REPRESENTATIVE Carey
A BILL
To amend sections 133.07, 3301.075, 3301.80, 3313.37,
3313.608, 3314.08, 3317.012, 3317.013, 3317.02,
3317.022, 3317.023, 3317.029, 3317.0212, 3317.03,
3317.05, 3317.051, 3317.11, 3317.16, 3317.161,
3317.162, 3317.20, 3318.31, 3319.19, 3323.09,
3323.091,
3333.02, 3333.03, 3333.12, 3333.13,
3770.02,
3770.03, 3770.06, 5126.05, and 5126.12;
to amend,
for the purpose of adopting new section
numbers as
indicated in parentheses, sections
3317.161
(3317.052) and 3317.162 (3317.053); and
to repeal
section 307.031 of the Revised Code and
to amend
Section 18 of Am. Sub. H.B. 650 of the
122nd
General Assembly, as subsequently amended,
and
Section 17 of Am. Sub. H.B. 282 of the 123rd
General Assembly, as subsequently amended, to make
appropriations for education programs for the
biennium beginning July 1, 2001, and ending June
30, 2003, and to provide authorization and
conditions for the operation of education
programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.07, 3301.075, 3301.80, 3313.37,
3313.608, 3314.08, 3317.012, 3317.013, 3317.02, 3317.022,
3317.023, 3317.029, 3317.0212, 3317.03, 3317.05, 3317.051,
3317.11, 3317.16, 3317.161, 3317.162, 3317.20, 3318.31, 3319.19,
3323.09,
3323.091, 3333.02, 3333.03, 3333.12, 3333.13, 3770.02,
3770.03,
3770.06, 5126.05, and 5126.12 be amended and sections
3317.161
(3317.052) and 3317.162 (3317.053) be amended for the
purpose of
adopting new section numbers as indicated in
parentheses, to read
as follows:
Sec. 133.07. (A) A county shall not incur, without a vote
of the electors, either of the following:
(1) Net indebtedness for all purposes that exceeds an
amount
equal to one per cent of its tax valuation;
(2) Net indebtedness for the purpose of paying the
county's
share of the cost of the construction, improvement,
maintenance,
or repair of state highways that exceeds an amount
equal to
one-half of one per cent of its tax valuation.
(B) A county shall not incur total net indebtedness that
exceeds an amount equal to one of the following limitations
that
applies to the county:
(1) A county with a valuation not exceeding one hundred
million dollars, three per cent of that tax valuation;
(2) A county with a tax valuation exceeding one hundred
million dollars but not exceeding three hundred million dollars,
three million dollars plus one and one-half per cent of that tax
valuation in excess of one hundred million dollars;
(3) A county with a tax valuation exceeding three hundred
million dollars, six million dollars plus two and one-half per
cent of that tax valuation in excess of three hundred million
dollars.
(C) In calculating the net indebtedness of a county, none
of
the following securities shall be considered:
(1) Securities described in section 307.201 of the Revised
Code;
(2) Self-supporting securities issued for any purposes,
including, but not limited to, any of the following general
purposes:
(a) Water systems or facilities;
(b) Sanitary sewerage systems or facilities, or surface
and
storm water drainage and sewerage systems or facilities, or a
combination of those systems or facilities;
(c) County or joint county scrap tire collection, storage,
monocell, monofill, or recovery facilities, or any combination of
those facilities;
(d) Off-street parking lots, facilities, or buildings, or
on-street parking facilities, or any combination of off-street
and
on-street parking facilities;
(e) Facilities for the care or treatment of the sick or
infirm, and for housing the persons providing that care or
treatment and their families;
(f) Recreational, sports, convention, auditorium, museum,
trade show, and other public attraction facilities;
(g) Facilities for natural resources exploration,
development, recovery, use, and sale;
(h) Correctional and detention facilities and related
rehabilitation facilities.
(3) Securities issued for the purpose of purchasing,
constructing, improving, or extending water or sanitary or
surface
and storm water sewerage systems or facilities, or a
combination
of those systems or facilities, to the extent that an
agreement
entered into with another subdivision requires the
other
subdivision to pay to the county amounts equivalent to debt
charges on the securities;
(4) Voted general obligation securities issued for the
purpose of permanent improvements for sanitary sewerage or water
systems or facilities to the extent that the total principal
amount of voted securities outstanding for the purpose does not
exceed an amount equal to two per cent of the county's tax
valuation;
(5) Securities issued for permanent improvements to house
agencies, departments, boards, or commissions of the county or of
any municipal corporation located, in whole or in part, in the
county, to the extent that the revenues, other than revenues from
unvoted county property taxes, derived from leases or other
agreements between the county and those agencies, departments,
boards, commissions, or municipal corporations relating to the
use
of the permanent improvements are sufficient to cover the
cost of
all operating expenses of the permanent improvements paid
by the
county and debt charges on the securities;
(6) Securities issued pursuant to section 133.08 of the
Revised Code;
(7) Securities issued for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts, for the
purpose of acquiring or making other highway permanent
improvements, or for the purpose of procuring and maintaining
computer systems for the office of the clerk of any
county-operated municipal court, for the office of the clerk of
the court of common pleas, or for the office of the clerk of the
probate, juvenile, or domestic relations division of the court of
common pleas to the extent that the legislation authorizing the
issuance of the securities includes a covenant to appropriate
from
moneys distributed to the county pursuant to division (B) of
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a
sufficient amount to cover debt charges on and financing costs
relating to the securities as they become due;
(8) Securities issued for the purpose of acquiring,
constructing, improving, and equipping a county, multicounty, or
multicounty-municipal jail, workhouse, juvenile detention
facility, or correctional facility;
(9) Securities issued for the acquisition, construction,
equipping, or repair of any permanent improvement or any class or
group of permanent improvements enumerated in a resolution
adopted
pursuant to division (D) of section 5739.026 of the
Revised Code
to the extent that the legislation authorizing the
issuance of the
securities includes a covenant to appropriate
from moneys received
from the taxes authorized under section
5739.023 and division
(A)(5) of section 5739.026 of the Revised
Code an amount
sufficient to pay debt charges on the securities
and those moneys
shall be pledged for that purpose;
(10) Securities issued for county or joint county solid
waste or hazardous waste collection, transfer, or disposal
facilities, or resource recovery and solid or hazardous waste
recycling facilities, or any combination of those facilities;
(11) Securities issued for the acquisition, construction,
and equipping of a port authority educational and cultural
facility under section 307.671 of the Revised Code;
(12) Securities issued for the acquisition, construction,
equipping, and improving of a municipal educational and cultural
facility under division (B)(1) of section 307.672 of the Revised
Code;
(13) Securities issued for energy conservation measures
under section 307.041
of the Revised Code;
(14) Securities issued for the acquisition, construction,
equipping,
improving, or repair of a sports facility, including
obligations issued to pay
costs of a sports facility under section
307.673 of the Revised Code;
(15) Securities issued under section 755.17 of the Revised
Code if the
legislation authorizing issuance of the securities
includes
a covenant to appropriate from revenue received from a
tax authorized under
division (A)(5) of section 5739.026 and
section 5741.023 of the Revised Code
an amount sufficient to pay
debt charges on the securities, and the board of
county
commissioners pledges that revenue for that purpose, pursuant to
section 755.171 of the Revised Code;
(16) Sales tax supported bonds issued pursuant to section
133.081 of the Revised Code for the purpose of
acquiring,
constructing, improving, or equipping any permanent
improvement to
the extent that the legislation authorizing the
issuance of the
sales tax supported bonds pledges county sales
taxes to the
payment of debt charges on the sales tax supported
bonds and
contains a covenant to appropriate from county sales
taxes a
sufficient amount to cover debt charges or the financing
costs
related to the sales tax supported bonds as they become
due.;
(17) Bonds or notes issued under section 133.60 of the
Revised Code if the legislation authorizing issuance of the
bonds
or notes includes a covenant to appropriate from revenue received
from a
tax authorized under division (A)(9) of section 5739.026
and section
5741.023 of the Revised Code an amount sufficient to
pay the
debt charges on the bonds or notes, and the board of
county commissioners
pledges that revenue for that purpose.;
(18) Securities issued under section 3707.55 of the
Revised
Code for the acquisition of real property by a general health
district;
(19) Securities issued under division (A)(3) of section
3313.37 of the Revised Code for the acquisition of real and
personal property by an educational service center.
(D) In calculating the net indebtedness of a county, no
obligation incurred under division (D) of section 339.06 of
the
Revised Code shall be considered.
Sec. 3301.075. The state board of education shall adopt
rules governing the
purchasing and leasing of data processing
services and equipment for all
local, exempted village, city, and
joint vocational school
districts and all educational service
centers.
Such rules shall include provisions for the
establishment of an Ohio
education
computer network under
procedures, guidelines, and specifications of the
department of
education.
The department shall administer funds appropriated for
the
Ohio education
computer network to ensure its efficient and
economical operation and shall
approve no more than twenty-seven
data acquisition sites to operate
concurrently. Such sites shall
be approved for funding in accordance with
rules of the state
board adopted under this section
that shall provide for the
superintendent of public instruction to require
the membership of
each data
acquisition site to be composed of combinations of
school districts and
educational service centers
from
contiguous
counties having sufficient students to support an efficient,
economical comprehensive program of computer services to member
districts and
educational service centers.
Each data acquisition
site, other than sites organized under Chapter 167. of
the Revised
Code prior to the effective date of this section, shall be
organized in accordance with section 3313.92
or Chapter 167. of
the Revised Code.
The department of education may contract with an independent
for profit or
nonprofit
entity to provide current and historical
information on Ohio
government through the Ohio education computer
network to school
district libraries operating in accordance with
section 3375.14
of the Revised Code in order
to assist school
teachers in social studies course instruction and support
student
research projects. Any such contract shall be awarded in
accordance
with Chapter 125. of the Revised Code.
Sec. 3301.80. (A) There is hereby created the Ohio
SchoolNet commission
as an independent agency. The commission
shall administer
programs to provide financial and other
assistance to school districts
and other educational institutions
for the acquisition and utilization
of educational technology.
The commission is a body corporate and politic, an agency of
the
state performing essential governmental functions of the
state.
(B)(1) The commission shall consist
of eleven members, seven
of
whom are voting members. Of the
voting members, one shall be
appointed by the speaker of
the house of representatives and one
shall be appointed by the president of
the senate. The members
appointed by the speaker of the house and the
president of the
senate shall not be members of the general assembly. The
state
superintendent of public instruction or a designee of the
superintendent, the director of budget and management
or a
designee of the director, the
director of administrative services
or a designee of the
director, the chairperson of the public
utilities commission or a designee of
the chairperson, and the
director of the Ohio educational telecommunications
network
commission or a designee of the director shall serve on the
commission
as ex officio voting members. Of the nonvoting
members, two shall be members
of the house of representatives
appointed by the speaker of the house and two
shall be members of
the senate appointed by the
president of the senate. The members
appointed from each house shall not be
members of the same
political party.
The superintendent of public instruction or the
superintendent's designee shall be the chairperson of the
commission.
(2) The members shall serve without compensation. The
voting
members appointed by the speaker of the house of
representatives and the
president of the senate shall be
reimbursed, pursuant to
office of budget and management
guidelines, for necessary expenses
incurred in the performance of
official duties.
(3) The terms of office for the members appointed by the
speaker of
the house and
the president of the senate shall be for
two
years, with each term ending on the same day of the same
month
as did the term that it succeeds. The members appointed by the
speaker of the house and the president of the senate may be
reappointed.
Any member appointed from the house of
representatives or senate who ceases to
be a member of the
legislative house from which the member was appointed shall
cease
to be a member of the commission. Vacancies
among appointed
members
shall be filled in the manner provided for original
appointments. Any member
appointed to fill a vacancy occurring
prior to the expiration date of the term
for which a predecessor
was appointed shall hold office as a member for the
remainder of
that term. The members appointed by the
speaker of the house and
the president of the senate
shall continue in office subsequent to
the expiration date of that member's
term until a successor takes
office or until a period of sixty days has
elapsed, whichever
occurs first.
(C)(1) The commission shall be under the
supervision of an
executive director who
shall be appointed by the commission.
The
executive director shall
serve at the pleasure of the commission
and shall
direct commission employees in the
administration of all
programs for the provision of financial and other
assistance to
school districts and other educational institutions for the
acquisition and utilization of educational technology.
(2) The employees of the Ohio SchoolNet commission shall be
placed in the unclassified service. The commission shall fix the
compensation
of the executive director. The executive director
shall employ and fix the
compensation for such employees as
necessary
to facilitate the activities and purposes of the
commission. The
employees shall serve at the pleasure of the
executive director.
(3) The employees of the Ohio SchoolNet
commission shall be
exempt
from Chapter 4117. of the Revised Code and shall
not be
public employees as defined in section 4117.01 of the Revised
Code.
(D) The Ohio SchoolNet commission shall do all of the
following:
(1) Make grants to institutions and other organizations as
prescribed by the
general assembly for the provision of technical
assistance, professional
development, and other support services
to enable school districts,
community schools established under
Chapter 3314. of the Revised Code,
and other
educational
institutions to utilize educational technology;
(2) Contract with the department of education, state
institutions of
higher education, private nonprofit institutions
of higher education holding
certificates of authorization under
section 1713.02 of the Revised Code, and
such other public or
private entities as the
executive director
deems necessary for the
administration and implementation
of the
programs under the
commission's jurisdiction;
(3) Establish a reporting system to which school districts,
community schools established under Chapter 3314. of the Revised
Code,
and other
educational institutions receiving financial
assistance pursuant to this
section for the acquisition of
educational technology report information as to
the manner in
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being
utilized, the
results or outcome of this utilization, and other
information as may be
required by the commission;
(4) Establish necessary guidelines governing purchasing and
procurement by
participants in programs administered by the
commission
that facilitate the timely
and effective implementation
of such programs;
(5) Take into consideration the efficiency and cost
savings
of
statewide procurement prior to allocating and releasing funds
for any programs
under its administration.
(E)(1) The executive director shall
implement policies and
directives issued by the Ohio SchoolNet commission.
(2) The Ohio SchoolNet commission may establish a
systems
support network to facilitate the timely implementation of the
programs, projects, or activities for which it provides
assistance.
(3) Chapters 123., 124., 125., and 153., and sections 9.331,
9.332,
and 9.333 of the Revised Code do not apply to contracts,
programs, projects,
or activities of the Ohio SchoolNet
commission.
Sec. 3313.37. (A)(1) The board of education of any city,
local, or exempted
village school district may build, enlarge,
repair, and furnish the necessary schoolhouses, purchase or lease
sites therefor, or rights-of-way thereto, or purchase or lease
real estate to be used as playgrounds for children or rent
suitable schoolrooms, either within or without the district, and
provide the necessary apparatus and make all other necessary
provisions for the schools under its control.
The governing board
of any educational service center
may build, enlarge, repair, and
furnish the necessary facilities for
conducting
special education
programs and driver education courses, purchase
or lease sites
therefor, or rights-of-way thereto, or purchase
or
lease real
estate or rent suitable facilities to be used for such
purposes
and provide the necessary apparatus and make all other
necessary
provisions for such facilities as are under its
control.
(2) A governing board of an educational service center may
acquire, lease, or enter into a contract to purchase, lease, or
sell real and personal property and may construct, enlarge,
repair, renovate, furnish, or equip facilities, buildings, or
structures for the educational service center's purposes. The
board may enter into loan agreements, including mortgages, for the
acquisition of such property. If a governing board exercises any
of these powers to acquire office or classroom space, the board of
county commissioners has no obligation to provide and equip
offices and to provide heat, light, water, and janitorial services
for the use of the service center pursuant to section 3319.19 of
the Revised Code, unless there is a contract as provided by
division (D) of that section.
(3) A board of county commissioners may issue securities of
the county pursuant to Chapter 133. of the Revised Code for the
acquisition of real and personal property or for the construction,
enlargement, repair, or renovation of facilities, buildings, or
structures by an educational service center, but only if the
county has a contract under division (D) of section 3319.19 of the
Revised Code with the educational service center whereby the
educational service center agrees to pay the county an amount
equal to the debt charges on the issued securities on or before
the date those charges fall due. For the purposes of this
section,
"debt charges" and
"securities" have the same meanings as
in section 133.01 of the Revised Code.
(B)(1) Boards of education of city, local, and exempted
village school
districts
may acquire land by gift or
devise, by
purchase, or by appropriation. Lands purchased may be
purchased
for cash, by installment payments, with or without a
mortgage, by
entering into lease-purchase agreements, or by lease
with an
option to purchase, provided that if the purchase price
is to be
paid over a period of time, such payments shall not
extend for a
period of more than five years. A
special tax levy may be
authorized by the voters of the
school district in accordance with
section 5705.21 of the Revised Code to
provide a
special fund to
meet the future time payments.
(2) For the purposes of section 5705.21 of the Revised
Code,
acquisition of land under the provisions of this division
shall be
considered a necessary requirement of the school
district.
(3) Boards of education of city, local, and exempted
village
school districts may acquire federal land at a
discount by a
lease-purchase agreement for use as a site for the
construction of
educational facilities or for other related
purposes. External
administrative and other costs pertaining to
the acquisition of
federal land at a discount may be paid from
funds available to the
school district for operating purposes.
Such boards of education
may also acquire federal land by
lease-purchase agreements, by
negotiation, or otherwise.
(4) As used in this division:
(a)
"Office equipment" includes but is not limited to
typewriters, copying and duplicating equipment, and computer and
data processing equipment.
(b)
"Software for instructional purposes" includes
computer
programs usable for computer assisted instruction,
computer
managed instruction, drill and practice, and problem
simulations.
A board of education or governing board of an educational
service center may
acquire the necessary office
equipment, and
computer hardware and software for instructional
purposes, for the
schools under its control by purchase, by
lease, by installment
payments, by entering into lease-purchase
agreements, or by lease
with an option to purchase. In the case of
a city, exempted
village, or local school district, if the
purchase price is to be
paid over a period of time, the contract
setting forth the terms
of such purchase shall be considered a
continuing contract
pursuant to section 5705.41 of the Revised
Code. Payments shall
not extend for a period
of more
than five years. Costs relating
to the acquisition of necessary
apparatus may be paid from funds
available to the school district
or educational service center for
operating purposes.
(5) A board of education or governing board of an
educational
service center may acquire the necessary equipment for
the maintenance or physical upkeep of facilities and land under
its control by
entering into lease-purchase agreements. If
payments under the lease-purchase
agreement are to be made over a
period of time, the agreement shall be
considered a continuing
contract
pursuant to section 5705.41 of the Revised Code, and such
payments shall not extend for a period of more than five years.
Sec. 3313.608. (A) Beginning with students who enter fourth
grade in the
school year that starts July 1, 2001,
no city,
exempted village, or local school district shall
promote to fifth
grade any student who fails to attain the score
designated under
division (A)(1) of section 3301.0710 of the Revised
Code on the
test prescribed under that division to measure skill in reading,
unless either of the following applies:
(1) The pupil was excused from taking the test under
division
(C)(1) of section 3301.0711 of the Revised Code;
(2) The pupil's principal and reading teacher agree that
the
pupil is academically prepared, as determined pursuant to
the
district policy adopted under section 3313.609 of the
Revised
Code, to be promoted to fifth grade.
(B)(1) To assist students in meeting this fourth grade
guarantee
established by this section, each city, exempted
village, and local school
district shall adopt policies and
procedures with which it shall, beginning in
the school year that
starts July 1, 1998, annually assess
the reading skills of each
student at the end of
kindergarten, first, second,
and third grade
and identify students who are reading below
their grade level.
The
(2) The policy and procedures shall require the
students'
classroom teachers to be involved in the assessment and the
identification of students reading below grade level.
The
district shall notify the parent or guardian of each student
whose
reading skills are below grade level and, in accordance
with
division (C) of this section, provide intervention services to
each
student reading below grade level.
(2) For each student identified as reading below grade
level
at the end of third grade, the district shall offer
intense
remediation services during the summer following third
grade.
(3) For each student entering fourth grade after July 1,
2001,
who does not attain by the end of the fourth grade the score
designated under division (A)(1) of section 3301.0710 of
the
Revised Code on the test prescribed
under that division to measure
skill in reading, the district
also shall offer
intense
remediation
intervention services, and another
opportunity to take
that test, during the summer following
fourth grade.
(C) For each student
required to be offered
remediation
intervention services under this section,
the district shall
involve the student's parent or guardian and
classroom teacher in
developing the intervention strategy, and
shall offer to the
parent or guardian the opportunity to be
involved in the
intervention services.
(D) Beginning in the summer of 1999, in addition to the
remediation
intervention requirements of divisions (B) and (C) of
this
section, every city, exempted village, or local school
district shall offer
intervention services during the
summer
remediation
and, if needed, during the following school year to
any student who has failed to attain the designated
scores on
three or more of the five tests described by division
(A)(1) or
(2) of section 3301.0710 of the Revised Code.
(E) Any
summer remediation
intervention services funded in
whole or
in part by the state and offered by school districts to
students under this
section shall meet the following conditions:
(1) The
remediation
intervention methods are based on
reliable educational
research.
(2) The school districts
conduct testing before and after
assess students
participate in the program to facilitate
monitoring results of the
remediation
who receive the intervention
services.
(3) The parents of participating students are involved in
programming
decisions.
(4) The services are conducted in a school building or
community
center and not on an at-home basis.
Sec. 3314.08. (A) As used in this section:
(1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code.
(3)
"IEP" means an
individualized education program as
defined in section 3323.01 of
the Revised Code.
(4)
"Applicable weight" means:
(a) For a student receiving special education and related
services pursuant to an IEP for a handicap described in division
(A) of section 3317.013 of the Revised Code, the
multiple
specified in that division;
(b) For a student receiving special education and related
services pursuant to an IEP for a handicap described in division
(B) of section 3317.013 or division (F)(3) of
section 3317.02 of
the Revised Code, the multiple specified
in division (B) of
section 3317.013 of the Revised
Code.
(5)
"Total special education weight" means the sum of the
following:
(a) The number of students reported under division
(B)(2)(c)
of this section who are entitled to attend school in the
district,
are enrolled in grades one through twelve in a community school,
and
are receiving from their community school special education
and related
services pursuant to an IEP for a handicap described
in division
(A) of section 3317.013 of the Revised Code,
multiplied by the multiple specified in division (A) of section
3317.013 of the Revised Code;
(b) One-half the number of students reported under division
(B)(2)(c) of this section who
are entitled
to attend school in the
district, are enrolled in kindergarten in a community
school, and
are
receiving from their community school special education and
related
services pursuant to an IEP for a handicap described in
division (A) of section 3317.013 of the Revised
Code, multiplied
by the multiple specified in division (A) of section 3317.013 of
the Revised Code;
(c) The number of students reported under division
(B)(2)(c)
of this section who are entitled to attend school in the
district,
are enrolled in grades one through twelve in a community school,
and
are receiving from their community school special education
and related
services pursuant to an IEP for a handicap described
in division
(B) of section 3317.013 or division (F)(3) of
section
3317.02 of the Revised Code, multiplied by the
multiple
specified
in division (B) of section 3317.013 of the Revised
Code;
(d) One-half the number of students reported under division
(B)(2)(c) of this section who
are entitled
to attend school in the
district, are enrolled in kindergarten in a community
school, and
are
receiving from their community school special education and
related
services pursuant to an IEP for a handicap described in
division (B) of section 3317.013 or division (F)(3) of
section
3317.02 of the Revised Code, multiplied by the multiple
specified
in division (B) of section 3317.013 of the Revised
Code.
(6)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code.
(7)
"DPIA reduction factor" means the
percentage figure, if
any, for reducing the per pupil amount
of disadvantaged pupil
impact aid
a community school is entitled to receive pursuant to
divisions (D)(4) and (5) of this
section in any year,
as
specified
in the school's financial plan for the year pursuant to division
(A)(15) of section 3314.03 of the Revised Code.
(8)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both
of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of
students enrolled in grades one through
twelve and the number
of
students enrolled in kindergarten in the
school
who are not receiving special education and
related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related services
pursuant to
an IEP;
(c) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related services
pursuant to
an IEP for a handicap described in each of divisions
(A)
and
(B) of section 3317.013 and division (F)(3) of section
3317.02 of
the Revised Code;
(d) The number of
enrolled preschool handicapped students
receiving special education
services in a state-funded unit;
(e) The community
school's base formula amount;
(f) For each student, the
city, exempted village, or local
school district in which the
student is
entitled to attend school;
(g) Any DPIA reduction factor that applies to a
school year.
(C) From the payments made to a city, exempted village, or
local
school district under Chapter 3317. of the Revised Code and,
if necessary,
sections 321.14 and 323.156 of the Revised Code, the
department of education
shall annually subtract all of the
following:
(1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a) and (b) of this section who are
enrolled in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the base formula amount
of that community school
as adjusted by the school district's
cost-of-doing-business factor.
(2) The product of the
number of
district students reported
under division (B)(2)(c) of this section
as enrolled in grades one
through twelve, and one-half of the
number of district students
reported under that division
as enrolled in kindergarten, who are
receiving special education and related services pursuant to an
IEP in their respective community schools
for a handicap described
in division (A) or
(B) of section
3317.013 or division (F)(3) of
section 3317.02 of the
Revised Code, multiplied by the total
special
education weight times the community school's base formula
amount;
(3) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school and residing in the
district in a family
participating in Ohio works first under
Chapter 5107. of the
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that
year pursuant
to division (B) or (C) of section 3317.029 of
the
Revised
Code, as adjusted by any DPIA reduction factor of that
community
school. If the district receives
disadvantaged pupil
impact aid under division (B) of that section,
the per pupil
amount of that aid is the quotient of the amount the district
received under that division divided by the number of
children
ages five through seventeen residing in the district and living
in
a family participating in Ohio works first, as most
recently
reported under section 3317.10 of the Revised Code.
If
the
district receives disadvantaged pupil impact aid under division
(C) of section 3317.029 of the Revised Code, the
per pupil
amount
of that aid is the per pupil dollar amount prescribed for the
district in division (C)(1) or (2) of that section.
(4) An amount equal to the sum of the amounts obtained when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
DPIA
reduction factor of the community school, is
multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section.
(D) The department shall annually pay to a community school
established under
this chapter all of the following:
(1) An amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve, plus
one-half of the kindergarten students in the school,
reported
under
divisions (B)(2)(a) and (b) of
this
section who are not
receiving special education and related services pursuant
to an
IEP for a handicap described in division (A) or
(B) of section
3317.013 or division (F)(3) of section
3317.02 of the Revised Code
is
multiplied by the community school's base formula
amount, as
adjusted by the cost-of-doing-business factor of the school
district in which the student is
entitled to attend school;
(2) The greater of the following:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds;
(b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section:
(i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a handicap described in division (A) or (B)
of
section
3317.013 or division (F)(3) of section 3317.02 of the
Revised
Code, the following amount:
(the community school's base formula amount X thecost-of-doing-business factor of the district where the studentis entitled to attend school) + (the applicable weightX the community school's base formula amount);(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
handicap
described in division (A) or (B) of section
3317.013 or
division
(F)(3) of section 3317.02 of the Revised
Code, one-half
of the
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section.
(3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction.
(4) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school and participating in
Ohio
works
first is multiplied by the per pupil amount of disadvantaged
pupil
impact
aid that school district receives that year pursuant to
division (B) or (C) of
section 3317.029 of the Revised Code, as
adjusted by
any DPIA reduction factor of the community school.
The
per pupil
amount of
aid shall be determined as described in
division (C)(3) of this
section.
(5) An amount equal to the sum of the amounts obtained when,
for
each school district where the community school's students are
entitled to attend school, the district's per pupil amount of aid
received under division (E) of section 3317.029 of the
Revised
Code, as adjusted by any DPIA
reduction factor of the community
school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(4) of this section.
(E) If a community school's costs for a fiscal year for a
student
receiving special education and related services pursuant
to an
IEP for a handicap
described in
section 3317.013 or division
(F)(3) of section 3317.02 of the
Revised
Code are twenty-five
thousand dollars or more, the school may submit
to the
superintendent of public instruction documentation, as
prescribed
by the superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
community
school an amount equal to the school's costs
for the student in
excess of twenty-five thousand dollars.
The community school shall only report, and the department
shall
only pay for, the costs of educational expenses and the
related
services provided to the student in accordance with the
student's
individualized education program. Any legal fees, court
costs, or
other costs associated with any cause of action relating
to the
student may not be included in the amount.
(F) A community school may apply to the department of
education for
preschool handicapped or gifted unit funding the
school would receive if it were a school district. Upon request
of its
governing authority, a community school that received
unit
funding as a school district-operated school before it became a
community
school shall retain any units awarded to it as a school
district-operated
school provided the school continues to meet
eligibility standards for the
unit.
A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the receipt
of any portion of the
payments to be received by the school
pursuant to division (D) of this
section. The school may issue
notes to evidence such borrowing to mature no
later than the end
of the fiscal year in which such money was borrowed. The
proceeds
of the notes shall be used only for the purposes for which the
anticipated receipts may be lawfully expended by the school.
(K) For purposes of determining the
number of students for
which divisions
(D)(4) and (5) of this section applies in
any
school year, a community school may submit to
the department of
job and family services, no
later than the first day of
March, a
list of the students enrolled in the
school. For each student on
the list, the community school shall indicate the
student's name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under this
division, the department
of
job and family services
shall determine,
for each school district where one or more
students on the list is entitled
to attend school,
the
number
of
students residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student.
(L) The department of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. For purposes of this
section, a
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code.
(M) The department of education shall reduce the amounts
paid
under division (D) of this section to reflect payments made
to
colleges under division (B) of section 3365.07 of the Revised
Code.
Sec. 3317.012. (A)(1) The general assembly,
having analyzed
school district expenditure and cost data for fiscal year
1996
1999, performed the calculation described in division
(B) of this
section,
and adjusted the results for inflation,
and added the
amounts described in division (A)(2) of this section, hereby
determines that the
base cost of an adequate education per pupil
for the fiscal year beginning
July 1,
1998
2001, is
$4,063
$4,909.
For
the five following fiscal years,
the base cost per pupil for
each of
those years, reflecting an annual rate of inflation of two
and eight-tenths
per cent, is
$4,177
$5,047 for fiscal year
2000
2003,
$4,294
$5,189 for fiscal year
2001
2004,
$4,414
$5,335
for
fiscal year
2002
2005,
$4,538
$5,484 for fiscal year
2003
2006,
and
$4,665
$5,638 for fiscal year
2004
2007.
(2) The base cost per pupil amounts specified in division
(A)(1) of this section include amounts to reflect the cost to
school districts of increasing the minimum number of high school
academic units required for graduation beginning September 15,
2001, under section 3313.603 of the Revised Code. These amounts
were added after the calculation described in division (B) of this
section and the adjustments for inflation. The per pupil amounts
included for this purpose in the base cost specified in division
(A)(1) of this section are: $24 for fiscal year 2002, $25 for
fiscal year 2003, $26 for fiscal year 2004, $27 for fiscal year
2005, $28 for fiscal year 2006, and $29 for fiscal year 2007.
(B) In
determining the base cost stated in division (A) of
this section,
capital and debt costs,
costs paid for by federal
funds, and costs covered by funds
provided
pursuant to sections
3317.023 and 3317.024 of the Revised Code as they existed prior
to
July 1, 1998, for disadvantaged pupil impact aid
and
transportation were excluded, as were the effects on the
districts' state
funds of the application of the
cost-of-doing-business factors, assuming an
eighteen per cent
variance.
The base cost for fiscal year
1996
1999 was calculated as the
unweighted average
cost per student, on a school district basis,
of educating students who were
not receiving vocational education
or services pursuant to
Chapter 3323. of the
Revised
Code and who
were enrolled in a
city, exempted village, or local school
district that in
fiscal year
1994
1999 met all of the following
criteria:
(1) The district met at least
all but one
twenty of the
following
twenty-seven performance
standards:
(a) A
three
ninety per cent or
lower dropout
higher
graduation rate;
(b) At least seventy-five per cent of fourth graders
proficient on the mathematics test prescribed under division
(A)(1)
of section 3301.0710 of the Revised Code;
(c) At least seventy-five per cent of fourth graders
proficient on the reading test prescribed under division (A)(1) of
section 3301.0710 of the Revised Code;
(d) At least seventy-five per cent of fourth graders
proficient on the writing test prescribed under division (A)(1) of
section 3301.0710 of the Revised Code;
(e) At least seventy-five per cent of fourth graders
proficient on the citizenship test prescribed under division
(A)(1)
of section 3301.0710 of the Revised Code;
(f)
At least seventy-five per cent of fourth graders
proficient on the science test prescribed under division (A)(1) of
section 3301.0710 of the Revised Code;
(g) At least seventy-five per cent of sixth graders
proficient on the mathematics test prescribed under division
(A)(2) of section 3301.0710 of the Revised Code;
(h) At least seventy-five per cent of sixth graders
proficient on the reading test prescribed under division (A)(2) of
section 3301.0710 of the Revised Code;
(i) At least seventy-five per cent of sixth graders
proficient on the writing test prescribed under division (A)(2) of
section 3301.0710 of the Revised Code;
(j) At least seventy-five per cent of sixth graders
proficient on the citizenship test prescribed under division
(A)(2) of section 3301.0710 of the Revised Code;
(k) At least seventy-five per cent of sixth graders
proficient on the science test prescribed under division (A)(2) of
section 3301.0710 of the Revised Code;
(l) At least seventy-five per cent of ninth graders
proficient on the mathematics test prescribed under
former
division
(B) of section 3301.0710 of the Revised Code
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(g)(m) At least seventy-five per cent of ninth graders
proficient on the reading test prescribed under
former division
(B)
of section 3301.0710 of the Revised Code
Section 4 of Am. Sub.
S.B. 55 of the 122nd general assembly;
(h)(n) At least seventy-five per cent of ninth graders
proficient on the writing test prescribed under
former division
(B)
of section 3301.0710 of the Revised Code
Section 4 of Am. Sub.
S.B. 55 of the 122nd general assembly;
(i)(o) At least seventy-five per cent of ninth graders
proficient on the citizenship test prescribed
under
former
division
(B) of section 3301.0710 of the Revised Code
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(j)(p) At least seventy-five per cent of ninth graders
proficient on the science test prescribed under Section 4 of Am.
Sub. S.B. 55 of the 122nd general assembly;
(q) At least eighty-five per cent of tenth graders proficient
on the mathematics test prescribed under
former division (B) of
section
3301.0710 of the Revised Code
Section 4 of Am. Sub. S.B.
55 of the 122nd general assembly;
(k)(r) At least eighty-five per cent of tenth graders
proficient
on the reading test prescribed under
former division
(B) of section
3301.0710 of the Revised Code
Section 4 of Am. Sub.
S.B. 55 of the 122nd general assembly;
(l)(s) At least eighty-five per cent of tenth graders
proficient
on the writing test prescribed under
former division
(B) of section
3301.0710 of the Revised Code
Section 4 of Am. Sub.
S.B. 55 of the 122nd general assembly;
(m)(t) At least eighty-five per cent of tenth graders
proficient
on the citizenship test prescribed under
former
division (B) of
section 3301.0710 of the Revised Code
Section 4 of
Am. Sub. S.B. 55 of the 122nd general assembly;
(n)(u) At least eighty-five per cent of tenth graders
proficient on the science test prescribed under Section 4 of Am.
Sub. S.B. 55 of the 122nd general assembly;
(v) At least sixty per cent of twelfth graders proficient
on
the mathematics test prescribed under division (A)(3) of section
3301.0710 of the Revised Code;
(o)(w) At least sixty per cent of twelfth graders proficient
on the reading test prescribed under division (A)(3) of section
3301.0710 of the Revised Code;
(p)(x) At least sixty per cent of twelfth graders proficient
on the writing test prescribed under division (A)(3) of section
3301.0710 of the Revised Code;
(q)(y) At least sixty per cent of twelfth graders proficient
on the citizenship test prescribed under division (A)(3) of
section
3301.0710 of the Revised Code;
(r)(z) At least sixty per cent of twelfth graders proficient
on the science test prescribed under division (A)(3) of section
3301.0710 of the Revised Code;
(aa) An attendance rate for the
year of at least
ninety-three per cent as defined in
section 3302.01 of the
Revised
Code.
(2)
The district provided an average pupil-to-teacher ratio
in kindergarten through twelfth grade not exceeding twenty-one to
one;
(3) At least eighty per cent of the district's teachers had
at least five years of experience;
(4) The district offered at least one advanced placement
course;
(5) The district was not among the
ten
five per cent of all
districts with the highest income factors, as defined in section
3317.02 of the Revised
Code, nor among the
ten
five per
cent of
all
districts with the lowest income factors.
(3)(6) The district was not among the five per cent of all
districts with the highest valuation per pupil
in ADM, as reported
under division (A) of section 3317.03 of the Revised
Code as it
existed prior to July 1, 1998, nor among the
five per cent of all
districts with the lowest valuation per
pupil.
(C) In July of
2000
2005, and in July of every six
years
thereafter, the speaker of the house of representatives and the
president of the senate shall each appoint three members to a
committee to reexamine the cost of an adequate education. No
more
than two members from any political party shall represent
each
house. The director of budget and management and the
superintendent of public instruction shall serve as nonvoting ex
officio members of the committee.
The committee shall select a rational methodology for
calculating the costs of an adequate education system for the
ensuing six-year period, and shall report the methodology and
the
resulting costs to the general assembly. In
performing its
function, the committee is not bound by any
method used by
previous general assemblies to examine and
calculate costs and
instead may utilize any rational method it
deems suitable and
reasonable given the educational needs and
requirements of the
state at that time.
The methodology for determining the cost of an adequate
education system shall take into account the basic
educational
costs that all districts incur in educating regular
students, the
unique needs of special categories of students,
and significant
special conditions encountered by certain
classifications of
school districts.
Any committee appointed pursuant to this section shall
make
its report to the office of budget and management and the
general
assembly within
six months
one year of its appointment
so that the
information is available for use by the office and the general
assembly in preparing the next biennial appropriations
act.
Sec. 3317.013. This section does not apply to
handicapped
preschool students.
Analysis of special education cost data has resulted in a
finding that the average special education additional
cost per
pupil, including
the costs of related services, can be expressed
as a multiple of the base cost
per pupil
calculated under section
3317.012 of the Revised Code. The
multiples for the following
categories of special education
programs, as these programs are
defined for purposes of Chapter
3323. of the Revised Code, are as
follows:
(A) A multiple of 0.22 for students identified as
specific
learning disabled, other health handicapped, or developmentally
handicapped, as these terms are defined pursuant to Chapter 3323.
of
the Revised Code;
(B) A multiple of 3.01 for students identified as hearing
handicapped, orthopedically handicapped, vision impaired,
multihandicapped,
and severe behavior handicapped, as these terms
are defined pursuant to
Chapter 3323. of the Revised Code.
Further analysis indicates that approximately one-eighth of
the total costs
of serving special education students consists of
the furnishing of the
related services specified in division
(B)(3)(4) of section 3317.022 of the
Revised Code.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in section 3317.012 of the
Revised Code, except that to
allow for the orderly phase-in
of the increased funding specified
in that section, the formula amount
for fiscal year
1999
2002
shall be
$3,851
$4,490,
and the formula
amount for fiscal year
2000
2003 shall be
$4,052
$4,670, the formula amount for fiscal
year
2004 shall be $4,926, and the formula amount for fiscal year
2005
shall be $5,197. Thereafter, the
formula amount shall be as
specified in that section.
The formula amounts phased in for
fiscal years 2002 through 2005 include, for the increased
graduation requirements of section 3313.603 of the Revised Code,
$24 for fiscal year 2002, $25 for fiscal year 2003, $26 for fiscal
year 2004, and $27 for fiscal year 2005.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two, or three
special
education ADM or in category one or two vocational
education
ADM in the same proportion the student is counted in
formula ADM.
(D)(1)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the number reported pursuant to
division
(A) of section 3317.03 of the Revised Code, and for a joint
vocational school district, the number reported pursuant to
division
(D) of that section.
(2)
"Three-year average formula ADM" means the average of
formula ADMs for the
current and preceding two fiscal years.
However, as applicable in
fiscal years 1999 and 2000, the
three-year average for city, local, and
exempted village school
districts shall be determined utilizing the
FY 1997 ADM or FY 1998
ADM in lieu of
formula ADM for fiscal year 1997 or 1998. In
fiscal years 2000
and 2001, the three-year average for joint
vocational school districts shall
be determined utilizing the
average daily membership reported in fiscal years
1998 and 1999
under division (D) of section 3317.03 of the Revised Code in lieu
of
formula ADM for fiscal years 1998 and 1999.
(E)
"FY 1997 ADM" or
"FY 1998 ADM" means the school
district's
average daily membership reported for the applicable
fiscal year
under the version of division (A) of section 3317.03
of the
Revised Code in effect during that
fiscal year, adjusted as
follows:
(1) Minus the average daily membership of
handicapped
preschool children;
(2) Minus one-half of the average daily
membership attending
kindergarten;
(3) Minus three-fourths of the
average daily membership
attending a joint vocational school
district;
(4) Plus the average daily membership entitled under
section
3313.64 or 3313.65 of the Revised
Code to attend school in the
district but receiving educational services in
approved units from
an educational
service center or another school district under a
compact or a
cooperative education agreement, as determined by the
department;
(5) Minus the average daily membership receiving educational
services from the district in approved units but entitled under
section
3313.64 or 3313.65 of the Revised Code to attend school in
another school
district, as determined by the department.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of handicapped children receiving
special
education services for those handicaps
specified in division (A)
of section 3317.013 of the
Revised Code and reported under
division (B)(5) or
(D)(2)(b) of section 3317.03 of the Revised
Code.
(2)
"Category two
special education ADM" means
the average
daily membership of handicapped children receiving
special
education services for those handicaps specified in
division (B)
of section 3317.013 of the Revised Code and reported under
division (B)(6) or (D)(2)(c) of section 3317.03 of
the Revised
Code.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for students identified as autistic, having traumatic brain
injuries, or as both visually and hearing disabled as these terms
are defined
pursuant to Chapter 3323. of the Revised Code, and
reported under division
(B)(7) or (D)(2)(d) of section 3317.03 of
the Revised Code.
(4)
"Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(8) or
(D)(2)(e)
of
section 3317.03 of the Revised Code.
(5)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(9) or
(D)(2)(f) of
section
3317.03 of the Revised Code.
(G)
"Handicapped preschool child" means a
handicapped child,
as defined in section 3323.01 of the
Revised Code, who is at least
age three
but is not of compulsory school age, as defined in
section
3321.01 of the Revised Code, and who is not currently
enrolled in
kindergarten.
(H)
"County MR/DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(10) of section 3317.03 of the Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N)(1)
"Cost-of-doing-business factor" means the amount
indicated in this division for the county in which a city,
local,
exempted village, or joint vocational school district is located,
adjusted in accordance with division (N)(2) of
this section. If a
city, local, or exempted village school
district is located in
more than one county,
the factor is the amount indicated for the
county to which the
district is assigned by the state department
of education. If a joint
vocational school district is located in
more than one county, the factor is
the amount indicated for the
county in which the joint vocational school with
the greatest
formula ADM operated by the district is
located.
| | COST-OF-DOING-BUSINESS |
| COUNTY | FACTOR AMOUNT |
| Adams |
1.0074
1.0061 |
| Allen |
1.0217
1.0236 |
| Ashland |
1.0322
1.0331 |
| Ashtabula |
1.0480
1.0431 |
| Athens |
1.0046
1.0038 |
| Auglaize |
1.0255
1.0272 |
| Belmont |
1.0078
1.0043 |
| Brown |
1.0194
1.0207 |
| Butler |
1.0650
1.0663 |
| Carroll |
1.0166
1.0148 |
| Champaign |
1.0292
1.0413 |
| Clark |
1.0462
1.0443 |
| Clermont |
1.0510
1.0532 |
| Clinton |
1.0293
1.0296 |
| Columbiana |
1.0300
1.0262 |
| Coshocton |
1.0205
1.0200 |
| Crawford |
1.0152
1.0140 |
| Cuyahoga |
1.0697
1.0672 |
| Darke |
1.0340
1.0343 |
| Defiance |
1.0177
1.0165 |
| Delaware |
1.0339
1.0479 |
| Erie |
1.0391
1.0372 |
| Fairfield |
1.0358
1.0354 |
| Fayette |
1.0266
1.0258 |
| Franklin |
1.0389
1.0519 |
| Fulton |
1.0355
1.0361 |
| Gallia | 1.0000 |
| Geauga |
1.0568
1.0528 |
| Greene |
1.0406
1.0407 |
| Guernsey |
1.0072
1.0064 |
| Hamilton | 1.0750 |
| Hancock |
1.0224
1.0215 |
| Hardin |
1.0219
1.0348 |
| Harrison |
1.0098
1.0081 |
| Henry |
1.0347
1.0338 |
| Highland |
1.0139
1.0129 |
| Hocking |
1.0149
1.0151 |
| Holmes |
1.0237
1.0238 |
| Huron |
1.0317
1.0305 |
| Jackson |
1.0132
1.0118 |
| Jefferson |
1.0084
1.0067 |
| Knox |
1.0251
1.0258 |
| Lake |
1.0596
1.0556 |
| Lawrence |
1.0128
1.0122 |
| Licking |
1.0381
1.0375 |
| Logan |
1.0188
1.0362 |
| Lorain |
1.0535
1.0521 |
| Lucas |
1.0413
1.0406 |
| Madison |
1.0342
1.0437 |
| Mahoning |
1.0426
1.0384 |
| Marion |
1.0121
1.0263 |
| Medina |
1.0608
1.0595 |
| Meigs |
1.0031
1.0018 |
| Mercer |
1.0177
1.0199 |
| Miami |
1.0425
1.0415 |
| Monroe |
1.0118
1.0097 |
| Montgomery |
1.0482
1.0476 |
| Morgan |
1.0140
1.0128 |
| Morrow |
1.0268
1.0276 |
| Muskingum |
1.0167
1.0145 |
| Noble |
1.0129
1.0103 |
| Ottawa |
1.0510
1.0468 |
| Paulding |
1.0156
1.0140 |
| Perry |
1.0175
1.0154 |
| Pickaway |
1.0338
1.0326 |
| Pike |
1.0103
1.0094 |
| Portage |
1.0556
1.0516 |
| Preble |
1.0486
1.0476 |
| Putnam |
1.0253
1.0243 |
| Richland |
1.0205
1.0213 |
| Ross |
1.0089
1.0085 |
| Sandusky |
1.0336
1.0307 |
| Scioto | 1.0044
1.0029 |
| Seneca | 1.0240
1.0223 |
| Shelby | 1.0257
1.0263 |
| Stark | 1.0313
1.0300 |
| Summit | 1.0616
1.0598 |
| Trumbull | 1.0425
1.0381 |
| Tuscarawas | 1.0099
1.0097 |
| Union |
1.0330
1.0446 |
| Van Wert | 1.0126
1.0133 |
| Vinton | 1.0068
1.0070 |
| Warren | 1.0651
1.0659 |
| Washington | 1.0110
1.0075 |
| Wayne | 1.0406
1.0404 |
| Williams | 1.0268
1.0284 |
| Wood | 1.0405
1.0382 |
| Wyandot | 1.0191
1.0188 |
(2) As used in this division,
"multiplier" means the number
for
the corresponding fiscal year as follows:
| FISCAL YEAR OF THE | | |
| COMPUTATION | | MULTIPLIER |
| 1998 | | 9.6/7.5 |
| 1999 | | 11.0/7.5 |
| 2000 | | 12.4/7.5 |
| 2001 | | 13.8/7.5 |
| 2002 | | 15.2/7.5 |
| 2003 | | 16.6/7.5 |
| 2004 and thereafter | | 18.0/7.5 |
Beginning in fiscal year 1998, the department shall
annually
adjust the
cost-of-doing-business factor for each county in
accordance with the following
formula:
[(The cost-of-doing-business factor specified underdivision (N)(1) of this section - 1) X (the multiplierfor the fiscal year of the calculation)] + 1The result of such formula shall be the adjusted
cost-of-doing-business
factor for that fiscal year.
(O)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(P)
"Potential value" of a school district means the
adjusted
total
taxable value of a school district plus the tax
exempt value
of
the district.
(Q)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or before the
first
day of July of each year, the tax commissioner shall certify
to the
department of education for each city, exempted village,
and local school
district the median Ohio adjusted gross income of
the residents of
the school district determined on the basis of
tax returns filed for the
second preceding tax year by the
residents of the district.
(R)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(S)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(T) Except as provided in division (B)(3)(6) of
section
3317.012 of the Revised Code,
"valuation per pupil" for a city,
exempted village, or
local school district means the district's
recognized valuation divided by
the greater of the district's
formula ADM or three-year average
formula ADM.
(U) Except as provided in section 3317.0213
of the Revised
Code,
"adjusted valuation per pupil"
means the amount calculated
in accordance with the following formula:
District valuation per pupil - [$60,000 X(1 - district income factor)]If the result of such formula is negative, the adjusted
valuation per
pupil shall be zero.
(V)
"Income adjusted valuation" means the product obtained
by
multiplying the school district's adjusted valuation per pupil
by
the
greater
of the district's
formula ADM or three-year average
formula ADM.
