine" means any of the following:

4684

(1) A cocaine salt, isomer, or derivative, a salt of a	4685
cocaine isomer or derivative, or the base form of cocaine;	4686

(2) Coca leaves or a salt, compound, derivative, or	4687
preparation of coca leaves, including ecgonine, a salt, isomer, or	4688
derivative of ecgonine, or a salt of an isomer or derivative of	4689
ecgonine;	4690

(3) A salt, compound, derivative, or preparation of a	4691
substance identified in division (X)(1) or (2) of this section	4692
that is chemically equivalent to or identical with any of those	4693
substances, except that the substances shall not include	4694
decocainized coca leaves or extraction of coca leaves if the	4695
extractions do not contain cocaine or ecgonine.	4696

(Y) "L.S.D." means lysergic acid diethylamide.

4697

(Z) "Hashish" means the resin or a preparation of the resin	4698
contained in marihuana, whether in solid form or in a liquid	4699
concentrate, liquid extract, or liquid distillate form.	4700

(AA) "Marihuana" has the same meaning as in section 3719.01	4701
of the Revised Code, except that it does not include hashish.	4702

(BB) An offense is "committed in the vicinity of a juvenile"	4703
if the offender commits the offense within one hundred feet of a	4704
juvenile or within the view of a juvenile, regardless of whether	4705
the offender knows the age of the juvenile, whether the offender	4706
knows the offense is being committed within one hundred feet of or	4707
within view of the juvenile, or whether the juvenile actually	4708
views the commission of the offense.	4709

(CC) "Presumption for a prison term" or "presumption that a	4710
prison term shall be imposed" means a presumption, as described in	4711
division (D) of section 2929.13 of the Revised Code, that a prison	4712
term is a necessary sanction for a felony in order to comply with	4713
the purposes and principles of sentencing under section 2929.11 of	4714
the Revised Code.	4715

(DD) "Major drug offender" has the same meaning as in section	4716
2929.01 of the Revised Code.	4717

(EE) "Minor drug possession offense" means either of the	4718
following:	4719

(1) A violation of section 2925.11 of the Revised Code as it	4720
existed prior to July 1, 1996;	4721

(2) A violation of section 2925.11 of the Revised Code as it	4722
exists on and after July 1, 1996, that is a misdemeanor or a	4723
felony of the fifth degree.	4724

(FF) "Mandatory prison term" has the same meaning as in	4725
section 2929.01 of the Revised Code.	4726

(GG) "Crack cocaine" means a compound, mixture, preparation,	4727
or substance that is or contains any amount of cocaine that is	4728
analytically identified as the base form of cocaine or that is in	4729
a form that resembles rocks or pebbles generally intended for	4730
individual use.	4731

(HH) "Adulterate" means to cause a drug to be adulterated as	4732
described in section 3715.63 of the Revised Code.	4733

(II) "Public premises" means any hotel, restaurant, tavern,	4734
store, arena, hall, or other place of public accommodation,	4735
business, amusement, or resort.	4736

Section 9. That the existing version of section 2925.01 of	4737
the Revised Code that is scheduled to take effect January 1, 2004,	4738
is hereby repealed.	4739

Section 10. Sections 8 and 9 of this act take effect January	4740
1, 2004.	4741

Section 11. The Legislative Office of Education Oversight	4742
shall conduct a study of the cost of educating a student in an	4743
Internet- or computer-based community school established under	4744
Chapter 3314. of the Revised Code. The Office shall issue a	4745
written report on its findings to the General Assembly not later	4746
than December 31, 2003.	4747

Section 12. (A) This section applies to any entity that is	4748
exempt from taxation under Section 501(c)(3) of the Internal	4749
Revenue Code and that satisfies the conditions specified in	4750
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	4751
Revised Code but does not satisfy the condition specified in	4752
division (C)(1)(f)(i) of that section.	4753

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	4754
of the Revised Code, an entity described in division (A) of this	4755
section may succeed the board of trustees of a state university	4756
located in the Pilot Project Area or that board's designee as the	4757
sponsor of a community school established under Chapter 3314. of	4758
the Revised Code, and may sponsor such school for the remainder of	4759
the term of the contract between the board of trustees or its	4760
designee and the governing authority of the community school and	4761
may renew that contract as provided in division (E) of section	4762
3314.03 of the Revised Code. Such entity also may enter into new	4763
contracts to sponsor additional community schools as long as it	4764
satisfies all the requirements of Chapter 3314. of the Revised	4765
Code except for the requirement prescribed in division	4766
(C)(1)(f)(i) of section 3314.02 of the Revised Code.	4767

Section 13. Section 3317.029 of the Revised Code is presented	4768
in this act as a composite of the section as amended by both Am.	4769
Sub. H.B. 94 and Am. Sub. S.B. 1 of the 124th General Assembly.	4770
The General Assembly, applying the principle stated in division	4771
(B) of section 1.52 of the Revised Code that amendments are to be	4772
harmonized if reasonably capable of simultaneous operation, finds	4773
that the composite is the resulting version of the section in	4774
effect prior to the effective date of the section as presented in	4775
this act.	4776