(W) Except as provided in division (A)(2) of
section
3317.022 of the Revised Code,
"adjusted total taxable value" means
one
of the following:
(1) In any fiscal year that a school district's income
factor is less
than or
equal to one, the amount calculated under
the following formula:
(Income adjusted valuation X multiple) +[recognized valuation X
(1-multiple)]Where
"multiple" means the number for the corresponding
fiscal year as
follows:
| FISCAL YEAR OF THE | | |
| COMPUTATION | | MULTIPLE |
| 2000 | | 1/5 |
| 2001 and thereafter | | 4/15 |
(2) In fiscal year 1999, if a school
district's income
factor is greater than
one, the amount calculated under the
following
formula:
(Income adjusted valuation X 1/15)+ (recognized valuation X 14/15)
Thereafter, the adjusted total taxable value of a district
with an income
factor greater than one shall be its recognized
valuation.
Sec. 3317.022. (A)(1) The department of education shall
compute
and distribute state base cost funding to
each school
district for the fiscal year in accordance with the
following
formula, using adjusted total
taxable value as defined in section
3317.02 of the Revised Code or
division (A)(2) of this section and
the
information obtained under section 3317.021 of the Revised
Code in
the calendar year in which the fiscal year begins.
Compute the following for each eligible district:
[cost-of-doing-business factor Xthe formula amount X (the greater of formula ADMor three-year average formula ADM)] -(.023 X adjusted total taxable value)
If the difference obtained is a negative number, the
district's computation shall be zero.
(2)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(2)(a) of
this section applies, the adjusted total taxable value used in
the
calculation under division (A)(1) of this section shall be the
adjusted total taxable value modified by subtracting the amount
calculated under division (A)(2)(a) of this section.
(B) As used in this section:
(1) The
"total special education weight" for a district
means the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified under division
(A) of section
3317.013 of the Revised Code;
(b) The sum of the district's category two and category
three
special education ADMs multiplied by the
multiple specified
under division
(B) of section 3317.013 of the Revised Code.
(2)
"State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
Cost-of-doing-business factor Xthe formula amount X (the greater of formulaADM or three-year average formula ADM)The resultant number is the district's state share
percentage.
(3)
"Adjusted state share percentage" means:
(a) For fiscal years prior to fiscal year 2003, the same
percentage calculated under division (B)(2) of this section;
(b) Beginning in fiscal year 2003, the percentage calculated
under division (B)(2) of this section plus five percentage points.
Beginning in fiscal year 2003, no school district shall have
an adjusted state share percentage that is less than five per cent
or greater than one hundred per cent.
(4)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for handicapped children whose
handicaps are described
in division
(B) of section 3317.013 or division (F)(3) of section
3317.02 of the Revised Code, behavioral intervention,
interpreter
services, work study, nursing services, and
specialized
integrative services as those terms are defined by the department;
(b) Speech and language services provided to any
student
with a handicap, including any student whose primary or
only
handicap is a speech and language handicap;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.023 of the Revised Code;
(e) Any other related service needed by
handicapped children
in accordance with their individualized
education plans.
(4)(5) The
"total vocational education weight" for a
district means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
The district's
adjusted state share percentageX the formula amount for the yearfor which the aid is calculatedX the district's total special education weight(2) In any fiscal year, a school district receiving funds
under division (C)(1) of this
section shall spend on related
services the lesser of the
following:
(a) The amount the district spent on related
services in the
preceding fiscal year;
(b) 1/8 X {[cost-of-doing-business factor
X the formula
amount
X (the category one special education ADM + category two
special education ADM + category three special education
ADM)] +
the amount
calculated for the fiscal year under division
(C)(1) of
this section + the
local share of special education and related
services additional weighted
costs}.
(3) The local share of special education and related
services additional
weighted costs equals:
(1 - the district's
adjusted state share percentage) Xthe district's total special education weight Xthe formula amount
(4) The department shall compute and
pay in accordance with
this division additional state aid to
school districts for
students in category
one, two, or three special
education ADM. If
a district's
costs for the fiscal year for a student in its
category
one, two, or three
special education ADM are
twenty-five
thousand dollars or more, the district may submit to
the
superintendent of public instruction documentation, as
prescribed
by the superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to
the district an
amount equal to the
sum of the following:
(a) One-half of the district's costs for the student in
excess of twenty-five thousand dollars;
(b) The product of one-half of the district's costs for the
student in excess of twenty-five thousand dollars multiplied by
the district's
adjusted state share percentage.
The district shall only report, and the department shall only
pay
for, the costs of educational expenses and the related
services provided
to the student in accordance with the student's
individualized
education program. Any legal fees, court costs, or
other costs
associated with any cause of action relating to the
student may
not be included in the amount.
(5)(a) As used in this division, the
"personnel allowance"
means
twenty-five thousand dollars in fiscal year 2000 and thirty
thousand dollars
in fiscal
year 2001
years 2002 and 2003.
(b) For the provision of speech services to students and for
no
other purpose, the department of education shall pay each
school district an
amount calculated under the following formula:
(formula ADM divided by 2000) X the personnel
allowance X the
adjusted state share percentage
(6) In any fiscal year, a school district receiving funds
under
division (C)(1) of this section shall spend those funds only
for
the purposes that the department designates as approved for
special
education expenses.
(D)(1) As used in this division:
(a)
"Daily bus miles per student" equals the number of bus
miles
traveled per day, divided by transportation base.
(b)
"Transportation base" equals total student count as
defined
in section 3301.011 of the Revised Code, minus the number
of
students enrolled in preschool handicapped units, plus the
number
of nonpublic school students included in transportation
ADM.
(c)
"Transported student percentage" equals transportation
ADM divided by transportation base.
(d)
"Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by
transportation base.
(2) Analysis of student transportation cost data has
resulted in a
finding that an average efficient transportation use
cost per student
can be calculated by means of a regression
formula that has as its two
independent variables the number of
daily bus miles per student
and the transported student
percentage. For fiscal
year 1998 transportation cost data, the
average efficient
transportation use cost per student is expressed
as follows:
51.79027 + (139.62626 X daily bus miles per student) +
(116.25573 X transported student percentage)
The department of education shall annually determine the
average
efficient transportation use cost per student in
accordance with the
principles stated in division (D)(2) of this
section, updating the
intercept and regression coefficients of the
regression formula
modeled in this division, based on an annual
statewide analysis of
each school district's daily bus miles per
student, transported
student percentage, and transportation cost
per student data. The
department shall conduct the annual update
using data, including
daily bus miles per student, transported
student percentage, and
transportation cost per student data, from
the prior fiscal year.
The department shall notify the office of
budget and management of
such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this
section, each
district with a transported student
percentage greater than
zero shall receive a payment equal to a
percentage of the product of the district's transportation
base
from the prior fiscal year times the annually
updated average
efficient transportation use cost per student,
times an inflation
factor
of two and eight tenths per cent to account for the
one-year difference
between the data used in updating the
formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product
specified for the corresponding fiscal year:
| FISCAL YEAR | | PERCENTAGE |
| 2000 | | 52.5% |
| 2001 | | 55% |
| 2002 | | 57.5% |
| 2003 and thereafter | | 60% |
The payments made under division (D)(3) of this section each
year
shall be calculated based on all of the same prior year's
data used to update
the formula.
(4) In addition to funds paid under divisions (D)(2)
and (3)
of this section, a school district shall receive a
rough road
subsidy if
both of the following apply:
(a) Its county rough road percentage is higher than the
statewide
rough road percentage, as those terms are defined in
division
(D)(5) of this section;
(b) Its district student density is
lower than the statewide
student density, as those terms are defined in
that division.
(5) The rough road subsidy paid to each district meeting
the
qualifications of division (D)(4) of this section shall
be
calculated in accordance with the following formula:
(per rough mile subsidy X total rough road miles) X
density multiplier
(a)
"Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
0.75 - {0.75 X [(maximum rough road
percentage -county rough road percentage)/(maximum rough road percentage -
statewide rough road percentage)]}
(i)
"Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii)
"County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by
the department of transportation as
type A, B, C, E2,
or F in the
county in which the school district is located
or, if
the district is located in more than one county, the county
to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii)
"Statewide rough road percentage" means the percentage
of
the statewide total mileage of state, municipal, county, and
township roads
that is rated as type A, B, C, E2, or
F by the
department of transportation.
(b)
"Total rough road miles" means a school district's total
bus
miles traveled in one year times its county rough road
percentage.
(c)
"Density multiplier" means a figure calculated in
accordance
with the following formula:
1 - [(minimum student density - district student
density)/(minimum student density -
statewide student density)](i)
"Minimum student density" means the lowest district
student
density in the state.
(ii)
"District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii)
"Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square
miles in all school districts.
(6) In addition to funds paid under divisions
(D)(2) to (5)
of this section, each district
shall receive in accordance with
rules adopted by the state board of education
a payment for
students transported by
means other than board-owned or
contractor-operated buses and whose
transportation is not funded
under division (J) of section 3317.024
of the Revised Code. The
rules shall include
provisions for school district reporting of
such students.
(7) Notwithstanding divisions (D)(1) to (6) of this
section,
in fiscal year 2000 only, each school district shall receive the
greater of the total amount calculated for it under those
divisions and
division (J) of section 3317.024 of the Revised Code
or the total amount calculated
for it for types one through six
student transportation operating funds in
fiscal year 1999. For
purposes of division (D)(7) of this section,
the fiscal year 1999
guaranteed total amount does not include subsidies for
school bus
purchases.
(E)(1) The department shall compute and distribute state
vocational
education additional weighted costs funds to each
school district in
accordance with the following formula:
state share percentage X
the formula amount X
total vocational education weight
In any fiscal year, a school district receiving funds under
division (E)(1) of this section shall spend those funds only for
the purposes that the department designates as approved for
vocational
education expenses.
(2) The department shall compute for each school
district
state funds for vocational education associated services in
accordance with the following formula:
state share percentage X .05 X
the formula amount X the sum of categories one and two
vocational education ADM
In any fiscal year, a school district receiving funds under
division (E)(2) of this section, or through a transfer of funds
pursuant to division (L) of section 3317.023 of the Revised Code,
shall spend
those funds only for
the purposes that the department
designates as approved for vocational
education associated
services expenses, which may
include such purposes as
apprenticeship coordinators, coordinators for other
vocational
education services, vocational
evaluation, and other purposes
designated by the department. The
department may deny payment
under division (E)(2) of this section to
any district that the
department determines is not operating those services or
is using
funds paid under
division (E)(2) of this section, or through a
transfer of funds
pursuant to division (L) of section 3317.023 of
the Revised Code, for other
purposes.
In fiscal years 2000 and 2001, each school district shall
continue to offer the same number of the vocational education
programs that
the district offered in fiscal year 1999, unless the
department of
education expressly agrees that the district may
offer fewer programs in either fiscal year 2000 or
2001 or both.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the
Revised Code, the amounts required to be paid to a district
under
this chapter shall be adjusted by the amount
of the computations
made under divisions (B) to
(K)(L) of this
section.
(1)
"Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2)
"Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3)
"Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal
year for which the adjustment is made under division
(C) of this
section. It shall not include any salary payments for
supplemental teachers contracts.
(4)
"Regular student population" means the formula ADM
plus
the number of students reported as enrolled in the district
pursuant
to division (A)(1) of section 3313.981 of the Revised
Code;
minus the number of students reported under
division (A)(2)
of section 3317.03 of the Revised
Code; minus the FTE of students
reported under
division (B)(5), (6), (7), (8), or (9) of
that
section who are enrolled
in a vocational education class or
receiving special education;
and minus one-fourth of the students
enrolled concurrently in a joint
vocational school district.
(5)
"State share percentage"
has
and
"adjusted state share
percentage" have the same
meaning
meanings as in section
3317.022
of the Revised Code.
(6)
"VEPD" means a school district or group of school
districts
designated by the department of education as being
responsible for the
planning for and provision of vocational
education
services to students within the district or group.
(7)
"Lead district" means a school district, including a
joint
vocational school district, designated by the department as
a
VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts.
(B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in
the
regular student population in any school district, deduct the sum
of the amounts obtained
from the following computations:
(1) Divide the number of the district's full-time
equivalent
classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by seven hundred
fifty-two dollars.
(C) If a positive amount, add one-half of the amount
obtained by multiplying the number of full-time equivalent
classroom teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under
this section.
The number of full-time equivalent classroom teachers used
in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating
the
district's mean salary under
this division, those full-time
equivalent classroom teachers with
the highest training level
shall be counted first, those with the
next highest training level
second, and so on, in descending
order. Within the respective
training levels, teachers with the
highest years of service shall
be counted first, the next highest
years of service second, and so
on, in descending order.
(D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the
regular
student population:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted
village school district to which a governing board of
an
educational service center provides services
pursuant to section
3313.843 of the Revised
Code, deduct the amount of the payment
required for the
reimbursement of the governing board under
section 3317.11 of the Revised
Code.
(F)(1) If the district is required to pay to or entitled
to
receive tuition from another school district under division
(C)(2)
or (3) of section 3313.64 or section 3313.65 of the
Revised Code,
or if the superintendent of public instruction is
required to
determine the correct amount of tuition and make a
deduction or
credit under section 3317.08 of the Revised Code,
deduct and
credit such amounts as provided in division (I) of
section 3313.64
or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible
for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct
the amount of tuition
or payment for which the district is responsible.
(G) If the district has been certified by the
superintendent
of public instruction under section 3313.90 of the
Revised Code as
not in compliance with the requirements of that
section, deduct an
amount equal to ten per cent of the amount
computed for the
district under section 3317.022 of the Revised
Code.
(H) If the district has received a loan from a
commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to
such payments.
(I)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district
school board notifies the department in writing that it
wishes to
have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(1) of this section, add the
amount of
such payments.
(J) If the district is required to pay an amount of funds
to
a cooperative education district pursuant to a provision
described
by division (B)(4) of section 3311.52 or division
(B)(8) of
section 3311.521 of the Revised Code, deduct such
amounts as
provided under that provision and credit those amounts
to the
cooperative education district for payment to the district
under
division (B)(1) of section 3317.19 of the Revised Code.
(K)(1) If a district is educating a student entitled to
attend
school in another district pursuant to a shared education
contract, compact,
or cooperative education agreement other than
an agreement entered into
pursuant to section 3313.842 of the
Revised Code, credit to
that educating district on an FTE basis
both
all of the following:
(a) An amount equal to the formula amount times the cost of
doing
business factor of the school district where the student is
entitled to attend
school pursuant to section 3313.64 or 3313.65
of the Revised
Code;
(b)
An amount equal to the formula amount times the adjusted
state share percentage times any multiple applicable to the
student pursuant to section 3317.013 of the Revised Code;
(c) An amount equal to the formula amount times the state
share
percentage times any multiple applicable to the student
pursuant to section
3317.013 or 3317.014 of the Revised Code.
(2) Deduct any amount credited pursuant to division (K)(1)
of
this section from amounts paid to the school district in which
the student is
entitled to attend school pursuant to section
3313.64 or 3313.65 of the
Revised Code.
(3) If the district is required by a shared education
contract, compact,
or cooperative education agreement to make
payments to an educational service
center, deduct the amounts from
payments to the district and add them to the
amounts paid to the
service center pursuant to section 3317.11 of the Revised
Code.
(L)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the amounts calculated for all the school districts within that
VEPD pursuant to division (E)(2) of section
3317.022 of the
Revised Code.
(2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a
lead district under division (L)(1) of this section.
Sec. 3317.029. (A) As used in this section:
(1)
"DPIA percentage" means the quotient
obtained by
dividing
the five-year average number of children
ages five to
seventeen
residing in the school district and
living in a family
receiving
family assistance, as certified or adjusted
under
section 3317.10
of the Revised Code, by the district's
three-year
average formula
ADM.
(2)
"Family assistance" means assistance received under
the
Ohio works first program
or, for the purpose of determining the
five-year average number of
recipients of family assistance in
fiscal years 1999 through
2002, assistance received under an
antecedent program known as
TANF or ADC.
(3)
"Statewide DPIA
percentage" means the five-year average
of the total number of
children ages five to seventeen years
residing in the state and
receiving family assistance, divided by
the
sum of the three-year average formula ADMs
for all school
districts in the state.
(4)
"DPIA index"
means the quotient obtained by dividing the
school district's DPIA percentage
by the statewide DPIA
percentage.
(5)
"Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten.
(6)
"Kindergarten through third grade
ADM" means the amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three.
(7)
"Statewide average teacher salary" means
forty
forty-two
thousand
one
four hundred
eighty-seven
sixty-nine dollars in
fiscal year
2000
2002, and
forty-one
forty-three thousand
three
six hundred
twelve
fifty-eight dollars
in fiscal year
2001
2003,
which
includes an amount for the
value of fringe benefits.
(8)
"All-day kindergarten" means a
kindergarten class that
is
in session five days per week for not
less than the same number
of
clock hours each day as for pupils
in grades one through six.
(9)
"All-day kindergarten percentage" means the percentage
of
a
district's actual total number of students enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(10)
"Buildings with the highest concentration of need"
means
the school
buildings in a district with percentages of
students
receiving family
assistance in grades kindergarten
through three
at least as high as the
district-wide percentage of
students
receiving family assistance.
If, however, the
information
provided by the department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the family assistance percentage in each building,
"buildings with
the highest concentration of need" has the
meaning
given in rules
that the department of education shall
adopt. The
rules shall
base the definition of
"buildings with
the highest
concentration
of need" on family income of students in
grades
kindergarten
through three in a manner that, to the extent
possible
with
available data, approximates the intent of this
division
and
division (G) of this
section to designate buildings
where the
family assistance
percentage in those grades equals or
exceeds the
district-wide
family assistance percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code, a
school district shall
receive the greater of the amount the
district received in fiscal
year 1998 pursuant to division (B) of
section
3317.023 of the Revised Code as it
existed at that time or
the sum of the
computations made under divisions (C) to (E) of
this section.
(C) A supplemental payment that may be utilized for measures
related to safety and security and for remediation or similar
programs,
calculated as follows:
(1) If the DPIA index
of the school district is greater than
or equal to
thirty-five-hundredths, but less than one, an amount
obtained by
multiplying the five-year average number of pupils in
a
district receiving family assistance by two hundred thirty
dollars;
(2) If the DPIA index
of the school district is greater than
or equal to one,
an amount obtained by multiplying the
DPIA index
by two
hundred thirty dollars and multiplying that product by the
five-year average number of pupils in a district receiving
family
assistance.
Except as otherwise provided in division (F) of this section,
beginning with the school year that starts July 1, 2002, each
school district annually shall use at least twenty per cent of the
funds calculated for the district under this division for
intervention services required by section 3313.608 of the Revised
Code.
(D) A payment for all-day kindergarten if
any of the
following apply:
(1) For purposes of making payment in fiscal years prior to
fiscal year 2003, the
DPIA index of the school district is greater
than or equal to one
or if the;
(2) For purposes of making payment in fiscal year 2003 and
thereafter, the DPIA index of the school district is greater than
or equal to six-tenths;
(3) The district's three-year average formula ADM exceeded
seventeen thousand five hundred,;
(4) The district qualified for and received a payment for
all-day kindergarten under this division in a previous fiscal
year.
The payment under this division shall be calculated by
multiplying the all-day kindergarten percentage
by the
kindergarten ADM and multiplying that product by the formula
amount.
(E) A class-size
reduction payment based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
DPIA index of the school
district as follows:
(a) If the DPIA
index of the school district is less than
six-tenths, the
formula number of teachers is 43.478, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty-three to one;
(b) If the DPIA index of the school
district is greater than
or equal to six-tenths, but less than
two and one-half, the
formula number of teachers is calculated as
follows:
43.478 + {[(DPIA index-0.6)/
1.9] X 23.188}Where 43.478 is the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to one; 1.9
is
the interval from a DPIA
index of six-tenths to a
DPIA index of
two and
one-half; and 23.188 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty-three to
one.
(c) If the DPIA
index of the school district is greater than
or equal to
two and one-half, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
43.478, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty-three to one, and divide that
product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers salary.
(F) This division applies only to school districts whose
DPIA index is one or greater.
(1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage.
(2) Up to an amount equal to the district's DPIA index
multiplied by the five-year average number of pupils in a district
receiving
family assistance multiplied by two hundred thirty
dollars of the money
distributed under
this section may be
utilized for one or both of the
following:
(a) Programs designed to ensure that
schools are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(b) Remediation for students who have
failed or are in
danger of failing any of the proficiency tests
administered
pursuant to section 3301.0710 of the Revised Code.
Beginning with the school year that starts on July 1, 2002,
each school district shall use at least twenty per cent of the
funds set aside for the purposes of divisions (F)(2)(a) and (b) of
this section to provide intervention services required by section
3313.608 of the Revised Code.
(3) Except as otherwise required by division (G) or
permitted under division (K) of this section,
all other funds
distributed under this section to districts subject to
this
division shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals issued a permit or license under
section
3319.088 of the Revised Code;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(G) Each district subject to division
(F) of this section
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(F)(3) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(H)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its
all-day kindergarten percentage.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code and after consultation
with the
legislative office of education oversight, shall
determine for each school district subject to division (F) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (G) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education.
(I) Any school district with a DPIA index less than one
and
a three-year average formula
ADM exceeding seventeen
thousand five
hundred
that receives payment for all-day kindergarten under
division (D) of this section shall first utilize funds received
under
this section so that, when combined with other funds of the
district,
sufficient funds exist to provide all-day kindergarten
to at least the
number of children in the district's all-day
kindergarten
percentage. Such a district shall expend at least
seventy per
cent of the remaining funds received under this
section, and
any
every
other district with a DPIA
index less than
one shall expend at
least seventy per cent of all funds received
under this
section, for any of the following purposes:
(1) The purchase of technology for
instructional purposes;
(2) All-day kindergarten;
(3) Reduction of class sizes;
(4) Summer school remediation;
(5) Dropout prevention programs;
(6) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(7) Summer education and work programs;
(8) Adolescent pregnancy programs;
(9) Head start or preschool programs;
(10) Reading improvement programs described
by the
department of education;
(11) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(12) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(13) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
Each district shall submit to the department, in such format
and at such
time as the department shall specify, a report on the
programs for which it
expended funds under this division.
(J) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage
and the percentage actually enrolled in
all-day kindergarten.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(K)(1) A district may use a portion of the funds calculated
for
it under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (F)(3) of this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department.
Sec. 3317.0212. Divisions (B) and (C) of this section do
not
apply to a school district with a formula ADM of one
hundred fifty
or less.
(A) As used in this section:
(1)
"Fundamental FY 1997 state aid" or
"fundamental FY 1998
state aid" for a district means the total amount of state money
received by the district
for the applicable fiscal year as
reported on the
department of education's form
"SF-12," adjusted
as
follows:
(a) Minus the amount for transportation;
(b) Minus any amounts for approved preschool
handicapped
units;
(c) Minus any additional amount attributable to
the
reappraisal guarantee of division
(C) of section 3317.04 of the
Revised
Code;
(d) Plus the amount deducted for payments to an
educational
service center;
(e) Plus an estimated portion of the state money
distributed
in the applicable fiscal year to other school
districts or
educational service centers for approved units,
other than
preschool handicapped or gifted education units,
attributable to
the costs of providing services in those units
to students
entitled to attend school in the district;
(f) Minus an estimated portion of the state money
distributed to the school district in the applicable fiscal year
for approved units, other than preschool handicapped units or
gifted education units, attributable to the costs of providing
services in those units to students entitled to attend school in
another
school district;
(g) Plus any additional amount paid in the
applicable fiscal
year pursuant to the vocational education
recomputation required
by Section 45.12 of Amended Substitute House Bill No.
117 of the
121st general assembly or former Section 50.22 of Amended
Substitute House Bill No. 215 of the 122nd general assembly;
(h) Plus any additional amount paid in the
applicable fiscal
year pursuant to the special education
recomputation required by
former division (I) of section 3317.023 of the
Revised Code;
(i) Plus any amount paid for equity aid in the
applicable
fiscal year under section 3317.0213 of the
Revised
Code;
(j) Plus any amount received for the applicable fiscal year
pursuant to section 3317.027 of the
Revised Code;
(k) Plus any amount received for the applicable fiscal year
resulting from a recomputation made under division (B) of section
3317.022 of the Revised Code, as that section existed in the
applicable fiscal year.
(2)
"State basic aid" for a district for any fiscal year
after fiscal year 1999 means the sum of the following:
(a) The amount computed for the district for base cost
funding,
special education funding, and vocational
education
funding under divisions (A),
(C)(1) and (5), and (E) of
section
3317.022 and sections 3317.025 and 3317.027 of
the Revised Code
and DPIA aid under section 3317.029
of the Revised Code in the
current fiscal year
before any deduction or credit required by
division
(B), (D), (E), (F), (G), (H), (I), (J),
(K), or (L) of
section 3317.023 or division (J) of
section
3317.029 of the
Revised Code;
(b) Any amounts for which the district is eligible pursuant
to division (C)
of section 3317.023, divisions (G), (P), and
(R)
of section
3317.024, and the supplemental unit allowance paid for
gifted units
under division (B) of section
3317.162
3317.053 of
the
Revised Code;
(c) Any equity aid for which the district is
eligible under
section 3317.0213 of the Revised Code.
(3)
"Adjusted FY 1999 actual aid" has
the same meaning as in
Section 18 of Am. Sub.
H.B. 650 of the 122nd general
assembly, as
amended.
(4)
"Vocational education set-aside" means the up to
$24,193,118
earmarked
for additional school district vocational
education grants under appropriation
item 200-545, vocational
education enhancements, in Am. Sub.
H.B. 770 of the 122nd general
assembly.
(B) Upon request of the department of education, the
treasurer of any
school district or educational service center
shall furnish data needed to
calculate the amounts specified in
divisions (A)(1)(e)
and (f) of this section. The department shall
compute and pay the
state basic aid guarantee for each school
district for the
fiscal year as follows:
(1) Subtract the amount of state basic aid from the
amount
of fundamental FY 1998
state aid. If a negative number, this
computation shall be deemed to be
zero.
(2) Pay the district any
positive amount calculated under
division (B)(1) of this
section.
(C)
In fiscal year 2000, the
department shall calculate for
each district the
sum of the district's state basic aid for that
fiscal year, plus any amount
calculated under division
(B)(1) of
this section, plus the transportation portion of
state aid
computed for the district for that fiscal year under
division (D)
of the version of section
3317.022 of the Revised Code in effect
that fiscal year. If a district's adjusted
FY 1999 actual aid is
greater than that sum, then
the department shall pay the
district
in that fiscal year one hundred per cent of the
difference.
(D)(1) The state basic aid guarantee in any fiscal year for
a
school district with a formula ADM of one hundred fifty or less
shall
be the greatest of the following amounts:
(a) The district's state basic aid for the fiscal year;
(b) The district's fundamental FY 1998 state aid;
(c) The district's fundamental FY 1997 state aid.
(2) If in any fiscal year the state basic aid for a school
district with a
formula ADM of one hundred fifty or less is less
than the guarantee
amount determined for the district under
division
(D)(C)(1) of this
section, the department of education
shall pay the district the amount of the
difference.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM,
which shall consist of the average daily membership during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code.
(2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval by the state board of
education
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section,
are enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code, are enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code,
are enrolled in a
community school
established under Chapter 3314.
of the Revised
Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school,
or are participating in a
program operated by a county MR/DD board
or a state
institution;
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
category one special education
services, described in division (A)
of section 3317.013 of the
Revised Code;
(6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
category two special
education services, described in division
(B)
of section 3317.013 of the Revised Code;
(7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
identified
as having any of the handicaps specified in division
(F)(3) of
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center;
(9) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category two
vocational
education programs or services, described in division
(B) of section
3317.014 of the Revised Code, operated by the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center;
(10) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education;
(11)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive category one special
education services,
described in division (A) of
section 3317.013
of the Revised
Code;
(c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive category two special
education services,
described in division (B) of
section 3317.013
of the Revised
Code;
(d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive category three special
education
services, described in division
(F)(3) of section
3317.02 of the Revised Code.
(C) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to (9) of this section shall be based
upon the number of
full-time equivalent students. The state board of
education shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section. No child
shall be
counted as more than a total of one child in the
sum of
the average daily memberships of a
school district under division
(A), divisions
(B)(1) to (9), or division (D) of this
section,
except as follows:
(1) A child with a handicap described in section 3317.013 or
division
(F)(3) of section 3317.02 of the Revised Code may be
counted both in formula
ADM and in category one, two, or three
special education
ADM and, if applicable, in category one or two
vocational education
ADM. As provided in division (C) of section
3317.02 of the Revised Code,
such a child shall be counted in
category one, two, or three special education
ADM in the same
proportion that the child is counted in formula
ADM.
(2) A child enrolled in vocational education programs or
classes described
in section 3314.014 of the Revised Code may be
counted both in formula ADM and
category one or two vocational
education ADM and, if applicable, in
category one, two, or three
special education ADM. Such a child
shall be counted in category
one or two vocational education ADM in
the same proportion as the
percentage of time that the child spends in the
vocational
education programs or classes.
Based on the information reported
under this section, the
department of education shall determine the total
student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM, which shall
consist of
the average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the district,
except that the following categories
of students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Handicapped children receiving category one special
education services, described in division (A)
of section 3317.013
of the Revised Code;
(c) Handicapped children receiving category two special
education
services, described in
division (B) of section 3317.013
of the Revised Code;
(d) Handicapped children identified as having any of the
handicaps specified in division
(F)(3) of section 3317.02 of the
Revised Code;
(e) Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(f) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4)(b) of
this section elects to
enroll in special courses organized for
veterans for whom tuition is paid under the provisions of federal
laws, or otherwise, that veteran shall not be included in
average
daily membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education.
Except as provided in division (B)(2) of this section,
the
average daily membership figure of any local, city,
exempted
village, or joint vocational school district shall be
determined
by dividing
the figure representing the sum of the number of
pupils enrolled during each
day the school of attendance is
actually open for
instruction during the first full school week in
October by the total number
of days the school was actually open
for instruction during that
week. For purposes of state funding,
"enrolled" persons are only
those pupils who are attending school,
those who have attended
school during the current school year and
are absent for
authorized reasons, and those handicapped children
currently
receiving home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with
section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February.
(2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
state board of education
determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
board shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount
computed
in the manner prescribed in section
3317.161
3317.052 or 3317.19
and section
3317.162
3317.053 of the Revised Code.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education the average
daily
membership of all handicapped children in classes or
programs
approved annually by the state board of education, in the
manner prescribed
by the superintendent of public instruction.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved by the state
board of education
pursuant to section
3317.05 of the Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
and units
approved under division
(D)(1) of
under section
3317.05
3317.20 of
the Revised Code for each
school district that has placed children
in the classes
or units;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes.
(3)(a)
If during the first full school week in February the
average daily membership of the classes or units maintained by
the
county MR/DD board that are eligible for approval under
division
(D)(1) of section 3317.05
of the Revised Code is greater
than the
average daily membership for the preceding October, the
superintendent of the board shall make the certifications
required
by this section for such week.
(b) If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day.
(c)(b) If the state board determines that additional classes
or units can be
approved for the fiscal year within any
limitations set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
or (b) of this section, the board shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For each
unit so approved, the department of
education shall pay an amount
computed in the manner prescribed in
sections
3317.161
3317.052 and
3317.162
3317.053 of the Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974 through
3313.979 of the Revised Code
may count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
Sec. 3317.05. (A) For the purpose of calculating
payments
under sections
3317.161
3317.052 and
3317.162
3317.053 of the
Revised Code, the state board of
education shall determine for
each institution, by the last day of
January of each year and
based on information certified under
section 3317.03 of the
Revised Code, the number of
vocational education units or
fractions of units
approved by the state board on the basis of
standards
and rules adopted by the state board. As used in this
division,
"institution" means an institution operated by a
department specified in
section 3323.091 of the Revised Code and
that provides
vocational education programs under the supervision
of the
division of vocational education of the department of
education
that meet the standards and rules for these programs,
including
licensure of professional staff involved in the
programs, as
established by the state board of education.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
3317.161,
3317.162, and 3317.19 of
the
Revised Code, the state board shall
determine, based
on
information certified under section 3317.03 of the Revised
Code,
the following by the last day of January of each
year for each
educational
service center, for each school district, including
each
cooperative education school district, for each institution
eligible for payment under section 3323.091 of
the Revised Code,
and for each county MR/DD board: the number of
classes operated
by the school district, service center, institution, or
county
MR/DD board for
handicapped preschool
children, or fraction
thereof, including in the case of a district
or service center
that is a funding agent, classes taught by a
licensed teacher
employed by that district or service center under section
3313.841
of the Revised Code, approved annually by the state
board on the
basis of standards and rules adopted by
the state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
3317.161, 3317.162, and 3317.19 of
the
Revised
Code, the state board shall determine, based on
information certified
under section 3317.03 of the Revised
Code,
the following by the last
day of January of each year for
each
school district, including each cooperative education
school
district, for each institution eligible for payment under
section
3323.091 of the Revised Code, and for each county
MR/DD board:
the
number of
preschool handicapped related services units for
child
study,
occupational, physical, or speech and hearing
therapy,
special
education supervisors, and special education
coordinators
approved annually by the state board on the basis
of
standards and
rules adopted by the state board.
(D) For the purpose of
calculating payments under sections
3317.161
3317.052 and
3317.162
3317.053 of the
Revised Code, the
state board shall determine, based on
information certified under
section 3317.03 of the Revised
Code, the following by the last day
of January of each year for
each institution
eligible for payment
under section 3323.091 of the
Revised Code, and for each county
MR/DD board:
(1) The number of classes operated by an institution
or
county
MR/DD board for handicapped
children other than handicapped
preschool children, or fraction
thereof, approved annually by the
state board on
the basis of standards and rules adopted by the
state board;
(2) The number of related services units for children
other
than handicapped preschool children for child study,
occupational,
physical, or speech and hearing therapy, special
education
supervisors, and special education coordinators
approved annually
by the state board on the basis
of standards and rules adopted by
the state board.
(E) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually by the state board under this
section shall not exceed
the number of units included in the state
board's estimate of
cost for these units and
appropriations made
for them by the
general assembly.
In the case of units described in division
(D)(1) of this
section operated by
county MR/DD
boards and institutions
eligible
for payment under section 3323.091 of the Revised Code,
the state
board shall approve only units for persons
who are under age
twenty-two on the first day of the academic
year, but not less
than six years of age on the thirtieth day of
September of that
year, except that such a unit may
include one or more children who
are under six years of age on
the thirtieth day of September if
such children have been
admitted to the unit pursuant to rules of
the state
board. In the case of handicapped preschool units
described in division (B) of this section operated by
county MR/DD
boards and
institutions eligible for payment under section
3323.091 of the
Revised Code, the state board shall approve only
preschool units
for children who are under age six but not less
than age three on
the thirtieth day of September of the academic
year, except that
such a unit may include one or more children who
are under age
three or are age six or over on the thirtieth day of
September if
such children have been admitted to the unit pursuant
to rules of
the state board of education. The number of units for
county MR/DD
boards and institutions eligible
for payment under
section 3323.091 of the Revised Code approved
by the state board
under this section shall not exceed the number that
can be funded
with appropriations made for such purposes by the general
assembly.
No unit shall be approved under divisions (B)
to (D) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(F) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the board.
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and
3317.11
of the Revised Code, a unit funded pursuant to division
(P) of section 3317.024 or division (A)(2)
of section
3317.161
3317.052 of the Revised Code shall not be approved for
state
funding in one school
district, including any cooperative
education school district or any educational service
center, to
the extent that such unit provides programs in or services to
another district which receives payment pursuant to section
3317.04 of the
Revised Code.
(2) Any city, local, exempted village, or
cooperative
education school district or any
educational service center may
combine partial unit eligibility for
handicapped preschool
programs pursuant to
section 3317.05 of the Revised Code, and
such
combined partial units may be approved for state funding in one
school
district or service center.
(B) After units have been initially approved for any
fiscal
year under
section 3317.05 of the Revised Code, no unit shall be
subsequently
transferred
from a school district or educational
service center to another city,
exempted village, local, or
cooperative education school district or
educational
service
center or to an institution or
county MR/DD board solely for the
purpose of reducing the financial
obligations of the school
district in a fiscal year it receives payment
pursuant to section
3317.04 of the Revised Code.
Sec. 3317.161
3317.052. As used in this section,
"institution"
means an institution operated by a department
specified in section 3323.091
of the Revised Code.
(A)(1) The department of education
shall pay each school
district, educational service center,
institution eligible for
payment under section 3323.091 of the Revised Code,
or county
MR/DD board an amount for the total of
all classroom units for
handicapped preschool children approved under division
(B) of
section 3317.05 of the Revised Code. For each unit, the amount
shall be the sum of the minimum salary for the teacher of the
unit, calculated on the basis of the teacher's training level
and
years of experience pursuant to section 3317.13 of the
Revised
Code, plus fifteen per cent of that minimum salary
amount, and
eight thousand twenty-three dollars.
(2) The department shall pay each school district,
educational service
center, institution eligible for payment under
section 3323.091 of the Revised
Code, or county MR/DD board an
amount for the total
of all related services units for handicapped
preschool children approved
under division (C) of section 3317.05
of the Revised Code. For each such
unit, the amount shall be the
sum
of the minimum salary for the teacher of the unit calculated
on the basis of
the teacher's training level and years of
experience pursuant to section
3317.13 of the Revised Code,
fifteen per cent of that minimum salary amount,
and two thousand
one hundred thirty-two dollars.
(B) If a school district
or, educational service center
has
had additional handicapped preschool units approved for the
year
under division (F)(2) of section 3317.03 of the Revised
Code, or
if a county MR/DD board has had additional
handicapped preschool
units approved
for the year under division
(F)(2) or (G)(3) of
section
3317.03 of the Revised Code, the district, educational
service
center, or board shall receive an additional amount during
the
last half of the fiscal year. For each district, center, or
board, the
additional amount for each unit shall equal fifty per
cent of the
amounts computed for the unit in the manner prescribed
by
division (A) of this section and division (C) of section
3317.162
3317.053 of the Revised Code.
(C)(1) The department shall pay each institution eligible
for payment under
section 3323.091 of the Revised Code or
county
MR/DD board an amount for the
total of all special education units
approved under division
(D)(1) of section 3317.05 of the Revised
Code. The amount for each unit
shall be the sum of the minimum
salary for the teacher of the
unit, calculated on the basis of the
teacher's training level
and years of experience pursuant to
section 3317.13 of the Revised
Code, plus fifteen per cent of
that
minimum salary amount, and eight thousand twenty-three
dollars.
(2) The department shall pay each institution eligible for
payment under
section 3323.091 of the Revised Code
or county MR/DD
board an amount
for the total of all related services units
approved under division
(D)(2) of section 3317.05 of the Revised
Code. The amount for each unit
shall be the sum of the minimum
salary for the teacher of the
unit, calculated on the basis of the
teacher's training level
and years of experience pursuant to
section 3317.13 of the
Revised Code, plus fifteen per cent of
that
minimum salary amount, and two thousand one hundred
thirty-two
dollars.
(3) If a county MR/DD board has had additional units for
handicapped children other than handicapped
preschool children
approved under division (G)(3) of
section 3317.03 of the Revised
Code, the board shall receive
an additional amount during the last
half of the fiscal year.
For each board, the additional amount
for each unit shall equal
fifty per cent of the amount computed
for the unit in the manner
prescribed by division (C)(1) of this
section and division (C) of
section 3317.162 of the Revised Code.
(D) The department shall
pay each institution approved for
vocational education units
under division (A) of section 3317.05
of the Revised
Code an amount for the total of
all the units
approved under that division. The amount for each
unit shall be
the sum of the minimum salary for the teacher of
the unit,
calculated on the basis of the teacher's training
level and years
of experience pursuant to section 3317.13 of the
Revised Code,
plus fifteen per cent of
that minimum salary amount, and nine
thousand five hundred ten
dollars.
Sec. 3317.162
3317.053. (A) As used in this section:
(1)
"State share percentage" has the same meaning as in
section 3317.022
of the Revised Code.
(2)
"Dollar amount" means the amount shown in the following
table for the corresponding type of unit
and the appropriate
fiscal year:
| TYPE OF UNIT | | FY 2000 | | FY 2001 |
| Division (B) of section 3317.05 of the Revised Code | | $8,334 | | $8,334 |
| Division (C) of that section | | $3,234 | | $3,234 |
| Division (F) of that section | | $4,550 | | $5,550 |
(3)
"Average unit amount" means the amount shown in the
following table for the corresponding type of unit:
| TYPE OF UNIT | | FY 2000 | | FY 2001 |
| Division (B) of section 3317.05 of the Revised Code | | $7,799 | | $7,799 |
| Division (C) of that section | | $2,966 | | $2,966 |
| Division (F) of that section | | $4,251 | | $5,251 |
(B) In the case of each unit described in division (B),
(C),
or (F) of section
3317.05 of the Revised Code and allocated to a
city, local, or exempted village school district, the
department
of education, in addition to the
amounts specified in division (P)
of
section 3317.024 and sections
3317.161
3317.052 and 3317.19
of
the Revised Code, shall
pay a supplemental unit allowance equal to
the
sum of the following amounts:
(1) An amount equal to 50% of the average unit amount for
the unit;
(2) An amount equal to the percentage of the dollar amount
for the unit that
equals the district's state share percentage.
If, prior to the fifteenth day of May of a fiscal year, a
school district's
aid computed under section 3317.022 of the
Revised Code is recomputed
pursuant to section 3317.027 or
3317.028 of the Revised
Code, the department shall also recompute
the district's entitlement to
payment under this section utilizing
a new state share percentage.
Such new state share percentage
shall be determined using the
district's recomputed basic aid
amount pursuant to section
3317.027 or 3317.028 of the Revised
Code. During the last six months of the
fiscal year, the
department shall pay the district a sum equal to one-half of
the
recomputed payment in lieu of one-half the payment otherwise
calculated
under this section.
(C)(1) In the case of each unit allocated to an institution
pursuant to
division (A) of section
3317.05 of the Revised Code,
the
department, in addition to the amount specified in
section
3317.161
3317.052 of the Revised Code, shall
pay a supplemental
unit allowance of $7,227.
(2) In the case of each unit described in division (B) or
(D)(1) of section 3317.05 of the Revised
Code that is allocated to
any entity other than a city, exempted village, or
local school
district, the department, in addition to
the amount specified in
section
3317.161
3317.052 of the Revised Code, shall pay a
supplemental unit allowance of $7,799.
(3) In the case of each unit described in division (C)
or
(D)(2) of section 3317.05 of the Revised
Code and allocated to any
entity other than a city, exempted village, or local
school
district, the department, in addition to the
amounts specified in
section
3317.161
3317.052 of the Revised Code, shall pay a
supplemental unit allowance of $2,966.
(4) In the case of each unit described in division (F)
of
section 3317.05 of the Revised Code and allocated
to an
educational service center,
the department, in addition to the
amounts specified
in division (P) of section 3317.024
of the
Revised Code, shall pay a supplemental unit
allowance of
$4,251 in
fiscal year
2000 and $5,251
in fiscal year 2001.
Sec. 3317.11. (A) Annually, on or before a date designated
by the state
board of education, each educational service center
governing board shall prepare
a budget of operating expenses for
the ensuing year for the
service center on forms prepared and
furnished by the
state board of education and shall certify the
budget to the
state board of education, together with such other
information as
the board may require. Such budget shall consist
of two parts.
Part (A) shall include the cost of the salaries,
employers
retirement contributions, and travel expenses of
supervisory
teachers approved by the state board of education.
The
amount
derived from the calculation for such units in part (A)
of
the
governing board budget shall be the sum of:
(1) The sum of the minimum salaries calculated, pursuant
to
section 3317.13 of the Revised Code, for each approved
licensed
employee of the governing board;
(2) An additional salary allowance proportional to the
length of the extended term of service not to exceed three months
for each supervisory and child study teacher whose term of
service
in any year is extended beyond the terms of service of
regular
classroom teachers;
(3) An allowance equal to fifteen per cent of the amount
computed under division (A)(1) of this section;
(4) An allowance for necessary travel expenses, for each
of
the personnel approved in part (A) of the budget, limited to
two
hundred twenty-three dollars and sixteen cents per month, or
two
thousand six hundred seventy-eight dollars per year per
person
employed, whichever is the lesser.
Part (B) shall include
the cost of all other lawful
expenditures of the governing board. The state
board of education
shall review such budget and may approve, increase, or
decrease
such budget.
The governing board shall be reimbursed by the
state board of
education from state funds for the cost of part
(A) of the budget.
The governing board shall be reimbursed by the state
board of
education, from state funds for
the cost of part (B) of the
approved budget that is in excess of
six dollars and fifty cents
times the service center ADM. If
the governing board
provides
services to city or exempted village school districts
pursuant to
section 3313.843 of the Revised Code, the governing
board shall be
reimbursed from state funds for the cost of part
(B) of the budget
that is in excess of six dollars and fifty
cents times the sum of
the service center ADM and the
client ADMs of the city or exempted
village districts to which such services are provided. The cost
of part (B) not in excess of six dollars and fifty cents times
the
number of such ADM shall be apportioned by the state board of
education among the local school districts in the territory of the
service
center, or among all districts to
which the governing
board
provides services, on the basis of the total number of
pupils in
each school district.
If part (B) of the budget is in excess of that approved by
the state board of education, the excess cost shall be
apportioned
by the state board of education among the local
school districts
in the territory of the
service center on the basis of
the total
number of such pupils in each such school district,
provided that
a majority of the boards of education of such local
school
districts approve such apportionment. The state board of
education shall initiate and supervise the procedure by which the
local boards shall approve or disapprove such apportionment.
The amounts so apportioned shall be certified to the
treasurers of the various school districts. In the case of each
district such amount shall be deducted by the state board of
education from funds allocated to the district pursuant to
division (E) of section 3317.023 of the Revised Code.
The state board of education shall certify to the director
of
budget and management for payment the total of the deductions,
whereupon the amount shall be paid to the governing board
of each
service center, to be
deposited to the credit of a
separate fund,
hereby created, to be known as the educational
service center
governing board fund.
An educational service center may provide special
education
to students
in its local districts or in client districts. A
service center is
eligible for funding under division
(J) of
section 3317.024 of
the Revised Code and eligible for state
subsidies for the purchase of school buses under section 3317.07
of the Revised Code. Special education units for gifted
children
may be operated by a governing board. Vocational education may be
provided by a governing board. A
governing board may conduct
driver education for pupils
enrolled in a high school for which
the state board of education
prescribes minimum standards.
Every local school district shall be provided supervisory
services by its governing board as approved by the
state board of
education. A city or exempted village school
district shall be
considered to be provided supervisory services
by a governing
board if it has
entered into an agreement for the governing board
to
provide any services under section 3313.843 of the Revised
Code. Supervisory
services shall
not exceed one supervisory
teacher for the first fifty classroom
teachers employed in all
districts that are provided supervisory
services calculated under
section 3317.023 of the Revised Code
and one supervisory teacher
for every additional one hundred such
classroom teachers so
calculated. Reimbursement for such
supervisory services shall be
a deduction by the state board of
education from the payment to
the school district pursuant to
division (E) of section 3317.023
of the Revised Code. Deductions for all
supervisory services and
extended services for
supervisory and child study shall be
apportioned among local school districts within the territory of
the service
center and any city or exempted village districts that
have
entered into agreements with a service center pursuant to
section 3313.843 of the Revised Code by the state board of
education on the basis of the total number of pupils in each
school district, except that where such services are provided to
districts other than local school districts within the
service
center territory and city or exempted village districts having
agreements with the service center, such charges shall be
apportioned among
all participating districts on the basis of the
total number of
pupils in each school district. All deductions
from state
funding to school districts required for reimbursement
of
governing boards by division (E) of section 3317.023 of the
Revised Code shall be made from the total of the payment computed
for the
district
under this
chapter, after
making any other
adjustments in that payment required by law.
(B)(1) In addition to the payments made under division (A)
of
this section, except as otherwise provided in division
(C) of
this
section, the department of education shall pay each governing
board
the
amount
in the following schedule for the specified
fiscal year,
thirty-seven dollars times
the sum of the
service
center ADM and the sum of
the client ADMs of all its client
districts:
(a) In fiscal year 2000, thirty-six dollars;
(b) In
in fiscal
year 2001, thirty-seven dollars
years 2002
and 2003.
(2) In addition to other payments under this section, the
department shall pay each educational service center the amounts
due to it
from school districts pursuant to contracts, compacts,
or agreements under
which the service center furnishes services to
the districts or their
students. In order to receive payment
under this division, an educational
service center shall furnish
either a copy of the applicable contract,
compact, or agreement
clearly indicating the amounts of the payments, or a
written
statement of the payments owed signed by the superintendent or
treasurer of the responsible school district.
The amounts paid to service centers under division (B)(2) of
this
section shall be deducted from payments to school districts
pursuant to
division (K)(2) of section 3317.023 of the Revised
Code.
(C) Each multicounty service center shall receive
a payment
each fiscal year
equal to forty dollars and
fifty-two cents times
the sum of the service center ADM
and the client ADMs of all its
client districts.
(D) Each city, exempted village, local, joint vocational,
or
cooperative education school district shall
pay to the governing
board of an educational service center any amounts agreed
to for
each child enrolled in the district who receives special education
and
related services or vocational education from the educational
service center.
(E) As used in this section:
(1)
"Service center ADM" means the
total of each of the
following for all local school districts within the
limits of an
educational service center's territory:
(b) The kindergarten average daily
membership included in
the formula ADM;
(c) Three-quarters of the number of students reported under
division (B)(4)
of section 3317.03 of the Revised Code;
(d) The average daily membership of handicapped
preschool
children reported under division
(B)(2) of section 3317.03 of the
Revised Code;
(e) The number of preschool students certified under
division (B) of section 3317.032 of the Revised Code.
(2)
"Client ADM" means the total of
each number described
under divisions (E)(1)(a) to
(e) of this section for a client
district.
(3)
"Client district" means a city or exempted village
school
district
that has entered into an agreement to receive
services
from a service center
pursuant to section 3313.843 of the
Revised
Code.
(4)
"Multicounty service center" means a service center that
includes
territory that formerly was included in the territory of
at least three former
service centers or county school districts,
which former centers or districts
engaged in one or more mergers
pursuant to section 3311.053 of the
Revised Code to form the
present center.
Sec. 3317.16. (A) As used in this section:
(1)
"State share percentage" means the percentage calculated
for a
joint vocational school district as follows:
(a) Calculate the state base cost funding amount for the
district
under
division (B) of this section. If the district
would not receive
any base cost funding for that year under that
division, the district's state
share percentage is zero.
(b) If the district would receive base cost funding under
that
division,
divide that base cost amount by an amount equal to
the following:
cost-of-doing-business factor Xthe formula amount Xthe greater of formula ADM orthree-year average formula ADMThe resultant number is the district's state share
percentage.
(2) The
"total special education weight" for a joint
vocational
school district shall be calculated in the same manner
as prescribed in
division (B)(1) of section 3317.022 of the
Revised
Code.
(3) The
"total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as
prescribed in division (B)(4)(5) of section 3317.022 of the
Revised Code.
(4) The
"adjusted total taxable value" of a joint vocational
school district shall be determined by adding the adjusted total
taxable
values of all its constituent school districts for the
applicable fiscal
year.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the
fiscal year in accordance with the following formula:
(cost-of-doing-business factor Xformula amount X the greater of formulaADM or three-year average formula ADM) -(.0005 X adjusted total taxable value)If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational
school district in accordance with the following
formula:
state share percentage X formula amount Xtotal vocational education weight(2) The department shall compute for each joint
vocational
school district state funds for vocational education
associated
services costs in accordance with the following
formula:
state share percentage X .05 Xthe formula amount X the sum ofcategories one and two vocationaleducation ADMIn any fiscal year, a joint vocational school district
receiving
funds under division (C)(2) of this section, or through
a
transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, shall spend those
funds only for the purposes
that the department designates as
approved for vocational
education associated services expenses,
which may include such
purposes as apprenticeship coordinators,
coordinators for other
vocational education services, vocational
evaluation, and other
purposes designated by the department. The
department may deny
payment under division (C)(2) of this section to
any district that
the department determines is not operating those services or
is
using funds paid under division (C)(2) of this section,
or through
a transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, for other purposes.
(D)(1) The department shall compute and distribute state
special
education and related services additional weighted costs
funds to each joint
vocational school district in accordance with
the
following formula:
state share percentage X formula amount X
total special education weight(2)(a) As used in this division, the
"personnel allowance"
means
twenty-five thousand dollars in fiscal year 2000 and thirty
thousand
dollars in fiscal
year 2001
years 2002 and 2003.
(b) For the provision of speech services to students and for
no
other purpose, the department shall pay each joint vocational
school district
an amount calculated
under the following formula:
(formula ADM divided by 2000) X the personnelallowance X state share percentage(E) If a joint vocational school
district's costs for a
fiscal year for a student in its category
one, two, or three
special education ADM are twenty-five thousand dollars or
more,
the district may submit to the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all of its costs for that student. Upon
submission of
documentation for a student of the type and in the manner
prescribed, the department shall pay to the district an amount
equal to the
sum of the following:
(1) One-half of the district's costs for the student in
excess of twenty-five thousand dollars;
(2) The product of one-half of the district's costs for the
student in excess of
twenty-five thousand dollars multiplied by
the district's state
share percentage.
The district shall only report, and the department shall only
pay
for, the costs of educational expenses and the related
services provided
to the student in accordance with the student's
individualized education
program. Any legal fees, court costs, or
other costs associated
with any cause of action relating to the
student may not be
included in the amount.
(F) Each fiscal year, the department shall pay each joint
vocational school district an amount for adult technical and
vocational
education and
specialized consultants.
(G)(1) In any fiscal year, a joint vocational school
district
receiving funds under division (D) of this section shall
spend on
the related services specified in division (B)(3)(4)
of
section 3317.022 of the Revised Code at least the
lesser of the
following:
(a) The amount the district spent on those related services
in
the preceding fiscal year;
(b) 1/8 X {[cost-of-doing-business factor
X the
formula
amount X
(the category one special education ADM + category two
special
education ADM + category three special education
ADM)] +
the amount calculated for the fiscal year
under
division (D)(1) of
this
section + the local share of special education and related
services
additional weighted costs}.
(2) A joint vocational school district's local share of
special
education and related services additional weighted costs
equals:
(1 - state share percentage) X
Total special education weight Xthe formula amount(H) In any fiscal year, if the total of all payments made to
a
joint vocational school district under divisions (B) to (D)
of
this section and division (R) of section 3317.024 of the Revised
Code is
less
than the amount that
district received in fiscal year
1999 under the version of this section in
effect that year, plus
the amount that district received under the version of
section
3317.162 of the Revised Code in effect that year and minus the
amounts received that
year for driver education and adult
education, the department shall pay the
district an additional
amount equal to the difference between those two
amounts.
(I) In fiscal years 2000 and 2001, each joint vocational
school
district shall continue to offer the same number of the
vocational education
programs that
the district offered in
fiscal
year 1999, unless the department of education expressly
agrees
that the district may offer fewer programs in either or both
fiscal
year 2000 or 2001.
Sec. 3317.20. This section does not apply to handicapped
preschool children.
(A) As used in this section:
(1)
"Applicable weight" means:
(a) For a handicapped child receiving special
education
services for a handicap specified in division
(A) of section
3317.013 of the
Revised Code, the multiple specified in
that
division;
(b) For a handicapped child receiving special
education
services for a handicap specified in division
(B) of section
3317.013 or division (F)(3) of section
3317.02 of the Revised
Code, the multiple specified in
division (B) of section 3317.013
of the Revised Code.
(2)
"Child's school district" means the school district
in
which a child is entitled to attend school pursuant to
section
3313.64 or 3313.65 of the
Revised Code.
(3)
"State share percentage" means the state share
percentage
of the child's school district as defined in section
3317.022 of
the Revised Code.
(B)
Notwithstanding
sections 3317.03, 3317.05, 3317.161, and
3317.162 of the
Revised
Code, the department of
education shall
not approve special education and related
services units, other
than for handicapped preschool children,
in county MR/DD boards in
fiscal years 1999, 2000, and 2001. During those fiscal years,
state funding for special education and related services
provided
to school-age children by county
MR/DD boards shall be provided
under divisions (C) to
(E) of this section.
(C) Except as provided
in division
(D)(C) of this
section,
the department shall annually pay each county
MR/DD board an
amount
calculated under the following formula for each handicapped
child, other than a handicapped preschool child, for whom the
county MR/DD board provides
special education and related
services:
(formula amount X the cost-of-doing-business
factorfor the child's school district) +(state share percentage X formula amount Xthe applicable weight)
(D)(C) If any school
district places with a county
MR/DD
board more handicapped
children than it had placed with a county
MR/DD board in fiscal year
1998, the department shall not make a
payment under division
(C)(B) of
this section for the number of
children exceeding the number placed in fiscal
year 1998. The
department instead shall deduct from the district's payments
under
this chapter, and pay to the county
MR/DD board, an amount
calculated in accordance with the formula prescribed in division
(C)(B) of this section for each
child over the number of children
placed in fiscal year
1998.
(E)(D) The department shall
calculate for each county MR/DD
board receiving payments under divisions
(C)(B) and
(D)(C) of this
section the
following amounts:
(1) The amount received by the county
MR/DD board for
approved
special education and related services units, other than
preschool handicapped units, in fiscal year 1998, divided by the
total number of children served in the units that year;
(2) The product of the quotient calculated under division
(E)(D)(1) of this section times
the number of children for whom
payments are made under
divisions
(C)(B) and
(D)(C) of this
section.
If the amount calculated under division
(E)(D)(2) of this
section is
greater than the total amount calculated under
divisions
(C)(B) and
(D)(C) of this section, the
department shall
pay the county
MR/DD board one hundred per
cent of the difference
in addition to the payments under divisions
(C)(B) and
(D)(C) of
this section.
Sec. 3318.31. (A) The Ohio school facilities
commission may
perform any act and ensure the performance of any
function
necessary or appropriate to carry out the purposes of,
and
exercise the powers granted under, Chapter 3318. of
the Revised
Code, including any of the following:
(1)
Employ and fix the
compensation of such employees
as
will
facilitate the activities and purposes of the
commission, and
who
shall serve at the pleasure of the commission.
(2) Adopt, amend, and
rescind, pursuant to section 111.15 of
the
Revised Code, rules for the
administration of programs
authorized under Chapter
3318. of the Revised Code.
(3)(2) Contract with, retain the services of, or designate,
and fix the
compensation
of, such agents, accountants,
consultants, advisers,
and other independent contractors as may be
necessary or
desirable to carry out the programs authorized under
Chapter 3318. of the Revised Code.
(4)(3) Receive and accept
any gifts, grants, donations, and
pledges, and receipts
therefrom, to be used for the programs
authorized under
Chapter 3318. of the Revised Code.
(5)(4) Make and enter into
all contracts, commitments, and
agreements, and execute all
instruments, necessary or incidental
to the performance of its
duties and the execution of its rights
and powers under Chapter
3318. of the Revised Code.
(B)
The commission shall appoint and fix the compensation of
an executive director who shall serve at the pleasure of the
commission. The executive director shall supervise the operations
of the commission. The executive director also shall employ and
fix the compensation of such employees as will facilitate the
activities and purposes of the commission, who shall serve at the
pleasure of the executive director.
(C) The attorney general shall serve
as the legal
representative for the commission and may appoint other counsel
as
necessary for that purpose in accordance with section 109.07 of
the
Revised Code.
Sec. 3319.19. (A)
Upon
Except as provided in division (D) of
this section or division (A)(2) of section 3313.37 of the Revised
Code, upon request, the board of county commissioners
shall
provide and equip offices in the county for the use of the
superintendent of an educational service center, and shall
provide
heat, light, water,
and janitorial services for such offices.
Such
offices shall be
the permanent headquarters of the
superintendent
and shall be
used by the governing board of the
service center
when it is in session.
Except as provided in
division (B) of this
section, such offices
shall be located in the
county seat or, upon
the approval of the
governing board, may be
located outside of the
county seat.
(B) In the case of a service center formed under section
3311.053 of the Revised Code, the governing board shall
designate
the site of its offices.
The
Except as provided in division (D) of
this section or division (A)(2) of section 3313.37 of the Revised
Code, the board of county
commissioners of the county in which the
designated site is
located shall provide and equip the offices as
under division (A)
of this section, but the costs of such offices
and equipment
not
covered by funds received under section 307.031
of the Revised
Code shall be apportioned among the boards of
county
commissioners of all counties having any territory in the
area
under the control of the governing board, according to
the
proportion of
local school district pupils under the supervision
of such board
residing in the respective counties. Where there is
a dispute as
to the amount any board of county commissioners is
required to
pay, the probate judge of the county in which the
greatest number
of pupils under the supervision of the governing
board
reside shall apportion such costs among the boards of county
commissioners and notify each such board of its share of the
costs.
(C)
By the first day of March of each year, the
superintendent of public instruction shall certify to the tax
commissioner the ADM and the number of full-time
licensed
employees of each educational service center for the
purposes of
the
distribution of funds to boards of county commissioners
required
under division (B) of section 307.031 of the Revised
Code. As
used in this section,
"ADM" means the formula ADMs
of
all the local districts
having territory in the service center, as
certified in October of the
previous year by the service center
superintendent to the state board of education under section
3317.03 of the
Revised Code. As used in this
division,
"licensed
employee" has the same meaning as in section 307.031 of
the
Revised Code.
(D) The superintendent of a service center may
annually
submit a proposal approved by the board of county
commissioners to
the state superintendent of public instruction,
in such manner and
by such date as specified by the state board
of education, for a
grant for the board of county commissioners
to do one of the
following:
(1) To improve or enhance the offices and equipment
provided
under division (A) or (B) of this section or section
3301.0712 of
the Revised Code;
(2) If funds received under division (B) of section
307.031
of the Revised Code are insufficient to provide for the
actual
cost of meeting the requirements of division (A) or (B) of
section
3319.19 and division (A)(2) of section 3301.0712 of the
Revised
Code, to provide funds to meet such costs.
Any service center superintendent intending to submit a
proposal
shall submit it to the board of county commissioners that
provides and equips the office of the superintendent for
approval
at least twenty days before the date of submission to the
superintendent of public instruction. The
superintendent of
public instruction shall evaluate the proposals
and select those
that will most benefit the local districts
supervised by the
governing boards under standards adopted by
the state board. For
each proposal selected for a grant, the
superintendent of public
instruction shall determine the grant
amount and, with the
approval of the superintendent and
the board of county
commissioners, may modify a grant proposal to
reflect the amount
of money available for the grant. The
superintendent of public
instruction shall notify the board of
county commissioners and the
tax commissioner of the selection of
the proposal as submitted or
modified and the amount of the
grant. If, pursuant to division
(C) of section 307.031 of the
Revised Code, the board of county
commissioners accepts the
proposal and grant, it shall expend the
funds as specified in the
grant proposal. If the board of county
commissioners rejects the
proposal and grant, the superintendent
of public instruction may
select another proposal from among the
district proposals that
initially failed to be selected for a
grant.
The state board of education shall adopt rules to implement
the requirements of this section
Not later than the thirty-first
day of March of 2002, 2003, and 2004, a board of county
commissioners required to provide or equip offices pursuant to
division (A) or (B) of this section shall make a written estimate
of the total cost it will incur for the ensuing fiscal year to
provide and equip the offices and to provide heat, light, water,
and janitorial services for such offices. The total estimate of
cost shall include:
(1) The total square feet of space to be utilized by the
educational service center;
(2) The total square feet of any common areas that should
be reasonably allocated to the center and the methodology for
making this allocation;
(3) The actual cost per square foot for both the space
utilized by and the common area allocated to the center;
(4) An explanation of the methodology used to determine the
per square foot cost;
(5) The estimated cost of providing heat, light, and
water, including an explanation of how these costs were
determined;
(6) The estimated cost of providing janitorial services
including an explanation of the methodology used to determine this
cost;
(7) Any other estimated costs that the board anticipates it
will occur and a detailed explanation of the costs and the
rationale used to determine such costs.
A copy of the total estimate of costs under this division
shall be sent to the superintendent of the educational service
center not later than the fifth day of April. The superintendent
shall review the total estimate and shall notify the board of
county commissioners not later than twenty days after receipt of
the estimate of either agreement with the estimate or any specific
objections to the estimates and the reasons for the objections.
If
the superintendent agrees with the estimate, it shall become
the
final total estimate of cost. Failure of the superintendent
to
make objections to the estimate by the twentieth day after
receipt
of it shall be deemed to mean that the superintendent is
in
agreement with the estimate.
If the superintendent provides specific objections to the
board of county commissioners, the board shall review the
objections and may modify the original estimate and shall send a
revised total estimate to the superintendent within ten days after
the receipt of the superintendent's objections. The
superintendent shall respond to the revised estimate within ten
days after its receipt. If the superintendent agrees with it, it
shall become the final total estimated cost. If the
superintendent fails to respond within the required time, the
superintendent shall be deemed to have agreed with the revised
estimate. If the superintendent disagrees with the revised
estimate, the superintendent shall send specific objections to the
county commissioners.
If a superintendent has sent specific objections to the
revised estimate within the required time, the probate judge of
the county which has the greatest number of resident local school
district pupils under the supervision of the educational service
center shall determine the final estimated cost and certify this
amount to the superintendent and the board of county commissioners
prior to the first day of July.
(D)(1) A board of county commissioners shall be responsible
for the following percentages of the final total estimated cost
established by division (C) of this section:
(a) Seventy-five per cent for fiscal year 2003;
(b) Fifty per cent for fiscal year 2004;
(c) Twenty-five per cent for fiscal year 2005.
In fiscal years 2003, 2004, and 2005, the educational
service center shall be responsible for the remainder of any costs
in excess of the amounts specified in division (D)(1)(a),(b), or
(c) of this section, as applicable, associated with the provision
and equipment of offices for the educational service center and
for provision of heat, light, water, and janitorial services for
such offices, including any unanticipated or unexpected increases
in the costs beyond the final estimated cost amount.
Beginning in fiscal year 2006, no board of county
commissioners shall have any obligation to provide and equip
offices for an educational service center or to provide heat,
light, water, or janitorial services for such offices.
(2) Nothing in this section shall prohibit the board of
county commissioners and the governing board of an educational
service center from entering into a contract for providing and
equipping offices for the use of an educational service center and
for providing heat, light, water, and janitorial services for such
offices. The term of any such contract shall not exceed a period
of four years and may be renewed for additional periods not to
exceed four years. Any such contract shall supersede the
provisions of division (D)(1) of this section.
(3) No contract entered into under division (D)(2) of this
section for any year prior to fiscal year 2006 between an
educational service center formed under section 3311.053 of the
Revised Code and the educational service center required to
provide and equip its office pursuant to division (B) of this
section shall take effect unless the boards of county
commissioners of all other counties required to participate in
the funding for such offices pursuant to division (B) of this
section adopt resolutions approving the contract.
Sec. 3323.09. (A) As used in this section:
(1)
"Home" has the meaning given in section 3313.64 of the
Revised Code;
(2)
"Preschool child" means a child who is at least age
three
but under age six on the thirtieth day of September of an
academic
year.
(B) Each county MR/DD board shall establish special
education programs for all handicapped children who in accordance
with section 3323.04 of the Revised Code have been placed in
special education programs operated by the county board and for
preschool children who are developmentally delayed or at risk of
being developmentally delayed. The board annually shall submit
to
the department of education a plan for the provision of these
programs and, if applicable, a request for approval of units
under
section 3317.05 of the Revised Code. The superintendent of
public
instruction shall review the plan and approve or modify it
in
accordance with rules adopted by the state board of education
under section 3301.07 of the Revised Code. The superintendent of
public instruction shall compile the plans submitted by county
boards and shall submit a comprehensive plan to the state board
of
education.
A county MR/DD board may combine transportation for
children
enrolled in
classes funded under section 3317.20 or units approved
under section 3317.05 with
transportation for children and adults
enrolled in programs and
services offered by the board under
section 5126.12 of the Revised Code.
(C) A county MR/DD board that during the school year
provided special education pursuant to this section for any
mentally handicapped child under twenty-two years of age shall
prepare and submit the following reports and statements:
(1) The board shall prepare a statement for each child who
at the time of receiving such special education was a resident of
a home and was not in the legal or permanent custody of an Ohio
resident or a government agency in this state, and whose parents
are not known to have been residents of this state subsequent to
the child's birth. The statement shall contain the child's name,
the name of
his
the child's school district of residence, the
name
of the
county board providing the special education, and the
number of
months, including any fraction of a month, it was
provided. Not
later than the thirtieth day of June, the board
shall forward a
certified copy of such statement to both the
director of mental
retardation and developmental disabilities and
to the home.
Within thirty days after its receipt of a statement, the
home
shall pay tuition to the county board computed in the manner
prescribed by section 3323.141 of the Revised Code.
(2) The board shall prepare a report for each school
district that is the school district of residence of one or more
of such children for whom statements are not required by division
(C)(1) of this section. The report shall contain the name of the
county board providing special education, the name of each child
receiving special education, the number of months, including
fractions of a month, that
he
the child received it, and the
name
of the
child's school district of residence. Not later than the
thirtieth day of June, the board shall forward certified copies
of
each report to the school district named in the report, the
superintendent of public instruction, and the director of mental
retardation and developmental disabilities.
Sec. 3323.091. (A) The department of mental health, the
department of mental retardation and developmental disabilities,
the department of youth services, and the department of
rehabilitation and correction shall establish and maintain
special
education programs for handicapped children in
institutions under
their jurisdiction according to standards
adopted by the state
board of education. The superintendent of
each institution
providing special education under this chapter
may apply to the
state department of education for unit funding,
which shall be
paid in accordance with sections
3317.161
3317.052
and
3317.162
3317.053 of the Revised Code.
(B) On or before the thirtieth day of June of each year,
the
superintendent of each institution that during the school
year
provided special education pursuant to this section shall
prepare
a statement for each handicapped child under twenty-two
years of
age who has received special education. The statement
shall
contain the child's name and the name of the child's school
district of residence. Within sixty days after receipt of such
statement, the department of education shall perform one of the
following:
(1) For any child except a handicapped preschool child
described in division (B)(2) of this section, pay to the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3317.022 and 3317.023 of the Revised Code, to the
child's
school district of residence or, if the amount of such
state funds
is insufficient, require the child's school district
of residence
to pay the institution submitting the statement an
amount equal to
the amount determined under this division.
(2) For any handicapped preschool child not included in a
unit approved under division (B) of section 3317.05 of the
Revised
Code, perform the following:
(a) Pay to the institution submitting the statement an
amount equal to the tuition calculated under division (B) of
section 3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 and 3317.023 of the Revised Code to the
child's school district of residence an amount equal to the
amount
paid under division (B)(2)(a) of this section.
Sec. 3333.02. The Ohio board of regents shall hold its
first
meeting at the call of the governor, within three months
after all
members have been appointed and qualified. Meetings
thereafter
shall be called in such manner and at such times as
prescribed by
rules adopted by the board, but the board shall
meet at least four
times annually. A majority of the board
constitutes a quorum. At
its first meeting, the board shall
organize by selecting a
chairman
chairperson, a
vice-chairman
vice-chairperson, and a
secretary, and such other officers as it deems necessary. The
board shall adopt rules for the conduct of its business, and to
provide for the term and election of officers, and shall
establish
an office in Columbus.
The rules shall permit the formation of a
quorum and the taking of votes at meetings conducted by
interactive video teleconference if provisions are made for public
attendance at any location involved in such a teleconference.
A record shall be kept of board proceedings, which shall be
open for public inspection. The board shall adopt a seal to be
affixed to official documents. Each member of the board, before
entering on
his official duties and after qualifying for office,
shall take and subscribe to an oath of office, to uphold the
constitution and laws of the United States and this state, and to
perform the duties of
his office honestly, faithfully, and
impartially.
Sec. 3333.03. (A) The Ohio board of regents shall appoint
a
chancellor to serve at its pleasure and shall prescribe
his
the
chancellor's
duties. The board shall fix the compensation for the
chancellor
and for all other professional, administrative, and
clerical
employees necessary to assist the board and the
chancellor in the
performance of their duties.
(B) The chancellor is the administrative officer of the
board, and is responsible for appointing
and fixing the
compensation of all
professional, administrative, and clerical
employees and staff
members, subject to board approval, who
necessary to assist the board and the chancellor in the
performance of their duties. All employees and staff shall serve
under
his
the
chancellor's
direction and control. The chancellor
shall be a person
qualified by training and experience to
understand the problems
and needs of the state in the field of
higher education and to
devise programs, plans, and methods of
solving the problems and
meeting the needs.
(C) Neither the chancellor nor any staff member or
employee
of the board shall be a trustee, officer, or employee of
any
public or private college or university while serving on the
board.
Sec. 3333.12. (A) As used in this section:
(1)
"Eligible student" means an undergraduate student who
is:
(b) Enrolled in either of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization from the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code, or has a
certificate of registration from the state board of proprietary
school registration and program authorization to award an
associate or bachelor's degree. Students who attend an
institution that holds a certificate of registration shall be
enrolled in a program leading to an associate or bachelor's
degree
for which associate or bachelor's degree program the
institution
has program authorization issued under section
3332.05 of the
Revised Code.
(ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964.
(c) Enrolled as a full-time student or enrolled as a less
than full-time student for the term expected to be the
student's
final term
of enrollment and is enrolled for the number of credit
hours
necessary to complete the requirements of the program in
which
the student is enrolled.
(2)
"Gross income" includes all taxable and nontaxable
income
of the parents, the student, and the student's spouse,
except
income derived from an Ohio academic scholarship,
income
earned by
the student between the last day of the spring
term and
the first
day of the fall term,
and other income exclusions
designated by
the board. Gross income
may be verified to the
board by the
institution in which the student is
enrolled using
the federal
financial aid eligibility verification
process
or by
other means
satisfactory to the board.
(3)
"Resident,"
"full-time student,"
"dependent,"
"financially independent," and
"accredited" shall be defined by
rules adopted by the board.
(B) The Ohio board of regents shall establish and
administer
an instructional grant program and may adopt rules to
carry out
this section. The general assembly shall support the
instructional grant program by such sums and in such manner as it
may provide, but the board may also receive funds from other
sources to support the program. If the amounts available for
support of the program are inadequate to provide grants to all
eligible students, preference in the payment of grants shall be
given in terms of income, beginning with the lowest income
category of gross income and proceeding upward by category to the
highest gross income category.
An instructional grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except
that no
instructional grant shall be paid to any person serving a
term of
imprisonment. Applications for
such grants shall be made
as prescribed by the board, and
such applications may be made in
conjunction with and upon the
basis of information provided in
conjunction with student
assistance programs funded by agencies of
the United States
government or from financial resources of the
institution of
higher education. The institution shall certify
that the student
applicant meets the requirements set forth in
divisions (A)(1)(b)
and (c) of this section. Instructional grants
shall be provided
to an eligible student only as long as the
student is making
appropriate progress toward a nursing diploma or
an associate or
bachelor's degree. No
student shall be eligible
to receive a grant for more than ten
semesters, fifteen quarters,
or the equivalent of five academic
years. A grant made to an
eligible student on the basis of less
than full-time enrollment
shall be based on the number of credit
hours for which the student
is enrolled and shall be computed in
accordance with a formula
adopted by the board. No student
shall receive more than one
grant on the basis of less than
full-time enrollment.
An instructional grant shall not exceed the total
instructional and general charges of the institution.
(C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section.
For a full-time student who is a dependent and
enrolled in a
nonprofit educational institution that is not a
state-assisted
institution and that has a certificate of
authorization issued
pursuant to Chapter 1713. of the Revised
Code, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year
shall be determined in
accordance with the following table:
Table of Grants
| Maximum Grant $4,872 |
Gross Income | Number of Dependents |
Under $13,001 | | $4,872 | | $4,872 | | $4,872 | | $4,872 | | $4,872 |
$13,001 - $14,000 | | 4,386 | | 4,872 | | 4,872 | | 4,872 | | 4,872 |
$14,001 - $15,000 | | 3,888 | | 4,386 | | 4,872 | | 4,872 | | 4,872 |
$15,001 - $16,000 | | 3,408 | | 3,888 | | 4,386 | | 4,872 | | 4,872 |
$16,001 - $17,000 | | 2,928 | | 3,408 | | 3,888 | | 4,386 | | 4,872 |
$17,001 - $20,000 | | 2,442 | | 2,928 | | 3,408 | | 3,888 | | 4,386 |
$20,001 - $23,000 | | 1,944 | | 2,442 | | 2,928 | | 3,408 | | 3,888 |
$23,001 - $26,000 | | 1,452 | | 1,944 | | 2,442 | | 2,928 | | 3,408 |
$26,001 - $29,000 | | 1,200 | | 1,452 | | 1,944 | | 2,442 | | 2,928 |
$29,001 - $30,000 | | 966 | | 1,200 | | 1,452 | | 1,944 | | 2,442 |
$30,001 - $31,000 | | 882 | | 966 | | 1,200 | | 1,452 | | 1,944 |
$31,001 - $32,000 | | 792 | | 882 | | 966 | | 1,200 | | 1,452 |
$32,001 - $33,000 | | 396 | | 792 | | 882 | | 966 | | 1,200 |
$33,001 - $34,000 | | -0- | | 396 | | 792 | | 882 | | 966 |
$34,001 - $35,000 | | -0- | | -0- | | 396 | | 792 | | 882 |
$35,001 - $36,000 | | -0- | | -0- | | -0- | | 396 | | 792 |
$36,001 - $37,000 | | -0- | | -0- | | -0- | | -0- | | 396 |
Over $37,000 | | -0- | | -0- | | -0- | | -0- | | -0- |
Private InstitutionTable of Grants
| Maximum Grant $5,466 |
Gross Income | Number of Dependents |
$0 - $15,000 | | $5,466 | | $5,466 | | $5,466 | | $5,466 | | $5,466 |
$15,001 - $16,000 | | 4,920 | | 5,466 | | 5,466 | | 5,466 | | 5,466 |
$16,001 - $17,000 | | 4,362 | | 4,920 | | 5,466 | | 5,466 | | 5,466 |
$17,001 - $18,000 | | 3,828 | | 4,362 | | 4,920 | | 5,466 | | 5,466 |
$18,001 - $19,000 | | 3,288 | | 3,828 | | 4,362 | | 4,920 | | 5,466 |
$19,001 - $22,000 | | 2,736 | | 3,288 | | 3,828 | | 4,362 | | 4,920 |
$22,001 - $25,000 | | 2,178 | | 2,736 | | 3,288 | | 3,828 | | 4,362 |
$25,001 - $28,000 | | 1,626 | | 2,178 | | 2,736 | | 3,288 | | 3,828 |
$28,001 - $31,000 | | 1,344 | | 1,626 | | 2,178 | | 2,736 | | 3,288 |
$31,001 - $32,000 | | 1,080 | | 1,344 | | 1,626 | | 2,178 | | 2,736 |
$32,001 - $33,000 | | 984 | | 1,080 | | 1,344 | | 1,626 | | 2,178 |
$33,001 - $34,000 | | 888 | | 984 | | 1,080 | | 1,344 | | 1,626 |
$34,001 - $35,000 | | 444 | | 888 | | 984 | | 1,080 | | 1,344 |
$35,001 - $36,000 | | -- | | 444 | | 888 | | 984 | | 1,080 |
$36,001 - $37,000 | | -- | | -- | | 444 | | 888 | | 984 |
$37,001 - $38,000 | | -- | | -- | | -- | | 444 | | 888 |
$38,001 - $39,000 | | -- | | -- | | -- | | -- | | 444 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for
two semesters,
three quarters, or a comparable portion of
the academic year
shall
be determined in accordance with the following table:
Table of Grants
| Maximum Grant $4,872 |
Gross Income | Number of Dependents |
Under $4,201 | $4,872 | | $4,872 | | $4,872 | $4,872 | $4,872 | | $4,872 |
$4,201 - $4,800 | 4,386 | | 4,872 | | 4,872 | 4,872 | 4,872 | | 4,872 |
$4,801 - $5,300 | 3,888 | | 4,386 | | 4,872 | 4,872 | 4,872 | | 4,872 |
$5,301 - $5,800 | 3,408 | | 3,888 | | 4,386 | 4,872 | 4,872 | | 4,872 |
$5,801 - $6,300 | 2,928 | | 3,408 | | 3,888 | 4,386 | 4,872 | | 4,872 |
$6,301 - $6,800 | 2,442 | | 2,928 | | 3,408 | 3,888 | 4,386 | | 4,872 |
$6,801 - $7,800 | 1,944 | | 2,442 | | 2,928 | 3,408 | 3,888 | | 4,386 |
$7,801 - $8,800 | 1,452 | | 1,944 | | 2,442 | 2,928 | 3,408 | | 3,888 |
$8,801 - $9,800 | 1,200 | | 1,452 | | 1,944 | 2,442 | 2,928 | | 3,408 |
$9,801 - $11,300 | 966 | | 1,200 | | 1,452 | 1,944 | 2,442 | | 2,928 |
$11,301 - $12,800 | 882 | | 966 | | 1,200 | 1,452 | 1,944 | | 2,442 |
$12,801 - $14,300 | 792 | | 882 | | 966 | 1,200 | 1,452 | | 1,944 |
$14,301 - $15,800 | 396 | | 792 | | 882 | 966 | 1,200 | | 1,452 |
$15,801 - $18,800 | -0- | | 396 | | 792 | 882 | 966 | | 1,200 |
$18,801 - $21,800 | -0- | | -0- | | 396 | 792 | 882 | | 966 |
$21,801 - $24,800 | -0- | | -0- | | -0- | 396 | 792 | | 882 |
$24,801 - $29,500 | -0- | | -0- | | -0- | -0- | 396 | | 792 |
$29,501 - $34,500 | -0- | | -0- | | -0- | -0- | -0- | | 396 |
Over $34,500 | -0- | | -0- | | -0- | -0- | -0- | | -0- |
Private InstitutionTable of Grants
| Maximum Grant $5,466 |
Gross Income | Number of Dependents |
$0 - $4,800 | $5,466 | | $5,466 | | $5,466 | $5,466 | $5,466 | | $5,466 |
$4,801 - $5,300 | 4,920 | | 5,466 | | 5,466 | 5,466 | 5,466 | | 5,466 |
$5,301 - $5,800 | 4,362 | | 4,920 | | 5,466 | 5,466 | 5,466 | | 5,466 |
$5,801 - $6,300 | 3,828 | | 4,362 | | 4,920 | 5,466 | 5,466 | | 5,466 |
$6,301 - $6,800 | 3,288 | | 3,828 | | 4,362 | 4,920 | 5,466 | | 5,466 |
$6,801 - $7,300 | 2,736 | | 3,288 | | 3,828 | 4,362 | 4,920 | | 5,466 |
$7,301 - $8,300 | 2,178 | | 2,736 | | 3,288 | 3,828 | 4,362 | | 4,920 |
$8,301 - $9,300 | 1,626 | | 2,178 | | 2,736 | 3,288 | 3,828 | | 4,362 |
$9,301 - $10,300 | 1,344 | | 1,626 | | 2,178 | 2,736 | 3,288 | | 3,828 |
$10,301 - $11,800 | 1,080 | | 1,344 | | 1,626 | 2,178 | 2,736 | | 3,288 |
$11,801 - $13,300 | 984 | | 1,080 | | 1,344 | 1,626 | 2,178 | | 2,736 |
$13,301 - $14,800 | 888 | | 984 | | 1,080 | 1,344 | 1,626 | | 2,178 |
$14,801 - $16,300 | 444 | | 888 | | 984 | 1,080 | 1,344 | | 1,626 |
$16,301 - $19,300 | -- | | 444 | | 888 | 984 | 1,080 | | 1,344 |
$19,301 - $22,300 | -- | | -- | | 444 | 888 | 984 | | 1,080 |
$22,301 - $25,300 | -- | | -- | | -- | 444 | 888 | | 984 |
$25,301 - $30,300 | -- | | -- | | -- | -- | 444 | | 888 |
$30,301 - $35,300 | -- | | -- | | -- | -- | -- | | 444 |
For a full-time student who is a dependent and enrolled in
an
educational institution that holds a certificate of
registration
from the state board of proprietary school
registration, the
amount of the instructional grant for
two semesters, three
quarters, or a comparable portion of
the academic year shall be
determined in accordance with the
following table:
Table of Grants
| Maximum Grant $4,128 |
Gross Income | Number of Dependents |
Under $13,001 | | $4,128 | | $4,128 | | $4,128 | | $4,128 | | $4,128 |
$13,001 - $14,000 | | 3,726 | | 4,128 | | 4,128 | | 4,128 | | 4,128 |
$14,001 - $15,000 | | 3,288 | | 3,726 | | 4,128 | | 4,128 | | 4,128 |
$15,001 - $16,000 | | 2,874 | | 3,288 | | 3,726 | | 4,128 | | 4,128 |
$16,001 - $17,000 | | 2,490 | | 2,874 | | 3,288 | | 3,726 | | 4,128 |
$17,001 - $20,000 | | 2,046 | | 2,490 | | 2,874 | | 3,288 | | 3,726 |
$20,001 - $23,000 | | 1,656 | | 2,046 | | 2,490 | | 2,874 | | 3,288 |
$23,001 - $26,000 | | 1,266 | | 1,656 | | 2,046 | | 2,490 | | 2,874 |
$26,001 - $29,000 | | 1,014 | | 1,266 | | 1,656 | | 2,046 | | 2,490 |
$29,001 - $30,000 | | 810 | | 1,014 | | 1,266 | | 1,656 | | 2,046 |
$30,001 - $31,000 | | 762 | | 810 | | 1,014 | | 1,266 | | 1,656 |
$31,001 - $32,000 | | 672 | | 762 | | 810 | | 1,014 | | 1,266 |
$32,001 - $33,000 | | 336 | | 672 | | 762 | | 810 | | 1,014 |
$33,001 - $34,000 | | -0- | | 336 | | 672 | | 762 | | 810 |
$34,001 - $35,000 | | -0- | | -0- | | 336 | | 672 | | 762 |
$35,001 - $36,000 | | -0- | | -0- | | -0- | | 336 | | 672 |
$36,001 - $37,000 | | -0- | | -0- | | -0- | | -0- | | 336 |
Over $37,000 | | -0- | | -0- | | -0- | | -0- | | -0- |
Proprietary InstitutionTable of Grants
| Maximum Grant $4,632 |
Gross Income | Number of Dependents |
$0 - $15,000 | | $4,632 | | $4,632 | | $4,632 | | $4,632 | | $4,632 |
$15,001 - $16,000 | | 4,182 | | 4,632 | | 4,632 | | 4,632 | | 4,632 |
$16,001 - $17,000 | | 3,684 | | 4,182 | | 4,632 | | 4,632 | | 4,632 |
$17,001 - $18,000 | | 3,222 | | 3,684 | | 4,182 | | 4,632 | | 4,632 |
$18,001 - $19,000 | | 2,790 | | 3,222 | | 3,684 | | 4,182 | | 4,632 |
$19,001 - $22,000 | | 2,292 | | 2,790 | | 3,222 | | 3,684 | | 4,182 |
$22,001 - $25,000 | | 1,854 | | 2,292 | | 2,790 | | 3,222 | | 3,684 |
$25,001 - $28,000 | | 1,416 | | 1,854 | | 2,292 | | 2,790 | | 3,222 |
$28,001 - $31,000 | | 1,134 | | 1,416 | | 1,854 | | 2,292 | | 2,790 |
$31,001 - $32,000 | | 906 | | 1,134 | | 1,416 | | 1,854 | | 2,292 |
$32,001 - $33,000 | | 852 | | 906 | | 1,134 | | 1,416 | | 1,854 |
$33,001 - $34,000 | | 750 | | 852 | | 906 | | 1,134 | | 1,416 |
$34,001 - $35,000 | | 372 | | 750 | | 852 | | 906 | | 1,134 |
$35,001 - $36,000 | | -- | | 372 | | 750 | | 852 | | 906 |
$36,001 - $37,000 | | -- | | -- | | 372 | | 750 | | 852 |
$37,001 - $38,000 | | -- | | -- | | -- | | 372 | | 750 |
$38,001 - $39,000 | | -- | | -- | | -- | | -- | | 372 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate
of
registration from the state board of proprietary school
registration, the amount of the instructional grant for
two
semesters, three quarters, or a comparable portion of
the academic
year shall be determined in accordance with the
following table:
Table of Grants
| Maximum Grant $4,128 |
Gross Income | Number of Dependents |
Under $4,201 | $4,128 | | $4,128 | | $4,128 | $4,128 | $4,128 | | $4,128 |
$4,201 - $4,800 | 3,726 | | 4,128 | | 4,128 | 4,128 | 4,128 | | 4,128 |
$4,801 - $5,300 | 3,288 | | 3,726 | | 4,128 | 4,128 | 4,128 | | 4,128 |
$5,301 - $5,800 | 2,874 | | 3,288 | | 3,726 | 4,128 | 4,128 | | 4,128 |
$5,801 - $6,300 | 2,490 | | 2,874 | | 3,288 | 3,726 | 4,128 | | 4,128 |
$6,301 - $6,800 | 2,046 | | 2,490 | | 2,874 | 3,288 | 3,726 | | 4,128 |
$6,801 - $7,800 | 1,656 | | 2,046 | | 2,490 | 2,874 | 3,288 | | 3,726 |
$7,801 - $8,800 | 1,266 | | 1,656 | | 2,046 | 2,490 | 2,874 | | 3,288 |
$8,801 - $9,800 | 1,014 | | 1,266 | | 1,656 | 2,046 | 2,490 | | 2,874 |
$9,801 - $11,300 | 810 | | 1,014 | | 1,266 | 1,656 | 2,046 | | 2,490 |
$11,301 - $12,800 | 762 | | 810 | | 1,014 | 1,266 | 1,656 | | 2,046 |
$12,801 - $14,300 | 672 | | 762 | | 810 | 1,014 | 1,266 | | 1,656 |
$14,301 - $15,800 | 336 | | 672 | | 762 | 810 | 1,014 | | 1,266 |
$15,801 - $18,800 | -0- | | 336 | | 672 | 762 | 810 | | 1,014 |
$18,801 - $21,800 | -0- | | -0- | | 336 | 672 | 762 | | 810 |
$21,801 - $24,800 | -0- | | -0- | | -0- | 336 | 672 | | 762 |
$24,801 - $29,500 | -0- | | -0- | | -0- | -0- | 336 | | 672 |
$29,501 - $34,500 | -0- | | -0- | | -0- | -0- | -0- | | 336 |
Over $34,500 | -0- | | -0- | | -0- | -0- | -0- | | -0- |
Proprietary InstitutionTable of Grants
| Maximum Grant $4,632 |
Gross Income | Number of Dependents |
$0 - $4,800 | $4,632 | | $4,632 | | $4,632 | $4,632 | $4,632 | | $4,632 |
$4,801 - $5,300 | 4,182 | | 4,632 | | 4,632 | 4,632 | 4,632 | | 4,632 |
$5,301 - $5,800 | 3,684 | | 4,182 | | 4,632 | 4,632 | 4,632 | | 4,632 |
$5,801 - $6,300 | 3,222 | | 3,684 | | 4,182 | 4,632 | 4,632 | | 4,632 |
$6,301 - $6,800 | 2,790 | | 3,222 | | 3,684 | 4,182 | 4,632 | | 4,632 |
$6,801 - $7,300 | 2,292 | | 2,790 | | 3,222 | 3,684 | 4,182 | | 4,632 |
$7,301 - $8,300 | 1,854 | | 2,292 | | 2,790 | 3,222 | 3,684 | | 4,182 |
$8,301 - $9,300 | 1,416 | | 1,854 | | 2,292 | 2,790 | 3,222 | | 3,684 |
$9,301 - $10,300 | 1,134 | | 1,416 | | 1,854 | 2,292 | 2,790 | | 3,222 |
$10,301 - $11,800 | 906 | | 1,134 | | 1,416 | 1,854 | 2,292 | | 2,790 |
$11,801 - $13,300 | 852 | | 906 | | 1,134 | 1,416 | 1,854 | | 2,292 |
$13,301 - $14,800 | 750 | | 852 | | 906 | 1,134 | 1,416 | | 1,854 |
$14,801 - $16,300 | 372 | | 750 | | 852 | 906 | 1,134 | | 1,416 |
$16,301 - $19,300 | -- | | 372 | | 750 | 852 | 906 | | 1,134 |
$19,301 - $22,300 | -- | | -- | | 372 | 750 | 852 | | 906 |
$22,301 - $25,300 | -- | | -- | | -- | 372 | 750 | | 852 |
$25,301 - $30,300 | -- | | -- | | -- | -- | 372 | | 750 |
$30,301 - $35,300 | -- | | -- | | -- | -- | -- | | 372 |
For a full-time student who is a dependent and enrolled in
a
state-assisted educational institution, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be determined in
accordance with the following table:
| Maximum Grant $1,956 |
Gross Income | Number of Dependents |
Table of Grants
Under $13,001 | | $1,956 | | $1,956 | | $1,956 | | $1,956 | | $1,956 |
$13,001 - $14,000 | | 1,764 | | 1,956 | | 1,956 | | 1,956 | | 1,956 |
$14,001 - $15,000 | | 1,554 | | 1,764 | | 1,956 | | 1,956 | | 1,956 |
$15,001 - $16,000 | | 1,380 | | 1,554 | | 1,764 | | 1,956 | | 1,956 |
$16,001 - $17,000 | | 1,182 | | 1,380 | | 1,554 | | 1,764 | | 1,956 |
$17,001 - $20,000 | | 966 | | 1,182 | | 1,380 | | 1,554 | | 1,764 |
$20,001 - $23,000 | | 774 | | 966 | | 1,182 | | 1,380 | | 1,554 |
$23,001 - $26,000 | | 582 | | 774 | | 966 | | 1,182 | | 1,380 |
$26,001 - $29,000 | | 468 | | 582 | | 774 | | 966 | | 1,182 |
$29,001 - $30,000 | | 378 | | 468 | | 582 | | 774 | | 966 |
$30,001 - $31,000 | | 348 | | 378 | | 468 | | 582 | | 774 |
$31,001 - $32,000 | | 318 | | 348 | | 378 | | 468 | | 582 |
$32,001 - $33,000 | | 162 | | 318 | | 348 | | 378 | | 468 |
$33,001 - $34,000 | | -0- | | 162 | | 318 | | 348 | | 378 |
$34,001 - $35,000 | | -0- | | -0- | | 162 | | 318 | | 348 |
$35,001 - $36,000 | | -0- | | -0- | | -0- | | 162 | | 318 |
$36,001 - $37,000 | | -0- | | -0- | | -0- | | -0- | | 162 |
Over $37,000 | | -0- | | -0- | | -0- | | -0- | | -0- |
Public InstitutionTable of Grants
| Maximum Grant $2,190 |
Gross Income | Number of Dependents |
$0 - $15,000 | | $2,190 | | $2,190 | | $2,190 | | $2,190 | | $2,190 |
$15,001 - $16,000 | | 1,974 | | 2,190 | | 2,190 | | 2,190 | | 2,190 |
$16,001 - $17,000 | | 1,740 | | 1,974 | | 2,190 | | 2,190 | | 2,190 |
$17,001 - $18,000 | | 1,542 | | 1,740 | | 1,974 | | 2,190 | | 2,190 |
$18,001 - $19,000 | | 1,320 | | 1,542 | | 1,740 | | 1,974 | | 2,190 |
$19,001 - $22,000 | | 1,080 | | 1,320 | | 1,542 | | 1,740 | | 1,974 |
$22,001 - $25,000 | | 864 | | 1,080 | | 1,320 | | 1,542 | | 1,740 |
$25,001 - $28,000 | | 648 | | 864 | | 1,080 | | 1,320 | | 1,542 |
$28,001 - $31,000 | | 522 | | 648 | | 864 | | 1,080 | | 1,320 |
$31,001 - $32,000 | | 420 | | 522 | | 648 | | 864 | | 1,080 |
$32,001 - $33,000 | | 384 | | 420 | | 522 | | 648 | | 864 |
$33,001 - $34,000 | | 354 | | 384 | | 420 | | 522 | | 648 |
$34,001 - $35,000 | | 174 | | 354 | | 384 | | 420 | | 522 |
$35,001 - $36,000 | | -- | | 174 | | 354 | | 384 | | 420 |
$36,001 - $37,000 | | -- | | -- | | 174 | | 354 | | 384 |
$37,001 - $38,000 | | -- | | -- | | -- | | 174 | | 354 |
$38,001 - $39,000 | | -- | | -- | | -- | | -- | | 174 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be
determined in
accordance with the following table:
Table of Grants
| Maximum Grant $1,956 |
Gross Income | Number of Dependents |
Under $4,201 | $1,956 | | $1,956 | | $1,956 | $1,956 | $1,956 | | $1,956 |
4,201 - $4,800 | 1,764 | | 1,956 | | 1,956 | 1,956 | 1,956 | | 1,956 |
$4,801 - $5,300 | 1,554 | | 1,764 | | 1,956 | 1,956 | 1,956 | | 1,956 |
$5,301 - $5,800 | 1,380 | | 1,554 | | 1,764 | 1,956 | 1,956 | | 1,956 |
$5,801 - $6,300 | 1,182 | | 1,380 | | 1,554 | 1,764 | 1,956 | | 1,956 |
$6,301 - $6,800 | 966 | | 1,182 | | 1,380 | 1,554 | 1,764 | | 1,956 |
$6,801 - $7,800 | 774 | | 966 | | 1,182 | 1,380 | 1,554 | | 1,764 |
$7,801 - $8,800 | 582 | | 774 | | 966 | 1,182 | 1,380 | | 1,554 |
$8,801 - $9,800 | 468 | | 582 | | 774 | 966 | 1,182 | | 1,380 |
$9,801 - $11,300 | 378 | | 468 | | 582 | 774 | 966 | | 1,182 |
$11,301 - $12,800 | 348 | | 378 | | 468 | 582 | 774 | | 966 |
$12,801 - $14,300 | 318 | | 348 | | 378 | 468 | 582 | | 774 |
$14,301 - $15,800 | 162 | | 318 | | 348 | 378 | 468 | | 582 |
$15,801 - $18,800 | -0- | | 162 | | 318 | 348 | 378 | | 468 |
$18,801 - $21,800 | -0- | | -0- | | 162 | 318 | 348 | | 378 |
$21,801 - $24,800 | -0- | | -0- | | -0- | 162 | 318 | | 348 |
$24,801 - $29,500 | -0- | | -0- | | -0- | -0- | 162 | | 318 |
$29,501 - $34,500 | -0- | | -0- | | -0- | -0- | -0- | | 162 |
Over $34,500 | -0- | | -0- | | -0- | -0- | -0- | | -0- |
Public InstitutionTable of Grants
| Maximum Grant $2,190 |
Gross Income | Number of Dependents |
$0 - $4,800 | | $2,190 | | $2,190 | | $2,190 | $2,190 | $2,190 | | $2,190 |
$4,801 - $5,300 | | 1,974 | | 2,190 | | 2,190 | 2,190 | 2,190 | | 2,190 |
$5,301 - $5,800 | | 1,740 | | 1,974 | | 2,190 | 2,190 | 2,190 | | 2,190 |
$5,801 - $6,300 | | 1,542 | | 1,740 | | 1,974 | 2,190 | 2,190 | | 2,190 |
$6,301 - $6,800 | | 1,320 | | 1,542 | | 1,740 | 1,974 | 2,190 | | 2,190 |
$6,801 - $7,300 | | 1,080 | | 1,320 | | 1,542 | 1,740 | 1,974 | | 2,190 |
$7,301 - $8,300 | | 864 | | 1,080 | | 1,320 | 1,542 | 1,740 | | 1,974 |
$8,301 - $9,300 | | 648 | | 864 | | 1,080 | 1,320 | 1,542 | | 1,740 |
$9,301 - $10,300 | | 522 | | 648 | | 864 | 1,080 | 1,320 | | 1,542 |
$10,301 - $11,800 | | 420 | | 522 | | 648 | 864 | 1,080 | | 1,320 |
$11,801 - $13,300 | | 384 | | 420 | | 522 | 648 | 864 | | 1,080 |
$13,301 - $14,800 | | 354 | | 384 | | 420 | 522 | 648 | | 864 |
$14,801 - $16,300 | | 174 | | 354 | | 384 | 420 | 522 | | 648 |
$16,301 - $19,300 | | -- | | 174 | | 354 | 384 | 420 | | 522 |
$19,301 - $22,300 | | -- | | -- | | 174 | 354 | 384 | | 420 |
$22,301 - $25,300 | | -- | | -- | | -- | 174 | 354 | | 384 |
$25,301 - $30,300 | | -- | | -- | | -- | -- | 174 | | 354 |
$30,301 - $35,300 | | -- | | -- | | -- | -- | -- | | 174 |
(D) For a full-time student enrolled in an eligible
institution for a semester or quarter in addition to the portion
of the
academic year covered by a grant determined under division
(C) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed in the applicable table of
that division. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount prescribed under that division.
(E) No grant shall be made to any student in a course of
study in theology, religion, or other field of preparation for a
religious profession unless such course of study leads to an
accredited bachelor of arts, bachelor of science, associate of
arts, or associate of science degree.
(F)(1) Except as provided in division (F)(2) of this
section, no grant shall be made to any student for enrollment
during a fiscal year in an institution with a
cohort default rate
determined by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years.
(2) Division (F)(1) of this section does not apply to the
following:
(a) Any student enrolled in an institution that under the
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
cohort default rate after recalculation is lower than the rate
specified
in division (F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may
continue to
participate in federal financial aid programs. The
board
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board.
(b) Any student who has previously received a grant under
this section who meets all other requirements of this section.
(3) The board shall adopt rules for the notification
of all
institutions whose students will be ineligible to
participate in
the grant program pursuant to division
(F)(1) of this section.
(4) A student's attendance at an institution whose
students
lose eligibility for grants under division (F)(1)
of this section
shall not affect that student's eligibility to
receive a grant
when enrolled in another institution.
(G) Institutions of higher education that enroll students
receiving instructional grants under this section shall report to
the board all students who have received instructional
grants but
are no longer eligible for all or part of such grants
and shall
refund any moneys due the state within thirty days
after the
beginning of the quarter or term immediately following
the quarter
or term in which the student was no longer eligible
to receive all
or part of the student's grant. There shall
be an interest
charge
of one per cent per month on all moneys due and payable
after such
thirty-day period. The board shall immediately
notify the office
of budget and management and the legislative
budget office of the
legislative service commission of all
refunds so received.
Sec. 3333.13. (A) Money appropriated
to state supported
and
state assisted institutions of higher education and to the
Ohio
board of regents for the purposes of this division shall be
paid
at the times and in the amounts necessary to meet all
payments
required to be made
by such institutions and by the
board to the
Ohio public facilities commission or treasurer of
state pursuant
to leases
or agreements made by them under
division
(B) of section
154.21 of the Revised Code, as certified under
division (C) of
this section, including supplements to such
certifications.
(B)
Each such institution of higher education and the
The
board shall include in its estimate of proposed expenses
submitted
pursuant to section 126.02 of the Revised Code the
estimated
amounts of all such payments to be made by it. The
board shall
include the estimated amounts of all such payments to
be made
by
each such institution and of such payments to be made
by it in
recommendations for appropriation required by division
(J) of
section 3333.04 of the Revised Code. The director of
budget and
management shall include in the state budget estimates
provided
for in section 126.02 of the Revised Code the estimated
amount of
all such payments to be made during the next biennium,
and this
amount shall be included in the state budget to be
submitted by
the governor to the general assembly pursuant to
section 107.03 of
the Revised Code.
(C) On the first day of July of each year, or as soon
thereafter as is practicable, the chancellor
or a vice-chancellor
of the board shall
certify to the director the payments contracted
to be made,
during the period of the then current appropriations
made for the
purposes of division (A) of this section, to the
commission
or treasurer of state
by
each state supported and state
assisted institution of higher
education and by the board pursuant
to leases and agreements made
under division (B) of section 154.21
of the Revised Code. The
certification shall state the amounts
and dates of payment
required therefor
as to each such institution
of higher education
and the board, and the amounts to be credited
pursuant to such
leases and agreements to the higher education
bond service trust
fund and other special funds established
pursuant to
section 151.04 or Chapter 154.
of the Revised Code.
If
the director finds such certification to
be correct, the
director
shall promptly add the
director's certification thereto
and
submit
it to the treasurer of state. Such annual
certification
shall be
supplemented in similar manner upon the
execution of
each new
lease or agreement, any supplement to an
existing lease
or
agreement, or any amendment thereof, affecting
the amounts of
those payments.
Sec. 3770.02. (A) Subject to the advice and consent of the
senate, the governor shall appoint a director of the state
lottery
commission who shall serve at the pleasure of the
governor. The
director shall devote full time to the duties
of the office and
shall hold no other office or employment.
The director shall meet
all requirements for appointment as a member
of the commission and
shall by experience and training possess
such management skills
as
that would equip the director to
administer an
enterprise of the
nature of a state lottery. The director shall
receive an annual
salary in accordance with pay range 48 of
section 124.152 of the
Revised Code.
(B)(1) The director shall attend all meetings of the
commission
and shall act as its secretary. The director shall
keep a
record of all
commission proceedings and shall keep
such
the commission's records, files, and
documents at the commission's
principal office. All records of
the commission's meetings shall
be available for inspection by
any member of the public, upon a
showing of good cause and prior
notification to the director.
(2) The director shall be the commission's executive officer
and shall be responsible for keeping all commission records and
supervising and administering the state lottery in accordance
with
this chapter, and carrying out all commission rules adopted
under
section 3770.03 of the Revised Code.
(C)(1) The director shall appoint an assistant director and
deputy directors of marketing,
operations, sales, finance, public
relations, security, and
administration, and as many regional
managers as are required.
The director may also appoint
such
professional, technical, and clerical assistants as are
necessary.
All such officers and employees shall be appointed
and compensated
pursuant to Chapter 124. of the Revised Code.
Regional and
assistant regional managers, sales
representatives, and any
lottery
executive account representatives shall
remain in the
unclassified service.
(2) The director, in
consultation with the director of
administrative services, may
establish standards of proficiency
and productivity for
commission field representatives.
(D) The director shall request the bureau of criminal
identification and investigation, the department of public
safety,
or any other
state, local, or federal agency, to supply
the
director with the criminal records of
any job applicant and may
periodically request
such
the
criminal records of commission
employees.
At or prior to the time of making such a request, the
director shall
require a job applicant or
commission employee to
obtain fingerprint cards prescribed by the
superintendent of the
bureau of criminal identification and investigation at a
qualified
law enforcement
agency, and the director shall cause these
fingerprint cards to be forwarded to
the bureau of criminal
identification and investigation and the federal bureau
of
investigation. The commission shall assume the cost of obtaining
the
fingerprint cards and shall pay to each agency supplying
such
criminal records
for each
investigation under this division a
reasonable
fee, as determined by the agency.
(E) The director shall license lottery sales agents pursuant
to
section 3770.05 of the Revised Code, and, when
it is considered
necessary, may revoke or
suspend the license of any lottery sales
agent
when such action
is considered necessary.
(F) The director shall confer at least once
each month with
the commission at which time the director
shall advise it
of
regarding the operation and administration of the lottery. The
director
shall make available at the request of the commission all
documents, files, and other records pertaining to the operation
and administration of the lottery. The director shall
prepare and
make
available to the commission each month a complete and
accurate
accounting of lottery revenues, prize money disbursements
and the
cost of goods and services awarded as prizes, operating
expenses,
and all other relevant financial information, including
an
accounting of all transfers made from any lottery funds in the
custody of the
treasurer of state to benefit education.
(G) The director may enter into contracts for the operation
or
promotion of the lottery pursuant to Chapter 125. of the
Revised Code. The
director may enter into agreements to assist
organizations that deal with
problem gambling.
(H)(1) Pursuant to rules adopted by the commission
under
section 3770.03 of the Revised Code, the director shall require
any
lottery sales
agents
to
either mail directly to the
state
lottery commission or
to deposit
to the credit of the state
lottery fund, in banking institutions
designated by the treasurer
of state, net proceeds due the
lottery commission
as determined by
the
director, and to file with the director or
the director's
designee reports of their receipts and transactions in
the sale of
lottery
tickets in
such
the form
as required by the director.
(2) Pursuant to rules adopted by the commission under
Chapter 119. of the Revised
Code, the director may impose
penalties for
the failure of a sales agent to transfer funds to
the commission in a timely
manner. Penalties may include monetary
penalties, immediate suspension or
revocation of a license, or any
other penalty the commission adopts by
rule.
(I) The director may arrange for any person, or any
banking
institution, to perform
such functions and services in connection
with
the operation of the lottery as the director may
consider
necessary to carry out this chapter.
(J)(1) As used in this chapter,
"statewide joint lottery
game" means a lottery game that the commission sells solely within
this state under an agreement with other lottery jurisdictions to
sell the same lottery game solely within their statewide or
jurisdictional boundaries.
(2) The director may enter into an agreement with other
lottery jurisdictions to conduct statewide joint lottery games
and, if
the governor signs the agreement personally or by means of
an
authenticating officer pursuant to section 107.15 of the
Revised
Code, may conduct statewide joint lottery games under the
agreement.
(3) The entire net proceeds from any statewide joint lottery
games shall be used to fund elementary, secondary, vocational, and
special education programs in this state.
(4) The commission shall conduct any statewide joint lottery
games in accordance with rules it adopts under division (B)(5) of
section 3770.03 of the Revised Code.
Sec. 3770.03. (A) The state lottery commission shall
promulgate rules under which a statewide lottery may be conducted.
The rules shall be promulgated pursuant to Chapter
119.
of the
Revised Code, except that
rules pertaining to instant game rules
shall be
promulgated pursuant to section 111.15 of the Revised
Code but
are not subject to division (D) of that section.
Subjects
covered
in
such
these rules shall include, but need not
be limited
to, the
following:
(1) The type of lottery to be conducted;
(2) The prices of tickets in the lottery;
(3) The number, nature, and value of prize awards, the
manner and frequency of prize drawings, and the manner in which
prizes shall be awarded to holders of winning tickets.
(B) The commission shall promulgate
further rules, in
addition to those described in division (A) of this section,
pursuant
to Chapter 119. of the Revised Code under which a
statewide lottery
and statewide joint lottery games may be
conducted. Subjects covered in these rules shall include, but not
be limited
to, the following:
(1) The locations at which lottery tickets may be
sold and
the manner in which they are to be sold.
Such
These rules may
authorize
the sale of lottery tickets by commission personnel or
other licensed
individuals from traveling show wagons at the state
fair, and at any
other expositions the director
of the commission
considers acceptable.
Such
These rules shall prohibit
commission
personnel or other licensed individuals from soliciting from an
exposition the right to sell lottery tickets at that exposition,
but shall
allow commission personnel or other licensed individuals
to sell lottery
tickets at an exposition if the exposition
requests commission personnel or
licensed individuals to do so.
Such
These rules may also
address the accessibility of sales agent
locations to commission products in
accordance with the
"Americans
with Disabilities
Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101
et seq.
(2) The manner in which lottery sales revenues are to be
collected, including authorization for the director to impose
penalties for failure by
lottery sales agents to
transfer revenues
to the commission in a timely manner;
(3) The amount of compensation to be paid licensed lottery
sales agents;
(4) The substantive criteria for the licensing of lottery
sales agents consistent with section 3770.05 of the Revised Code,
and procedures for revoking or suspending
such
their licenses
consistent with Chapter 119. of the Revised Code. If
circumstances, such as the nonpayment of funds owed by a
lottery
sales agent,
or other circumstances related to the public safety,
convenience, or trust,
require immediate action, the director may
suspend a license without affording
an opportunity for a prior
hearing under section 119.07 of the Revised Code.
(5) Special game rules to implement any agreements the
director enters into with other lottery jurisdictions under
division (J) of section 3770.02 of the Revised Code to conduct
statewide joint lottery games. The rules shall require that the
entire net proceeds of those games that remain, after associated
operating expenses, prize disbursements, lottery sales agent
bonuses, commissions, and reimbursements, and any other expenses
necessary to comply with the agreements or the rules are deducted
from the gross proceeds of those games, be transferred to the
lottery profits education fund under division (B) of section
3770.06 of the Revised Code.
(C)(1) The
state lottery commission shall meet with the
director
of the commission at least once each month and shall
convene
other meetings at the request of the
chairman
chairperson
or any five of the
members. No action taken by the commission
shall be binding
unless at least five of the members present vote
in favor
thereof
of the action. A written record shall be made of
the proceedings of
each meeting and shall be transmitted forthwith
to the governor,
the president of the senate, the senate minority
leader, the
speaker of the house of representatives, and the house
minority
leader.
(2) The director shall present to the commission a report
each
month, showing the total revenues, prize disbursements, and
operating expenses of the state lottery for the preceding month.
As soon as practicable after the end of each fiscal year, the
commission shall prepare and transmit to the governor and the
general assembly a report of lottery revenues, prize
disbursements, and operating expenses for the preceding fiscal
year and any recommendations for legislation considered
necessary
by the commission.
Sec. 3770.06. (A) There is hereby created the state
lottery
gross revenue fund, which shall be in the custody of the
treasurer
of state but shall not be part of the state treasury.
All gross
revenues received from sales of lottery tickets, fines,
fees, and
related proceeds
in connection with the statewide lottery and all
gross proceeds from statewide joint lottery games shall be
deposited into the fund. The
treasurer of state shall invest any
portion of the fund not
needed for immediate use in the same
manner as, and subject to
all provisions of law with respect to
the investment of, state
funds. The treasurer of state shall
disburse money from the fund
on order of the director of the state
lottery commission or the
director's designee.
All
Except for gross proceeds from statewide joint lottery games,
all revenues of the state lottery gross revenue fund
that are not
paid to holders of winning lottery tickets, that are
not required
to meet short-term prize liabilities, that are not
paid to lottery
sales agents in the form of
agent bonuses,
commissions, or
reimbursements, and that are not paid to
financial institutions to
reimburse
such
those institutions for sales
agent nonsufficient
funds
shall be transferred to the state
lottery fund, which is
hereby
created in the state treasury.
In addition, all revenues of
the
state lottery gross revenue fund that represent the gross
proceeds
from the statewide joint lottery games and that are not
paid to
holders of winning lottery tickets, that are not required
to meet
short-term prize liabilities, that are not paid to lottery
sales
agents in the form of bonuses, commissions, or
reimbursements, and
that are not necessary to cover operating
expenses associated with
those games or to otherwise comply with
the agreements the
director enters into under division (J) of
section 3770.02 of the
Revised Code or the rules the commission
adopts under division
(B)(5) of section 3770.03 of the Revised
Code shall be transferred
to the state lottery fund. All
investment earnings of the fund
shall be credited to the fund.
Moneys shall be disbursed from the
state lottery fund pursuant to
vouchers approved by the director
of the state lottery commission.
Total disbursements for monetary
prize awards to holders of
winning lottery tickets and purchases
of goods and services
awarded as prizes to holders of winning
lottery tickets
in
connection with the statewide lottery shall be
of an amount equal
to at least fifty per cent of the total
revenue
accruing from the
sale of lottery tickets.
(B) Pursuant to Section 6 of Article XV, Ohio
Constitution,
there is hereby established in the state treasury
the lottery
profits education fund. Whenever, in the judgment of
the director
of budget and management, the amount to the credit
of the state
lottery fund
that does not represent proceeds from statewide joint
lottery games is in excess of that needed to meet the
maturing
obligations of the commission and as working capital for
its
further operations, the director shall transfer the
excess to the
lottery profits education fund, provided that the amount to be
transferred into the lottery profits education fund shall equal no
less than
thirty per cent of the total revenue accruing from
the
sale of lottery tickets.
Investment earnings of the lottery
profits education fund shall be
credited to the fund.
In addition,
whenever, in the judgment of
the director of budget and
management, the amount to the credit of
the state lottery fund
that represents proceeds from statewide
joint lottery games equals
the entire net proceeds of those games
as described in division
(B)(5) of section 3770.03 of the Revised
Code and the rules
adopted under that division, the director shall
transfer those
proceeds to the lottery profits education fund.
There
shall also
be credited to the fund any repayments of moneys
loaned from the
educational excellence investment fund.
The
Investment earnings of
the lottery profits education fund shall be
credited to the fund.
The
lottery profits education fund shall be used solely for
the
support of elementary, secondary, vocational, and special
education programs as determined in appropriations made by the
general assembly, or as provided in applicable bond proceedings
for
the payment of debt service on obligations issued to pay costs
of capital
facilities, including those for a system of common
schools throughout the
state pursuant to section 2n of Article
VIII, Ohio Constitution. When determining the
availability of
money in
the lottery profits education fund, the director of
budget and
management may consider all balances and estimated
revenues of
the fund.
From the amounts that the director of budget and management
transfers in any fiscal year from the state lottery fund to the
lottery profits education fund, the director shall transfer
the
initial ten million dollars of
such
those amounts from the lottery
profits
education fund to the school building program bond service
fund
created in division (Q) of section 3318.26 of the Revised
Code to
be pledged for the purpose of paying bond service charges
as
defined in division (C) of section 3318.21 of the Revised Code
on
one or more issuances of obligations, which obligations are
issued to provide moneys for the school building program
assistance fund created in section 3318.25 of the Revised Code.
(C) There is hereby established in the state treasury the
deferred prizes trust fund. With the approval of the director of
budget and management, an amount sufficient to fund annuity
prizes
shall be transferred from the state lottery fund and
credited to
the trust fund. The treasurer of state shall
credit all earnings
arising from investments purchased under this
division to the
fund. Within sixty days after the end of each
fiscal year, the
director of budget and management shall certify
the amount of
investment earnings necessary to have been credited
to the trust
fund during the fiscal year just ending to provide
for continued
funding of deferred prizes. Any earnings credited
in excess of
this certified amount shall be transferred to the
lottery profits
education fund. To provide all or a part of the
amounts necessary
to fund deferred prizes awarded by the
commission, the treasurer
of state, in consultation with the
commission, may invest moneys
contained in the deferred prizes
trust fund in obligations of the
type permitted for the investment of state
funds but whose
maturities are thirty years or less. Investments of the
deferred
prizes trust fund are not subject to the provisions of division
(A)(10) of section 135.143 of the Revised Code limiting to five
per cent the amount
of the state's total average portfolio that
may be invested in debt interests
and limiting to one-half of one
per cent the amount that may be invested in
debt interests of a
single issuer.
All purchases made under this division shall be effected on
a
delivery versus payment method and shall be in the custody of
the
treasurer of state.
The treasurer of state may retain an investment advisor, if
necessary. The commission shall pay any costs incurred by the
treasurer of state in retaining an investment advisor.
(D) The auditor of state shall conduct annual audits
of all
funds and
such
any other audits as the auditor of state or
the
general assembly considers necessary. The auditor of state may
examine
all records, files, and other documents of the commission,
and
such records of
lottery sales agents
as
that pertain to their
activities as agents, for purposes of
conducting authorized
audits.
The state lottery commission shall establish an internal
audit program
before the beginning of each fiscal year, subject to
the approval of the
auditor of state. At the end of each fiscal
year, the commission shall
prepare and submit an annual report to
the auditor of state for the auditor of
state's review and
approval, specifying the internal audit work completed by
the end
of that fiscal year and reporting on compliance with the annual
internal audit program. The form and content of the report shall
be
prescribed by the auditor of state under division (C) of
section
117.20 of the Revised Code.
(E) Whenever, in the judgment of the director of budget and
management, an amount of net state lottery proceeds is necessary
to be applied
to the payment of debt service on obligations, all
as defined in sections
151.01 and 151.03 of the Revised Code, the
director shall transfer that amount directly from
the state
lottery fund or from the lottery profits education fund to the
bond
service fund defined in those sections. The provisions of
this division
(E) of this section are subject to any prior pledges
or obligation of
those amounts to the payment of bond service
charges as defined in division
(C) of section 3318.21 of the
Revised Code, as referred to in division (B)
of this section.
Sec. 5126.05. (A) Subject to the rules established by the
director of
mental retardation and developmental disabilities
pursuant to
Chapter 119. of the Revised Code for programs and
services
offered pursuant to this chapter, and subject to the
rules
established by the state board of education pursuant to
Chapter
119. of the Revised Code for programs and services offered
pursuant to Chapter 3323. of the Revised Code, the county board
of
mental retardation and developmental disabilities shall:
(1) Administer and operate facilities, programs, and
services as provided by this chapter and Chapter 3323. of the
Revised Code and establish policies for their administration and
operation;
(2) Coordinate, monitor, and evaluate existing services
and
facilities available to individuals with mental retardation and
developmental disabilities;
(3) Provide early childhood services, supportive home
services, and adult services, according to the plan and
priorities
developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education
services
pursuant to Chapters 3317.
and
3323. of the Revised Code and
ensure that related services, as
defined in section 3323.01 of the
Revised Code, are available
according to the plan and priorities
developed under section 5126.04
of the Revised Code;
(5) Adopt a budget, authorize expenditures for the
purposes
specified in this chapter and do so in accordance with
section
319.16 of the Revised Code, approve attendance of board
members
and employees at professional meetings and approve
expenditures
for attendance, and exercise such powers and duties
as are
prescribed by the director;
(6) Submit annual reports of its work and expenditures,
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to
the director, the superintendent of public instruction, and the
board of county commissioners at the close of the fiscal year and
at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish
compensation, including but not limited to salary schedules and
fringe benefits for all board employees, approve contracts of
employment for management employees that are for a term of more
than one year, employ legal counsel under section 309.10 of the
Revised Code, and contract for employee benefits;
(8) Provide case management services, as defined in rules
adopted by the director of mental retardation and developmental
disabilities, in accordance with section 5126.15 of the Revised
Code;
(9) Certify respite care homes pursuant to rules adopted
under section 5123.171 of the Revised Code by the director of
mental retardation and developmental disabilities.
(B) To the extent that rules adopted under this section
apply to the identification and placement of handicapped children
under Chapter 3323. of the Revised Code, they shall be consistent
with the standards and procedures established under sections
3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other
such boards and with public or private, nonprofit, or
profit-making agencies or organizations of the same or another
county, to provide the facilities, programs, and services
authorized or required, upon such terms as may be agreeable, and
in accordance with this chapter and Chapter 3323. of the Revised
Code and rules adopted thereunder and in accordance with sections
307.86 and 5126.071 of the Revised Code.
(D) A county board may combine transportation for children
and adults enrolled in programs and services offered under
section
5126.12 with transportation for children
enrolled in
classes
funded under section 3317.20 or units approved under section
3317.05 of the Revised
Code.
(E) A county board may purchase all necessary insurance
policies, may purchase equipment and supplies through the
department of administrative services or from other sources, and
may enter into agreements with public agencies or nonprofit
organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or
bequest any moneys, lands, or property for the benefit of the
purposes for which the board is established and hold, apply, and
dispose of the moneys, lands, and property according to the terms
of the gift, grant, devise, or bequest. All money received by
gift, grant, bequest, or disposition of lands or property
received
by gift, grant, devise, or bequest shall be deposited in
the
county treasury to the credit of such board and shall be
available
for use by the board for purposes determined or stated
by the
donor or grantor, but may not be used for personal
expenses of the
board members. Any interest or earnings accruing
from such gift,
grant, devise, or bequest shall be treated in the
same manner and
subject to the same provisions as such gift,
grant, devise, or
bequest.
(G) The board of county commissioners shall levy taxes and
make appropriations sufficient to enable the county board of
mental retardation and developmental disabilities to perform its
functions and duties, and may utilize
any available local, state,
and federal funds for such purpose.
Sec. 5126.12. (A) As used in this section:
(1)
"Approved school age
unit
class" means a class
or unit
operated by a
county board of
mental
retardation and developmental
disabilities and
approved
funded by the
state board
department of
education under
division (D) of section
3317.05
3317.20
of the
Revised Code.
(2)
"Approved preschool unit" means a class or unit operated
by a
county board of mental retardation and developmental
disabilities and approved
by the state board of education under
division (B) of section 3317.05
of the Revised Code.
(3)
"Active treatment" means a continuous treatment
program,
which includes aggressive, consistent implementation of
a program
of specialized and generic training, treatment, health
services,
and related services, that is directed toward the
acquisition of
behaviors necessary for an individual with mental retardation
or
other developmental disability to function with
as much
self-determination and independence as possible and
toward the
prevention of deceleration, regression, or loss of
current optimal
functional status.
(4)
"Eligible for active treatment" means that an
individual
with
mental retardation or other developmental disability resides
in an
intermediate care facility for the mentally retarded
certified
under Title XIX of the
"Social Security Act," 49 Stat.
620
(1935), 42 U.S.C. 301, as amended; resides in a state
institution
operated by the department of mental retardation and
developmental disabilities; or is enrolled in a home and
community-based services waiver program administered by
the
department of mental retardation and developmental
disabilities as
part of the medical assistance
program established under section
5111.01 of the Revised Code.
(5)
"Community alternative funding system" means the
program
under which habilitation services are reimbursed under
the medical
assistance program pursuant to section 5111.041 of
the Revised
Code and rules adopted under that section.
(6)
"Community employment program" means community
employment
services provided outside of a sheltered workshop
setting under
which the person earns competitive wages for the
performance of
work.
(7)
"Traditional adult services" means vocational and
nonvocational activities conducted within a sheltered workshop or
adult activity center or supportive home services.
(B) Each county board of mental retardation and
developmental disabilities shall certify to the director of
mental
retardation and developmental disabilities all of the following:
(1) On or before the fifteenth day of October, the average
daily
membership for the first full week of programs and services
during October receiving:
(a) Early childhood services provided pursuant to section
5126.05 of the Revised Code for children who are less than three
years of age on the thirtieth day of September of the academic
year;
(b) Special education for handicapped children in approved
school age
units
classes;
(c) Adult services for persons sixteen years of age and
older operated pursuant to section 5126.05 and division (B) of
section 5126.051 of the Revised Code. Separate counts shall be
made for
the following:
(i) Persons enrolled in traditional adult services who are
eligible for but not enrolled in active treatment under the
community alternative funding system;
(ii) Persons enrolled in traditional adult services who
are
eligible for and enrolled in active treatment under the
community
alternative funding system;
(iii) Persons enrolled in traditional adult services but
who
are not eligible for active treatment under the community
alternative funding system;
(iv) Persons participating in community employment
services.
To be counted as participating in community employment
services, a
person must have spent an average of no less than
ten hours per
week in that employment
during the preceding six
months.
(d) Other programs in the county for individuals with mental
retardation and developmental disabilities that have been approved
for
payment of subsidy by the department of mental retardation and
developmental disabilities.
The membership in each such program and service in the
county
shall be reported on forms prescribed by the department of
mental
retardation and developmental disabilities.
The department of mental retardation and developmental
disabilities shall adopt rules defining full-time equivalent
enrollees and for determining the
average daily membership
therefrom, except that
certification
of average daily membership
in approved school age
units
classes shall be
in accordance with
rules adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount
representing the sum of the number of enrollees in each program or
service in the week for which the certification
is made by the
number of days the program or
service was
offered
in that week.
No
enrollee may be counted in average daily
membership for more
than
one program or service.
(2) By the fifteenth day of December, the number of children
enrolled in approved preschool units on the first day of December;
(3) On or before the thirtieth day
of March, an itemized
report
of all income and operating expenditures for the
immediately
preceding calendar year, in the format specified by
the department of
mental
retardation and developmental
disabilities;
(4) By the fifteenth day of February, a report of the
total
annual cost per enrollee for operation of
programs and services in
the preceding calendar year. The report
shall include a grand
total of all programs operated, the cost of
the individual
programs, and the sources of funds applied to each
program.
(5) That each required certification and report is in
accordance with rules established by the department of mental
retardation and developmental disabilities and the state board of
education for the operation and subsidization of the programs and
services.
(C) To compute payments under this section to the board
for
the fiscal year, the department of mental retardation and
developmental disabilities shall use the
certification of
average
daily membership required by division (B)(1) of this
section
exclusive of the average daily membership in any approved
school
age
unit
class and the number in any approved preschool
unit.
(D) The department shall pay each county board for each
fiscal
year an amount equal to nine hundred fifty dollars
times
the
certified number of persons who on the
first day of December
of the academic year are under three
years of age and are not in
an approved preschool
unit. For persons who are
at least age
sixteen and are not in an approved school age
unit
class, the
department shall pay
each county board for each fiscal year the
following amounts:
(1) One thousand dollars times the certified average daily
membership of persons enrolled in traditional adult services who
are eligible for but not enrolled in active treatment under the
community alternative funding system;
(2) One thousand two hundred dollars times the certified
average daily membership of persons enrolled in traditional adult
services who are eligible for and enrolled in active treatment
under the community alternative funding system;
(3) No less than one thousand five hundred dollars times
the
certified average daily membership of persons enrolled in
traditional adult services but who are not eligible for active
treatment under the community alternative funding system;
(4) No less than one thousand five hundred dollars times
the
certified average daily membership of persons participating
in
community employment services.
(E) The department shall distribute this subsidy to county
boards in semiannual installments of equal amounts. The
installments shall be made not later
than the thirty-first day of
August and the thirty-first day of
January.
(F) The director of mental retardation and developmental
disabilities shall make efforts to obtain increases in the
subsidies for early childhood services and adult services so that
the amount of the subsidies is equal to at least fifty per cent
of
the statewide average cost of those services minus any
applicable
federal reimbursements for those services. The
director shall
advise the director of budget and management of
the need for any
such increases when submitting the biennial
appropriations request
for the department.
(G) In determining the reimbursement of a county board for
the provision of case management and family support
services and
other services required or approved by the director for which
children three through twenty-one years of age are eligible, the
department shall include the average daily membership in approved
school age or preschool units. The department, in accordance with
this
section and upon receipt and approval of the certification
required
by this section and any other information it requires to
enable it to
determine a board's payments, shall pay the agency
providing the
specialized training the amounts payable under this
section.
Section 2. That existing sections 133.07, 3301.075, 3301.80,
3313.37, 3313.608, 3314.08, 3317.012, 3317.013, 3317.02, 3317.022,
3317.023, 3317.029, 3317.0212, 3317.03, 3317.05, 3317.051,
3317.11, 3317.16, 3317.161, 3317.162, 3317.20, 3318.31, 3319.19,
3323.09,
3323.091, 3333.02, 3333.03, 3333.12, 3333.13, 3770.02,
3770.03,
3770.06, 5126.05, and 5126.12 and section 307.031 of the
Revised
Code are hereby repealed.
Section 3. Except as otherwise provided, all appropriation
items (AI) in this act are appropriated out of any moneys in the
state
treasury to the credit of the designated fund, which are not
otherwise
appropriated. For all appropriations made in this act,
the amounts in the
first column are for fiscal year 2002 and the
amounts in the second column
are for fiscal year 2003.
FND | AI | | AI TITLE | | | FY 2002 | | | FY 2003 |
Section 4. EDU DEPARTMENT OF EDUCATION
GRF | 200-100 | | Personal Services | | $ | 12,061,049 | | $ | 12,361,049 |
GRF | 200-320 | | Maintenance and Equipment | | $ | 5,155,986 | | $ | 5,290,868 |
GRF | 200-406 | | Head Start | | $ | 102,860,702 | | $ | 104,917,916 |
GRF | 200-408 | | Public Preschool | | $ | 19,896,330 | | $ | 20,294,257 |
GRF | 200-410 | | Professional Development | | $ | 33,453,542 | | $ | 45,050,292 |
GRF | 200-411 | | Family and Children First | | $ | 13,890,000 | | $ | 13,940,000 |
GRF | 200-416 | | Vocational Education Match | | $ | 2,429,373 | | $ | 2,477,960 |
GRF | 200-420 | | Technical Systems Development | | $ | 6,000,000 | | $ | 6,500,000 |
GRF | 200-421 | | Alternative Education Programs | | $ | 22,336,697 | | $ | 25,511,384 |
GRF | 200-422 | | School Management Assistance | | $ | 1,515,995 | | $ | 1,603,285 |
GRF | 200-424 | | Policy Analysis | | $ | 1,669,538 | | $ | 1,703,015 |
GRF | 200-425 | | Tech Prep Administration | | $ | 2,479,632 | | $ | 2,529,225 |
GRF | 200-426 | | Ohio Educational Computer Network | | $ | 42,845,336 | | $ | 44,886,075 |
GRF | 200-427 | | Academic Standards | | $ | 8,474,999 | | $ | 8,862,500 |
GRF | 200-431 | | School Improvement Initiatives | | $ | 18,716,637 | | $ | 19,740,742 |
GRF | 200-432 | | School Conflict Management | | $ | 652,600 | | $ | 685,230 |
GRF | 200-433 | | Reading/Writing Improvement | | $ | 26,773,904 | | $ | 33,600,723 |
GRF | 200-437 | | Student Assessment | | $ | 23,692,045 | | $ | 25,942,045 |
GRF | 200-438 | | Safe Schools | | $ | 2,050,000 | | $ | 2,050,000 |
GRF | 200-441 | | American Sign Language | | $ | 241,743 | | $ | 246,578 |
GRF | 200-442 | | Child Care Licensing | | $ | 1,548,726 | | $ | 1,579,701 |
GRF | 200-444 | | Professional Recruitment | | $ | 2,900,000 | | $ | 2,460,000 |
GRF | 200-445 | | OhioReads Admin/Volunteer Support | | $ | 5,714,000 | | $ | 5,714,000 |
GRF | 200-446 | | Education Management Information System | | $ | 15,479,636 | | $ | 17,673,430 |
GRF | 200-447 | | GED Testing/Adult High School | | $ | 2,123,623 | | $ | 2,166,095 |
GRF | 200-455 | | Community Schools | | $ | 4,728,935 | | $ | 4,824,517 |
GRF | 200-500 | | School Finance Equity | | $ | 22,661,968 | | $ | 0 |
GRF | 200-501 | | Base Cost Funding | | $ | 3,983,645,394 | | $ | 4,237,604,123 |
GRF | 200-502 | | Pupil Transportation | | $ | 304,355,027 | | $ | 323,222,648 |
GRF | 200-503 | | Bus Purchase Allowance | | $ | 39,828,415 | | $ | 40,624,984 |
GRF | 200-505 | | School Lunch Match | | $ | 9,639,000 | | $ | 9,831,780 |
GRF | 200-509 | | Adult Literacy Education | | $ | 9,778,384 | | $ | 9,973,952 |
GRF | 200-511 | | Auxiliary Services | | $ | 122,782,475 | | $ | 127,650,709 |
GRF | 200-513 | | Student Intervention Services | | $ | 31,900,000 | | $ | 38,280,000 |
GRF | 200-514 | | Post-Secondary/Adult Vocational Education | | $ | 25,730,243 | | $ | 25,730,243 |
GRF | 200-520 | | Disadvantaged Pupil Impact Aid | | $ | 375,053,686 | | $ | 404,513,876 |
GRF | 200-521 | | Gifted Pupil Program | | $ | 45,930,131 | | $ | 47,893,138 |
GRF | 200-524 | | Educational Excellence and Competency | | $ | 2,699,500 | | $ | 2,960,900 |
GRF | 200-532 | | Nonpublic Administrative Cost Reimbursement | | $ | 53,533,703 | | $ | 55,675,051 |
GRF | 200-534 | | Desegregation Costs | | $ | 500,000 | | $ | 500,000 |
GRF | 200-540 | | Special Education Enhancements | | $ | 144,006,701 | | $ | 146,950,428 |
GRF | 200-545 | | Vocational Education Enhancements | | $ | 37,397,564 | | $ | 41,347,564 |
GRF | 200-546 | | Charge-Off Supplement | | $ | 18,944,145 | | $ | 22,774,635 |
GRF | 200-547 | | Power Equalization | | $ | 43,009,250 | | $ | 44,098,359 |
GRF | 200-552 | | County MR/DD Boards Vehicle Purchases | | $ | 1,666,204 | | $ | 1,666,204 |
GRF | 200-553 | | County MR/DD Boards Transportation Operating | | $ | 9,575,910 | | $ | 9,575,910 |
GRF | 200-558 | | Emergency Loan Interest Subsidy | | $ | 4,500,000 | | $ | 3,300,000 |
GRF | 200-566 | | OhioReads Grants | | $ | 28,800,000 | | $ | 28,800,000 |
GRF | 200-570 | | School Improvement Incentive Grants | | $ | 10,000,000 | | $ | 12,000,000 |
GRF | 200-573 | | Character Education | | $ | 1,050,000 | | $ | 1,050,000 |
GRF | 200-574 | | Substance Abuse Prevention | | $ | 2,420,000 | | $ | 2,420,000 |
GRF | 200-901 | | Property Tax Allocation - Education | | $ | 707,700,000 | | $ | 743,000,000 |
GRF | 200-906 | | Tangible Tax Exemption - Education | | $ | 73,500,000 | | $ | 75,700,000 |
TOTAL GRF General Revenue Fund | | $ | 6,490,298,728 | | $ | 6,869,755,391 |
General Services Fund Group
138 | 200-606 | | Computer Services | | $ | 6,629,469 | | $ | 6,761,034 |
4D1 | 200-602 | | Ohio Prevention/Education Resource Center | | $ | 345,000 | | $ | 345,000 |
4L2 | 200-681 | | Teacher Certification and Licensure | | $ | 4,684,143 | | $ | 4,856,290 |
452 | 200-638 | | Miscellaneous Revenue | | $ | 1,045,000 | | $ | 1,045,000 |
5H3 | 200-687 | | School District Solvency Assistance | | $ | 24,000,000 | | $ | 24,000,000 |
596 | 200-656 | | Ohio Career Information System | | $ | 743,217 | | $ | 769,230 |
TOTAL GSF General Services | | | | | | |
Fund Group | | $ | 37,446,829 | | $ | 37,776,554 |
Federal Special Revenue Fund Group
3C5 | 200-661 | | Federal Dependent Care Programs | | $ | 18,189,907 | | $ | 18,233,488 |
3D1 | 200-664 | | Drug Free Schools | | $ | 20,621,375 | | $ | 20,660,570 |
3D2 | 200-667 | | Honors Scholarship Program | | $ | 2,454,688 | | $ | 2,540,602 |
3H9 | 200-605 | | Head Start Collaboration Project | | $ | 250,000 | | $ | 250,000 |
3M0 | 200-623 | | ESEA Chapter One | | $ | 320,505,063 | | $ | 330,172,277 |
3M1 | 200-678 | | ESEA Chapter Two | | $ | 13,595,978 | | $ | 14,059,555 |
3M2 | 200-680 | | Ind W/Disab Education Act | | $ | 186,000,000 | | $ | 206,000,000 |
3L6 | 200-617 | | Federal School Lunch | | $ | 175,274,000 | | $ | 180,181,672 |
3L7 | 200-618 | | Federal School Breakfast | | $ | 45,746,000 | | $ | 47,026,888 |
3L8 | 200-619 | | Child and Adult Care Programs | | $ | 60,257,639 | | $ | 61,966,125 |
3L9 | 200-621 | | Vocational Education Basic Grant | | $ | 43,613,582 | | $ | 45,142,330 |
3T4 | 200-613 | | Public Charter Schools | | $ | 4,887,260 | | $ | 5,055,185 |
3T6 | 200-611 | | Class Size Reduction | | $ | 32,289,281 | | $ | 33,903,747 |
3U2 | 200-662 | | Teacher Quality Enhancement Grants | | $ | 1,300,501 | | $ | 1,352,000 |
3U3 | 200-665 | | Reading Excellence Grant Program | | $ | 10,018,756 | | $ | 0 |
3U6 | 200-675 | | Provision 2
& 3 Grant | | $ | 191,050 | | $ | 0 |
309 | 200-601 | | Educationally Disadvantaged | | $ | 20,759,222 | | $ | 21,425,345 |
366 | 200-604 | | Adult Basic Education | | $ | 17,527,286 | | $ | 18,140,740 |
367 | 200-607 | | School Food Services | | $ | 10,089,884 | | $ | 10,408,199 |
368 | 200-614 | | Veterans' Training | | $ | 648,514 | | $ | 671,212 |
369 | 200-616 | | Vocational Education | | $ | 8,000,000 | | $ | 8,000,000 |
370 | 200-624 | | Education of All Handicapped Children | | $ | 1,364,246 | | $ | 1,410,908 |
371 | 200-631 | | EEO Title IV | | $ | 1,155,361 | | $ | 1,213,894 |
374 | 200-647 | | E.S.E.A. Consolidated | | $ | 110,094 | | $ | 110,094 |
378 | 200-660 | | Math/Science Technology Investments | | $ | 12,696,055 | | $ | 13,036,530 |
TOTAL FED Federal Special | | | | | | |
Revenue Fund Group | | $ | 1,007,545,742 | | $ | 1,040,961,361 |
State Special Revenue Fund Group
4R7 | 200-695 | | Indirect Cost Recovery | | $ | 3,942,779 | | $ | 4,168,947 |
4V7 | 200-633 | | Interagency Vocational Support | | $ | 695,197 | | $ | 731,674 |
454 | 200-610 | | Guidance and Testing | | $ | 940,636 | | $ | 956,761 |
455 | 200-608 | | Commodity Foods | | $ | 10,000,000 | | $ | 11,000,000 |
598 | 200-659 | | Auxiliary Services Mobile Units | | $ | 1,328,910 | | $ | 1,328,910 |
620 | 200-615 | | Educational Grants | | $ | 1,525,000 | | $ | 1,525,000 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 18,432,522 | | $ | 19,711,292 |
Lottery Profits Education Fund Group
017 | 200-612 | | Base Cost Funding | | $ | 615,000,000 | | $ | 640,000,000 |
017 | 200-682 | | Lease Rental Payment Reimbursement | | $ | 29,722,100 | | $ | 25,722,600 |
TOTAL LPE Lottery Profits | | | | | | |
Education Fund Group | | $ | 644,722,100 | | $ | 665,722,600 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 8,198,445,921 | | $ | 8,633,927,198 |
Section 4.01. MAINTENANCE AND EQUIPMENT
Of the foregoing appropriation item 200-320, Maintenance and
Equipment,
up to $25,000 may be expended in each year of the
biennium for
State Board of Education out-of-state travel.
The foregoing appropriation item 200-406, Head Start, shall
be distributed by
the Department of Education to Head Start
agencies. A
"Head Start agency"
means an entity that has been
approved to be an agency in accordance with
Section
641 (42 U.S.C.
9836) of the Head Start Act and amendments thereto,
or an
entity
designated for state Head Start funding under
this section.
Participation in state-funded Head Start programs is voluntary.
Moneys distributed under this heading shall not be used to
reduce expenditures
from funds received by a Head Start agency
from any other sources. Section
3301.31 of the Revised Code does
not apply to funds distributed under this
heading. In lieu of
section 3301.31 of the Revised Code, distribution of
moneys under
this heading shall be as follows:
(A) In fiscal years 2002 and 2003, up to two per cent of the
appropriation may be used by the department for administrative
costs of complying with this section; developing program capacity;
and
assisting programs
with facilities planning, construction,
renovation, or lease agreements in
combination with the Community
Development Finance Fund (CDFF). Up to
$1,530,000 in fiscal year
2002 and up to $1,560,600 in fiscal year 2003 may be used
for
training in early literacy for Head Start classroom teachers and
administrators to support the OhioReads Initiative.
(B) The department shall provide an annual report to the
Governor,
the Speaker of the House of Representatives, the
President of the Senate, the
State Board of Education, Head Start
grantees, and other interested parties.
The report shall include
the following:
(1) The number and per cent of eligible children by county
and by grantee;
(2) The amount of state funds requested for continuation per
grantee;
(3) The amount of state funds received for continuation per
grantee;
(4) A summary of program performance on the state critical
performance
indicators;
(5) A summary of developmental progress of children
participating in the
state-funded Head Start program;
(6) Any other data reflecting the performance of Head Start
that the
department considers pertinent.
(C) For purposes of this section,
"eligible child" means a
child who is at
least three years of age and not of compulsory
school age whose family earns
no more than 100 per cent of the
federal poverty level, except as otherwise
provided in this
division.
The Department of Education, in consultation with Head Start
grantees or their designated representatives, shall establish
criteria under which individual Head Start grantees may apply to
the department for a waiver to include as
"eligible children"
those children from families earning up to 125 per cent of the
federal poverty level when the children otherwise qualify as
"eligible children" under this division.
The Department of Education, in consultation with the
Department of Job and Family
Services, interested parties, and
Head Start agencies shall formulate a method
for determining an
estimate of the number of eligible children and
the per cent
served by grantee(s) in each county.
(D) After setting aside amounts to make any payments due
from the prior
fiscal year, in fiscal years 2002 and 2003, funds
shall first be distributed
to
recipients of Head Start funds
during the preceding fiscal year. Awards under
this
division may
be reduced by the amount received in that year for one-time
start-up costs and may be adjusted for actual months of program
operation or
enrollment as reported during the first full week of
December, and may be
increased by a reasonable percentage for
inflation to be determined by the
Department of Education and in
accordance with this section.
The department may redistribute
dollars to programs demonstrating an unmet
need based on updated
assessments of family needs and community resources,
with special
attention to the projected impact of welfare reform. In fiscal
years 2002 and 2003, the department may authorize recipients to
carry over
funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money to
participating
Head Start agencies for purposes of program
expansion, improvement, or special
projects to promote excellence
and innovation.
(E) Costs for developing and administering a Head Start
program may not
exceed fifteen per cent of the total approved
costs of the program.
All recipients of funds shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved recipient
for purposes provided in the program. The approved recipient
shall
administer and use such property and funds for the purposes
specified.
Each recipient shall furnish the department an annual audit
that
includes the review of state funds received under this
section.
(F) The department
shall prescribe
target levels for
critical performance indicators for the purpose of assessing
Head
Start programs. On-site reviews and follow-up visits shall be
based on
grantee progress in meeting the prescribed target levels.
The department may audit a Head Start agency's financial and
program records. Head Start agencies that have financial
practices not in accordance with standard accounting principles,
that fail to substantially meet the Head Start performance
standards, or that exhibit below-average performance shall be
subject to an on-site review.
The department shall require corrective plans of action for
programs not achieving target levels or financial and program
standards.
Action plans shall include activities to
be conducted
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department
demonstrating
targets have been met. The Policy Council
chairperson and the appropriate
grantee board official shall sign
the corrective plans of action.
Programs not meeting performance targets in accordance
with
the plan of action and prescribed timelines may have their
continuation
funding reduced, be disqualified for expansion
consideration until targets are
met, or have all state funds
withdrawn and a new grantee established.
The department shall require school districts to collect
"preschool" information by program type. All data shall be
reported via the
Education Management Information System (EMIS).
(G) The department shall require Head Start grantees to
document child
progress, using a common instrument prescribed by
the department,
and report results annually. The department shall
determine the
dates for documenting and reporting.
The State Board of Education shall adopt rules addressing the
use
of screening and assessment data, including, but not limited
to,
all the following:
(1) Protection of the identity of individual children
through
assignment of a unique but not personally identifiable
code;
(3) Use of the data by school personnel as it relates to
kindergarten entrance.
(H) New agencies may be designated for state Head Start
funding if a Head
Start agency voluntarily waives its right for
funding or is de-funded based on performance.
When such a condition exists, the department shall conduct a
competitive bidding process to select a new agency to provide
state funded
continuation or expansion services. The bidding
process shall include
notices of competitive bidding mailed to
delegate agencies in the affected
area and to newspapers in the
Head Start service area.
Section 3313.646 of the Revised Code does not apply to funds
distributed under this section.
(I) It is the intent of the General Assembly that
appropriations for
appropriation items 200-406, Head Start, and
200-408, Public Preschool, be
available for transfer between Head
Start and public preschool programs so that unallocated funds may
be used
between the two programs.
Section 4.03. PUBLIC PRESCHOOL
The Department of Education shall distribute the foregoing
appropriation item
200-408, Public Preschool,
to pay the costs of
comprehensive preschool
programs. As used in this section,
"school district" means a
city, local, exempted village, or joint
vocational school district, or
an educational
service center.
(A) In fiscal years 2002 and 2003, up to two per cent of the
total
appropriation may be used by the department for
administrative
costs of complying with this section; developing
program capacity; and
assisting programs with
facilities planning,
construction, renovation, or lease agreements
in conjunction with
the Community Development Finance Fund (CDFF).
(B) The department
shall provide an annual report to the
Governor, the Speaker of the
House of Representatives, the
President of the Senate, the State Board of
Education, Head Start
grantees, and other
interested parties. The report shall
include:
(1) The number and per cent of eligible children by county
and by
school district;
(2) The amount of state funds requested for continuation per
school district;
(3) The amount of state funds received for continuation per
school district;
(4) A summary of program performance on the state critical
performance indicators in the public preschool program;
(5) A summary of developmental progress of children
participating
in the state-funded public preschool program;
(6) Any other data reflecting the performance of public
preschool programs
that
the department considers pertinent.
(C) For purposes of this section,
"eligible child" means a
child who is at
least three years of age whose family
earns no
more than 185 per cent of the federal poverty level.
The Department of Education, in consultation with the
Department
of Job and Family Services, interested parties, and
Head Start agencies
shall formulate a method for determining an
estimate of the number
of eligible children and the percentage
served by grantees in each
county.
(D) After setting aside amounts to make any payments due
from the prior
fiscal
year, in fiscal years 2002 and 2003, funds
shall first be distributed to
recipients
of funds during the
preceding fiscal year. Awards under this division may be
reduced
by the amount
received in that fiscal year for one-time start-up
costs and may
be adjusted for actual months of program operation
or enrollment
as reported during the first full week of December,
and may be
increased by a reasonable percentage to be determined
by the
Department of Education. The department may redistribute
dollars
to programs demonstrating an unmet need based on updated
assessments of family needs and community resources, with special
attention to the projected impact of welfare reform. In fiscal
years 2002 and 2003, the department may authorize recipients
to
carry over funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money to
participating school districts for purposes of program expansion,
improvement, or special projects to promote excellence and
innovation.
(E) Costs for developing and administering a preschool
program
may not exceed fifteen per cent of the total approved
costs of the
program.
All recipients of funds shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved recipient
for purposes provided in the program. The approved recipient
shall
administer and use such property and funds for the purposes
specified.
(F) The department shall prescribe target levels for
critical
performance indicators for the purpose of assessing
public
preschool programs. On-site reviews and follow-up visits
shall be
based on progress in meeting the prescribed target
levels.
The department may audit a school district's preschool
financial
and program records. School districts that have
financial
practices not in accordance with standard accounting
principles,
that operate preschool programs that fail to
substantially meet
the Head Start performance standards, or that
exhibit
below-average performance shall be subject to an on-site
review.
The department shall require corrective plans of action for
programs not achieving target levels or financial and program
standards. Action plans shall include activities to be conducted
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department
demonstrating that targets have been met. The appropriate school
board official shall sign the corrective plans of action.
Public preschool programs not meeting performance targets in
accordance with the plan of action and prescribed timelines may
have their continuation funding reduced, be disqualified for
expansion consideration until targets are met, or have all state
funds withdrawn and a new program established.
(G) The department shall require public preschool programs
to
document child progress, using a common instrument prescribed
by
the department, and report results annually. The department
shall
determine the dates for documenting and reporting.
The State Board of Education shall adopt rules addressing the
use
of screening and assessment data, including, but not limited
to,
all of the following:
(1) Protection of the identity of individual children
through
assignment of a unique but not personally identifiable
code;
(3) Use of the data by school personnel as it relates to
kindergarten entrance.
(H) Each school district shall develop a sliding fee scale
based on family
incomes in the district and shall charge families
who earn more than the
federal poverty level for preschool.
(I) It is the intent of the General Assembly that
appropriations for
appropriation items 200-406, Head Start, and
200-408, Public Preschool, be
available for
transfer between Head
Start and
Public Preschool programs so that unallocated funds may
be used between the
two programs.
Section 4.04. PROFESSIONAL DEVELOPMENT
Of the foregoing appropriation item 200-410, Professional
Development, $5,997,829 in each fiscal year shall be used by the
Department of
Education to develop
a statewide comprehensive
system of twelve professional development centers
that support
local educators' ability to foster academic achievement in the
students they
serve. The centers shall
include training teachers
on site-based management
concepts to encourage teachers to become
involved in the management of their
schools.
Of the foregoing appropriation item 200-410, Professional
Development, $9,659,713 in each fiscal year shall be distributed
on a per
teacher basis to all school districts and joint
vocational school
districts for locally developed teacher
training
and
professional development and for the establishment of local
professional
development committees in all school districts and
chartered nonpublic
schools. School districts and joint
vocational school
districts shall not be precluded from using
these funds for cooperative
activities on a county or regional
basis. School districts with pass rates of
less than 75 per cent
on the fourth grade reading proficiency test shall
allocate not
less than 40 per cent of these funds for professional development
for teachers in elementary literacy skills.
Of the foregoing appropriation item 200-410, Professional
Development, $5,845,000 in fiscal year 2002 and $6,000,000 in
fiscal year 2003
shall be used by the Department of Education to
pay the application
fee for teachers from public and chartered
nonpublic schools
applying to the National Board for Professional
Teaching
Standards for
professional teaching certificates or
licenses that the board
offers, and to provide grants in each
fiscal year to recognize and reward
teachers who become certified
by the board pursuant to section 3319.55 of the
Revised Code.
These moneys shall be used
to pay for the first 900
applications in fiscal year 2002 and up to the first 550
applications in fiscal year 2003 received
by the department. Each
prospective applicant for certification or licensure
shall submit
an application to the Department of Education.
When the
department has collected a group of applications, but not later
than
30 days after receipt of the first application in a group, it
shall send the
applications to the National Board for Professional
Teaching Standards along
with a check to cover the cost of the
application fee for all applicants in
that group.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$8,296,000 in fiscal year 2002 and up to
$19,387,750 in fiscal year 2003 shall be allocated for entry year
programs.
These funds shall be used to support mentoring services
of beginning teachers. In fiscal year 2002, the Department of
Education
shall select eligible beginning teachers to participate
in a year-long entry
year program that provides mentoring by
experienced school
district and university faculty and Praxis III
teacher performance assessment.
In fiscal year 2003, the program
shall also include the assessment of all beginning teachers with
the Education
Testing Service's Praxis III examination.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$730,000 in each fiscal year shall be used to
continue Ohio leadership
academies to develop and train
superintendents in new leadership and management
practices to
support high performance schools. This training shall be
coordinated with other locally administered leadership programs.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$1,000,000 in fiscal year 2002 and up to
$1,250,000 in fiscal year 2003 shall be used to support the Ohio
Principal's
Leadership Academy that will serve principals and
their staff teams. An
advisory panel comprised of national
business and education
experts shall advise the Department of
Education on content and delivery
of curriculum and instruction.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$1,000,000 in each fiscal year shall be used to
establish an entry year program
for principals. Grants in fiscal
year 2002 shall be issued to pilot sites that shall develop
prototypes of the program in a variety of contexts. These sites
also shall
pilot the School Leaders Licensure Assessment, which
was developed by the
Educational Testing Service at a cost of $450
per assessment. Funds in fiscal year 2003 shall be used to
implement an entry year program for principals.
Of the foregoing appropriation item 200-410, Professional
Development, up to
$575,000 in each fiscal year shall be used by
the Rural Appalachian Initiative
to create professional
development academies for teachers, principals, and
superintendents in the Appalachian region. No funding shall be
released prior
to the Department of Education receiving a
satisfactory report of the
activities conducted by these
professional development academies during the
previous year.
Of the foregoing appropriation item 200-410, Professional
Development, up to $250,000 in fiscal year 2002 and up to $350,000
in fiscal year 2003 shall be used to support a Teacher Recognition
Program. Funds awarded shall be used to recognize exemplary
performance and support the professional development of educators
across the educator life-cycle continuum, and may also be used to
support the implementation of an educator-in-residence program.
Of the foregoing appropriation item 200-410, Professional
Development, up to $25,000 in each fiscal year shall be used by
the Ohio Teacher Education and Certification Commission to carry
out the responsibilities of the 21-member Ohio Teacher Education
and Certification Advisory Commission. The advisory commission is
charged by the State Board of Education with considering all
matters related to educator preparation and licensure, including
standards for educator preparation and licensure, approval of
institutions and programs, and recommending consideration of
decisions to the State Board.
Of the foregoing appropriation item 200-410, Professional
Development, up to $75,000 in each fiscal year shall be used to
support the Ohio University Leadership Program.
Section 4.05. FAMILY AND CHILDREN FIRST
(A) Of the foregoing appropriation item 200-411, Family and
Children
First, the Department of Education shall transfer up to
$5,000,000 in each fiscal year by
intrastate transfer voucher to
the
Department of Mental Retardation and Developmental
Disabilities.
These funds shall be spent on direct grants to
county family and
children first councils
created under section
121.37 of the Revised Code. The funds shall be used
as partial
support payment
and reimbursement for locally coordinated
treatment plans for multineeds children that come to the attention
of the Family and
Children First Cabinet Council pursuant to
section 121.37 of the
Revised Code. The treatment plans shall
include strategies to address each child's academic achievement.
The Department of Mental Retardation and
Developmental
Disabilities shall administer the distribution of
the direct
grants to the county
councils. The
Department of
Mental
Retardation and Developmental Disabilities may use up to
five per
cent of this amount for administrative expenses
associated with
the distribution of funds to the county councils.
(B) Of the foregoing appropriation item 200-411, Family and
Children First, up to
$3,550,000 in each fiscal year shall be used
as administrative grants
to county family and children
first
councils to provide a portion of the salary and fringe benefits
necessary to fund county council
coordinators, administrative
support, training, or parental involvement. The total initial
grant under this provision to any county family and children
first
council shall not exceed
$40,000. In the event that not all
counties in the state have established a county council, at the
beginning of
the fourth quarter of a fiscal year, any remaining
funds to be used as
administrative grants may be redirected by the
Family and Children First
Cabinet Council to other priorities and
activities. Up to $30,000 of the $3,550,000 in each fiscal year
shall be used by the Family and Children
First Cabinet Council for
administrative costs, including
stipends to family representatives
participating in approved
activities of the initiative,
educational and informational
forums, and technical assistance to
local family and children
first councils.
(C) Of the foregoing appropriation item 200-411, Family and
Children First, up to $5,190,000 in each
fiscal year shall be used
to fund
school-based or school-linked school readiness resource
centers
in school districts where there is a concentration of risk
factors to school readiness and success, including indicators of
poverty, health, and family stability. The purpose of these
centers is to assist in providing services to families of
school-age children who want and need support.
School readiness resource centers shall be located in each of
the state's 21 urban school districts as defined in division
(O)
of section
3317.02 of the Revised Code, as that section existed
prior to
July 1, 1998. The Ohio Family and
Children First Cabinet
Council, in consultation with the
Department of Education and
school districts, shall identify
individual schools based on
quantitative and qualitative factors
that reflect both the need
for school readiness resource centers
and the local capacity for
redesigning, as necessary, a delivery
system of family support
services. The council and the
Department of Education shall
organize and provide technical assistance to
the school districts
and communities in planning, developing,
and implementing the
centers. The council shall also negotiate a
performance agreement
that details required program
characteristics, service options,
and expected results.
Each urban school district and community may receive up to
$240,000 to maintain three school readiness resource centers that
are
located in or linked to elementary, middle, and high school
sites that are connected by student assignment patterns within
the
school districts. Each school district shall work with a
representative of the local family and children first council
and
a representative cross-section of families and community
leaders
in the district to operate
the school readiness resource centers
based upon
conditions agreed to in the performance agreement
negotiated with the cabinet council.
Up to $50,000 in each fiscal year may be used by the Ohio
Family
and Children First Cabinet Council for an evaluation of the
effectiveness of the school readiness resource centers. Up to
$100,000 in each fiscal year may be used by the cabinet council
to
approve technical assistance and oversee the implementation
of the
centers. The administration and management of the school
readiness resource centers may be contracted out through a
competitive bidding process established by the cabinet council
in
consultation with the Department of Education.
Section 4.06. VOCATIONAL EDUCATION MATCH
The foregoing appropriation item 200-416, Vocational
Education Match, shall be used by the Department of Education to
provide vocational administration matching funds pursuant to 20
U.S.C. 2311.
TECHNICAL SYSTEMS DEVELOPMENT
The foregoing appropriation item 200-420, Technical Systems
Development, shall be used to support the development and
implementation of information technology solutions
designed to
improve the performance
and customer service of the Department of
Education. Funds may be used for personnel, maintenance, and
equipment costs related to the development and implementation of
these technical system projects.
Implementation of these systems
shall allow the department to
provide greater levels of assistance
to school districts and to provide more timely information
to the
public, including school districts, administrators, and
legislators.
In each fiscal year, up to $2,000,000 shall be used for EMIS
conversion, including district support and technical assistance;
up
to $350,000 in each year may be used for the department's
annual maintenance
contract for database management software; and
up to $200,000 in each year shall be
used to support the data
warehouse project.
ALTERNATIVE EDUCATION PROGRAMS
There is hereby created the Alternative Education
Advisory
Council, which shall consist of one representative
from each of
the following agencies: the Ohio Department of
Education; the
Department of Youth
Services; the Ohio Department of Alcohol
and
Drug Addiction Services; the
Department of Mental Health; the
Office of
the Governor or, at the Governor's discretion, the
Office of the Lieutenant Governor; and the
Office of the Attorney
General.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, not less than $10,275,000 in fiscal year
2002
and not less than $11,842,500 in fiscal year 2003 shall be used
for the renewal of successful implementation grants and for
competitive matching grants to the 21 urban school
districts as
defined in division (O) of section 3317.02 of the Revised Code as
it
existed prior to July 1, 1998, and not less than $10,275,000 in
fiscal
year 2002 and not less than $11,842,500 in fiscal year 2003
shall be used for the renewal of successful implementation of
grants and for competitive matching grants to rural and suburban
school districts for alternative educational programs for existing
and new
at-risk and delinquent youth. Programs shall be focused
on youth in one or
more of the following categories: those who
have been expelled or suspended,
those who have dropped out of
school or who are at risk of dropping out of
school, those who are
habitually truant or disruptive, or those on probation
or on
parole from a Department of Youth Services
facility. Grants shall
be awarded according to the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs where the grant would not serve as the
program's
primary source of funding. These grants shall be
administered by the
Department of Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $536,697 in fiscal year 2002 and up to
$576,384 in fiscal year 2003 may
be used for program
administration, monitoring, technical assistance, support,
research, and evaluation. Any unexpended balance may be used to
provide
additional matching grants to urban, suburban, or rural
school districts as
outlined above.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, $350,000 in each fiscal year shall be used to
contract with the Center for Learning Excellence at The Ohio State
University to provide technical support for the project and the
completion of formative and summative evaluation of the grants.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $900,000 in each fiscal year shall be
used to support Amer-I-Can.
SCHOOL MANAGEMENT ASSISTANCE
The foregoing appropriation item 200-422, School Management
Assistance, shall be used by the Department of Education to
provide fiscal technical assistance and inservice education for
school district management personnel
and to administer, monitor,
and implement the fiscal watch and fiscal
emergency provisions
under Chapter 3316. of the Revised Code.
The foregoing appropriation item 200-424, Policy Analysis,
shall be used by the Department of Education to support a
system
of administrative, statistical, and legislative education
information to be used for policy analysis. Staff supported by
this appropriation shall administer the development of reports,
analyses, and briefings to inform education policymakers of
current
trends in education practice, efficient and effective use
of
resources, and evaluation of programs to improve education
results. The database shall
be kept current at all times. These
research efforts shall be used to
supply information and analysis
of data to the General Assembly
and other state policymakers,
including the Office of Budget and
Management and the Legislative
Service
Commission.
The Department of Education may use funding from this
appropriation
item to purchase or contract for the development of
software
systems or contract for policy studies that will assist
in
the provision and analysis of policy-related information.
Funding from this appropriation item also may be used to monitor
and enhance quality assurance for research-based policy analysis
and program evaluation to enhance the effective use of education
information to inform education policymakers.
Of the foregoing appropriation item 200-424, Policy Analysis,
up to $1,000,000 in each fiscal year may be used for the cost of
an independent evaluation of programs that have been funded to
improve public instruction. Specific programs to be evaluated
shall be determined by the Department of Education in consultation
with the Office of Budget and Management.
The foregoing appropriation item 200-425, Tech Prep
Administration, shall be used by the Department of Education to
support state-level activities designed to support, promote, and
expand tech prep programs. Use of these funds shall include, but
not be limited to, administration of grants, program evaluation,
professional development, curriculum development, assessment
development, program promotion, communications, and statewide
coordination of tech prep consortia.
OHIO EDUCATIONAL COMPUTER NETWORK
The foregoing appropriation item 200-426, Ohio Educational
Computer Network, shall be used by the Department of Education to
maintain a system of information technology throughout Ohio and
to
provide technical assistance for such a system in support of
the
State Education Technology Plan pursuant to section 3301.07
of the
Revised Code.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer
Network, up to $20,571,198 in fiscal year 2002 and up to
$21,188,334 in fiscal year
2003 shall be used by the Department of
Education to support connection of
all public school buildings to
the state's education network, to each other, and to the Internet.
In each
fiscal year the Department of Education shall use these
funds to help
reimburse data acquisition sites or school districts
for the operational costs
associated with this connectivity. The
Department
of Education shall develop a formula and guidelines for
the distribution of
these funds to the data acquisition sites or
individual school districts. As used in this section,
"public
school building" means a school building of any city, local,
exempted village, or joint vocational school district, or any
community school established under Chapter 3314. of the Revised
Code, or any educational service center building used for
instructional purposes.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer Network, up to $2,043,938 in fiscal year 2002 and up to
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog
and InfOhio Network.
The Department of Education shall use up
to $4,590,000 in
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to
assist designated
data acquisition sites with operational costs
associated with the increased
use
of the state's education network
by chartered nonpublic schools. The
Department of Education
shall
develop a formula and guidelines for
distribution of these funds
to designated data acquisition sites.
Of the foregoing appropriation item 200-426, Ohio Educational
Computer Network, $1,200,000 in each fiscal year shall be used by
the Department of Education to fund a grant to RISE, Inc., as
support to train preschool staff members and parents.
It is the intent of the General Assembly that the department,
in conjunction with RISE, Inc., shall develop a program that may
be conducted in conjunction with state-supported technology
programs including, but not limited to, SchoolNet Commission
appropriation item 228-406, Technical and Instructional
Professional Development, and appropriation item 228-539,
Education Technology, designed to educate preschool staff members
and providers on developmentally appropriate teaching methods and
to involve parents more closely in the education and development
of their children. The project shall include an interactive
instructional program, which shall be distributed to program
participants at up to 26 locations throughout the state. The
interactive instructional program shall be developed to enhance
the professional development, training, and performance of
preschool staff members; the education and care-giving skills of
the parents of preschool children; and the preparation of
preschool-aged children for learning.
The project shall utilize the grant to continue a
direct-service program that shall include at least three
teleconferences to be distributed by Ohio-based public television
utilizing satellite or microwave technology in a manner designed
to promote interactive communications between the program
participants located at sub-sites within the Ohio Educational
Broadcast Network or as determined by the commission. Program
participants shall communicate with trainers and participants at
other program sites through telecommunications and facsimile and
on-line computer technology. As much as possible, the project
shall utilize systems currently available in state-supported
technology programs and conduct the program in a manner that
promotes innovative, interactive communications between program
participants at all the sites. Parent support groups and teacher
training sessions shall supplement the teleconferences and shall
occur on a local basis.
RISE, Inc., may subcontract components of the project.
Individuals eligible to participate in the program include
those children, their parents, custodians, or guardians, and
preschool staff members who are eligible to participate in a
preschool program as defined in division (A) of section 3301.52
and section 5104.02 of the Revised Code.
(A) Up to $600,000 of the $1,200,000 in each fiscal year may
be used by RISE, Inc., to enter into a competitively bid contract
with a not-for-profit entity or entities to conduct a series of
training programs for adult volunteers who work with adolescent
youth in afterschool mentoring programs, including youth-serving
organizations such as Boy Scouts, Girl Scouts, Big Brothers, Big
Sisters, 4-H, and public school mentor programs. The series of
programs shall be designed to:
(1) Improve the quality and effectiveness of adult volunteers
so that they sustain their involvement with youth over time.
Specifically, the adult volunteers improve their ability to
motivate, supervise, and communicate with young people.
(2) Improve the quality and effectiveness of adult volunteers
so that the children they mentor, coach, teach, or befriend
sustain their involvement with youth-serving organizations over
time;
(3) Encourage collaboration between all Ohio youth-serving
organizations, including Boy Scouts, Girls Scouts, Big Brothers,
Big Sisters, 4-H, and others;
(4) Provide cost-efficient, sustainable distance learning to
both rural and urban sites.
(B) In order to be eligible for the contract with RISE, Inc.,
program participants shall be able to demonstrate that leading
national experts in adolescent development intervention programs
will be utilized and that the program will use a variety of
media to engage participants and help them learn the goals of the
program. The program shall be designed to focus on the adult
volunteers who assist in youth development. Training content shall
focus on:
(1) Development issues for youth;
(2) Best practices to motivate, guide, and communicate with
these young people;
(3) Strategies for successful adult-to-adult interpersonal
relationships that are necessary for ongoing learning and support.
The program may include: two three-hour broadcast seminars
from a central up-link station, distributed in up to 88 counties;
corporate settings and extension offices with on-site facilitated
discussion and exercises; high production-value video sought in
various locations; and direct interactive adult learning
activities. The program shall develop program workbooks and
involve at least three small group-facilitated follow-up
discussion workshops and development and distribution of at least
two home videos. The program shall also provide Internet access,
interactive lines, bulletin board, and CD-ROM.
Upon completion of each of the school years for which the
grant was made, RISE, Inc., shall issue a report to the commission
and the members of the General Assembly explaining the goals and
objectives determined, the activities implemented, the progress
made toward the achievement of the goals and objectives, and the
outcome of the project.
The remainder in each fiscal year of appropriation item
200-426, Ohio Educational Computer Network, shall be used to
support development, maintenance, and operation of a network of
uniform and compatible computer-based information and
instructional systems. The technical assistance shall include, but
not be restricted to, development and maintenance of adequate
computer software systems to support network activities. Program
funds may be used, through a formula and guidelines devised by the
department, to subsidize the activities of not more than 24
designated data acquisition sites, as defined by State Board of
Education rules, to provide school districts and chartered
nonpublic schools with computer-based student and teacher
instructional and administrative information services, including
approved computerized financial accounting, and to ensure the
effective operation of local automated administrative and
instructional systems. To broaden the scope of the use of
technology for education, the department may use up to $250,000 in
each fiscal year to coordinate the activities of the computer
network with other agencies funded by the department or the state.
In order to improve the efficiency of network activities, the
department and data acquisition sites may jointly purchase
equipment, materials, and services from funds provided under this
appropriation for use by the network and, when considered
practical by the department, may utilize the services of
appropriate state purchasing agencies.
The foregoing appropriation item 200-427, Academic Standards,
shall be used by the Department of Education to develop and
disseminate academic content standards. These funds shall be used
to develop academic content standards and curriculum models and to
fund communication of expectations to teachers, school districts,
parents, and communities.
Section 4.07. SCHOOL IMPROVEMENT INITIATIVES
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $3,700,000 in fiscal
year 2002
shall be used to continue previously awarded venture capital
grants of $25,000 to 148 schools
and up to $975,000 in fiscal year
2003 shall be used to continue previously awarded venture capital
grants of
$25,000 to 39 schools.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, $4,500,000 in fiscal year 2002 and
$5,000,000 in fiscal
year 2003 shall be used for the development
and distribution of
school report cards pursuant
to section
3302.03 of the Revised Code, for the
development of core
competencies for the proficiency tests, and to
support the
recommendations of the Governor's Commission for Student
Success.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives,
$7,500,000 in fiscal year 2002 and
$8,500,000 in fiscal year 2003 shall be
used to provide technical
assistance to school districts that are declared to
be in a state
of academic watch or academic emergency under section 3302.03 of
the Revised Code to develop their continuous improvement plans as
required in
section 3302.04 of the Revised Code.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $152,998 in fiscal year 2002 and
up
to $156,441 in fiscal year 2003 shall be used to support a
teacher-in-residence at the Governor's office and related support
staff, travel
expenses, and administrative overhead.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $250,000 in fiscal year 2002 and up
to $300,000 in fiscal year 2003 shall be used to implement the
Criteria for Performance Excellence with the Department of
Education and selected school districts. Up to $25,000 in fiscal
year 2002 and up to $30,000 in fiscal year 2003 may be allocated
for evaluation and administration. The remainder of the
appropriation shall be used to provide district grants of up to
$2,250 each in fiscal year 2002 and up to $2,700 each in fiscal
year 2003 to 100 school districts.
Funds shall support the integrated management system of
performance excellence through continuous improvement to support
state school standards, ongoing professional development, and
quality tools; to encourage and reward knowledge and skill; and to
create and implement print and electronic knowledge sharing to
improve student achievement.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $1,500,000 in fiscal year 2002 and
up to $3,500,000 in fiscal year 2003 shall be used to support
initiatives related to increasing access to advanced placement
courses on the Internet.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $600,000 in fiscal year 2002 and up
to $780,000 in fiscal year 2003 shall be used to ensure that
school operating standards are developed and communicated.
Of the foregoing appropriation item 200-431, School
Improvement Initiatives, up to $513,639 in fiscal year 2002 and up
to $529,301 in fiscal year 2003 shall be used to support the
Department of Education's customer response system.
SCHOOL CONFLICT MANAGEMENT
Of the foregoing appropriation item 200-432, School Conflict
Management,
amounts shall be used by the Department of Education
for the purpose of
providing dispute resolution and conflict
management training, consultation,
and materials for school
districts, and for the purpose of providing
competitive
school
conflict management grants to school districts.
The Department of Education shall assist the Commission on
Dispute Resolution
and Conflict Management in the development and
dissemination of the school
conflict management
program. The
assistance provided
by the Department of Education shall include
the assignment of a
full-time employee of the department to the
Commission on Dispute
Resolution and Conflict Management to
provide technical and
administrative support to maximize the
quality of dispute
resolution and conflict management programs and
services provided
to school districts.
READING/WRITING IMPROVEMENT
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement, up to $12,396,970 in each fiscal year shall be used
for professional development in literacy for classroom teachers,
administrators, and literacy specialists.
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement, up to $6,500,000 in fiscal year 2002 and up to
$13,000,000 in fiscal year 2003 shall be used to support half-time
literacy specialists in eligible elementary school buildings. The
Department of Education shall develop guidelines for the
allocation of these funds and provide equalized state share
funding to identified eligible districts.
Of the foregoing appropriation item 200-433, Reading/Writing
Improvement, up to $1,780,268 in fiscal year 2002 and up to
$1,815,874 in fiscal year 2003 shall be used by the Department of
Education to fund the Reading Recovery Training Network, to cover
the cost of release time for the teacher trainers, and to provide
grants to districts to implement other reading improvement
programs on a pilot basis. Funds for this appropriation item may
also be used to conduct evaluations of the impact and
effectiveness of Reading Recovery and other reading improvement
programs.
The remainder of appropriation item 200-433, Reading/Writing
Improvement, shall be used by the Department of Education to
develop and support reading and writing improvement programs by
providing a common assessment/profile instrument for elementary
school buildings, literacy specialist support and training
programs, and incentives for teachers to complete professional
development programs.
The foregoing appropriation item 200-437, Student
Assessment,
shall be used to develop, field test, print,
distribute, score,
and report results from the tests required
under sections
3301.0710 and 3301.0711 of
the Revised Code and for similar
purposes as required by section
3301.27 of the Revised Code.
Of the foregoing appropriation item 200-438, Safe Schools,
$250,000 in each fiscal year shall be used for the development and
operation of a Safe Schools Center. The Department of Education
shall oversee the creation of a center to serve as a coordinating
entity to assist school district personnel, parents, juvenile
justice representatives, and law enforcement in identifying
effective strategies and services for improving school safety and
reducing threats to the security of students and school personnel.
Of the foregoing appropriation item 200-438, Safe Schools, up
to $1,800,000 in each fiscal year shall be used for a safe-school
help line program for students, parents, and the community to
report threats to the safety of students or school personnel. The
Department of Education shall establish criteria to distribute
these funds to school districts whose superintendents indicate the
program would be a meaningful aid to school security.
Of the foregoing appropriation item 200-441, American Sign
Language, up to $153,000 in fiscal year 2002 and up to $156,060
in fiscal year 2003
shall be used to implement pilot projects for
the integration of
American Sign Language deaf language into the
kindergarten
through twelfth-grade curriculum.
The remainder of the appropriation shall be used by the
Department of Education to provide supervision and consultation
to
school districts in dealing with parents of handicapped
children
who are deaf or hard of hearing, in integrating American
Sign
Language as a foreign language, and in obtaining
interpreters and
improving their skills.
The foregoing appropriation item 200-442, Child Care
Licensing, shall be used
by the Department of Education to license
and to inspect preschool and
school-age child care programs in
accordance with sections 3301.52 to 3301.59
of the Revised Code.
Of the foregoing appropriation item 200-444, Professional
Recruitment, $1,300,000 in each fiscal year shall be used by the
Department of Education to establish programs targeted at
recruiting underrepresented populations into the teaching
profession. In each year, the recruitment programs shall include,
but not be limited to, alternative teacher licensure or
certification programs emphasizing the recruitment of highly
qualified minority candidates into teaching, including emphasizing
the recruitment of highly qualified minority candidates into
teaching positions in schools that have a high percentage of
minority students. The recruitment programs also shall target
recruiting qualified candidates available as a result of
downsizing of the military and business sectors. Funding also
shall be targeted to statewide, regional, and local programs that
are competitively selected as promising programs demonstrating the
potential of significantly increasing Ohio's minority teaching
force.
The remainder of appropriation item 200-444 shall be used by
the Department of Education for recruitment programs targeting
special needs areas: recruiting prospective mathematics and
science teachers, recruiting special educators, recruiting
principals, developing a web-based placement bureau, establishing
a pre-collegiate program to target future teachers, and piloting
paraeducators-to-teacher programs.
OHIOREADS ADMIN/VOLUNTEER SUPPORT
The foregoing appropriation item 200-445, OhioReads
Admin/Volunteer Support,
may be allocated by the OhioReads Council
for volunteer coordinators in
public school buildings, to
educational service centers for costs associated
with volunteer
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with
administering the program.
Section 4.08. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200-446, Education
Management
Information System, shall be used by the Department of
Education to provide school districts
with the means to implement
local automated information systems and to implement, develop, and
improve the
Education Management
Information System (EMIS) for the
common student information management software developed by the
Department of Education.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $1,100,000 in fiscal year
2003
may be used by the Department of Education to assist
designated data
acquisition sites or school districts with
deployment and implementation of the common student
management
record system software, and for
hardware, personnel, equipment,
staff development, software, and
forms modification, as well as to
support EMIS special report
activities in the department.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $2,213,639 in fiscal year
2002 and up to $1,476,760 in
fiscal year 2003 shall be distributed
to designated data
acquisition sites for costs relating to
processing, storing,
and transferring data for the effective
operation of the
EMIS. These costs may include, but are not
limited to,
personnel, hardware, software development,
communications
connectivity, professional development, and support
services, and
to provide services to participate in the State
Education
Technology Plan pursuant to section 3301.07 of the
Revised Code.
Of the foregoing appropriation item 200-446, Education
Management Information System, up to $7,763,297 in fiscal year
2002 and up to $8,999,708 in
fiscal year 2003 shall be distributed
to school districts, community schools established under Chapter
3314. of the Revised Code, education service centers, and
joint
vocational school districts on a per-pupil basis. From
this
funding, each school district or community school established
under Chapter 3314. of the Revised Code with enrollment greater
than 100
students and each vocational school district shall
receive a
minimum of $5,000 for each year of the biennium. Each
school
district or community school established under Chapter
3314. of the Revised Code with enrollment between one and one
hundred and each
education service center and each county board of
MR/DD that submits data through EMIS shall receive $3,000 for each
year of
the biennium. This money shall be used for costs
associated with
the development and operation of local automated
record-based
information systems that provide data as required by
the education
management information system, and facilitate local
district,
school, and classroom management activities.
GED TESTING/ADULT HIGH SCHOOL
The foregoing appropriation item 200-447, GED Testing/Adult
High School, shall be used to provide General Educational
Development (GED) testing at no cost to applicants,
pursuant to
rules adopted by the State Board of Education. The Department
of
Education shall reimburse school districts and community schools,
created
in accordance with Chapter 3314. of the Revised Code,
for
a portion of the costs incurred in providing summer instructional
or
intervention services to students who have not graduated due to
their
inability to pass one or more parts of the state's ninth
grade proficiency
test. School districts shall also provide such
services to students who are
residents of the district pursuant to
section 3313.64 of the Revised Code, but
who are enrolled in
chartered, nonpublic schools. The services shall be
provided in
the public school, in nonpublic schools, in public centers, or in
mobile units located on or off the nonpublic school premises. No
school
district shall provide summer instructional or intervention
services to
nonpublic school students as authorized by this
section unless such services
are available to students attending
the public schools within the district.
No school district shall
provide services for use in religious courses,
devotional
exercises, religious training, or any other religious activity.
Chartered, nonpublic schools shall pay for any unreimbursed costs
incurred by school districts for providing summer costs incurred
by school
districts for providing summer instruction or
intervention services to
students enrolled in chartered, nonpublic
schools. School
districts may provide these services to students
directly or
contract with postsecondary or nonprofit
community-based institutions in
providing instruction. The
appropriation also shall be used for
state reimbursement to
school districts for adult high school
continuing education
programs pursuant to section 3313.531 of the
Revised Code or for
costs associated with awarding adult high
school diplomas under
section 3313.611 of the Revised Code.
Of the foregoing appropriation item 200-455, Community
Schools, up
to $100,000 in each fiscal year may be used by the
Lucas County
Educational Service Center to pay for additional
services
provided to community schools, subject to the reporting
by the service
center of actual expenses incurred to the
Department of Education. Up to
$1,628,935 in fiscal year 2002 and
up to
$1,724,517 in fiscal year 2003 may be used by the Office of
School Options in the Department of Education for additional
services and responsibilities under section 3314.11 of the Revised
Code.
The remaining appropriation may be used by the Department of
Education and the Lucas County Educational Service Center to make
grants of up to $50,000 to each proposing group with a preliminary
agreement obtained under division (C)(2) of section 3314.02 of
the
Revised Code
in order to defray planning
and initial start-up
costs. In the first year of operation of a community
school, the
Department of Education and the Lucas County Educational Service
Center may make a grant of no more than $100,000 to the governing
authority of the school to partially defray additional start-up
costs. The amount of the grant shall be based on a thorough
examination of the needs of the community school. The Department
of Education and the Lucas County Educational Service Center shall
not utilize moneys received under this section for any other
purpose other than those specified under this section. The
department shall allocate an amount to the Lucas County
Educational Service Center for grants to schools in the Lucas
County
area under this paragraph.
A community school awarded start-up grants from appropriation
item 200-613,
Public Charter Schools (Fund 3T4), shall not be
eligible for
grants under this section.
Section 4.09. SCHOOL FINANCE EQUITY
The foregoing appropriation item 200-500, School Finance
Equity, shall be
distributed to school districts in fiscal year
2002 based on the formula specified in section
3317.0213 of the
Revised Code.
Section 4.10. BASE COST FUNDING
Of the foregoing appropriation item 200-501, Base Cost
Funding,
up to $425,000 shall be expended in each year of the
biennium for
court payments pursuant to section 2151.357 of the
Revised Code;
an amount shall be
available each year of the
biennium for the cost of the
reappraisal guarantee pursuant to
section 3317.04 of the Revised
Code; an amount shall be available
in each year of the biennium to fund up to
225 full-time
equivalent approved GRADS teacher grants pursuant to
division (R)
of section 3317.024 of the Revised Code; an amount shall be
available in each year of the biennium to make
payments to school
districts pursuant to division (A)(2) of section 3317.022
of the
Revised Code; and up to $15,000,000 in each year of the biennium
shall be
reserved for payments pursuant to sections 3317.026,
3317.027,
and 3317.028 of the Revised Code except that the
Controlling
Board may increase the $15,000,000 amount if presented
with such a
request from the Department of Education. Of the
foregoing
appropriation item 200-501, Base Cost Funding,
up to
$14,000,000 shall be used in each fiscal year to provide
additional
state aid to school districts for special education
students pursuant to division (C)(4) of section 3317.022
of the
Revised Code; up to $2,000,000 in each year of the
biennium shall
be reserved for Youth Services tuition payments
pursuant to
section 3317.024 of the Revised Code; and
up to $52,000,000 in
each fiscal year shall be
reserved to fund the state reimbursement
of educational service centers
pursuant to section 3317.11 of the
Revised Code.
Of the foregoing appropriation item 200-501, Base Cost
Funding, up to $10,000,000 in fiscal year 2003 shall be expended
by the Department of Education to provide temporary transitional
aid to school districts with an
exceptionally high dependence on
inventory generated tangible personal property tax
revenues.
Distribution of these funds shall be based on criteria and a
formula developed by the Office of
Budget and Management and the
Department of Taxation.
Of the foregoing appropriation item 200-501, Base Cost
Funding, up
to $1,000,000 in each fiscal year shall be
used by the
Department of Education for a pilot program to pay
for educational
services for youth who have been assigned by a
juvenile court or
other authorized agency to any of the facilities described
in
division (A) of the section titled
"Private Treatment Facility
Pilot
Project."
The remaining portion of appropriation item 200-501, Base
Cost Funding, shall be
expended for the public
schools of city,
local, exempted village,
and joint vocational school districts,
including base cost
funding, special education weight funding,
special education
speech service enhancement funding, vocational
education weight
funding, vocational education associated service
funding,
guarantee funding, and teacher training and experience
funding
pursuant to sections 3317.022, 3317.023, 3317.0212, and
3317.16 of
the Revised Code.
Section 4.11. PUPIL TRANSPORTATION
Of the foregoing appropriation item 200-502, Pupil
Transportation, up to $800,000 in fiscal year 2002 and up to
$822,400 in fiscal year 2003 may be used by the Department of
Education for training prospective and experienced
school bus
drivers in accordance with training programs
prescribed by the
department; an amount shall be available in each year of the
biennium to be used for special education transportation
reimbursements. The
reimbursement rate in each year shall be
based on the rate defined in division
(D) of section 3317.022 of
the Revised Code. The remainder of appropriation item 200-502,
Pupil Transportation, shall be used for the state reimbursement of
public school districts' costs in transporting pupils to and from
the school they attend in accordance with the district's
policy,
State Board of Education standards, and the Revised Code.
The foregoing appropriation item 200-503, Bus Purchase
Allowance, shall be distributed to school districts and
educational service
centers pursuant to
rules adopted under
section 3317.07 of the Revised Code. Up to
25 per cent of the
amount appropriated may be used to reimburse
school districts and
educational service centers for the purchase of buses to
transport
handicapped and nonpublic school students.
The foregoing appropriation item 200-505, School Lunch
Match,
shall be used to provide matching funds to obtain federal
funds
for the school lunch program.
Section 4.12. ADULT LITERACY EDUCATION
The foregoing appropriation item 200-509, Adult Literacy
Education, shall be used to support adult basic and literacy
education instructional programs and the State Literacy Resource
Center Program.
Of the foregoing appropriation item 200-509, Adult
Literacy
Education, up to $543,150 in fiscal
year 2002 and up to $554,013
in fiscal year 2003 shall be used
for the support and operation
of
the State Literacy Resource Center.
The remainder shall be used to continue to satisfy the
state
match and maintenance of effort requirements for the support and
operation of the
Department of Education-administered
instructional grant program
for adult basic and literacy education
in accordance with the
department's state plan for adult basic and
literacy education as
approved by the State Board of Education and
the Secretary of the
United States Department of Education.
The foregoing appropriation item 200-511, Auxiliary
Services,
shall be used by the State Board of Education for the
purpose of
implementing section 3317.06 of the Revised Code. Of
the
appropriation, up to $1,250,000 in fiscal year 2002 and up to
$1,500,000 in fiscal year 2003 may be used for payment of the
Post-Secondary Enrollment
Options Program for nonpublic students
pursuant to section
3365.10 of the Revised Code.
STUDENT INTERVENTION SERVICES
The foregoing appropriation item 200-513, Student
Intervention Services,
shall be used to assist districts
providing
the intervention services specified in section 3313.608 of the
Revised Code.
The Department of Education
shall establish
guidelines for the use and distribution of these moneys. School
districts receiving funds from this appropriation shall report to
the Department of Education on how funds were used.
POST-SECONDARY/ADULT VOCATIONAL EDUCATION
The foregoing appropriation item 200-514,
Post-Secondary/Adult Vocational Education, shall be used by the
State Board of Education to provide post-secondary/adult
vocational education under sections 3313.52 and 3313.53 of
the
Revised Code.
Of the foregoing appropriation item 200-514,
Post-Secondary/Adult Vocational Education, up to $500,000
in each
fiscal year shall be allocated for the Ohio Career
Information
System (OCIS) and used for the dissemination of
career information
data to public schools, libraries, rehabilitation centers, two-
and four-year colleges and universities, and other governmental
units.
Of the foregoing appropriation item 200-514,
Post-Secondary/Adult Vocational
Education, up to $30,000 in each
fiscal year shall be used for the statewide
coordination of the
activities of the Ohio Young Farmers.
Of the foregoing appropriation item 200-514,
Post-Secondary/Adult Vocational Education, $2,500,000 in each
fiscal year shall be allocated as an incentive to support local
EnterpriseOhio Network campus/adult workforce education center
partnerships. The purpose of the partnerships is to promote and
deliver coordinated, comprehensive training to local employers.
Each partnership shall include a formal agreement between one or
more EnterpriseOhio Network campus and one or more adult workforce
education center for the delivery of training services. The
Department of Education and Board of Regents shall jointly award
funds to certified EnterpriseOhio Network campus/adult workforce
education center partnerships to offer training grants to eligible
companies. A certified EnterpriseOhio Network campus/adult
workforce education center partnership is one that has been
documented and approved by the Board of Regents and the
Department of Education according to partnership criteria
established jointly by the two agencies. An eligible company is
one that meets the funding criteria of the Targeted Industries
Training Grant Program. The amount set aside for the partnerships
is designed to match an equal appropriation in the Board of
Regents appropriation item 235-415, Jobs Challenge. The Board of
Regents appropriation also serves as a partnership building
incentive by allocating funds to local EnterpriseOhio Network
campus/adult workforce education center partnerships.
DISADVANTAGED PUPIL IMPACT AID
The foregoing appropriation item 200-520, Disadvantaged
Pupil
Impact Aid, shall be distributed to school districts according to
section
3317.029 of the Revised Code.
However, no money shall be
distributed for all-day kindergarten to any school district whose
three-year
average formula ADM exceeds 17,500 but whose DPIA index
is not at least equal
to 1.00 in fiscal year 2002 or 0.6 in fiscal
year 2003, unless the Department of Education
certifies that
sufficient funds
exist in this appropriation to
make all other
payments required by section
3317.029 of the
Revised Code.
The Department of Education shall pay all-day, everyday
kindergarten funding
to all school districts in fiscal year 2002
and fiscal year 2003 that
qualified for and provided the service
in a preceding fiscal year pursuant to
section
3317.029 of the
Revised Code, regardless of changes to such districts'
DPIA
indexes in fiscal year 2002 and fiscal year 2003.
The Department of Education shall pay to community
schools an
amount for all-day kindergarten if the school district in which
the
student is entitled to attend school is eligible but does not
receive a
payment for all-day kindergarten, pursuant to division
(B) of section
3314.13 of the Revised Code, and the student is
reported by
the community school as enrolled in all-day
kindergarten at the community
school.
Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
up to $3,200,000 in fiscal year 2002 and up to
$3,300,000 in fiscal year 2003
shall be used for school breakfast
programs. Of these amounts, up to
$500,000
shall be used each
year by the Department of Education to provide start-up
grants to
rural school districts and to school districts with less than
1,500
ADM that start school breakfast programs. The
remainder of
the appropriation shall be used to: (1) partially
reimburse
school buildings within school districts that are required to have
a
school breakfast program pursuant to section 3313.813 of the
Revised Code, at
a rate decided by the department, for each
breakfast served to any pupil
enrolled in the district; (2)
partially reimburse districts participating in
the National School
Lunch Program that have at least 20 per cent of students
who are
eligible for free and reduced meals according to federal
standards, at
a rate decided by the department; and (3) to
partially reimburse
districts participating in the National School
Lunch Program for breakfast
served to children eligible for free
and reduced meals enrolled in the
district, at a rate decided by
the department.
Of the portion of the funds distributed to the Cleveland City
School
District under section 3317.029 of the Revised Code
calculated under division (F)(2) of that section, up to
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal
year 2003
shall be used to operate the pilot school
choice program
in the Cleveland City School District pursuant to sections
3313.974 to 3313.979 of the Revised Code.
Of the foregoing appropriation item 200-520, Disadvantaged
Pupil Impact Aid,
$1,000,000 in each fiscal year shall be used
to
support dropout recovery programs
administered by the Department
of Education, Jobs for Ohio's Graduates
Program.
Section 4.13. GIFTED PUPIL PROGRAM
The foregoing appropriation item 200-521, Gifted Pupil
Program, shall be used
for gifted education units not to exceed
1,050 in fiscal year 2002 and 1,100 in
fiscal year 2003 pursuant
to
division (P) of section 3317.024 and
division (F) of section
3317.05 of
the Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, up to
$5,000,000 in each fiscal year of the biennium may
be used as an additional
supplement for identifying gifted
students pursuant to Chapter 3324. of the
Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil
Program, the
Department of Education may expend up to $1,000,000
each
year for the Summer Honors Institute for
gifted freshman and
sophomore high school students. Up to $600,000 in each
fiscal
year shall be used for research and demonstration projects. Up to
$70,000 in each year shall be used for the Ohio
Summer School for
the
Gifted (Martin Essex Program).
Section 4.14. EDUCATIONAL EXCELLENCE AND COMPETENCY
Of the foregoing appropriation item 200-524, Educational
Excellence and
Competency, up to $125,000 in each year of the
biennium may be used
to support the Aid for College Opportunities
Program.
Of the foregoing appropriation item 200-524, Educational
Excellence and
Competency, $25,000 in each fiscal year shall be
used to support the purchase
of the
"I Know I Can" book and
supporting materials for second grade students
in school districts
in which at least fifty per cent of elementary school
students
receive free or reduced lunch.
Of the foregoing appropriation item 200-524, Educational
Excellence and Competency, up to $645,000 in each fiscal year
shall be used to support the Columbus City District's
"I Know I
Can" Program.
Of the foregoing appropriation item 200-524, Educational
Excellence and Competency, up to $645,000 in fiscal year 2002 and
up to $780,450 in fiscal year 2003 shall be used to support the
Dayton-Montgomery County Scholarship Program.
Of the foregoing appropriation item 200-524, Educational
Excellence and Competency, up to $550,000 in fiscal year 2002 and
up to $605,000 in fiscal year 2003 shall be used to support the
Cleveland Scholarship Program.
Of the foregoing appropriation item 200-524, Educational
Excellence and Competency, up to $709,500 in fiscal year 2002 and
up to $780,450 in fiscal year 2003 shall be used to support the
Cincinnati Scholarship Foundation.
NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT
The foregoing appropriation item 200-532, Nonpublic
Administrative Cost Reimbursement, shall be used by the State
Board of Education for the purpose of implementing section
3317.063 of the Revised Code.
The foregoing appropriation item 200-534, Desegregation
Costs, shall be used to pay the legal fees
associated
with
desegregation cases brought against the state.
As part of managing state desegregation costs, any board
of
education of a school district subject to a federal court
desegregation order that requires the district board to bus
students for the purpose of racial balance shall, within one year
after the effective date of this section:
(1) Update its plan required under Am. Sub. H.B. 298 of
the
119th General Assembly designed to satisfy the court so as to
obtain release from the court's desegregation order; and
(2) Submit an updated copy of the plan to the State Board of
Education.
Upon request of the district board, the State Board
shall provide
technical assistance to the school district board in
developing a
plan.
Within ninety days after the date on which the plan is
submitted
to the State Board of Education, the district board, or
the
district board and
the State Board of Education jointly if
both
are parties to the
desegregation
case, shall submit the plan
to
the court and apply for release
from the court's desegregation
order.
Section 4.15. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to $50,295,000 in
fiscal year 2002 and
up to $52,809,750 in fiscal year 2003 shall be used to
fund
special education and related services at
county boards of mental
retardation and developmental disabilities for
eligible students
under section 3317.20 of the
Revised Code. Up
to
$2,500,000 shall
be used in each fiscal year
to fund up to 57
special education
classroom and related services
units at
institutions.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, up to
$3,293,959 in fiscal year 2002 and
up to
$3,425,717 in fiscal year 2003
shall be used for home
instruction
for
handicapped children; up to
$1,500,000 in each
fiscal year
shall be used for parent mentoring programs;
and up
to
$2,744,966
in fiscal year 2002 and up to $2,854,764 in fiscal year
2003 may be
used
for school psychology interns.
Of the foregoing appropriation item 200-540, Special
Education Enhancements, $3,852,160 in fiscal year 2002 and up to
$4,006,246 in
fiscal year 2003 shall
be used by the Department of
Education to assist school
districts in funding aides pursuant to
paragraph
(A)(3)(c)(i)(b) of rule
3301-51-04 of the Administrative
Code.
Of the foregoing appropriation item 200-540, Special
Education Enhancements,
$78,623,506 in each
fiscal year shall be
distributed by
the
Department of Education to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts for preschool
special
education units and
preschool supervisory units in accordance with
section 3317.161 of
the Revised Code. The department
may
reimburse county boards of
mental retardation and developmental
disabilities, educational
service centers, and school districts
for related
services as
defined in rule 3301-31-05 of the
Administrative Code, for
preschool
occupational and physical
therapy services provided by a
physical
therapy assistant and
certified occupational therapy
assistant,
and for an instructional
assistant. To the greatest
extent possible, the
Department of
Education shall allocate these
units to school
districts and
educational service centers. The
Controlling
Board may approve
the transfer of unallocated funds
from
appropriation item 200-501,
Base Cost Funding, to
appropriation item 200-540, Special
Education Enhancements, to
fully fund existing units as
necessary
or to fully fund additional
units. The Controlling
Board may
approve the transfer of
unallocated funds from
appropriation item
200-540,
Special
Education Enhancements, to appropriation
item
200-501, Base Cost
Funding,
to fully fund the special education
weight cost funding.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards serving
preschool children with disabilities to document child progress
using a common instrument prescribed by the department and report
results annually. The reporting dates and methodology shall be
determined by the department.
The department shall adopt rules addressing the use of
screening
and assessment data including, but not limited to:
(1) Protection of
the identity of individual children
through assignment of a unique,
but not personally identifiable,
code;
(3) Use of the child data by school personnel as it relates
to kindergarten
entrance.
Of the foregoing appropriation item 200-540, Special
Education
Enhancements, up to $808,081 in fiscal year 2002 and up
to $832,323 in fiscal year 2003 shall
be
allocated to provide
grants to research-based reading mentoring
programs for students
with disabilities in kindergarten through
fourth grade. Priority
shall be given to mentoring programs that
have been recognized by
the Education Commission of the States as
promising educational
practices for accelerating student
achievement, are easily
replicated, have strong evaluative
components, and have goals
aligned to the Ohio Proficiency Test.
Programs may be implemented
at times deemed most appropriate.
Certified staff shall
administer these programs and testing of
participants shall be
required prior to, during, and after
participation in these
programs. The results of the tests shall
be reported to the
Governor, Superintendent of Public Instruction,
and General
Assembly.
Of the foregoing appropriation item 200-540, Special
Education
Enhancements, up to $86,000
in each fiscal year shall be
used to conduct a
collaborative pilot
program to provide
educational services and
develop best
educational practices for
autistic children. The
pilot program
shall include, but not be
limited to, the
involvement of the Wood
County Board of Mental
Retardation and
Developmental Disabilities,
Wood County
Educational Services
Center, Children's Resource
Center of Wood
County, and the Family
and Children First Council of Wood
County.
Of the foregoing appropriation item 200-540, Special
Education
Enhancements, up to $303,030 in fiscal year 2002 and up
to $312,121 in fiscal year 2003 shall
be expended
to conduct a
demonstration project involving language
and literacy
intervention
teams supporting student acquisition of
language and
literacy
skills. The demonstration project shall
demonstrate
improvement
of language and literacy skills of at-risk
learners
under the
instruction of certified speech language
pathologists
and
educators. Baseline data shall be collected and
comparison
data
for fiscal year 2002 and fiscal year 2003 shall be
collected
and
reported to the Governor, OhioReads Council,
Department of
Education, and the General Assembly.
Section 4.16. VOCATIONAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200-545, Vocational
Education Enhancements, up to
$2,616,001 in
each fiscal year shall
be used to fund vocational
education units at
institutions. Up
to
$10,972,500 in each fiscal year shall be used to
fund the Jobs for
Ohio Graduates
(JOG) program.
Of the foregoing appropriation item 200-545, Vocational
Education
Enhancements, up to $5,250,000 in fiscal year 2002 and
up to $6,000,000 in
fiscal year 2003 shall be used by the
Department of Education to fund
competitive grants to tech prep
consortia that expand the number of students
enrolled in tech prep
programs. These grant funds shall be used to directly
support
expanded tech prep programs provided to students enrolled in
school
districts, including joint vocational school districts, and
affiliated higher education institutions.
If federal funds for vocational
education cannot be used for
local school district leadership without
being matched by state
funds, then an amount as determined by the
Superintendent of
Public Instruction shall be made
available from
state funds
appropriated for vocational education. If any state
funds are
used for this purpose, federal funds in an equal amount
shall be
distributed for vocational education in accordance with
authorization of the state plan for vocational education for Ohio
as approved by the Secretary of the United States
Department of
Education.
Of the foregoing appropriation item 200-545, Vocational
Education Enhancements, $6,451,490 in each fiscal year shall be
used to enable students to
develop career plans, to
identify
initial educational and career
goals, and to develop a career
passport that provides a clear
understanding of the student's
knowledge, skills, and credentials
to present to future employers,
universities, and other training
institutes. The amount shall be
allocated to
school districts
pursuant to guidelines
developed by
the Department of Education
for programs
described in section
3313.607 of the Revised Code for
children in the
kindergarten
through twelfth grades. Funds so
allocated shall be used for
educational materials, services,
career information, curriculum
development,
staff development,
mentorships, career exploration,
and career assessment
instruments
as needed to develop
individualized career plans and passports.
Of the foregoing appropriation item 200-545, Vocational
Education Enhancements,
$5,707,573 in
each fiscal year shall be
used to provide
an amount
to each eligible school district for the
replacement or
updating
of equipment essential for the instruction
of students
in job
skills taught as part of a vocational program
or programs
approved
for such instruction by the State Board of
Education. School
districts replacing or updating vocational
education equipment may
purchase or
lease such equipment. The
Department of Education
shall
review and approve all equipment
requests and may allot
appropriated funds to
eligible
school
districts on the basis of
the number of full-time equivalent
workforce
development
teachers
in all eligible districts making
application for funds.
The State Board of Education may adopt standards
of need for
equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education,
appropriated
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall
be
provided to a school district on a 30, 40, or 50 per cent of
cost
on the basis of a district vocational priority index rating
developed by the Department of Education for all districts
each
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and
shall include other socio-economic factors as determined by the
State Board of Education.
Of the foregoing appropriation item
200-545, Vocational
Education Enhancements, up to $6,400,000 in
fiscal year 2002 and
up to $9,600,000 in fiscal year 2003 shall be
used to support
existing High Schools That Work (HSTW) sites,
develop new sites,
fund technical assistance, and support regional
centers and middle
school programs. The purpose of HSTW is to
combine challenging
academic courses and modern vocational and
technical studies to
raise the academic achievement of students.
It provides intensive
technical assistance, focused staff
development, targeted
assessment services, and ongoing
communications and networking
opportunities.
Section 4.17. CHARGE-OFF SUPPLEMENT
The foregoing appropriation item 200-546, Charge-Off
Supplement, shall be used
by the Department of Education to make
payments pursuant to section 3317.0216
of the Revised Code.
The foregoing appropriation item 200-547, Power Equalization,
shall be used by
the Department of Education to make payments
pursuant to section 3317.0215 of
the Revised Code.
COUNTY MR/DD BOARDS - VEHICLE PURCHASES
The foregoing appropriation item 200-552, County MR/DD
Boards
Vehicle Purchases, shall be used to provide financial
assistance
to MR/DD boards for the purchase of vehicles as
permitted in
section 3317.07 of the Revised Code.
COUNTY MR/DD BOARDS - TRANSPORTATION
The foregoing appropriation item 200-553, County MR/DD
Boards
Transportation Operating, shall be used to provide
financial
assistance for transportation operating costs as
provided in
division (M) of
section 3317.024 of the Revised Code.
EMERGENCY LOAN INTEREST SUBSIDY
The foregoing appropriation item 200-558, Emergency Loan
Interest Subsidy, shall be used to provide a subsidy to
school
districts receiving emergency school loans pursuant to section
3313.484
of the Revised Code. The subsidy shall be used to pay
these districts the
difference between
the amount of interest the
district is paying on an emergency loan, and the
interest that the
district would have paid if the interest rate on the loan
had been
two per cent.
Section 4.18. OHIOREADS GRANTS
Of the foregoing appropriation item 200-566, OhioReads
Grants, $23,800,000
each
year shall be disbursed by the OhioReads
Office in the Department of Education
at the direction of the
OhioReads Council to provide classroom grants to
public schools
in
city, local, and exempted village school districts;
community
schools; and educational service centers serving kindergarten
through fourth
grade students.
Of the foregoing appropriation item 200-566, OhioReads
Grants, $5,000,000 each
year shall be disbursed by the OhioReads
Office in the Department of Education
at the direction of the
OhioReads Council to provide community matching
grants
to
community organizations and associations, libraries, and others
for
tutoring, tutor recruitment and training, and parental
involvement.
Grants awarded by the OhioReads Council are intended to
improve reading
outcomes, especially on the fourth grade reading
proficiency test.
SCHOOL IMPROVEMENT INCENTIVE GRANTS
Of the foregoing appropriation item 200-570, School
Improvement Incentive
Grants, $2,000,000 in fiscal year 2002 and
$2,500,000 in fiscal 2003 shall
be used to provide grants of
$25,000
per building for improvements
in reading performance based
on selection
criteria developed by
the OhioReads Council.
Of the foregoing appropriation item 200-570,
School
Improvement Incentive Grants, $6,500,000 in fiscal year 2002 and
$7,750,000 in fiscal year 2003 shall
be used to provide grants of
$25,000
each to elementary schools
and $50,000 each to middle
schools, junior high
schools, and high
schools that demonstrate
significant improvement on
proficiency
tests, attendance rates,
and graduation rates based on standards
developed by the
Department of Education.
Of the foregoing appropriation item 200-570, School
Improvement Incentive
Grants, $500,000 in fiscal year 2002 and
$750,000 in fiscal year 2003 shall
be used to provide grants of
$50,000
each to educational service
centers and joint vocational
school districts for
exemplary
programs or that demonstrate
significant improvement on
proficiency
tests, attendance rates,
and graduation rates based on
standards developed by the
Department of Education.
Of the foregoing appropriation item 200-570, School
Improvement Incentive
Grants, $1,000,000 in each fiscal year shall
be used to provide grants of
up to $50,000
each to educational
best practices award winners
selected for superior performance by
BEST, Building
Excellent
Schools for Today and the 21st Century.
Any grants awarded from the foregoing appropriation item
200-570,
School Improvement Incentive Grants, shall
be awarded to
individual school buildings, educational service centers, or
joint
vocational school districts, as appropriate. Grant awards shall
be
expended for staff development, classroom equipment, materials,
and books.
The principal or administrator of each grantee
shall
decide how best to use
the grant award, with input from
staff
members.
The foregoing appropriation item 200-573, Character
Education, shall be
used
by the Department of Education to provide
matching grants of up to $50,000
each to school districts to
develop pilot character education programs.
SUBSTANCE ABUSE PREVENTION
Of the foregoing appropriation item 200-574, Substance Abuse
Prevention, up to
$2,120,000 in each fiscal year shall
be used for
the Safe and Drug
Free Schools Coordinators Program. Of the
foregoing
appropriation
item 200-574, Substance Abuse Prevention,
up to $300,000 in each
fiscal year of the biennium shall be used
for the Substance Abuse
Prevention
Student Assistance Program.
The
Department of
Education and the Department of
Alcohol and Drug
Addiction
Services shall jointly develop and approve a plan
for
the
expenditure of these funds including, but not limited to, the
development of position descriptions and training specifications
for safe and
drug free
schools coordinators. Safe and drug free
schools coordinators shall possess
or be in the process of
obtaining credentials
issued by the Ohio Credentialing Board for
Chemical Dependency Professionals
or other credentials recognized
by that board.
AUXILIARY SERVICES MOBILE REPAIR
Notwithstanding section 3317.064 of the Revised Code, if the
unobligated cash balance is sufficient, the Treasurer of
State
shall transfer $1,500,000 in fiscal year 2002 within thirty
days
after the effective date of this section and $1,500,000 in fiscal
year 2003 by August 1, 2002, from the Auxiliary Services
Personnel
Unemployment Compensation Fund to the Department of
Education's
Auxiliary Services Mobile Repair Fund (Fund 598).
Section 4.19. LOTTERY PROFITS EDUCATION FUND
Appropriation item 200-612, Base Cost
Funding (Fund 017),
shall
be used in conjunction with appropriation item
200-501, Base
Cost
Funding (GRF), to provide payments to school districts
pursuant
to
Chapter 3317. of
the Revised Code.
Of the foregoing appropriation item 200-612,
Base
Cost
Funding (Fund 017), $25,000,000
in each fiscal year shall be used
from
the funds transferred from the
Unclaimed Prizes Trust Fund
pursuant to the section entitled
"Transfers from
the Unclaimed
Prizes Fund" of this act.
The Department of Education, with the approval of the
Director of Budget and Management, shall determine the monthly
distribution schedules of appropriation item 200-501, Base Cost
Funding (GRF), and
appropriation item 200-612, Base Cost Funding
(Fund 017). If adjustments to the
monthly
distribution schedule
are
necessary, the Department of
Education shall make such
adjustments with the approval of the
Director of Budget and
Management.
The Director of Budget and Management shall transfer via
intrastate transfer
voucher the
amount appropriated under the
Lottery Profits Education Fund for
appropriation item 200-682,
Lease Rental Payment Reimbursement, to the General
Revenue Fund on
a schedule determined by the director. These funds shall
support
the appropriation item 230-428, Lease
Rental Payments (GRF), of
the
School Facilities
Commission.
LOTTERY PROFITS TRANSFERS*
On the fifteenth day of May of each fiscal year, the Director
of
Budget and
Management shall determine if lottery profits
transfers
will meet
the appropriation amounts from the Lottery
Profits
Education
Fund.
On or after the date specified in each fiscal year, if the
director determines that lottery profits will not meet
appropriations and if other funds are not available to meet the
shortfall, the Superintendent of Public Instruction shall take
the
actions specified under the
"Reallocation of Funds"
section of
this act.
TRANSFERS FROM THE UNCLAIMED PRIZES FUND
By the fifteenth day of January of fiscal year 2002 and
fiscal
year 2003, the
Director of
Budget and Management shall
transfer
$25,000,000 from the State Lottery
Commission's Unclaimed
Prizes
Fund to the Lottery Profits Education Fund, to
be used
solely for
purposes specified in the Department of Education's
budget.
Transfers of unclaimed prizes under this provision shall
not count
as
lottery profits in the determination made concerning
excess
profits titled
"Lottery
Profits" under the Department of
Education
in this act.
TEACHER CERTIFICATION AND LICENSURE
The foregoing appropriation item 200-681, Teacher
Certification and Licensure, shall be used by the Department of
Education in
each year of the biennium to administer teacher
certification and licensure
functions pursuant to sections
3301.071, 3301.074, 3301.50,
3301.51, 3319.088, 3319.22, 3319.24
to 3319.28, 3319.281,
3319.282, 3319.29, 3319.301, 3319.31, and
3319.51 of the Revised
Code.
Section 4.20. LOTTERY PROFITS
(A) There is hereby created the Lottery Profits Education
Reserve
Fund (Fund 018) in the State Treasury. At no time shall
the amount
to the credit of the fund exceed $75,000,000.
Investment earnings
of the Lottery Profits Education Reserve Fund
shall be credited to
the fund. Notwithstanding any provisions of
law to the contrary,
for fiscal years 2002 and 2003, there is
appropriated to
the Department of Education, from the
Lottery
Profits Education
Reserve Fund, an amount necessary to
make loans
authorized by
sections 3317.0210, 3317.0211, and
3317.62 of the
Revised Code.
All loan repayments from loans made
in fiscal years
1992, 1993,
1994, 1995, 1996, 1997, 1998, or 1999
shall be
deposited into the
credit of the Lottery Profits
Education Reserve
Fund.
(B)(1) On or before July 15, 2001, the Director of Budget
and
Management shall determine the amount by which lottery profit
transfers received by the Lottery Profits Education Fund for
fiscal year 2001 exceed $665,200,000.
The amount so certified
shall be distributed in fiscal year 2002 pursuant to
divisions (C)
and (D) of this section.
(2) On or before July 15, 2002, the Director of Budget and
Management shall determine the amount by which lottery profit
transfers received by the Lottery Profits Education Fund for
fiscal year 2002 exceed $619,722,100. The amount so determined
shall be distributed in fiscal year 2003 pursuant to divisions (E)
and (F) of this section.
The Director of Budget and Management shall annually certify
the
amounts determined pursuant to this section to the Speaker of
the
House of Representatives and the President of the Senate.
(C) Not later than June 15, 2002, the Department of
Education, in
consultation with the Director of Budget and
Management, shall
determine, based upon estimates, if a
reallocation of funds as
described in the section of this act
titled
"Reallocation of Funds"
is required.
If a reallocation of funds is required, then the
Superintendent of
Public Instruction shall request Controlling
Board approval for a
release of any balances in the Lottery
Profits Education Fund
available for the purpose of this division
and pursuant to
divisions (C)(1) and (2) of the section of this
act titled
"Reallocation of
Funds." Any moneys so released are
appropriated.
(D) In fiscal year 2002, if the Department of Education does
not
determine that a reallocation of funds is necessary by the
fifteenth day of
June, as
provided in division (C) of this
section, or if there is a balance
in the Lottery Profits Education
Fund after the release of any
amount needed to preclude a
reallocation of funds as provided in
division (C) of this section,
the moneys in the Lottery Profits
Education Fund shall be
allocated as provided in this division.
Any amounts so allocated
are appropriated.
An amount equal to five per cent of the estimated lottery
profits of $665,200,000 in fiscal year 2001 or the amount
remaining in the fund, whichever is the lesser amount, shall be
transferred to the Lottery Profits Education Reserve Fund within
the limitations specified in division (A) of this section and be
reserved and shall not be available for allocation or distribution
during fiscal year 2002. Any amounts exceeding $75,000,000 shall
be distributed pursuant to division (G) of this
section.
(E) Not later than June 15, 2003, the Department of
Education, in
consultation with the Director of Budget and
Management, shall
determine, based upon estimates, if a
reallocation of funds as
described in the section of this act
titled
"Reallocation of Funds"
is required.
If a reallocation of funds is required, then the
Superintendent of
Public Instruction shall request Controlling
Board approval for a
release of any balances in the Lottery
Profits Education Fund
available for the purpose of this division
and pursuant to
divisions (C)(1) and (2) of the section of this
act titled
"Reallocation of
Funds." Any moneys so released are
appropriated.
(F) In fiscal year 2003, if the Department of Education does
not
determine that a reallocation of funds is necessary by the
fifteenth day of
June, as
provided in division (E) of this
section, or if there is a balance
in the Lottery Profits Education
Fund after the release of any
amount needed to preclude a
reallocation of funds as provided in
division (E) of this section,
the moneys in the Lottery Profits
Education Fund shall be
allocated as provided in this division.
Any amounts so allocated
are appropriated.
An amount equal to five per cent of the estimated lottery
profits transfers of $619,722,100 in fiscal year 2002 or the
amount remaining in the fund, whichever is the lesser amount,
shall be transferred to the Lottery Profits Education Reserve Fund
within the limitations specified in division (A) of this section
and be reserved and shall not be available for allocation or
distribution during fiscal year 2003. Any amounts exceeding
$75,000,000 shall be distributed pursuant to division (G)
of this
section.
(G) In the appropriate fiscal year, any remaining amounts
after
the operations required by division (D) or (F) of this
section,
respectively, shall be transferred to the Public School
Building Fund (Fund
021) and such amount is appropriated to
appropriation item CAP-622,
Public School Buildings, in the School
Facilities Commission.
Section 4.21. PROPERTY TAX ALLOCATION
The Superintendent of Public Instruction shall not request,
and the Controlling Board shall not approve, the transfer of funds
from appropriation item 200-901, Property Tax
Allocation-Education, to any other appropriation item.
SCHOOL DISTRICT SOLVENCY ASSISTANCE
Of the foregoing appropriation item 200-687, School District
Solvency Assistance, $12,000,000 in each fiscal year shall be
allocated to the School District Shared Resource Account and
$12,000,000 in each fiscal year shall be allocated to the
Catastrophic Expenditures Account. These funds shall be used to
provide assistance and grants to
school
districts to enable them
to remain solvent pursuant to section
3316.20
of the Revised Code.
Assistance and grants shall be subject to
approval by the
Controlling Board. Any required reimbursements from
school
districts
for solvency assistance shall be made to the appropriate
account in the School
District Solvency Assistance Fund.
Section 4.22. PROPERTY TAX ALLOCATION - EDUCATION
The appropriation item 200-901, Property Tax Allocation -
Education, is appropriated to
pay for the state's costs
incurred
due to the homestead exemption
and the property tax rollback. In
cooperation with the Department
of Taxation, the Department of
Education shall
distribute these
funds directly to the appropriate
school districts of the
state,
notwithstanding sections 321.24 and
323.156 of
the
Revised Code, which provide for payment of the
homestead
exemption and
property tax rollback by the Tax
Commissioner to the
appropriate county
treasurer and the
subsequent redistribution of
these funds to the appropriate
local
taxing districts by the
county auditor.
Appropriation item 200-906, Tangible Tax Exemption -
Education is appropriated to
pay for the state's costs
incurred
due to the tangible personal
property tax exemption required by
division (C)(3) of section
5709.01 of the Revised Code. In
cooperation with
the Department
of Taxation, the Department of
Education shall distribute to
each
county treasurer the total
amount certified by the county
treasurer
pursuant to section
319.311 of the Revised Code, for all
school districts
located in
the county, notwithstanding the
provision in section 319.311 of
the
Revised Code which provides
for payment
of the $10,000
tangible personal property tax
exemption by the Tax
Commissioner
to the appropriate county
treasurer for all local taxing
districts
located in the county.
Pursuant to division (G) of section 321.24
of the Revised Code,
the county auditor shall distribute the
amount paid by
the
Department of Education among the appropriate
school districts.
Upon receipt of these amounts, each school district shall
distribute the
amount among the proper funds as if it had been
paid as real or tangible
personal property taxes. Payments for
the costs of administration shall
continue to be paid to the
county treasurer and county auditor as provided for
in sections
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation
items 200-901, Property Tax
Allocation - Education, for the homestead
exemption and the
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property
tax
exemption payments, which are determined to be necessary for
these purposes,
are appropriated.
Section 4.23. DISTRIBUTION FORMULAS*
The Department of Education shall report the following to the
Director of Budget and Management, the Legislative Office of
Education Oversight, and the
Legislative Service Commission:
(A) Changes in formulas for distributing state
appropriations, including administratively defined formula
factors;
(B) Discretionary changes in formulas for distributing
federal appropriations;
(C) Federally mandated changes in formulas for distributing
federal appropriations.
Any such changes shall be reported two weeks prior to the
effective date of the change.
Section 4.24. DISTRIBUTION - SCHOOL DISTRICT SUBSIDY
PAYMENTS
This section shall not take effect
unless
the Director of
Budget and Management adopts an order
putting it
into effect and
certifies a copy of the order to
the
Superintendent of Public
Instruction and the Controlling
Board.
Notwithstanding any other provision of the Revised Code,
the
monthly distribution of payments made to school districts and
educational
service centers pursuant to section 3317.01 of the
Revised Code for the first
six
months of each fiscal year shall
equal, as nearly as possible,
six and two-thirds per cent of the
estimate of the amounts
payable for each fiscal year. The monthly
distribution of
payments for the last six months of each fiscal
year shall equal,
as nearly as possible, ten per cent of the final
calculation of
the amounts payable to each school district for
that fiscal year.
The treasurer of each school district or educational service
center may
accrue, in
addition to the payments defined in this
section, to the accounts
of the calendar years that end during
each fiscal year, the
difference between the sum of the first six
months' payments in
each fiscal year and the amounts the district
would have received
had the payments been made in, as nearly as
possible in each
fiscal year, twelve equal monthly payments.
Notwithstanding the limitations on the amount of borrowing
and time of payment provided for in section 133.10 of the Revised
Code but subject to sections 133.26 and 133.30
of the Revised
Code, a board of education of a school district
may
at any time
between July 1, 2001, and December 31, 2001, or
at any
time
between July 1, 2002, and December 31, 2002, borrow
money to
pay
any necessary and actual expenses of the school
district
during
the last six months of calendar years 2001 and
2002 and in
anticipation of the receipt of any portion of the
payments to be
received by that district in the first six months
of calendar
years 2002 and 2003 representing the respective
amounts accrued
pursuant to the preceding paragraph, and issue
notes to evidence
that borrowing to mature no later than the
thirtieth day of June
of the calendar year following the calendar
year in which such
amount was borrowed. The principal amount
borrowed in the last
six months of calendar years 2001 or 2002
under this paragraph may
not exceed the entire amount accrued or
to be accrued by the
district treasurer in those calendar years
pursuant to the
preceding paragraph. The proceeds of the notes
shall be used only
for the purposes for which the anticipated
receipts are lawfully
appropriated by the board of education. No
board of education
shall be required to use the authority granted
by this paragraph.
The receipts so anticipated, and additional
amounts from
distributions to the districts in the first six
months of calendar
years 2002 and 2003 pursuant to Chapter 3317.
of the Revised Code
needed to pay the interest on the notes,
shall be deemed
appropriated by the board of education to the
extent necessary for
the payment of the principal of and interest
on the notes at
maturity, and the amounts necessary to make those
monthly
distributions are appropriated from the General
Revenue
Fund. For
the purpose of better ensuring the prompt
payment of
principal of
and interest on the notes when due, the
resolution of
the board of
education authorizing the notes may
direct that the
amount of the
receipts anticipated, together with
those additional
amounts
needed to pay the interest on the
borrowed amounts, shall
be
deposited and segregated, in trust or
otherwise, to the extent,
at
the time or times, and in the manner
provided in that
resolution.
The borrowing authorized by this
section does not
constitute debt
for purposes of section 133.04
of the Revised
Code. School
districts shall be reimbursed by the
state for all
necessary and
actual costs to districts arising
from this
provision, including,
without limitation, the interest
paid on the
notes while the notes
are outstanding. The
Department of
Education shall adopt rules
that are not
inconsistent with this
section for school district
eligibility and
application for
reimbursement of such costs.
Payments of these
costs shall be
made out of any anticipated
balances in
appropriation items
distributed under Chapter 3317. of
the
Revised Code. The
department shall submit all requests for
reimbursement under these
provisions to the Controlling Board for
approval.
During the last six months of each calendar year, instead
of
deducting the amount the Superintendent of Public Instruction
would
otherwise deduct from a school
district's or educational
service center's state aid payments in accordance
with the
certifications made for such year pursuant to sections 3307.56
and
3309.51 of the Revised Code, the superintendent
shall deduct an
amount equal to forty per cent of the
amount so certified. The
secretaries of the retirement systems
shall compute the
certifications for the ensuing year under such
sections as if the
entire amounts certified as due in the
calendar year ending the
current fiscal year, but not deducted
pursuant to this paragraph,
had been deducted and paid in that
calendar year. During the
first six months of the ensuing
calendar year, in addition to
deducting the amounts the Superintendent of
Public Instruction is
required to deduct under such sections during such period, the
superintendent shall deduct from a district's or educational
service center's
state aid payments
an additional amount equal to
the amount that was certified as
due from the district for the
calendar year that ends during the
fiscal year, but that was not
deducted because of this
paragraph. The superintendent's
certifications to the Director
of Budget and Management during the
first six months of the
calendar year shall reflect such
additional deduction.
Section 4.25. REALLOCATION OF FUNDS
(A) As used in this section:
(1)
"Basic aid" means the amount calculated for
the school
district received for the fiscal year under
divisions (A) and (C)
of section
3317.022 and sections 3317.023, 3317.025 to
3317.029,
3317.0212, and 3317.0213 of the Revised
Code and the amount
computed for a joint vocational
school district under section
3317.16 of the Revised Code.
(2)
"Nonbasic aid" means the amount computed
for a school
district for fiscal year 2002 or fiscal year
2003 under Chapter
3317. of the Revised Code and
this act, excluding the district's
basic
aid and the amount computed under such chapter and acts for
educational service centers, MR/DD boards, and institutions.
(B) If in either fiscal year of the biennium the Governor
issues an order
under section 126.05 of the Revised Code to reduce
expenditures and incurred
obligations and the order requires the
superintendent to reduce
such state education payments, or if
lottery profits
transfers are
insufficient to meet the amounts
appropriated from the Lottery
Profits Education Fund for base cost
funding, and
if other funds are not sufficient to
offset the
shortfall, the superintendent shall reduce
nonbasic aid payments
so that the total amount expended in the
fiscal year will not
exceed the
amount available for expenditure pursuant to the
Governor's
order. Subject to Controlling Board approval, the
superintendent
shall reallocate appropriations not yet expended
from one
program to another.
(C)(1) If further reductions in nonbasic aid are
necessary
following the reallocations implemented pursuant to
division (B)
of this section, the superintendent shall request
the Controlling
Board to approve the use of the money
appropriated by this
division. The superintendent shall include
with the
superintendent's request a report listing the amount of reductions
that each school district will receive if the request is not
approved, and
also the amount of the reduction, if any, that will
still be required if
the use of the money appropriated by this
section is approved.
(2) In accordance with division (C)(1) of this section,
there is appropriated to the Department of Education from
the
unobligated balance remaining in the Lottery Profits
Education
Fund at the end of fiscal year 2001 the lesser of: the
unobligated
balance in the
fund, or the amount needed to preclude
a reallocation pursuant to
this section. The money appropriated
by
this division may be spent or distributed by the department
only
with the approval of the Controlling Board.
(D) If reductions in nonbasic aid are still
necessary
following the actions taken pursuant to divisions (B)
and (C) of
this section, the superintendent shall determine by
what
percentage expenditures for nonbasic aid must be
reduced for the
remainder of the fiscal year to make the total
amount distributed
for the year equal the amount appropriated or
available for
distribution. The superintendent shall reduce by that
percentage
the amount to be paid in nonbasic aid to each city, exempted
village, local, and joint vocational school district, to each
educational
service center, to each county board of mental
retardation and developmental
disabilities, and to each
institution providing special education
programs under section
3323.091 of the Revised Code for the
remainder of the fiscal year.
Section 4.26. EDUCATIONAL SERVICE CENTERS FUNDING
Notwithstanding division (B) of section 3317.11 of the
Revised Code, no funds
shall be provided to an educational service
center in either fiscal year for
any pupils of a city or exempted
village school district unless an agreement
to provide services
under section 3313.843 of the Revised Code was entered
into by
January 1, 1997, except that funds shall be provided to an
educational
service center for any pupils of a city school
district if the agreement to
provide services was entered into
within one year of the date upon which such
district changed from
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2002 or fiscal
year 2003 for the
purposes of
division (B) of section 3317.11 of
the Revised Code,
the department shall
first distribute to each
educational service
center $37 per pupil in its
service center
ADM, as defined in that
section. The remaining funds in each
fiscal year shall be
distributed proportionally, on a per-student
basis, to each educational service center for its client ADM, as
defined in that section, that is
attributable to each city and
exempted village school district
that had
entered into an
agreement with an educational service
center for that fiscal
year
under section 3313.843 of the Revised
Code by January 1, 1997.
Section 4.27. * For the school year commencing July 1, 2001,
or the school year commencing July 1, 2002, or both, the
Superintendent of Public Instruction may waive for the board of
education of any school district the ratio of teachers to pupils
in kindergarten through fourth grade required under paragraph
(A)(3) of rule 3301-35-03 of the Administrative Code if the
following conditions apply:
(A) The board of education requests the waiver.
(B) After the Department of Education conducts an on-site
evaluation of the district related to meeting the required ratio,
the board of education demonstrates to the satisfaction of the
Superintendent of Public Instruction
that providing the facilities
necessary to meet the
required ratio during the district's regular
school hours with
pupils in attendance would impose an extreme
hardship on the
district.
(C) The board of education provides assurances that are
satisfactory to the Superintendent of Public Instruction that the
board will act in good faith to meet the required ratio as soon
as
possible.
Section 4.28. PRIVATE TREATMENT FACILITY PILOT PROJECT
(A) As used in this section:
(1) The following are
"participating residential treatment
centers":
(a) Private residential treatment facilities that have
entered into a contract with the Department of Youth
Services
to
provide services to children placed at the facility
by the
department and which, in fiscal year 2002 or 2003 or
both, the
department pays through appropriation item 470-401,
Care and
Custody;
(c) Paint Creek, in Bainbridge;
(e) Friars Club, in Cincinnati.
(2)
"Education program" means an elementary or secondary
education program or a special education program and related
services.
(3)
"Served child" means any child receiving an education
program pursuant to division (B) of this section.
(4)
"School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition
payment for a child by a school district is required under law
that existed
in fiscal year 1998,
is the school district required
to pay that tuition.
(5)
"Residential child" means a child who resides in a
participating residential treatment center and who is receiving
an
educational program under division (B) of this section.
(B) A youth who is a resident of the state and
has been
assigned by a juvenile court or other authorized agency
to a
residential treatment facility specified in division (A)
of this
section shall be enrolled in an approved educational program
located
in
or near the facility. Approval of the educational
program shall
be contingent upon compliance with the criteria
established for
such programs by the Department of Education.
The
educational program shall be provided by a
school district or
educational service center, or by the
residential facility itself.
Maximum flexibility shall be given
to the residential treatment
facility to determine the
provider. In the event that a voluntary
agreement cannot be reached and
the residential facility does not
choose to provide the
educational program, the educational service
center in the
county in which the facility is located shall
provide the
educational program at the treatment center to
children under twenty-two years of age residing in the
treatment
center.
(C) Any school district responsible
for tuition for a
residential child shall, notwithstanding any
conflicting provision
of the Revised Code regarding tuition
payment, pay tuition for the
child for fiscal years 2002 and
2003 to the education program
provider and in the amount
specified in this division. If there
is no school district
responsible for tuition for a residential
child and if the
participating residential treatment center to
which the child is
assigned is located in the city, exempted
village, or local
school district that, if the child were not a
resident of that
treatment center, would be the school district
where the child
is entitled to attend school under sections
3313.64 and 3313.65
of the Revised Code, that school district
shall, notwithstanding
any conflicting provision of the Revised
Code, pay tuition for
the child for fiscal years 2002 and 2003
under this division
unless that school district is providing the
educational program
to the child under division (B) of this
section.
A tuition payment under this division shall be made to the
school district, educational service center, or residential
treatment facility providing the educational program to the
child.
The amount of tuition paid shall be:
(1) The amount of tuition determined for the district under
division (A) of
section 3317.08 of the Revised Code;
(2) In addition, for any student receiving special education
pursuant to an
individualized education program as defined in
section 3323.01 of the Revised
Code, a payment for excess costs.
This payment shall equal the actual cost to
the school district,
educational service center, or residential treatment
facility of
providing special education and related
services to the student
pursuant to the student's individualized education
program, minus
the tuition paid for the child under division (C)(1) of this
section.
A school district paying tuition under this division shall
not include the
child for whom tuition is paid in the district's
average daily membership
certified under division (A) of section
3317.03 of the Revised Code.
(D) In each of fiscal years 2002 and 2003, the Department of
Education shall reimburse, from appropriations made for the
purpose, a school district, educational service center, or
residential
treatment facility, whichever is providing the
service, that
has demonstrated that it is in compliance with the
funding
criteria for each served child for whom a school district
must pay tuition
under division (C) of this section. The amount
of
the reimbursement
in either fiscal year shall be the formula
amount specified in section
3317.022 of the Revised Code, except
that the department shall
proportionately reduce this
reimbursement if sufficient funds are not
available to pay this
amount to all qualified providers.
(E) Funds provided to a school district, educational service
center, or
residential treatment facility under this section shall
be used to supplement, not supplant, funds from other public
sources for
which
the school district, service center, or
residential treatment facility is
entitled or eligible.
(F) The Department of Education shall track the utilization
of funds
provided
to school districts, educational service
centers, and residential treatment
facilities under this section
and monitor the effect of the funding on the
educational programs
they provide in participating residential
treatment facilities.
The department shall monitor the programs for
educational
accountability.
Section 4.29. SCHOOL DISTRICT PARTICIPATION IN NATIONAL
ASSESSMENT OF EDUCATION PROGRESS
The General Assembly intends for the Superintendent of Public
Instruction to
provide for school district participation in the
administration of the
National
Assessment of Education Progress in
fiscal years 2002 and 2003 in accordance
with section 3301.27 of
the Revised Code.
Section 4.30. Notwithstanding Chapter 3318. of the
Revised
Code, for purposes of complying with the local share and
repayment
tax requirements of section 3318.05 of the Revised
Code, any
school district given conditional approval for
classroom
facilities assistance under section 3318.04 of the
Revised Code as
of January 1, 1993, that approved a replacement
permanent
improvement levy at the November 5, 1996, election
shall be
permitted to use the proceeds of such levy, and any
notes issued
or to be issued in anticipation thereof, as
available funds,
within the meaning specified under section
3318.03 of the Revised
Code, to pay the local share of the cost
of the approved classroom
facilities project. Notwithstanding
the local share as previously
determined for purposes of the
conditional approval of the
project, the local share shall be
equal to the amount of proceeds
to be obtained by the district
under such replacement permanent
improvement levy. Such school
districts shall not be required to
obtain approval of either of
the propositions described in
division (A) or (B) of section
3318.051 of the Revised Code. The
agreement required under
section 3318.08 of the Revised Code for
the construction and
sale of the project shall include provisions
for the transfer of
the proceeds of the replacement permanent
improvement levy, and
any notes issued in anticipation thereof, to
the school
district's project construction account, and for the
levy of the
replacement permanent improvement levy.
Section 4.31. The Superintendent of Public Instruction shall
contract
with an independent research entity to evaluate
the pilot
project approved pursuant to section
3313.975 of the Revised Code.
The
evaluation shall study the impact of
scholarships on student
attendance, conduct, commitment to
education, and standardized
test scores; parental involvement;
the
school district's ability
to provide services to district
students; and the availability of
alternative educational
opportunities. The evaluation shall also
study the economic
impact of
scholarships on the school district.
Section 4.32. Notwithstanding division (C)(1) of
section
3313.975 of the
Revised Code, in addition to students in
kindergarten through third grade,
initial scholarships may be
awarded to fourth, fifth, sixth, seventh, and eighth grade
students
in fiscal year
2002 and in
fiscal year 2003.
Section 4.33. (A) As used in this section,
"pilot project
area"
means the school districts included in the territory of the
former
community school pilot project established by former
Section 50.52 of Am.
Sub. H.B. 215 of the 122nd General Assembly.
(B) Any teacher or nonteaching employee of a school district
in
the pilot project area who, on the effective date of this
section,
is taking a leave of absence from the district pursuant
to a
policy adopted under former Section 50.52.13 of that act to
work
at a community school established under the pilot project and
located in another school district may continue the leave under
the terms of that policy and former section. Upon termination of
the leave, the district shall return the teacher or nonteaching
employee to a position, salary, and level of seniority as required
by that former section.
Section 4.34. As required by Section 50.52.2 of Am. Sub. H.B.
215 of the 122nd General Assembly, as subsequently amended, the
Legislative Office of Education Oversight shall complete, by
June
1, 2003, its final report on community schools with
recommendations as to the future of community schools in Ohio.
Copies of the report shall be delivered to the President of the
Senate and the Speaker of the House of Representatives.
Section 5. HEF HIGHER EDUCATIONAL FACILITY COMMISSION
461 | 372-601 | | Operating Expenses | | $ | 12,000 | | $ | 12,000 |
TOTAL AGY Agency Fund Group | | $ | 12,000 | | $ | 12,000 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 12,000 | | $ | 12,000 |
Section 6. LOT STATE LOTTERY COMMISSION
044 | 950-100 | | Personal Services | | $ | 23,990,502 | | $ | 25,164,204 |
044 | 950-200 | | Maintenance | | $ | 24,167,162 | | $ | 24,698,840 |
044 | 950-300 | | Equipment | | $ | 4,131,719 | | $ | 3,664,576 |
044 | 950-402 | | Game and Advertising Contracts | | $ | 64,913,869 | | $ | 64,624,331 |
044 | 950-601 | | Prizes, Bonuses, and Commissions | | $ | 136,371,980 | | $ | 132,532,125 |
871 | 950-602 | | Annuity Prizes | | $ | 185,454,636 | | $ | 188,275,991 |
872 | 950-603 | | Unclaimed Prize Awards | | $ | 13,093,114 | | $ | 13,354,976 |
TOTAL SLF State Lottery Fund | | | | | | |
Group | | $ | 452,122,982 | | $ | 452,315,043 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 452,122,982 | | $ | 452,315,043 |
The foregoing appropriation items include all amounts
necessary for the purchase and printing of tickets, consultant
services, and advertising. The Controlling Board may, at the
request of the State Lottery Commission, authorize additional
appropriations for operating expenses of the State Lottery
Commission from the State Lottery Fund up to a maximum of 15 per
cent of anticipated total revenue accruing from the sale of
lottery tickets.
PRIZES, BONUSES, AND COMMISSIONS
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-601, Prizes, Bonuses, and
Commissions,
that
are determined by the Director of the State Lottery
Commission to
be necessary
to fund prizes, bonuses, and
commissions are
appropriated.
With the approval of the Office of Budget and Management,
the
State Lottery Commission shall transfer cash from the State
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund
(Fund 871) in
an amount sufficient to fund deferred prizes. The
Treasurer of State, from time to time, shall credit the Deferred
Prizes Trust Fund
(Fund 871) the pro rata share of interest earned
by the Treasurer
of State on invested balances.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950-602, Annuity Prizes,
that are determined
by
the Director of the State Lottery Commission to be
necessary
to
fund deferred prizes and interest earnings are
appropriated.
Section 7. BOR BOARD OF REGENTS
GRF | 235-321 | | Operating Expenses | | $ | 3,265,450 | | $ | 3,330,759 |
GRF | 235-401 | | Lease-Rental Payments | | $ | 295,058,500 | | $ | 268,910,500 |
GRF | 235-402 | | Sea Grants | | $ | 299,940 | | $ | 299,940 |
GRF | 235-403 | | Math/Science Teaching Improvement | | $ | 1,734,000 | | $ | 1,768,680 |
GRF | 235-404 | | College Readiness Initiatives | | $ | 3,127,361 | | $ | 3,189,908 |
GRF | 235-406 | | Articulation and Transfer | | $ | 1,000,000 | | $ | 1,000,000 |
GRF | 235-408 | | Midwest Higher Education Compact | | $ | 82,500 | | $ | 82,500 |
GRF | 235-409 | | Information System | | $ | 1,417,615 | | $ | 1,445,968 |
GRF | 235-414 | | State Grants and Scholarship Administration | | $ | 1,429,478 | | $ | 1,458,068 |
GRF | 235-415 | | Jobs Challenge | | $ | 13,548,125 | | $ | 14,891,302 |
GRF | 235-417 | | Ohio Learning Network | | $ | 4,000,000 | | $ | 4,000,000 |
GRF | 235-418 | | Access Challenge | | $ | 77,268,000 | | $ | 90,268,000 |
GRF | 235-420 | | Success Challenge | | $ | 53,615,100 | | $ | 58,976,610 |
GRF | 235-426 | | The Ohio Plan | | $ | 10,000,000 | | $ | 30,000,000 |
GRF | 235-428 | | Appalachian New Economy Partnership | | $ | 1,000,000 | | $ | 1,500,000 |
GRF | 235-451 | | Eminent Scholars | | $ | 0 | | $ | 5,200,000 |
GRF | 235-454 | | Research Challenge | | $ | 23,725,284 | | $ | 26,097,812 |
GRF | 235-455 | | Productivity Improvement Challenge | | $ | 1,729,538 | | $ | 1,764,128 |
GRF | 235-474 | | AHEC Program Support | | $ | 2,136,456 | | $ | 2,179,185 |
GRF | 235-477 | | Access Improvement Projects | | $ | 1,110,879 | | $ | 1,110,879 |
GRF | 235-501 | | State Share of Instruction | | $ | 1,681,450,071 | | $ | 1,715,288,155 |
GRF | 235-502 | | Student Support Services | | $ | 1,000,000 | | $ | 1,000,000 |
GRF | 235-503 | | Ohio Instructional Grants | | $ | 101,000,000 | | $ | 114,500,000 |
GRF | 235-504 | | War Orphans Scholarships | | $ | 4,652,548 | | $ | 4,792,124 |
GRF | 235-507 | | OhioLINK | | $ | 7,822,106 | | $ | 7,978,548 |
GRF | 235-508 | | Air Force Institute of Technology | | $ | 3,500,000 | | $ | 3,500,000 |
GRF | 235-509 | | Displaced Homemakers | | $ | 244,996 | | $ | 244,996 |
GRF | 235-510 | | Ohio Supercomputer Center | | $ | 4,932,218 | | $ | 4,932,218 |
GRF | 235-511 | | Cooperative Extension Service | | $ | 28,262,696 | | $ | 28,827,949 |
GRF | 235-513 | | OU Voinovich Center | | $ | 375,000 | | $ | 375,000 |
GRF | 235-514 | | Central State Supplement | | $ | 12,044,956 | | $ | 12,044,956 |
GRF | 235-515 | | CWRU School of Medicine | | $ | 4,367,575 | | $ | 4,454,926 |
GRF | 235-518 | | Capitol Scholarship Programs | | $ | 250,000 | | $ | 250,000 |
GRF | 235-519 | | Family Practice | | $ | 6,671,909 | | $ | 6,805,347 |
GRF | 235-520 | | Shawnee State Supplement | | $ | 2,767,520 | | $ | 2,712,170 |
GRF | 235-521 | | OSU Glenn Institute | | $ | 375,000 | | $ | 375,000 |
GRF | 235-523 | | Center for Labor Research | | $ | 95,000 | | $ | 95,000 |
GRF | 235-524 | | Police and Fire Protection | | $ | 244,996 | | $ | 244,996 |
GRF | 235-525 | | Geriatric Medicine | | $ | 1,109,383 | | $ | 1,131,570 |
GRF | 235-526 | | Primary Care Residencies | | $ | 3,230,784 | | $ | 3,295,399 |
GRF | 235-527 | | Ohio Aerospace Institute | | $ | 2,431,973 | | $ | 2,431,973 |
GRF | 235-530 | | Academic Scholarships | | $ | 8,400,000 | | $ | 8,820,000 |
GRF | 235-531 | | Student Choice Grants | | $ | 52,428,000 | | $ | 53,476,560 |
GRF | 235-535 | | Agricultural Research and Development Center | | $ | 39,505,502 | | $ | 40,295,612 |
GRF | 235-536 | | Ohio State University Clinical Teaching | | $ | 16,316,207 | | $ | 16,642,531 |
GRF | 235-537 | | University of Cincinnati Clinical Teaching | | $ | 13,419,858 | | $ | 13,688,256 |
GRF | 235-538 | | Medical College of Ohio at Toledo Clinical Teaching | | $ | 10,460,052 | | $ | 10,669,253 |
GRF | 235-539 | | Wright State University Clinical Teaching | | $ | 5,081,698 | | $ | 5,183,332 |
GRF | 235-540 | | Ohio University Clinical Teaching | | $ | 4,912,631 | | $ | 5,010,884 |
GRF | 235-541 | | Northeastern Ohio Universities College of
Medicine Clinical Teaching | | $ | 5,052,636 | | $ | 5,153,689 |
GRF | 235-543 | | OCPM Clinical Subsidy | | $ | 510,000 | | $ | 520,200 |
GRF | 235-547 | | School of International Business | | $ | 1,743,637 | | $ | 1,743,637 |
GRF | 235-549 | | Part-time Student Instructional Grants | | $ | 13,311,638 | | $ | 13,977,219 |
GRF | 235-552 | | Capital Component | | $ | 14,537,639 | | $ | 14,537,639 |
GRF | 235-553 | | Dayton Area Graduate Studies Institute | | $ | 3,856,212 | | $ | 3,856,212 |
GRF | 235-554 | | Computer Science Graduate Education | | $ | 3,553,437 | | $ | 3,553,437 |
GRF | 235-555 | | Library Depositories | | $ | 2,040,000 | | $ | 2,080,800 |
GRF | 235-556 | | Ohio Academic Resource Network | | $ | 3,582,426 | | $ | 3,654,074 |
GRF | 235-558 | | Long-term Care Research | | $ | 318,371 | | $ | 318,371 |
GRF | 235-561 | | BGSU Canadian Studies Center | | $ | 167,642 | | $ | 167,642 |
GRF | 235-572 | | Ohio State University Clinic Support | | $ | 2,102,361 | | $ | 2,144,408 |
GRF | 235-583 | | Urban University Programs | | $ | 6,636,285 | | $ | 6,636,285 |
GRF | 235-585 | | Ohio University Innovation Center | | $ | 49,745 | | $ | 49,745 |
GRF | 235-587 | | Rural University Projects | | $ | 1,403,624 | | $ | 1,403,624 |
GRF | 235-588 | | Ohio Resource Center for Mathematics, Science, and Reading | | $ | 1,000,000 | | $ | 1,000,000 |
GRF | 235-595 | | International Center for Water Resources Development | | $ | 189,381 | | $ | 189,381 |
GRF | 235-596 | | Hazardous Materials Program | | $ | 244,996 | | $ | 244,996 |
GRF | 235-599 | | National Guard Scholarship Program | | $ | 12,293,986 | | $ | 12,293,986 |
GRF | 235-909 | | Higher Education General Obligation Debt Service | | $ | 50,055,100 | | $ | 74,344,100 |
TOTAL GRF General Revenue Fund | | $ | 2,635,550,021 | | $ | 2,734,410,439 |
General Services Fund Group
456 | 235-603 | | Publications | | $ | 43,050 | | $ | 44,342 |
456 | 235-613 | | Job Preparation Initiative | | $ | 144,383 | | $ | 144,383 |
TOTAL GSF General Services | | | | | | |
Fund Group | | $ | 187,433 | | $ | 188,725 |
Federal Special Revenue Fund Group
3H2 | 235-608 | | Human Services Project | | $ | 1,000,000 | | $ | 1,000,000 |
3N6 | 235-605 | | State Student Incentive Grants | | $ | 2,000,000 | | $ | 2,000,000 |
3T0 | 235-610 | | NHSC Ohio Loan Repayment | | $ | 100,000 | | $ | 100,000 |
312 | 235-609 | | Tech Prep | | $ | 183,852 | | $ | 183,852 |
312 | 235-611 | | Gear-up Grant | | $ | 1,590,986 | | $ | 1,690,434 |
312 | 235-612 | | Carl D. Perkins Grant/Plan Administration | | $ | 112,960 | | $ | 112,960 |
312 | 235-631 | | Federal Grants | | $ | 2,055,511 | | $ | 0 |
TOTAL FED Federal Special Revenue | | | | | | |
Fund Group | | $ | 7,043,309 | | $ | 5,087,246 |
State Special Revenue Fund Group
4E8 | 235-602 | | HEFC Administration | | $ | 12,000 | | $ | 12,000 |
4P4 | 235-604 | | Physician Loan Repayment | | $ | 416,067 | | $ | 436,870 |
649 | 235-607 | | Ohio State University
Highway/Transportation Research | | $ | 511,000 | | $ | 523,775 |
682 | 235-606 | | Nursing Loan Program | | $ | 870,000 | | $ | 893,000 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 1,809,067 | | $ | 1,865,645 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 2,644,589,830 | | $ | 2,741,552,055 |
Section 7.01. STATE SHARE OF INSTRUCTION
As soon as practicable during each fiscal year of the
2001-2003 biennium in accordance with instructions of the
Board of
Regents, each state-assisted institution of higher
education shall
report its actual enrollment to the Board of
Regents.
The Board of Regents shall establish procedures
required
by
the system of formulas set out below and for the
assignment of
individual institutions to categories described in
the formulas.
The system of formulas establishes the manner in
which aggregate
expenditure requirements shall be determined for
each of the three
components of institutional operations. In addition to
other
adjustments and calculations described below,
the subsidy
entitlement of an institution shall be determined by
subtracting
from the institution's aggregate expenditure
requirements income
to be derived from the local contributions
assumed in calculating
the subsidy entitlements. The local
contributions for purposes of
determining subsidy support shall
not limit the authority of the
individual boards of trustees to
establish fee levels.
The General Studies and Technical models shall be adjusted
by
the Board of Regents so that the share of state subsidy earned
by
those models is not altered by changes in the overall local
share.
A lower-division fee differential shall be used to
maintain the
relationship that would have occurred between these
models and the
baccalaureate models had an assumed share of
thirty-seven per cent
been funded.
In defining the number of full-time equivalent (FTE) students
for
state subsidy purposes, the Board of Regents shall exclude
all undergraduate students who are not residents of Ohio, except
those charged in-state fees in accordance with reciprocity
agreements made pursuant to section 3333.17 or employer contracts
entered into
pursuant to section 3333.32 of the Revised Code.
(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT
(1) INSTRUCTION AND SUPPORT SERVICES
MODEL | FY 2002 | FY 2003 |
General Studies I | $ 4,481 | $ 4,904 |
General Studies II | $ 5,046 | $ 5,299 |
General Studies III | $ 6,101 | $ 6,652 |
Technical I | $ 5,353 | $ 5,696 |
Technical III | $ 8,854 | $ 9,044 |
Baccalaureate I | $ 7,031 | $ 7,517 |
Baccalaureate II | $ 7,875 | $ 8,310 |
Baccalaureate III | $ 11,480 | $ 12,193 |
Masters and Professional I | $ 13,338 | $ 13,875 |
Masters and Professional II | $ 19,084 | $ 19,652 |
Masters and Professional III | $ 25,869 | $ 26,577 |
Medical I | $ 28,800 | $ 29,934 |
Medical II | $ 40,152 | $ 40,981 |
Blended MPD I | $ 14,163
| $ 14,877 |
For this purpose, FTE counts shall be
weighted to reflect
differences among institutions in the numbers
of students enrolled
on a part-time basis.
MODEL | FY 2002 | FY 2003 |
General Studies I | $ 694 | $ 747 |
General Studies II | $ 704 | $ 747 |
General Studies III | $ 687 | $ 747 |
Technical I | $ 669 | $ 747 |
Technical III | $ 675 | $ 747 |
Baccalaureate I | $ 666 | $ 747 |
Baccalaureate II | $ 663 | $ 747 |
Baccalaureate III | $ 675 | $ 747 |
Masters and Professional I | $ 680 | $ 747 |
Masters and Professional II | $ 685 | $ 747 |
Masters and Professional III | $ 694 | $ 747 |
Medical I | $ 668 | $ 747 |
Medical II | $ 668 | $ 747 |
Blended MPD I | $ 668
| $ 747 |
(B) PLANT OPERATION AND MAINTENANCE (POM)
(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY
Space undergoing renovation shall be funded at the rate
allowed for storage
space.
In the calculation of square footage for each campus, square
footage shall be
weighted to reflect differences in space
utilization.
The space inventories for each campus shall be those
determined in the fiscal
year 1999 instructional subsidy, adjusted
for changes attributable to the
construction or renovation of
facilities for which state appropriations were
made or local
commitments were made prior to January 1, 1995.
Only 50 per cent of the space permanently taken out of
operation in fiscal
year 2002 or fiscal year 2003 that is not
otherwise replaced by a campus shall
be deleted from the fiscal
year 1997 inventory.
The square-foot-based plant operation and maintenance subsidy
for each campus
shall be determined as follows:
(a) For each standard room type category shown below, the
subsidy-eligible
net assignable square feet (NASF) for each campus
shall be multiplied
by the
following rates, and the amounts summed
for each campus to determine the total
gross square-foot-based POM
expenditure requirement:
| FY 2002 | FY 2003 |
Classrooms | $5.33 | $5.56 |
Laboratories | $6.65 | $6.93 |
Offices | $5.33 | $5.56 |
Audio Visual Data Processing | $6.65 | $6.93 |
Storage | $2.36 | $2.46 |
Circulation | $6.73 | $7.01 |
Other | $5.33 | $5.56 |
(b) The total gross square-foot POM expenditure requirement
shall be
allocated to models in proportion to FTE
enrollments as
reported in enrollment data for all models
except Doctoral I and
Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b)
of
this section shall be
multiplied by
the ratio of subsidy-eligible
FTE
students to total FTE
students reported in
each model, and the
amounts summed for all models. To this total amount
shall be
added an amount to support roads and grounds expenditures to
produce
the total square-foot-based POM subsidy.
(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY
(a) The number of subsidy-eligible FTE students in each
model shall
be
multiplied by the following rates for each campus
for each fiscal year.
| FY 2002 | FY 2003 |
General Studies I | $ 537 | $ 543 |
General Studies II | $ 669 | $ 686 |
General Studies III | $1,424 | $1,565 |
Technical I | $ 649 | $ 750 |
Technical II | $1,315 | $1,436 |
Baccalaureate I | $ 671 | $ 692 |
Baccalaureate II | $1,175 | $1,263 |
Baccalaureate III | $1,606 | $1,674 |
Masters and Professional I | $1,138 | $1,217 |
Masters and Professional II | $2,447 | $2,928 |
Masters and Professional III | $3,363 | $3,932 |
Medical I | $2,568 | $2,653 |
Medical II | $3,470 | $3,581 |
Blended MPD I | $1,135 | $1,192 |
(b) The sum of the products for each campus determined in
division (B)(2)(a) of this section
for all models except Doctoral
I and Doctoral
II for each
fiscal year shall be weighted by a
factor to reflect
sponsored research
activity and job
training-related public
services expenditures to determine
the
total activity-based POM
subsidy.
(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS
(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS
The calculation of the core subsidy entitlement shall
consist
of the following components:
(a) For each campus and for each fiscal year, the core
subsidy entitlement shall be determined by multiplying the
amounts
listed above in divisions
(A)(1) and (2) and (B)(2) of this
section less assumed
local contributions, by (i) average
subsidy-eligible FTEs for the two-year period ending in the
prior
year for
all models except Doctoral I and Doctoral II; and (ii)
average
subsidy-eligible
FTEs for the five-year period
ending in
the
prior year for all models except Doctoral I and
Doctoral II.
(b) In calculating the core subsidy entitlements for
Medical
II models only, the Board of Regents shall use the following count
of
FTE students in place of the two-year average and
five-year
average of subsidy-eligible
students:
(i) For those medical schools whose current year
enrollment
is below the base enrollment, the Medical II FTE
enrollment shall
equal: 65 per cent of the base
enrollment plus
35 per cent of the
current year enrollment, where
the base
enrollment is:
| The Ohio State University | | 1010 |
| University of Cincinnati | | 833 |
| Medical College of Ohio at Toledo | | 650 |
| Wright State University | | 433 |
| Ohio University | | 433 |
| Northeastern Ohio Universities College of Medicine | | 433 |
(ii) For those medical schools whose current year
enrollment
is equal to or greater than the base enrollment, the
Medical II
FTE enrollment shall equal the
current
enrollment.
(c) For all FTE-based subsidy calculations involving
annualized
FTE data,
FTE-based allowances shall be converted from
annualized to all-terms
rates to
ensure equity and consistency of
subsidy determination.
(d) The Board of Regents shall compute the sum of the
two
calculations listed in division (C)(1)(a) of this section and use
the
greater sum as
the core subsidy entitlement.
The POM subsidy for each campus shall equal the greater of
the
square-foot-based subsidy or the activity-based POM subsidy
component
of the
core subsidy entitlement.
(e) The state share of instruction provided for doctoral
students shall be based on a fixed percentage of the total
appropriation. In fiscal year 2002, not more than 10.34 per cent
of the
total state share of instruction
shall be reserved to
implement the
recommendations of the Graduate
Funding Commission.
In fiscal
year 2003, not more than 10.25 per cent of the
total
state share of instruction shall be reserved for the same
purpose.
It is the
intent
of the General Assembly that the
doctoral reserve
be reduced 0.25
percentage points each year
thereafter until no
more than 10.0 per
cent of the
total
state
share of instruction
is reserved to implement
the recommendations
of the
Graduate
Funding Commission. The Board of Regents shall
reallocate 4 per
cent in fiscal year 2002 and 5 per cent in fiscal
year 2003 of the
reserve
among the state-assisted universities on
the basis of a
quality review as
specified in the recommendations
of the Graduate
Funding Commission.
The amount so reserved shall be allocated to universities in
proportion to
their share of the total number of Doctoral I
equivalent FTEs as
calculated on
an institutional basis using the
greater of the two-year or five-year
FTEs for
the period fiscal
year 1994 through fiscal year 1998 with annualized
FTEs for
fiscal
years 1994 through 1997 and all-term FTEs for fiscal year 1998
as
adjusted to
reflect the effects of doctoral review. For the
purposes of this calculation,
Doctoral I equivalent FTEs shall
equal the sum of Doctoral
I FTEs plus 1.5 times
the sum of
Doctoral II FTEs.
(2) ANNUAL HOLD HARMLESS PROVISION
In addition to and after the other adjustment noted above, in
fiscal year 2002 each campus shall have its state share of
instruction adjusted to the extent necessary to provide an amount
that is not less than 100 per cent of the state share of
instruction received by the campus in fiscal year 2001. In fiscal
year 2003, each campus shall have its state share of instruction
adjusted to the extent necessary to provide an amount that is not
less than 100 per cent of the state share of instruction received
by the campus in fiscal year 2002.
(3) CAPITAL COMPONENT DEDUCTION
After all other adjustments have been made, instructional
subsidy earnings
shall be reduced for each campus by the amount,
if any, by which debt service
charged in Am. H.B. No. 748 of the
121st General Assembly, Am. Sub. H.B.
No. 850 of
the 122nd
General
Assembly, and Am. H.B. No. 640 of the 123rd General Assembly for
that campus exceeds
that campus's capital
component earnings.
(D) REDUCTIONS IN EARNINGS
If the total state share of instruction earnings in
any
fiscal year exceed the total appropriations available for such
purposes, the Board of Regents shall proportionately reduce the
state share of instruction earnings for all campuses by a uniform
percentage
so that the systemwide sum equals available
appropriations.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction
payments
and
other subsidies distributed by the Board of Regents
to
state-assisted colleges and universities for exceptional
circumstances. No adjustments for exceptional circumstances may
be made without the recommendation of the Chancellor and the
approval of the Controlling Board.
DISTRIBUTION OF STATE SHARE OF INSTRUCTION
The state share of instruction payments to the institutions
shall
be in substantially equal monthly amounts during the fiscal
year,
unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the
Revised Code.
Payments during the first six months of the fiscal
year shall be
based upon the state share of instruction appropriation
estimates
made for the various institutions of higher education
according to
Board of Regents enrollment estimates.
Payments during the last
six months of the fiscal year shall be
distributed after approval
of the Controlling Board upon the
request of the Board of
Regents.
The state share of instruction to state-supported
universities for
students
enrolled in law schools in fiscal year
2002 and fiscal
year 2003 shall be
calculated by using the number
of subsidy-eligible FTE law
school students funded by state
subsidy in fiscal year 1995 or the actual
number of
subsidy-eligible FTE law school students at the
institution in the
fiscal year, whichever is less.
Section 7.02. MISSION-BASED CORE FUNDING FOR HIGHER EDUCATION
Funds appropriated to appropriation item 235-415, Jobs
Challenge, shall be distributed to state-assisted community and
technical colleges, regional campuses of state-assisted
universities, and other organizationally distinct and identifiable
member campuses of the EnterpriseOhio Network in support of job of
noncredit job-related training. In fiscal years 2002 and 2003,
$2,836,620 and $2,893,352, respectively, shall be distributed as
performance grants to EnterpriseOhio Network campuses based upon
each campus's documented performance according to criteria
established by the Board of Regents for increasing training and
related services to businesses, industries, and public sector
organizations.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$4,198,694 in each fiscal year shall be allocated to the Targeted
Industries Training Grant Program to attract, develop, and retain
business and industry strategically important to the state's
economy.
Also, in fiscal years 2002 and 2003, $4,012,812 and
$5,299,255, respectively, shall be allocated to the Non-credit
Incentives Grant Program to reward two-year campuses for
increasing the amount of non-credit skill upgrading services
provided to Ohio employers and employees. The funds shall be
distributed to campuses in proportion to each campus's share of
noncredit job-related training revenues received by all campuses
for the previous fiscal year. It is the intent of the General
Assembly that this workforce development incentive component of
the Jobs Challenge Program reward campus noncredit job-related
training efforts in the same manner that the Research Challenge
Program rewards campuses for their ability to obtain sponsored
research revenues.
Of the foregoing appropriation item 235-415, Jobs Challenge,
$2,500,000 in each fiscal year shall be allocated as an incentive
to support local EnterpriseOhio Network Campus/Adult Workforce
Education Center Partnerships. The purpose of the partnerships is
to promote and deliver coordinated, comprehensive training to
local employers. Each partnership shall include a formal
agreement between one or more EnterpriseOhio Network campus and
one or more adult workforce education center for the delivery of
training services. The Department of Education and Board of
Regents shall jointly award funds to certified EnterpriseOhio
campus/adult workforce education center partnerships to offer
training grants to eligible companies. A certified EnterpriseOhio
Network/adult workforce education center partnership is one that
has been documented and approved by the Board of Regents and the
Department of Education according to partnership criteria
established jointly by those agencies. An eligible company is one
that meets the funding criteria of the Targeted Industries
Training Grant Program. The amount set aside for the partnerships
is designed to match an equal appropriation in the Department of
Education's appropriation item 200-514, Post-Secondary/Adult
Vocational Education. The Department of Education's appropriation
also serves as a partnership-building incentive by allocating
funds to local EnterpriseOhio Network campus/adult workforce
education center partnerships.
In each fiscal year, the foregoing appropriation item
235-418, Access
Challenge, shall be distributed to Ohio's
state-assisted access colleges and
universities to freeze
instructional and general fees for resident lower-division
undergraduates at their fiscal year 2001 levels. For the
purposes of this
allocation,
"access campuses" includes
state-assisted community
colleges,
state community colleges,
technical colleges, Shawnee
State University,
Central State
University, Cleveland State
University, the regional campuses of
state-assisted universities,
and, where they are
organizationally
distinct and
identifiable,
the community-technical colleges
located at
the University of
Cincinnati, Youngstown State
University, and the
University of
Akron.
In each year of the biennium, Access Challenge appropriations
shall be allocated to eligible campuses according to the following
methodology:
(A) Each campus shall receive an amount equal to four per
cent of the product of its subsidy-eligible lower-division FTE
student enrollments for the prior fiscal year multiplied by the
unweighted average of in-state undergraduate instructional and
general fees for community colleges, state community colleges,
technical colleges, and regional campuses in fiscal year 2001.
(B) All remaining appropriations shall be allocated to each
campus proportionate to its share of the sum of FTEs used in the
distribution of access funds in the prior fiscal year updated with
the most recent FTE data available.
For the purposes of this calculation, Cleveland State
University's share of
full-time equivalent (FTE) subsidy-eligible
General Studies students shall equal its
total FTE
subsidy-eligible General Studies students
multiplied by
the ratio
of the sum of FTE subsidy-eligible
General Studies students
enrolled in the community-technical
colleges at the
University of
Toledo, the University of
Cincinnati, Youngstown State
University,
and the University of
Akron divided by the sum of FTE
subsidy-eligible
General Studies students enrolled at those same
four universities.
However, Cleveland State University shall not
receive less
in each
year of the 2001-2003 biennium than the
amount received in fiscal
year
2001.
For the purposes of this calculation, Youngstown State
University's enrollments shall be adjusted by the ratio of the sum
of subsidy-eligible lower-division FTE student enrollments
eligible for access funding to the sum of subsidy-eligible General
Studies FTE student enrollments at Central State University and
Shawnee State University, and for the following universities and
their regional campuses: Ohio State University, Ohio University,
Kent State University, Bowling Green State University, Miami
University, the University of Cincinnati, the University of Akron,
and Wright State University.
The tuition restraint required by these appropriations shall
apply to resident lower-division undergraduate students enrolled
at university regional campuses. Notwithstanding any other
provision of law to the contrary, the annual increase in in-state
undergraduate instructional and general fees for upper-division
undergraduates enrolled at university regional campuses shall not
exceed the maximum rate of increase authorized by law for in-state
resident undergraduates enrolled at university main campuses.
For Central State University and Shawnee State University,
the methodology shall consider the combined effects of Access
Challenge appropriations and each institution's supplement when
determining each institution's tuition restraint requirements in
each year of the biennium. No such determination shall be made
without the approval of the Office of Budget and Management. The
fee restraint provisions shall not apply to campuses that do not
receive an increase in Access Challenge allocations from one
fiscal year to the next. The tuition restraint or reduction
percentage shall not apply or be applied in the case of a
particular access campus, if and to the extent such application
would impair compliance with institutional covenants related to
payment of debt charges on its bonds or notes issued prior to July
1, 2001, or on bonds or notes for which a pledge of fees, or new
agreement for adjustment of fees, was approved prior to that date
by the Board of Regents as referred to in this act.
The foregoing appropriation item 235-420, Success
Challenge,
shall be used by the Board of Regents to promote
degree
completion by students enrolled at a main campus of a
state-assisted
university.
In each fiscal year, two-thirds of the appropriations shall
be distributed to
state-assisted university main campuses in
proportion to each campus's share of
the total statewide
bachelor's
degrees granted by university main campuses to
"at-risk" students.
In fiscal years 2002 and 2003, an
"at-risk"
student
means any undergraduate student who has
received an
Ohio
Instructional Grant during the past ten years.
An eligible
institution
shall not receive its share of this
distribution until
it has submitted
a plan that addresses how the
subsidy will
be
used to better serve at-risk students and increase
their
likelihood of
successful completion of a bachelor's degree
program. The Board of Regents
shall disseminate to all
state-supported
institutions of higher education all such plans
submitted by
institutions that received Success Challenge funds.
In each fiscal year, one-third of the appropriations shall be
distributed to
university main campuses in proportion to each
campus's share of the total
bachelor's degrees granted by
university main campuses to undergraduate
students who completed
their bachelor's degrees in a
"timely manner" in the
previous
fiscal year. For the purposes of this section,
"timely manner"
means the normal time it would take for a full-time degree-seeking
undergraduate
student to complete the student's degree.
Generally,
for
such students pursuing a bachelor's degree,
"timely
manner"
means four
years. Exceptions to this general rule shall
be
permitted for students
enrolled in programs specifically
designed
to be completed in a longer time
period. The Board of
Regents
shall collect base-line data beginning with the
1998-99
academic
year to assess the timely completion statistics by
university
main
campuses.
The foregoing appropriation item 235-451, Eminent Scholars,
shall be used by the Board of Regents to continue the Ohio
Eminent Scholars Program, the purpose of which is to
invest
educational resources to address problems that are of vital
statewide significance while fostering the growth in eminence of
Ohio's academic programs. Endowment grants of $750,000 to state
colleges and universities
and nonprofit Ohio institutions of
higher education holding certificates of
authorization issued
under section 1713.02 of the Revised Code to match
endowment gifts
from nonstate
sources may be made in accordance with a plan
established by the
Board of Regents. Matching gifts in
science
and technology
programs shall be $750,000, and in all
other
program areas,
$500,000. The grants shall have as their
purpose
attracting and
sustaining in Ohio scholar-leaders of
national or
international
prominence who will assist the state in
one of the
following three
areas: (1) improving the state's
economic
development; (2)
strengthening the state's system of K-12
education; or (3)
improving public health and safety. Such
scholar-leaders shall, among
their duties, share broadly the
benefits and knowledge unique to their
field of scholarship to the
betterment of Ohio and its people.
The foregoing appropriation item 235-454, Research
Challenge,
shall be used to enhance the basic research
capabilities of public
colleges and universities and accredited
Ohio institutions of
higher education holding certificates of
authorization issued
pursuant to section 1713.02 of the Revised
Code, in order to
strengthen academic research for pursuing
Ohio's economic
redevelopment goals. The Board of Regents,
in consultation
with
the colleges and universities, shall
administer the Research
Challenge Program and utilize a means of
matching, on a fractional
basis, external funds attracted in the
previous year by
institutions for basic research. The program
may include
incentives for increasing the amount of external
research funds
coming to eligible institutions and for
focusing research
efforts
upon critical state needs. Colleges
and universities
shall submit
for review and approval to the
Board of Regents
plans for the
institutional allocation of state
dollars received
through the
program. The institutional plans
shall provide the
rationale for
the allocation in terms of the
strategic targeting
of funds for
academic and state purposes, for
strengthening
research programs,
and for increasing the amount of
external
research funds, and
shall include an evaluation process
to provide
results of the
increased support.
The Board of Regents shall submit a biennial report of
progress to the General Assembly.
COMPUTER SCIENCE GRADUATE EDUCATION
The foregoing appropriation item 235-554, Computer Science
Graduate Education,
shall be used by the Board of Regents to
support improvements in graduate
programs in computer science at
state-assisted universities. In each fiscal
year, up to $200,000
may be used to support collaborative efforts in graduate
education
in this program area.
Section 7.03. HIGHER EDUCATION - BOARD OF TRUSTEES
Funds appropriated for instructional subsidies at colleges
and universities may be used to provide such branch or other
off-campus undergraduate courses of study and such master's
degree
courses of study as may be approved by the Board of
Regents.
In providing instructional and other services to students,
boards of trustees
of state-assisted institutions of higher
education shall supplement state
subsidies by income from charges
to students. Each board shall establish the
fees to be charged to
all students, including an instructional fee for
educational and
associated operational support of the institution and a
general
fee for noninstructional services, including locally financed
student
services facilities used for the benefit of enrolled
students. The
instructional fee and the general fee shall
encompass all charges for services
assessed uniformly to all
enrolled students. Each board may also establish
special purpose
fees, service charges, and fines as required; such special
purpose
fees and service charges shall be for services or benefits
furnished
individual students or specific categories of students
and shall not be
applied uniformly to all enrolled students. A
tuition surcharge shall be paid
by all students who are not
residents of Ohio.
Boards of trustees of individual state-assisted universities
shall limit
combined university main campus in-state undergraduate
instructional and
general fee increases for an academic year over
the amounts charged in the
prior academic year to no more than six
per cent. The boards of trustees of
individual state-assisted
universities shall not authorize combined university
main campus
in-state undergraduate instructional and general fee increases of
more than four per cent in a single vote. These fee increase
limitations
apply even if an institutional board of trustees has,
prior to the
effective
date of this section, voted to assess a
higher fee for
the 2001-2002 academic
year. These limitations
shall not apply
to
increases required to comply with institutional
covenants related
to their
obligations or to meet unfunded legal
mandates or legally
binding obligations
incurred or commitments
made prior to the
effective date of this section with
respect to
which the
institution
had identified such fee increases as the
source of
funds. Any
increase required by such covenants and any
such
mandates,
obligations, or commitments shall be reported by
the
Board of
Regents to the Controlling Board. These limitations
may
also be
modified by
the Board of Regents, with the approval
of
the
Controlling Board, to
respond to exceptional circumstances
as
identified by the Board of
Regents.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees.
Each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be
considered
to be an integral part of the state government
financing program
in support of higher educational opportunity
for students.
In providing the appropriations in support of instructional
services at state-assisted institutions of higher education and
the appropriations for other instruction it is the intent of the
General Assembly that faculty members shall devote a proper and
judicious part of their work week to the actual instruction of
students. Total class credit hours of production per quarter per
full-time faculty member is expected to meet the standards set
forth in the budget data submitted by the Board of Regents.
The authority of government vested by law in the boards of
trustees of state-assisted institutions of higher education shall
in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty
groups.
Administrative decisions about the utilization of
available
resources, about organizational structure, about
disciplinary
procedure, about the operation and staffing of all
auxiliary
facilities, and about administrative personnel shall be
the
exclusive prerogative of boards of trustees. Any delegation
of
authority by a board of trustees in other areas of
responsibility
shall be accompanied by appropriate standards of
guidance
concerning expected objectives in the exercise of such
delegated
authority and shall be accompanied by periodic review
of the
exercise of this delegated authority to the end that the
public
interest, in contrast to any institutional or special
interest,
shall be served.
OSU LIMITED TUITION CAP EXEMPTION
In addition to the six per cent main campus in-state
undergraduate instructional and general fee increase limit
established in this section, the board of trustees of The Ohio
State University may authorize an additional university main
campus in-state undergraduate instructional and general fee
increase for academic years 2002 and 2003 over the amounts charged
in the prior academic years of no more than a $4 per credit hour
per quarter increase, or $144 for a full-time student for an
academic year.
The amount of this increase above the six per cent main
campus in-state undergraduate instructional and graduate fee
increase limit established in this section shall be used
exclusively to enhance undergraduate education. Areas of
enhancement shall include increased financial aid for
undergraduate students and improvements in academic programming
and support services for undergraduate students pursuant to a
plan approved by the board of trustees of The Ohio State
University. The Ohio State University shall ensure that the
additional increases above the six per cent main campus in-state
undergraduate instructional and graduate fee do not limit access
to academically qualified financial aid-eligible students.
By December 30, 2002, The Ohio State University shall provide
a report to the Board of Regents that indicates how the additional
funds have been utilized to enhance undergraduate education during
that period.
Section 7.04. MEDICAL SCHOOL SUBSIDIES
The foregoing appropriation item 235-515, CWRU School of
Medicine, shall be disbursed to Case Western Reserve University
through the Board of Regents in accordance with agreements
entered into as provided for by section 3333.10 of the Revised
Code, provided that the state support per full-time medical
student shall not exceed that provided to full-time medical
students at state universities.
The foregoing appropriation items 235-536, Ohio State
University Clinical Teaching; 235-537, University of
Cincinnati
Clinical Teaching; 235-538, Medical College of
Ohio at Toledo
Clinical Teaching; 235-539, Wright State
University Clinical
Teaching; 235-540, Ohio University
Clinical Teaching; and 235-541,
Northeastern Ohio
Universities College of Medicine Clinical
Teaching, shall
be distributed through the Board of Regents.
The foregoing appropriation item 235-572, Ohio State
University Clinic
Support,
shall be distributed through the
Board
of Regents
to The Ohio
State University for support of
dental and
veterinary
medicine
clinics.
The Board of Regents shall develop plans consistent
with
existing criteria and guidelines as may be required for the
distribution of appropriation items 235-519, Family Practice,
235-525, Geriatric Medicine, and 235-526, Primary Care
Residencies.
Of the foregoing appropriation item 235-539, Wright State
University Clinical Teaching, $160,000 in each fiscal year
shall
be for the use of Wright State
University's Ellis Institute for
Clinical Teaching Studies to
operate the clinical facility to
serve the Greater Dayton
area.
PERFORMANCE STANDARDS FOR MEDICAL EDUCATION
The Board of Regents, in consultation with the
state-assisted medical
colleges, shall develop performance
standards for medical
education. Special
emphasis in the
standards shall be placed on attempting to ensure
that at least 50
per cent of the aggregate number of students
enrolled in
state-assisted medical colleges continue to enter residency as
primary care
physicians. Primary care physicians are
general
family
practice
physicians, general internal medicine
practitioners, and general
pediatric care
physicians.
The Board
of Regents shall monitor medical school
performance in relation
to their
plans for reaching the 50 per
cent systemwide standard
for primary care
physicians.
The foregoing appropriation item 235-526, Primary Care
Residencies, shall be
distributed in each fiscal year of the
biennium, based on whether the
institution has
submitted and
gained
approval for a plan. If the institution does not have an
approved
plan, it shall receive five per cent less funding per
student
than it would have received from its annual allocation.
The
remaining funding shall be distributed among those
institutions
that meet or
exceed their targets.
AREA HEALTH EDUCATION CENTERS
The foregoing appropriation item 235-474, AHEC Program
Support, shall be used by the Board of Regents to support
the
medical school regional area health education centers' educational
programs for the
continued support of medical and other health
professions
education and for support of the Area Health Education
Center
Program.
Of the foregoing appropriation item 235-474, AHEC Program
Support, $200,000 in each fiscal year shall be disbursed to the
Ohio University College of Osteopathic Medicine for the
establishment of a mobile health care unit to serve the
southeastern area of the state. Of the foregoing appropriation
item 235-474, AHEC Program Support, $150,000 in each fiscal year
shall be used to support the Ohio Valley Community Health
Information Network (OVCHIN) project.
Section 7.05. MIDWEST HIGHER EDUCATION COMPACT
The foregoing appropriation item 235-408, Midwest Higher
Education Compact, shall be distributed by the Board of
Regents
pursuant to section 3333.40 of the Revised Code.
COLLEGE READINESS INITIATIVES
Appropriation item 235-404, College Readiness Initiatives,
shall be used by
the
Board of Regents to support programs
designed to improve the ability of
high
school students to enroll
and succeed in higher education.
MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT
Appropriation item 235-403, Math/Science Teaching
Improvement, shall be used
by
the Board of Regents to support
programs designed to raise the quality of
mathematics and science
teaching in primary and secondary education.
Appropriation item 235-417, Ohio Learning Network, shall be
used by the
Board of
Regents to support the continued
implementation of the
Ohio Learning Network,
a statewide
electronic collaborative effort
designed to promote degree
completion of students, workforce
training of employees, and
professional
development through the
use of advanced
telecommunications and distance
education
initiatives.
Out of the foregoing appropriation item 235-509, Displaced
Homemakers, the Board of Regents shall continue funding
pilot
projects authorized in Am. Sub. H.B. No. 291 of the 115th
General
Assembly for the following centers: Cuyahoga Community
College,
University of Toledo, Southern State Community College,
and Stark
Technical College. The amount of $30,000 in each
fiscal year
shall be used for the Baldwin-Wallace Single Parents
Reaching Out
for Unassisted Tomorrows program.
The foregoing appropriation item 235-527, Ohio Aerospace
Institute, shall be distributed by the Board of Regents
under
section 3333.042 of the Revised Code.
PRODUCTIVITY IMPROVEMENT CHALLENGE
The foregoing appropriation item 235-455, Productivity
Improvement
Challenge, shall be allocated by the Board of
Regents
to continue increasing
the capabilities of the EnterpriseOhio
Network to meet the ongoing training needs of
Ohio employers.
Funds shall support multicampus collaboration, best practice
dissemination, and capacity building
projects. The Regents
Advisory Committee for Workforce
Development, in its advisory
role, shall advise in the development of plans
and
activities.
Of the foregoing appropriation item 235-455, Productivity
Improvement
Challenge, $208,000 in each fiscal year shall
be used
by the Dayton Business/Sinclair College Jobs Profiling Program.
ACCESS IMPROVEMENT PROJECTS
The foregoing appropriation item 235-477, Access
Improvement
Projects, shall be used by the Board of Regents
to develop
innovative statewide strategies to increase student
access and
retention for specialized populations, and to provide
for pilot
projects that will contribute to improving access to
higher
education by specialized populations. The funds may be
used for
projects that improve access for nonpublic secondary
students.
Of the foregoing appropriation item 235-477, Access
Improvement Projects, $740,000 in each fiscal year shall be
distributed to
the Appalachian Center for Higher Education at
Shawnee
State University. The board of directors of the center
shall consist of the presidents of Shawnee State University,
Ohio
University, Belmont Technical College, Hocking Technical
College,
Jefferson Technical College, Muskingum Area Technical
College,
Rio
Grande Community College, Southern State Community
College,
and
Washington State Community College; the dean of either
the Salem
or East Liverpool regional campus of Kent State
University, as
designated by the president of Kent State
University; a
representative of the Board of Regents
designated by the
Chancellor; and other members as may be determined by the Board of
Regents.
OHIO SUPERCOMPUTER CENTER
The foregoing appropriation item 235-510, Ohio
Supercomputer
Center, shall be used by the Board of Regents
to support the
operation of the center, located at The Ohio State
University, as
a statewide resource available to
Ohio research universities both
public and private. It is also
intended that the center be made
accessible to private industry
as appropriate. Policies of the
center shall be established by a
governance committee,
representative of Ohio's research
universities and private
industry, to be appointed by the
Chancellor of the Board of
Regents and established for this
purpose.
OHIO ACADEMIC RESOURCES NETWORK (OARNET)
The foregoing appropriation item 235-556, Ohio Academic
Resource Network,
shall be used to support the
operations of the
Ohio Academic Resource Network, which shall include support
for
Ohio's state-assisted colleges and universities in maintaining and
enhancing network connections.
Section 7.06. PLEDGE OF FEES*
Any new pledge of fees, or new agreement for adjustment of
fees, made in the 2001-2003 biennium to secure bonds or notes of
a
state-assisted institution of higher education for a project
for
which bonds or notes were not outstanding on the effective
date of
this section shall be effective only after approval by the
Board
of Regents, unless approved in a previous biennium.
HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 235-909, Higher Education
General Obligation Debt Service, shall be used to pay all debt
service and financing costs at the times they are required to be
made pursuant to sections 151.01 and 151.04 of the Revised Code
during the period from July 1, 2001, to June 30, 2003. The Office
of the Sinking Fund or the Director of Budget and Management shall
effectuate the required payments by an interstate transfer
voucher.
The foregoing appropriation item 235-401, Lease-Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2001, to June
30, 2003, by the Board of Regents pursuant to leases and
agreements made under section 154.21 of the Revised Code, but
limited to the aggregate amount of $563,969,000. Nothing in this
act shall be deemed to contravene the obligation of the state to
pay, without necessity for further appropriation, from the sources
pledged thereto, the bond service charges on obligations issued
pursuant to section 154.21 of the Revised Code.
Section 7.07. OHIO INSTRUCTIONAL GRANTS
Notwithstanding section 3333.12 of the Revised Code, in lieu
of the tables in that section, instructional grants for all
full-time students shall be made for fiscal year 2002 using the
tables under this heading.
The tables under this heading prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. The grant amount for a full-time
student enrolled in an eligible institution for a semester or
quarter in addition to the portion of the academic year covered by
a grant determined under these tables shall be a percentage of the
maximum prescribed in the applicable table. The maximum grant for
a fourth quarter shall be one-third of the maximum amount
prescribed under the table. The maximum grant for a third semester
shall be one-half of the maximum amount prescribed under the
table.
For a full-time student who is a dependent and enrolled in a
nonprofit educational institution that is not a state-assisted
institution and that has a certificate of authorization issued
pursuant to Chapter 1713. of the Revised Code, the amount of the
instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Private InstitutionTable of Grants
| Maximum Grant $5,160 |
Gross Income | Number of Dependents |
Under $14,000 | | $5,160 | | $5,160 | | $5,160 | | $5,160 | | $5,160 |
$14,001 - $15,000 | | 4,644 | | 5,160 | | 5,160 | | 5,160 | | 5,160 |
$15,001 - $16,000 | | 4,116 | | 4,644 | | 5,160 | | 5,160 | | 5,160 |
$16,001 - $17,000 | | 3,612 | | 4,116 | | 4,644 | | 5,160 | | 5,160 |
$17,001 - $18,000 | | 3,102 | | 3,612 | | 4,116 | | 4,644 | | 5,160 |
$18,001 - $21,000 | | 2,586 | | 3,102 | | 3,612 | | 4,116 | | 4,644 |
$21,001 - $24,000 | | 2,058 | | 2,586 | | 3,102 | | 3,612 | | 4,116 |
$24,001 - $27,000 | | 1,536 | | 2,058 | | 2,586 | | 3,102 | | 3,612 |
$27,001 - $30,000 | | 1,272 | | 1,536 | | 2,058 | | 2,586 | | 3,102 |
$30,001 - $31,000 | | 1,020 | | 1,272 | | 1,536 | | 2,058 | | 2,586 |
$31,001 - $32,000 | | 930 | | 1,020 | | 1,272 | | 1,536 | | 2,058 |
$32,001 - $33,000 | | 840 | | 930 | | 1,020 | | 1,272 | | 1,536 |
$33,001 - $34,000 | | 420 | | 840 | | 930 | | 1,020 | | 1,272 |
$34,001 - $35,000 | | -- | | 420 | | 840 | | 930 | | 1,020 |
$35,001 - $36,000 | | -- | | -- | | 420 | | 840 | | 930 |
$36,001 - $37,000 | | -- | | -- | | -- | | 420 | | 840 |
$37,001 - $38,000 | | -- | | -- | | -- | | -- | | 420 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for two semesters,
three quarters, or a comparable portion of the academic year
shall
be determined in accordance with the following table:
Private InstitutionTable of Grants
| Maximum Grant $5,160 |
Gross Income | Number of Dependents |
Under $4,500 | $5,160 | | $5,160 | | $5,160 | $5,160 | $5,160 | | $5,160 |
$4,501 - $5,000 | 4,644 | | 5,160 | | 5,160 | 5,160 | 5,160 | | 5,160 |
$5,001 - $5,500 | 4,116 | | 4,644 | | 5,160 | 5,160 | 5,160 | | 5,160 |
$5,501 - $6,000 | 3,612 | | 4,116 | | 4,644 | 5,160 | 5,160 | | 5,160 |
$6,001 - $6,500 | 3,102 | | 3,612 | | 4,116 | 4,644 | 5,160 | | 5,160 |
$6,501 - $7,000 | 2,586 | | 3,102 | | 3,612 | 4,116 | 4,644 | | 5,160 |
$7,001 - $8,000 | 2,058 | | 2,586 | | 3,102 | 3,612 | 4,116 | | 4,644 |
$8,001 - $9,000 | 1,536 | | 2,058 | | 2,586 | 3,102 | 3,612 | | 4,116 |
$9,001 - $10,000 | 1,272 | | 1,536 | | 2,058 | 2,586 | 3,102 | | 3,612 |
$10,001 - $11,500 | 1,020 | | 1,272 | | 1,536 | 2,058 | 2,586 | | 3,102 |
$11,501 - $13,000 | 930 | | 1,020 | | 1,272 | 1,536 | 2,058 | | 2,586 |
$13,001 - $14,500 | 840 | | 930 | | 1,020 | 1,272 | 1,536 | | 2,058 |
$14,501 - $16,000 | 420 | | 840 | | 930 | 1,020 | 1,272 | | 1,536 |
$16,001 - $19,000 | -- | | 420 | | 840 | 930 | 1,020 | | 1,272 |
$19,001 - $22,000 | -- | | -- | | 420 | 840 | 930 | | 1,020 |
$22,001 - $25,000 | -- | | -- | | -- | 420 | 840 | | 930 |
$25,001 - $30,000 | -- | | -- | | -- | -- | 420 | | 840 |
$30,001 - $35,000 | -- | | -- | | -- | -- | -- | | 420 |
For a full-time student who is a dependent and enrolled in an
educational institution that holds a certificate of registration
from the state board of proprietary school registration, the
amount of the instructional grant for two semesters, three
quarters, or a comparable portion of the academic year shall be
determined in accordance with the following table:
Proprietary InstitutionTable of Grants
| Maximum Grant $4,374 |
Gross Income | Number of Dependents |
Under $14,000 | | $4,374 | | $4,374 | | $4,374 | | $4,374 | | $4,374 |
$14,001 - $15,000 | | 3,948 | | 4,374 | | 4,374 | | 4,374 | | 4,374 |
$15,001 - $16,000 | | 3,480 | | 3,948 | | 4,374 | | 4,374 | | 4,374 |
$16,001 - $17,000 | | 3,042 | | 3,480 | | 3,948 | | 4,374 | | 4,374 |
$17,001 - $18,000 | | 2,634 | | 3,042 | | 3,480 | | 3,948 | | 4,374 |
$18,001 - $21,000 | | 2,166 | | 2,634 | | 3,042 | | 3,480 | | 3,948 |
$21,001 - $24,000 | | 1,752 | | 2,166 | | 2,634 | | 3,042 | | 3,480 |
$24,001 - $27,000 | | 1,338 | | 1,752 | | 2,166 | | 2,634 | | 3,042 |
$27,001 - $30,000 | | 1,074 | | 1,338 | | 1,752 | | 2,166 | | 2,634 |
$30,001 - $31,000 | | 858 | | 1,074 | | 1,338 | | 1,752 | | 2,166 |
$31,001 - $32,000 | | 804 | | 858 | | 1,074 | | 1,338 | | 1,752 |
$32,001 - $33,000 | | 708 | | 804 | | 858 | | 1,074 | | 1,338 |
$33,001 - $34,000 | | 354 | | 708 | | 804 | | 858 | | 1,074 |
$34,001 - $35,000 | | -- | | 354 | | 708 | | 804 | | 858 |
$35,001 - $36,000 | | -- | | -- | | 354 | | 708 | | 804 |
$36,001 - $37,000 | | -- | | -- | | -- | | 354 | | 708 |
$37,001 - $38,000 | | -- | | -- | | -- | | -- | | 354 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate of
registration from the state board of proprietary school
registration, the amount of the instructional grant for two
semesters, three quarters, or a comparable portion of the academic
year shall be determined in accordance with the following table:
Proprietary InstitutionTable of Grants
| Maximum Grant $4,374 |
Gross Income | Number of Dependents |
Under $4,500 | $4,374 | | $4,374 | | $4,374 | $4,374 | $4,374 | | $4,374 |
$4,501 - $5,000 | 3,948 | | 4,374 | | 4,374 | 4,374 | 4,374 | | 4,374 |
$5,001 - $5,500 | 3,480 | | 3,948 | | 4,374 | 4,374 | 4,374 | | 4,374 |
$5,501 - $6,000 | 3,042 | | 3,480 | | 3,948 | 4,374 | 4,374 | | 4,374 |
$6,001 - $6,500 | 2,634 | | 3,042 | | 3,480 | 3,948 | 4,374 | | 4,374 |
$6,501 - $7,000 | 2,166 | | 2,634 | | 3,042 | 3,480 | 3,948 | | 4,374 |
$7,001 - $8,000 | 1,752 | | 2,166 | | 2,634 | 3,042 | 3,480 | | 3,948 |
$8,001 - $9,000 | 1,338 | | 1,752 | | 2,166 | 2,634 | 3,042 | | 3,480 |
$9,001 - $10,000 | 1,074 | | 1,338 | | 1,752 | 2,166 | 2,634 | | 3,042 |
$10,001 - $11,500 | 858 | | 1,074 | | 1,338 | 1,752 | 2,166 | | 2,634 |
$11,501 - $13,000 | 804 | | 858 | | 1,074 | 1,338 | 1,752 | | 2,166 |
$13,001 - $14,500 | 708 | | 804 | | 858 | 1,074 | 1,338 | | 1,752 |
$14,501 - $16,000 | 354 | | 708 | | 804 | 858 | 1,074 | | 1,338 |
$16,001 - $19,000 | -- | | 354 | | 708 | 804 | 858 | | 1,074 |
$19,001 - $22,000 | -- | | -- | | 354 | 708 | 804 | | 858 |
$22,001 - $25,000 | -- | | -- | | -- | 354 | 708 | | 804 |
$25,001 - $30,000 | -- | | -- | | -- | -- | 354 | | 708 |
$30,001 - $35,000 | -- | | -- | | -- | -- | -- | | 354 |
For a full-time student who is a dependent and enrolled in a
state-assisted educational institution, the amount of the
instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
| Maximum Grant $2,070 |
Gross Income | Number of Dependents |
Under $14,000 | | $2,070 | | $2,070 | | $2,070 | | $2,070 | | $2,070 |
$14,001 - $15,000 | | 1,866 | | 2,070 | | 2,070 | | 2,070 | | 2,070 |
$15,001 - $16,000 | | 1,644 | | 1,866 | | 2,070 | | 2,070 | | 2,070 |
$16,001 - $17,000 | | 1,458 | | 1,644 | | 1,866 | | 2,070 | | 2,070 |
$17,001 - $18,000 | | 1,248 | | 1,458 | | 1,644 | | 1,866 | | 2,070 |
$18,001 - $21,000 | | 1,020 | | 1,248 | | 1,458 | | 1,644 | | 1,866 |
$21,001 - $24,000 | | 816 | | 1,020 | | 1,248 | | 1,458 | | 1,644 |
$24,001 - $27,000 | | 612 | | 816 | | 1,020 | | 1,248 | | 1,458 |
$27,001 - $30,000 | | 492 | | 612 | | 816 | | 1,020 | | 1,248 |
$30,001 - $31,000 | | 396 | | 492 | | 612 | | 816 | | 1,020 |
$31,001 - $32,000 | | 366 | | 396 | | 492 | | 612 | | 816 |
$32,001 - $33,000 | | 336 | | 366 | | 396 | | 492 | | 612 |
$33,001 - $34,000 | | 168 | | 336 | | 366 | | 396 | | 492 |
$34,001 - $35,000 | | -- | | 168 | | 336 | | 366 | | 396 |
$35,001 - $36,000 | | -- | | -- | | 168 | | 336 | | 366 |
$36,001 - $37,000 | | -- | | -- | | -- | | 168 | | 336 |
$37,001 - $38,000 | | -- | | -- | | -- | | -- | | 168 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for two semesters, three quarters, or a
comparable portion of the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
| Maximum Grant $2,070 |
Gross Income | Number of Dependents |
Under $14,000 | | $2,070 | | $2,070 | | $2,070 | | $2,070 | | $2,070 |
$14,001 - $15,000 | | 1,866 | | 2,070 | | 2,070 | | 2,070 | | 2,070 |
$15,001 - $16,000 | | 1,644 | | 1,866 | | 2,070 | | 2,070 | | 2,070 |
$16,001 - $17,000 | | 1,458 | | 1,644 | | 1,866 | | 2,070 | | 2,070 |
$17,001 - $18,000 | | 1,248 | | 1,458 | | 1,644 | | 1,866 | | 2,070 |
$18,001 - $21,000 | | 1,020 | | 1,248 | | 1,458 | | 1,644 | | 1,866 |
$21,001 - $24,000 | | 816 | | 1,020 | | 1,248 | | 1,458 | | 1,644 |
$24,001 - $27,000 | | 612 | | 816 | | 1,020 | | 1,248 | | 1,458 |
$27,001 - $30,000 | | 492 | | 612 | | 816 | | 1,020 | | 1,248 |
$30,001 - $31,000 | | 396 | | 492 | | 612 | | 816 | | 1,020 |
$31,001 - $32,000 | | 366 | | 396 | | 492 | | 612 | | 816 |
$32,001 - $33,000 | | 336 | | 366 | | 396 | | 492 | | 612 |
$33,001 - $34,000 | | 168 | | 336 | | 366 | | 396 | | 492 |
$34,001 - $35,000 | | -- | | 168 | | 336 | | 366 | | 396 |
$35,001 - $36,000 | | -- | | -- | | 168 | | 336 | | 366 |
$36,001 - $37,000 | | -- | | -- | | -- | | 168 | | 336 |
$37,001 - $38,000 | | -- | | -- | | -- | | -- | | 168 |
The foregoing appropriation item 235-503, Ohio Instructional
Grants, shall be used to make the payments authorized by division
(C) of section 3333.26 of the Revised Code to the institutions
described in that division. In addition, this appropriation shall
be used to reimburse the institutions described in division (B) of
section 3333.26 of the Revised Code for the cost of the waivers
required by that division.
The foregoing appropriation item 235-504, War Orphans
Scholarships, shall be used to reimburse state-assisted
institutions of higher education for waivers of instructional fees
and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization
from the Ohio Board of Regents under Chapter 1713. of the Revised
Code, in accordance with the provisions of section 5910.04 of the
Revised Code, and to fund additional scholarship benefits provided
by section 5910.032 of the Revised Code.
PART-TIME STUDENT INSTRUCTIONAL GRANTS
The foregoing appropriation item 235-549, Part-time Student
Instructional Grants, shall be used to support a grant program for
part-time undergraduate students who are Ohio residents and who
are enrolled in degree granting programs.
Eligibility for participation in the program shall include
degree granting educational institutions that hold a certificate
of registration from the State Board of Proprietary School
Registration, and nonprofit institutions that have a certificate
of authorization issued pursuant to Chapter 1713. of the Revised
Code, as well as state-assisted colleges and universities. Grants
shall be given to students on the basis of need, as determined by
the college, which, in making these determinations, shall give
special consideration to single-parent heads-of-household and
displaced homemakers who enroll in an educational degree program
that prepares the individual for a career. In determining need,
the college also shall consider the availability of educational
assistance from a student's employer. It is the intent of the
General Assembly that these grants not supplant such assistance.
Section 7.08. CAPITOL SCHOLARSHIP PROGRAMS
The foregoing appropriation item 235-518, Capitol Scholarship
Programs,
shall be used to provide 125
scholarships in each fiscal
year in the
amount of
$2,000 each for
students enrolled in Ohio's
public and private institutions of
higher education to participate
in the Washington Center
Internship Program.
The scholarships
shall be matched by the
Washington Center's scholarship
funds.
The foregoing appropriation item 235-531, Student Choice
Grants, shall be used to support the Student Choice Grant Program
created by section 3333.27 of the Revised Code.
The foregoing appropriation item 235-530, Academic
Scholarships, shall be used to provide academic scholarships to
students under section 3333.22 of the Revised Code. The annual
scholarship amount awarded to any student who receives a
scholarship for the 2001-2002 and 2002-2003 academic years shall
be $2,000.
The foregoing appropriation item 235-604, Physician Loan
Repayment, shall be used in accordance with sections 3702.71
to
3702.81 of the Revised Code.
The foregoing appropriation item 235-606, Nursing Loan
Program, shall be used to administer the nurse education
assistance program. Up to $159,600 in fiscal year 2002 and
$167,580 in fiscal year 2003 may be used for operating expenses
associated with the program. Any additional funds needed for the
administration of the program are subject to Controlling Board
approval.
Section 7.09. COOPERATIVE EXTENSION SERVICE
Of the foregoing appropriation item 235-511, Cooperative
Extension Service, $210,000 in each fiscal year
shall be used for
additional staffing for county
agents for expanded 4-H activities.
Of the foregoing
appropriation item 235-511, Cooperative Extension
Service,
$210,000 in each fiscal year
shall be used by the
Cooperative Extension Service, through the
Enterprise Center for
Economic Development in cooperation with
other agencies, for a
public-private effort to create and operate
a small business
economic development program to enhance the
development of
alternatives to the growing of tobacco, and
implement, through
applied research and demonstration, the
production and marketing
of other high-value crops and
value-added products. Of the
foregoing appropriation item
235-511, Cooperative Extension
Service, $65,000 in each fiscal
year shall be used for farm labor
mediation and education
programs. Of the foregoing appropriation
item 235-511, Cooperative Extension
Service, $215,000 in each
fiscal year shall
be used to support the Ohio State University
Marion Enterprise Center.
Of the foregoing appropriation item 235-511, Cooperative
Extension Service,
$910,500 in each
fiscal year shall be used to
support the Ohio Watersheds
Initiative.
AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER
Of the foregoing appropriation item 235-535, Agricultural
Research and Development Center, $950,000 in each fiscal year
shall be distributed to the Piketon
Agricultural Research and
Extension Center.
Of the foregoing appropriation item 235-535, Agricultural
Research and
Development Center, $250,000 in each fiscal year
shall be distributed to the
Raspberry/Strawberry-Ellagic Acid
Research program at the Ohio State
University Medical College in
cooperation with the Ohio State University
College of Agriculture.
Of the foregoing appropriation item 235-535, Agricultural
Research and
Development Center, $50,000 in each fiscal year shall
be used to support the
Ohio Berry Administrator.
Of the foregoing appropriation item 235-535, Agricultural
Research and Development Center, $100,000 in each fiscal year
shall be
used for the development of agricultural crops and
products not
currently in widespread production in Ohio, in order
to increase
the income and viability of family farmers.
COOPERATIVE EXTENSION SERVICE AND AGRICULTURAL RESEARCH AND
DEVELOPMENT CENTER
The foregoing appropriation items 235-511, Cooperative
Extension Service, and 235-535, Agricultural Research and
Development Center, shall be disbursed through the Board of
Regents to The Ohio State University in monthly payments, unless
otherwise determined by the Director of Budget and Management
pursuant to section 126.09 of the Revised
Code.
Of the foregoing
appropriation item 235-535, Agricultural
Research
and Development
Center, $540,000 in each fiscal year
shall be used
to purchase
equipment.
The Ohio Agricultural Research and Development Center shall
not be required to remit payment to The Ohio State University
during the 2001-2003 biennium for cost reallocation
assessments.
The cost reallocation assessments include, but are
not limited to,
any assessment on state appropriations to the
center.
The foregoing appropriation item 235-402, Sea Grants, shall
be disbursed to
The Ohio State University and shall be
used to
conduct research on fish in
Lake Erie.
The foregoing appropriation item 235-409, Information System,
shall be used by
the Board of Regents to operate the higher
education information data system known as the
Higher Education
Information System.
The foregoing appropriation item 235-502, Student Support
Services, shall be
distributed by the Board of Regents to Ohio's
state-assisted colleges and
universities that incur
disproportionate costs in the provision of support
services to
disabled students.
The foregoing appropriation item 235-514, Central State
Supplement, shall be used by Central State University to keep
undergraduate fees below the statewide average, consistent with
its mission of service to many first-generation college students
from groups historically underrepresented in higher education and
from families with limited incomes.
The foregoing appropriation item 235-520, Shawnee State
Supplement, shall be used by Shawnee State University as detailed
by both of the following:
(A) To allow Shawnee State University to keep its
undergraduate
fees below the statewide average, consistent with
its mission of service to an
economically depressed Appalachian
region;
(B) To allow Shawnee State University to employ new faculty
to develop and
teach in new degree programs that meet the needs of
Appalachians.
POLICE AND FIRE PROTECTION
The foregoing appropriation item 235-524, Police and Fire
Protection, shall be
used for police and fire services in the
municipalities of Kent, Athens,
Oxford, Fairborn, Bowling Green,
Portsmouth, Xenia Township (Greene County),
and Rootstown
Township, which may be used to assist these local governments in
providing police and fire protection for the central campus of the
state-affiliated university located therein. Each participating
municipality
and township shall receive at least five thousand
dollars per year. Funds
shall be distributed by the Board of
Regents.
SCHOOL OF INTERNATIONAL BUSINESS
Of the foregoing appropriation item 235-547, School of
International Business,
$1,243,637 in each fiscal year shall be
used for the continued development and
support of the School of
International Business of the state universities of northeast
Ohio. The money
shall go to the University of Akron. These funds
shall be used by the
university to establish a School of
International Business located at the
University of Akron. It may
confer with Kent State University,
Youngstown State
University,
and Cleveland State University as to the
curriculum
and other
matters regarding the school.
Of the foregoing appropriation item 235-547, School of
International Business,
$250,000 in each fiscal year shall be used
to support the University of Toledo
International Business
Institute.
Of the foregoing appropriation item 235-547, School of
International Business,
$250,000 in each fiscal year shall be used
to support the Ohio State
University
MUCIA program.
The foregoing appropriation item 235-552, Capital Component,
shall be used by
the Board of Regents to implement the
capital
funding policy for
state-assisted colleges and
universities
established in Am. H.B. No. 748 of
the
121st General
Assembly.
Appropriations from this item shall be distributed to
all campuses
for which the estimated campus debt service
attributable to new
qualifying capital projects is
less than the
campus's
formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated
campus debt
service attributable to new qualifying capital
projects
from the campus formula-determined capital component
allocation. Moneys distributed from this appropriation item shall
be
restricted to capital-related purposes.
DAYTON AREA GRADUATE STUDIES INSTITUTE
The foregoing appropriation item 235-553, Dayton Area
Graduate Studies
Institute, shall be used by the Board of
Regents
to support the Dayton
Area Graduate Studies Institute, an
engineering graduate consortium of three
universities in the
Dayton area: Wright State University, the University of
Dayton,
and the Air Force Institute of Technology, with the participation
of
the University of Cincinnati and The Ohio State University.
The foregoing appropriation item 235-558, Long-term Care
Research, shall be
disbursed to Miami University for long-term
care research.
BGSU CANADIAN STUDIES CENTER
The foregoing appropriation item 235-561, BGSU Canadian
Studies Center, shall be used by the Canadian Studies Center at
Bowling Green State University to
study opportunities for Ohio and
Ohio businesses to benefit from
the Free Trade Agreement between
the United States and Canada.
URBAN UNIVERSITY PROGRAMS
Of the foregoing appropriation item 235-583, Urban
University
Programs,
universities receiving funds that are used to support
an
ongoing university
unit shall certify periodically in a
manner
approved by the Board of Regents that program funds
are being
matched on a one-to-one basis with equivalent
resources. Overhead
support may not be used to meet this
requirement. Where Urban
University Program funds are being used
to support an ongoing
university unit, matching funds must come
from continuing rather
than one-time sources. At each
participating state-assisted
institution of higher education,
matching funds must be within the
substantial control of the
individual designated by the
institution's president as the Urban
University Program
representative.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$380,000 in each fiscal year shall be used to
support a
public communication outreach program (WCPN).
The primary purpose
of the program shall be to develop a
relationship between
Cleveland State University and nonprofit communications
entities.
Of the foregoing appropriation item 235-583, Urban
University
Programs, $180,000 in each fiscal year shall be used
to support
the Center for the Interdisciplinary Study of
Education and the
Urban Child at Cleveland State
University. These funds shall be
distributed according to rules
adopted by the Board of
Regents and
shall be used by the
center for interdisciplinary
activities
targeted toward
increasing the chance of lifetime
success of the
urban child,
including interventions beginning with
the prenatal
period. The
primary purpose of the center is to
study issues in
urban
education and to systematically map
directions for new
approaches
and new solutions by bringing
together a cadre of
researchers,
scholars, and professionals
representing the social,
behavioral,
education, and health
disciplines.
Of the foregoing appropriation item 235-583,
Urban University
Programs, $260,000 in each fiscal year
shall be used to support
the Kent
State University Learning and Technology Project. This
project
is a kindergarten through university collaboration between
schools surrounding Kent's eight campuses in northeast
Ohio, and
corporate partners who will assist in development and
delivery.
The Kent State University Project shall provide a faculty
member
who has a full-time role in the development of
collaborative
activities and teacher instructional programming
between Kent
and the K-12th grade schools that surround its eight
campuses;
appropriate student support staff to facilitate these
programs
and joint activities; and hardware and software to
schools that will
make possible the delivery of instruction to
pre-service and
in-service teachers, and their students, in their
own classrooms
or school buildings. This shall involve the
delivery of
low-bandwidth streaming video and web-based
technologies in a
distributed instructional model.
Of the foregoing appropriation item 235-583, Urban University
Programs, $100,000 in each fiscal year shall be used to support
the Ameritech Classroom/Center for Research at Kent State
University.
Of the foregoing appropriation item 235-583, Urban University
Programs, $1,000,000 in each fiscal
year
shall be used to support
the Polymer Distance Learning
Project at the University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$50,000 in each fiscal year shall be distributed to the
Kent State
University/Cleveland Design Center program.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$250,000 in each fiscal year shall be used to support
the Bliss Institute of
Applied Politics at the University of
Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs,
$15,000
in each fiscal year shall be used for the
Advancing-Up Program at the
University of Akron.
Of the foregoing appropriation item 235-583, Urban University
Programs, in each fiscal year $2,200,643 shall be distributed by
the Board of Regents to Cleveland State University in support of
the Maxine Goodman Levin College of Urban Affairs.
Of the foregoing appropriation item 235-583, Urban University
Programs, in each fiscal year $2,200,643 shall be distributed to
the Northeast Ohio Research Consortium, the Urban
Linkages
Program, and the Urban Research Technical Assistance
Grant
Program. The distribution among the three programs shall be
determined by the chair of the Urban University Program.
INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT
The foregoing appropriation item 235-595, International
Center for Water
Resources Development, shall be used to support
the International Center for Water Resources Development at
Central State
University. The center shall develop methods to
improve the management of
water resources for Ohio and for
emerging nations.
RURAL UNIVERSITY PROJECTS
Of the foregoing appropriation item 235-587, Rural University
Projects,
Bowling Green State University shall receive $216,400 in
each fiscal year, Miami
University shall receive $331,125
in each
fiscal year, and Ohio University shall
receive $756,099 in each
fiscal year. These
funds
shall be used to support the Institute
for
Local Government
Administration and Rural Development at Ohio
University, the
Center for Public Management and Regional Affairs
at Miami
University, and the Center for Policy Analysis and Public
Service at
Bowling Green
State University.
Of the foregoing appropriation item 235-587, Rural University
Projects,
$25,000 in each fiscal year shall be used to support the
Washington State
Community College day care center.
Of the foregoing appropriation item 235-587, Rural University
Projects, $75,000 in fiscal year 2001 shall be used to support the
COAD/ILGARD/GOA Appalachian Leadership Initiative.
A small
portion of the funds provided to Ohio
University
shall also be used for the
Institute for Local
Government
Administration and Rural Development State and
Rural
Policy
Partnership with the Governor's Office of Appalachia and
the
Appalachian delegation of the General Assembly.
OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING
The foregoing appropriation item 235-588, Ohio Resource
Center for Mathematics,
Science, and Reading, shall be used to
support a
resource center for
mathematics, science, and reading to
be
located at a state-assisted university
for the purpose of
identifying best educational practices in primary and
secondary
schools and establishing methods for communicating them to
colleges
of education and school districts.
HAZARDOUS MATERIALS PROGRAM
The foregoing appropriation item 235-596, Hazardous Materials
Program, shall
be disbursed to Cleveland State University for the
operation of a program to
certify firefighters for the handling of
hazardous materials. Training shall
be available to all Ohio
firefighters.
NATIONAL GUARD SCHOLARSHIP PROGRAM
The Board of Regents shall disburse funds from appropriation
item 235-599,
National Guard Scholarship Program, at the
direction
of the Adjutant
General.
OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT
The foregoing appropriation item 235-602, HEFC
Administration, shall be used by the Board of Regents for
operating expenses related to the Board of Regents' support of
the
activities of the Ohio Higher Educational Facility
Commission.
Upon the request of the chancellor, the Director of
Budget and
Management shall transfer up to $12,000 cash from Fund
461 to Fund
4E8 in each fiscal year of the biennium.
Section 7.11. BREAKTHROUGH INVESTMENTS
The foregoing appropriation item 235-426, The Ohio Plan,
shall be used by the Board of Regents to promote economic growth
through research, development, and commercialization initiatives.
The Board of Regents shall award funds on a competitive basis to
universities and consortia of universities and industry in the
areas of biotechnology, nanotechnology, and information
technology. Proposals shall be evaluated on the basis of quality
in terms of national and international standards of scientific
merit, relevance to private sector commercial opportunities, and a
demonstration of private sector involvement and substantial
funding match from local and external sources in a process to
continuously evaluate commercialization opportunities.
Additionally, the Board of Regents shall work in close
collaboration with the Technology Action Board in the
administration of this program to ensure implementation of a
coherent state strategy with respect to science and technology
investments.
APPALACHIAN NEW ECONOMY PARTNERSHIP
The foregoing appropriation item 235-428, Appalachian New
Economy Partnership, shall be used by the Board of Regents to
begin a multicampus and multiagency coordinated effort to link
Appalachia to the new economy. Funds shall be distributed to Ohio
University to provide leadership in the development and
implementation of initiatives in the areas of entrepreneurship,
technology, education, and management.
Section 7.12. REPAYMENT OF RESEARCH FACILITY INVESTMENT FUND
MONEYS
Notwithstanding any provision of law to the contrary, all
repayments of
Research Facility Investment Fund loans shall be
made to the Bond Service
Trust
Fund. All Research Facility
Investment Fund loan repayments made prior to the
effective date
of this section shall be transferred by the Director of Budget
and
Management to the Bond Service Trust Fund within sixty days of the
effective
date of this section.
Campuses shall make timely repayments of Research
Facility
Investment Fund loans, according to the schedule
established by
the Board of
Regents. In the case of late
payments, the Board of
Regents may deduct from an
institution's periodic subsidy
distribution an amount equal to
the
amount of the overdue payment
for that institution, transfer such
amount
to the Bond Service
Trust Fund, and credit the appropriate
institution for the
repayment.
The Board of Regents shall work with the Governor's Office of
Veterans' Affairs
to develop specific veterans' preference
guidelines for higher education
institutions. These guidelines
shall ensure that the institutions' hiring
practices are in
accordance with the intent of Ohio's veterans' preference
laws.
Section 7.13. CENTRAL STATE UNIVERSITY
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and
3345.76 of the
Revised Code and rule 126:3-1-01 of the
Administrative Code, Central State
University shall adhere to the
following fiscal standards:
(1) Maintenance of a balanced budget and filing of quarterly
reports on an
annualized budget with the Board of Regents,
comparing the budget to actual
spending and revenues with
projected expenditures and revenues for the
remainder of the year.
Such reports shall include narrative explanations as
appropriate
and be filed within 30 days of the end of the quarter.
(2) Timely and accurate assessment of the current and
projected cash flow of
university funds, by fund type;
(3) Timely reconciliation of all university cash and general
ledger accounts,
by fund;
(4) Submission to the Auditor of State of financial
statements
consistent with
audit requirements prescribed by the
Auditor of
State within four months after
the end of the fiscal
year;
(5) Completion of an audit within six months after the end
of the fiscal
year.
The Director of Budget and Management shall provide
clarification to the
university on these fiscal standards as
deemed necessary. The director
also may take such actions as are
necessary to ensure that the university adheres
to these standards
and other fiscal standards consistent with generally
accepted
accounting principles and the requirements of external entities
providing funding to the university. Such actions may include the
appointment
of a financial consultant to assist Central State
University in the continuous
process of design and implementation
of responsible systems of financial
management and accounting.
(B) The director's fiscal oversight shall continue until
such time as the
university meets the same criteria as those
created in paragraph (F) of rule 126:3-1-01 of the
Administrative
Code for the
termination of a fiscal watch. At that time
Central
State
University shall be relieved of the requirements of this
section
and subject to the requirements of sections 3345.72,
3345.74,
3345.75, and
3345.76 of the Revised Code.
Any encumbered funds remaining from appropriation item
042-407, Central State
Deficit, as appropriated in Am. Sub. S.B. 6
of the 122nd General Assembly
shall be released during the
2001-2003 biennium for nonrecurring expenses
contingent upon the
approval of the Director of Budget and Management.
Section 8. OSB OHIO STATE SCHOOL FOR THE BLIND
GRF | 226-100 | | Personal Services | | $ | 5,880,065 | | $ | 6,157,563 |
GRF | 226-200 | | Maintenance | | $ | 700,437 | | $ | 717,948 |
GRF | 226-300 | | Equipment | | $ | 139,288 | | $ | 142,770 |
TOTAL GRF General Revenue Fund | | $ | 6,719,790 | | $ | 7,018,281 |
General Services Fund Group
4H8 | 226-602 | | Education Reform Grants | | $ | 30,652 | | $ | 31,476 |
TOTAL GSF General Services | | | | | | |
Fund Group | | $ | 30,652 | | $ | 31,476 |
State Special Revenue Fund Group
4M5 | 226-601 | | Work Study
& Technology Investments | | $ | 41,854 | | $ | 42,919 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 41,854 | | $ | 42,919 |
Federal Special Revenue Fund Group
3P5 | 226-643 | | Medicaid Professional Services Reimbursement | | $ | 125,000 | | $ | 125,000 |
310 | 226-626 | | Coordinating Unit | | $ | 1,274,274 | | $ | 1,278,475 |
TOTAL FED Federal Special | | | | | | |
Revenue Fund Group | | $ | 1,399,274 | | $ | 1,403,475 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 8,191,570 | | $ | 8,496,151 |
Section 9. OSD OHIO STATE SCHOOL FOR THE DEAF
GRF | 221-100 | | Personal Services | | $ | 7,662,763 | | $ | 8,022,913 |
GRF | 221-200 | | Maintenance | | $ | 998,197 | | $ | 1,018,160 |
GRF | 221-300 | | Equipment | | $ | 270,867 | | $ | 276,284 |
TOTAL GRF General Revenue Fund | | $ | 8,931,827 | | $ | 9,317,357 |
General Services Fund Group
4M1 | 221-602 | | Education Reform Grants | | $ | 68,107 | | $ | 70,701 |
TOTAL GSF General Services | | | | | | |
Fund Group | | $ | 68,107 | | $ | 70,701 |
State Special Revenue Fund Group
4M0 | 221-601 | | Educational Program
| | $ | 35,320 | | $ | 33,188 |
| | | Expenses | | | | | | |
5H6 | 221-609 | | Even Start Fees
& Gifts | | $ | 157,723 | | $ | 122,989 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 193,043 | | $ | 156,177 |
Federal Special Revenue Fund Group
3R0 | 221-684 | | Medicaid Professional
| | $ | 90,464 | | $ | 111,377 |
| | | Services Reimbursement | | | | | | |
3U4 | 221-603 | | Even Start | | $ | 125,000 | | $ | 104,625 |
311 | 221-625 | | Coordinating Unit | | $ | 910,000 | | $ | 933,400 |
TOTAL FED Federal Special | | | | | | |
Revenue Fund Group | | $ | 1,125,464 | | $ | 1,149,402 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 10,318,441 | | $ | 10,693,637 |
Section 10. SFC SCHOOL FACILITIES COMMISSION
GRF | 230-428 | | Lease Rental Payments | | $ | 41,645,300 | | $ | 37,654,300 |
GRF | 230-908 | | Common Schools General Obligation Debt Service | | $ | 36,418,800 | | $ | 55,336,300 |
TOTAL GRF General Revenue Fund | | $ | 78,064,100 | | $ | 92,990,600 |
State Special Revenue Fund Group
5E3 | 230-644 | | Operating Expenses | | $ | 6,096,521 | | $ | 6,409,766 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 6,096,521 | | $ | 6,409,766 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 84,160,621 | | $ | 99,400,366 |
The foregoing appropriation item 230-428, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2001, to June
30, 2003, by the School Facilities Commission pursuant to leases
and agreements made under section 3318.26 of the Revised Code, but
limited to the aggregate amount of $79,299,600. Nothing in this
act shall be deemed to contravene the obligation of the state to
pay, without necessity for further appropriation, from the sources
pledged thereto, the bond service charges on obligations issued
pursuant to Chapter 3318. of the Revised Code.
COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 230-908, Common Schools
General Obligation Debt Service, shall be used to pay all debt
service and financing costs at the times they are required to be
made pursuant to sections 151.01 and 151.03 of the Revised Code
during the period from July 1, 2001, to June 30, 2003. The Office
of the Sinking Fund or the Director of Budget and Management shall
effectuate the required payments by an intrastate transfer
voucher.
The foregoing appropriation item 230-644, Operating Expenses,
shall be used by the Ohio School Facilities Commission to carry
out its responsibilities pursuant to this section and Chapter
3318. of the Revised Code.
Within ten days after the effective date of this section, or
as soon as
possible thereafter, the Executive Director of the Ohio
School Facilities
Commission shall certify to the Director of
Budget and Management the amount
of cash to be transferred from
the School Building Assistance Fund (Fund 032)
or the Public
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3).
By July 10, 2002, the Executive Director of the Ohio School
Facilities
Commission shall certify to the Director of Budget and
Management the amount
of cash to be transferred from the School
Building Assistance Fund (Fund 032)
or the Public School Building
Fund (Fund 021) to the Ohio School Facilities
Commission Fund
(Fund 5E3).
SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within one year of receiving Controlling Board approval in
accordance with section 3318.05 of the Revised Code. The
Executive Director of the Ohio School Facilities Commission shall
certify the amounts of these canceled encumbrances to the Director
of Budget and Management on a quarterly basis. The amounts of the
canceled encumbrances are appropriated.
DISABILITY ACCESS PROJECTS
The unencumbered and unallotted balances as of June 30, 2001,
in
appropriation item 230-649, Disability Access Project, are
hereby
reappropriated. The
unencumbered and unallotted balances
of the appropriation at the end of fiscal
year 2002 are
hereby
reappropriated in fiscal year 2003 to fund capital projects
pursuant to this section.
(A) As used in this section:
(1)
"Percentile" means the percentile in which a school
district is
ranked according to the fiscal year 1998 ranking of
school districts with
regard to income and property wealth under
division (B) of section 3318.011 of
the Revised Code.
(2)
"School district" means a city, local, or exempted
village
school district, but excluding a school district that is
one of
the state's 21 urban school districts as defined in
division (O)
of section 3317.02 of the Revised Code, as that
section existed prior to
July 1, 1998.
(3)
"Valuation per pupil" means a
district's total taxable
value as defined in section 3317.02 of the Revised
Code divided by
the district's ADM as defined in division (A) of section
3317.02
of the Revised Code as that section existed prior to July 1, 1998.
(B) The School Facilities Commission shall adopt rules for
awarding grants to school districts with a valuation per pupil
of
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of
which is to improve access to such facilities by physically
handicapped persons. The rules shall include application
procedures. No school district shall be awarded a grant under
this
section in excess of $100,000. In addition, any school
district
shall be required to pay a percentage of the cost of the
project
or which the grant is being awarded equal to the
percentile in
which the district is ranked.
(C) The School Facilities Commission is hereby authorized to
transfer a
portion of
appropriation item CAP-622, Public School
Buildings, contained in Am. Sub.
H.B.
No. 283 of the 123rd General
Assembly, to CAP-777, Disability Access Projects,
to provide funds
to make payments
resulting from the approval of applications for
disability access grants
received prior to January 1, 1999. The
amounts transferred are
appropriated.
Section 10.01. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL
FACILITIES
Notwithstanding any other provisions of law to the contrary,
the School Facilities Commission
may provide assistance
under the
Exceptional Needs Pilot Program
to any school district and not
exclusively a school district in
the lowest 50 per cent of
adjusted valuation per pupil on the
fiscal year 1999 ranking of
school districts established pursuant
to section 3317.02 of the
Revised Code, for the purpose of the
relocation or replacement of
school facilities required as a
result of extreme environmental
contamination.
If in the
assessment of the school district's
classroom facilities
needs
conducted under the Exceptional Needs
Pilot
Program pursuant
to
Section 26 of Am. Sub. H.B. 850
of the
122nd General Assembly, the
commission determines that all the
school
district's classroom
facilities ultimately will require
replacement
under sections
3318.01 to 3318.20 of the Revised Code,
then the
commission may
undertake a district-wide project under
sections
3318.01 to
3318.20 of the Revised Code.
The School Facilities Commission shall contract with an
independent
environmental consultant to conduct a study and to
report to the commission
as to the seriousness of the
environmental contamination, whether the
contamination violates
applicable state and federal standards, and whether
the facilities
are no longer suitable for use as school facilities. The
commission then shall make a determination regarding funding for
the
relocation or replacement of the school facilities. If the
federal
government or other public or private entity provides
funds for restitution
of costs incurred by the state or school
district in the relocation or
replacement of the school
facilities, the school district
shall
use such funds
in excess of
the school district's share to refund the state for
the state's
contribution to the environmental contamination
portion of the
project. The school district may apply an amount
of such
restitution funds up to an amount equal to the
school district's
portion of the project, as defined by the commission, toward
paying its
portion of that project to reduce the amount of
bonds
the school district otherwise must issue to receive
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
Section 10.02. (A) The Ohio School Facilities Commission
may
commit up to
thirty-five million dollars to the Canton City
School
District for
construction
of a facility described in this
section,
in lieu of a high school that would
otherwise be
authorized under
Chapter 3318. of the Revised Code. The
commission shall not
commit funds under this section unless all of
the
following
conditions are met:
(1) The district has entered into a cooperative agreement
with a
state-assisted technical college.
(2) The district has received an irrevocable commitment of
additional funding
from nonpublic sources.
(3) The facility is intended to serve both secondary and
postsecondary
instructional purposes.
(B) The commission shall enter into an agreement with the
district for the
construction of the facility authorized under
this section that is separate
from and in addition to the
agreement required for the district's
participation in the
Classroom Facilities Assistance Program under section
3318.08 of
the Revised
Code. Notwithstanding that section and sections
3318.03, 3318.04, and
3318.083
of the Revised Code, the additional
agreement shall provide, but not be limited
to, the following:
(1) The commission shall not have any oversight
responsibilities over the
construction of the facility.
(2) The facility need not comply with the specifications for
plans and
materials for high schools adopted by the commission.
(3) The commission may decrease the basic project cost that
would otherwise
be
calculated for a high school under Chapter
3318. of the Revised Code.
(4) The state shall not share in any increases in the basic
project cost for
the facility above the amount authorized under
this section.
All other provisions of Chapter 3318. of the Revised Code
apply to the
approval
and construction of a facility authorized
under this section.
The state funds committed to the facility authorized by this
section shall be
part of the total amount the state commits to the
Canton City School District
under Chapter 3318. of the Revised
Code. All additional state funds committed
to the Canton City
School District for classroom facilities assistance shall
be
subject to all provisions of Chapter 3318. of the Revised Code.
Section 11. NET OHIO SCHOOLNET COMMISSION
GRF | 228-404 | | Operating Expenses | | $ | 6,770,127 | | $ | 6,608,426 |
GRF | 228-406 | | Technical and Instructional Professional Development | | $ | 10,475,898 | | $ | 10,172,630 |
GRF | 228-539 | | Education Technology | | $ | 6,161,096 | | $ | 5,910,596 |
Total GRF General Revenue Fund | | $ | 23,407,121 | | $ | 22,691,652 |
General Services Fund Group
5D4 | 228-640 | | Conference/Special Purpose Expenses | | $ | 510,700 | | $ | 521,382 |
TOTAL GSF General Services | | | | | | |
Fund Group | | $ | 510,700 | | $ | 521,382 |
State Special Revenue Fund Group
4W9 | 228-630 | | Ohio SchoolNet Telecommunity Fund | | $ | 547,615 | | $ | 447,615 |
4X1 | 228-634 | | Distance Learning | | $ | 2,930,000 | | $ | 2,930,000 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 3,477,615 | | $ | 3,377,615 |
Federal Special Revenue Fund Group
3S3 | 228-655 | | Technology Literacy Challenge | | $ | 15,918,780 | | $ | 15,918,780 |
TOTAL FED Federal Special Revenue | | | | | | |
Fund Group | | $ | 15,918,780 | | $ | 15,918,780 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 43,314,216 | | $ | 42,509,429 |
INTERACTIVE VIDEO DISTANCE LEARNING PROGRAM
The unencumbered and unalloted balances as of June 30, 2001,
in appropriation item 228-690, SchoolNet Electrical
Infrastructure, are reappropriated to fund projects pursuant to
this section. The foregoing appropriation item 228-650,
Interactive
Distance Learning shall
be used to extend the
Interactive Video
Distance Learning Program in
accordance with the
statewide
educational technology strategic plan. The
commission
shall adopt
procedures for the administration and implementation
of
the
Interactive Video Distance Learning Program, which shall
include
application procedures, specifications for distance
learning
technology, and
terms and conditions for participation in
the
program. The commission shall
not approve any application for
participation unless it determines that the
applicant can
effectively and efficiently integrate the proposed distance
learning technology into schools or the selected schools or
classrooms
for the phase of the program. The commission shall
consider the Interactive
Video Distance Learning Pilot established
in Am. Sub. H.B. 215 of the 122nd
General Assembly, and the Ohio
SchoolNet Telecommunity program in Am. Sub. H.
B. 627 of the 121st
General Assembly, in developing application procedures
and
criteria for the Interactive Video Distance Learning Program. The
commission shall give preference to lower wealth districts or
consortia of
such districts that do not have existing video
teleconferencing technology.
All appropriations that are
unencumbered
and unallotted in
appropriation item 228-698,
SchoolNet Plus, as
of June 30, 2001,
are hereby reappropriated for
the same purpose in
fiscal year 2002
upon the request of the
Executive Director of the
Ohio SchoolNet
Commission and the
approval of the Director of
Budget and
Management.
TECHNICAL AND INSTRUCTIONAL PROFESSIONAL
DEVELOPMENT
The foregoing appropriation item 228-406, Technical and
Instructional
Professional Development, shall be
used by the Ohio
SchoolNet Commission to make grants to qualifying schools,
including the
State School for the Blind and the Ohio School for
the Deaf, for
the provision of hardware, software,
telecommunications
services, and staff development to support
educational uses of
technology in the classroom.
The Ohio SchoolNet Commission shall consider the professional
development
needs associated with the OhioReads Program when
making funding allocations
and program decisions.
The Ohio Educational Telecommunications Network Commission,
with the advice of the Ohio SchoolNet Commission, shall make
grants totaling
up to $1,400,000
in each year of the biennium for
research development and
production of interactive instructional
programming series and
teleconferences to support SchoolNet. Up
to $55,000 of this
amount shall be used in each year of the
biennium to provide for
the administration of these activities by
the Ohio Educational
Telecommunications Network Commission. The
programming shall be
targeted to the needs of the poorest 200
school districts as
determined by the district's adjusted
valuation per pupil as
defined in section 3317.0213 of the Revised
Code.
Of the foregoing appropriation item 228-406, Technical and
Instructional
Professional Development, $2,900,000 in each fiscal
year shall be distributed
by the
Ohio SchoolNet Commission to
low-wealth districts or consortia including low-wealth school
districts, as determined by the district's adjusted valuation
per
pupil as defined in section 3317.0213 of the Revised Code,
or the
State School for the Blind or the Ohio School for the
Deaf.
The remaining appropriation allocated in appropriation item
228-406, Technical and Instructional Professional Development,
shall be
used by the Ohio SchoolNet Commission for professional
development for
teachers and administrators for the use of
educational
technology. The commission shall make grants to
provide technical
assistance and professional development on the
use of
educational technology to school districts.
Eligible recipients of grants include regional training
centers, county offices of education, data collection sites,
instructional technology centers, institutions of higher
education, public television stations, special education
resource
centers, area media centers, or other nonprofit
educational
organizations. Services provided through these
grants may include
use of private entities subcontracting
through the grant
recipient.
Grants shall be made to entities on a contractual basis with
the Ohio SchoolNet Commission.
Contracts shall include provisions
that demonstrate how services
will benefit technology use in the
schools, and in particular
will support SchoolNet efforts to
support technology in the
schools. Contracts shall specify the
scope of assistance being
offered and the potential number of
professionals who will be
served. Contracting entities may be
awarded more than one grant
at a time.
Grants shall be awarded in a manner consistent with the goals
of SchoolNet. Special emphasis in the award of grants shall be
placed on collaborative efforts among service providers.
Application for grants from this appropriation in
appropriation item 228-406, Technical and Instructional
Professional Development, shall be
consistent with a school
district's technology plan that shall
meet the
minimum
specifications for school district technology
plans as prescribed
by
the Ohio SchoolNet Commission. Funds
allocated through these
grants may be
combined with funds
received
through other state or
federal grants for technology so
long as
the school district's
technology plan specifies the use
of these
funds. The commission
may combine the application for
these
grants with the SchoolNet
application process authorized
in Am.
Sub. H.B. 790 of the 120th
General Assembly.
The foregoing appropriation item 228-539, Education
Technology, shall be used to provide funding to suppliers of
information services to school districts for the provision of
hardware, software, and staff development in support of
educational uses of technology in the classroom as prescribed by
the State Plan for Technology pursuant to section 3301.07 of the
Revised Code, and to support assistive technology for children
and
youth with disabilities.
Up to $5,200,000 in each fiscal year shall be used by the
Ohio SchoolNet
Commission to contract with instructional
television, and $850,000 in fiscal
year
2002, and $840,000 in
fiscal year 2003 shall be used by the commission to
contract with
education media
centers to provide Ohio schools with instructional
resources and
services.
Resources may include, but not be limited to, the
following:
pre-recorded video materials (including videotape,
laser discs,
and CD-ROM discs); computer software for student
use or
student
access to electronic communication,
databases,
spreadsheet, and
word processing capability; live
student courses
or courses
delivered electronically; automated
media systems; and
instructional and professional development
materials for teachers.
The commission shall cooperate with education technology
agencies
in the
acquisition, development, and delivery of such
educational
resources to ensure high-quality and educational
soundness at the
lowest possible cost. Delivery of such
resources may utilize a
variety of technologies, with preference
given to a high-speed
integrated information network that can
transport video, voice,
data, and graphics simultaneously.
Services shall include presentations and technical assistance
that will help students and teachers integrate educational
materials that support curriculum objectives, match specific
learning styles, and are appropriate for individual interests
and
ability levels.
Such instructional resources and services shall be made
available for purchase
by chartered nonpublic schools or by public
school districts for the benefit
of pupils attending chartered
nonpublic schools.
Appropriation item 228-634, Distance Learning, shall be
distributed by the Ohio SchoolNet Commission on a grant basis to
eligible
school districts to establish
"distance learning" in the
school
district. Per the agreement with Ameritech, school
districts
are eligible for funds if they are within an Ameritech
service
area. Funds to administer the program shall be expended
by the
commission up to the amount specified in the agreement with
Ameritech.
Within 30 days after the effective date of this section, the
Director of Budget and Management shall transfer to fund 4X1
in
the State Special Revenue Fund Group any investment earnings
from
moneys paid to the office or to the SchoolNet Commission
by any
telephone company as part of a settlement agreement
between the
company and the Public Utilities Commission in
fiscal year 1995.
ELECTRICAL INFRASTRUCTURE
The unencumbered and unallotted balances of June 30, 2001, in
appropriation
item 228-690, SchoolNet Electrical Infrastructure,
are reappropriated to
fund projects pursuant to this
section.
The
foregoing appropriation item may
be distributed by
the Ohio
SchoolNet Commission for use by school districts to
renovate
existing buildings with sufficient electrical service to
safely
operate educational technology consistent with their
SchoolNet and
SchoolNet
Plus technology plans. The Executive
Director of the
Ohio SchoolNet Commission
shall review grant
proposals from school
districts for the use of these funds.
In
evaluating grant
proposals, the executive director shall consider
the
ability and
commitment of school districts to contribute local
public and
private resources to upgrade their electrical service
and shall
give
consideration to consortia of school districts that
have
formed to optimize
resources to upgrade electrical service.
In no
case shall grant awards exceed
$1,000,000 for a single
school
district. Funding recommendations for this
appropriation
made by
the executive director are subject to the review of the
Ohio
SchoolNet Commission.
Section 12. SCR STATE BOARD OF PROPRIETARY SCHOOL
REGISTRATION
GRF | 233-100 | | Personal Services | | $ | 340,000 | | $ | 347,322 |
GRF | 233-200 | | Maintenance | | $ | 81,000 | | $ | 82,058 |
GRF | 233-300 | | Equipment | | $ | 4,465 | | $ | 4,457 |
TOTAL GRF General Revenue Fund | | $ | 425,465 | | $ | 433,837 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 425,465 | | $ | 433,837 |
Section 13. TTA OHIO TUITION TRUST AUTHORITY
State Special Revenue Fund Group
645 | 095-601 | | Operating Expenses | | $ | 4,437,885 | | $ | 4,611,050 |
TOTAL SSR State Special Revenue | | | | | | |
Fund Group | | $ | 4,437,885 | | $ | 4,611,050 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 4,437,885 | | $ | 4,611,050 |
Section 14. That Section 18 of Am. Sub. H.B. 650 of the 122nd
General Assembly, as most recently amended by Sub. S.B. 245 of the
123rd General Assembly, be amended to read as follows:
"
Sec. 18. (A) As used in this section:
(1)
"FY 1998 state aid" means the total amount of state
money
received by a school district for fiscal year 1998
as
reported on
the Department of Education's form
"SF-12," adjusted
as
follows:
(a) Minus any amounts for approved preschool
handicapped
units;
(b) Minus any additional amount attributable to
the
reappraisal guarantee of division
(C) of section 3317.04 of the
Revised Code;
(c) Plus the amount deducted for payments to an
educational
service center;
(d) Plus an estimated portion of the state money
distributed
in fiscal year 1998 to other school districts or
educational
service centers for approved units, other than
preschool
handicapped or gifted education units, attributable to
the costs
of providing services in those units to students
entitled to
attend school in the district;
(e) Minus an estimated portion of the state money
distributed to the school district in fiscal year 1998 for
approved units, other than preschool handicapped units or gifted
education units, attributable to the costs of providing services
in those units to students entitled to attend school in another
school
district;
(f) Plus any additional amount paid pursuant to
the
vocational education recomputation required by former
Section
50.22 of Am. Sub. H.B.
No. 215 of the 122nd General
Assembly;
(g) Plus any additional amount paid pursuant to
the special
education recomputation required by former division
(I) of section
3317.023 of the
Revised Code;
(h) Plus any amount paid for equity aid under
section
3317.0213 of the Revised Code;
(i) Plus any amount received for that year pursuant to
section
3317.027 of the Revised Code;
(j) Plus any amount received for that year pursuant to a
recomputation made under division (B) of section 3317.022 of the
Revised
Code, as that section existed in that year.
(2)
"FY 1999 state aid" means
"FY 1999 state
aid" as defined
in the version of this section in effect for fiscal year 1999.
(3)
"FY 2000 state
aid,"
"FY
2001 state
aid," and
"FY 2002
state aid" mean the total amount of state
money a school district
is eligible to receive for the
applicable fiscal year under
divisions (A), (C)(1) and
(5),
(D), and (E) of section 3317.022
and sections 3317.025, 3317.027,
3317.029, 3317.0212, and
3317.0213 of the
Revised Code, plus any amount for which the
district is eligible pursuant to division (C) of
section 3317.023,
divisions (G), (P), and
(R) of
section
3317.024, and the
supplemental unit allowance paid for gifted units
under division
(B) of section
3317.162
3317.053 of the Revised Code, and prior to
any
deductions or credits required by division (B), (D), (E), (F),
(G), (H), (I), (J), (K), or (L) of
section 3317.023 or division
(J) of section 3317.029
of the Revised Code.
(4)
"Adjusted FY 1999 actual aid"
means FY 1999 state aid
that was actually paid to a school
district after the application
of division (B) of this section,
plus an appropriate proportion,
as determined by the department of education,
of the amount
received by the school district in fiscal year 1999 from the
vocational education set-aside, as defined in
the version of
section 3317.0212 of
the
Revised Code
in effect prior to the
effective date of this amendment, and attributable to the
district's students.
(5)
"FY 2000 actual
aid," and
"FY 2001 actual
aid" mean the
amount of the state aid
described in division (A)(3) of this
section that was
actually
paid to a school district in the
applicable fiscal year after
the application of divisions (C) to
(E) of this section.
(6)
"FY 1998 ADM,"
"formula
ADM," and
"three-year average
formula ADM" have the
meanings prescribed in section 3317.02 of
the
Revised Code.
(7)
"All-day kindergarten" has the meaning prescribed in
section 3317.029 of the Revised Code.
(8)
"School district" means a city, local, or exempted
village
school district.
(B) In fiscal year 1999, notwithstanding any provision
of
law to the contrary, no school district shall receive FY 1999
state aid that is more than the greater of the
following:
(1) 110 per cent of FY 1998 state aid;
(2) [1.06 X (FY 1998 state
aid/FY 1998
ADM)] X the greater
of fiscal year 1999
formula
ADM or three-year average formula ADM.
If a district's projected FY 1999 state aid is more than
the
greater
of division (B)(1) or (2) of this section, such district
shall
receive only
the greater of division (B)(1) or (2) of this
section in
fiscal year 1999.
(C) In fiscal year 2000, notwithstanding any provision
of
law to the contrary, no school district shall receive FY 2000
state aid that is more than the greater of the following:
(1) 111.5 per cent of adjusted FY 1999
actual aid;
(2) [1.095 X (adjusted
FY 1999
actual aid/fiscal year
1999
formula ADM)] X the greater of fiscal year
2000 formula
ADM or
three-year average formula ADM.
If a district's projected FY 2000 state aid is more than
the
greater of division (C)(1) or (2) of this section, such district
shall
receive only
the greater of division (C)(1) or (2) of this
section in
fiscal year 2000.
(D) In fiscal year 2001, notwithstanding any provision
of
law to the contrary, no school district shall receive FY 2001
state aid that is more than the greater of the following:
(1) 112 per cent of FY 2000 actual
aid;
(2) [1.10 X (FY 2000 actual aid/fiscal
year 2000
formula
ADM)] X the greater of fiscal year 2001
formula
ADM or three-year
average formula ADM.
If a district's projected FY 2001 state aid is more than
the
greater of
division (D)(1) or (2) of this section, such district
shall
receive only
the greater
of division (D)(1) or (2) of this
section in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision
of
law to the contrary, no school district shall receive FY 2002
state aid that is more than the greater of the following:
(1) 112 per cent of FY 2001 actual
aid;
(2) [1.10 X (FY 2001 actual aid/fiscal
year 2001
formula
ADM)] X the greater of fiscal year 2002
formula
ADM or three-year
average formula ADM.
If a district's projected FY 2002 state aid is more than
the
greater of
division (E)(1) or (2) of this section, such district
shall
receive only
the greater of division (E)(1) or (2) of this
section in
fiscal year 2002.
(F) This division and division (G) of this section apply
only to
districts subject to division (F) of section 3317.029 of
the Revised Code
and only until July 1, 2002. As
used
in this
division and division (G) of this section:
(1)
"Capped district" means a district that pursuant to
division
(B), (C), (D), or (E) of this section will
not receive
the full amount of FY 1999, FY 2000,
FY 2001, or FY 2002 state
aid.
(a) In FY 1998, the amount calculated for the district
pursuant to division (B) of section 3317.023 of the Revised Code
as it existed
in that fiscal year;
(b) In any fiscal year after FY 1998, the total amount
calculated for the district for that fiscal year pursuant to
section 3317.029
of the Revised Code.
(3)
"Exempt DPIA portion" means:
(a) In the case of any district other than a capped
district, an
amount equal to zero;
(b) In the case of a capped district, the amount resulting
from
the application of the following formula:
| | (The district's DPIA funds for the year of
the calculation minus the district's DPIA funds for
FY 1998) minus (the district's actual aid for the year
of the calculation minus the district's FY 1998 state
aid) |
However, if this formula produces a negative number, the
district's exempt
DPIA portion is zero.
(4)
"Required all-day kindergarten" for a district means the
provision of
all-day kindergarten to the number of students in the
district's kindergarten
percentage specified pursuant to division
(H)(1) of section 3317.029
of the Revised Code.
(G) Notwithstanding any provision of law to the contrary:
(1)(a) In the case of any district, the district's DPIA
funds are
hereby deemed to first consist of any disadvantaged
pupil impact aid
calculated for the district for all-day
kindergarten under division
(D) of section 3317.029 of the Revised
Code, and to next consist of any
disadvantaged pupil impact aid
calculated for the district under divisions
(C) and (E) of section
3317.029 of the Revised Code. Except as
provided in division
(G)(1)(b) of this section,
each district shall
expend whatever
funds necessary to ensure provision of its required all-day
kindergarten.
(b) Notwithstanding divisions (F)(1), (H),
and (J) of
section
3317.029 of the Revised Code, a district may serve a
lesser
percentage of students than the number initially certified
in its all-day
kindergarten
percentage as of the first day of
August of the fiscal year and
may retain and spend the DPIA funds
it would have used to serve
the difference between the initial
certified percentage and such
lesser percentage solely for the
purpose of modifying or
purchasing additional classroom space
necessary to provide all-day
kindergarten. A district may only
reduce its certified all-day
kindergarten percentage and spend the
resultant funds on
modification and purchase of space with the
approval of the
department of education. The department shall
only approve such
use of all-day kindergarten funds and the
corresponding reduction
of the district's certified all-day
kindergarten percentage if it
determines that the district cannot
reasonably provide all-day
kindergarten to its initially certified
percentage without
additional space.
(2) In FY 1999, a district shall expend for the purposes of
section 3317.029 of the Revised Code an amount equal to at least
twenty-five
per cent of the
resultant derived from subtracting the
district's exempt DPIA
portion from the amount calculated for the
district under divisions
(C) and (E) of section 3317.029 of the
Revised Code.
(3) In FY 2000, a district shall expend for the purposes of
section 3317.029 of the Revised Code an amount equal to at least
fifty per
cent of the
resultant derived from subtracting the
district's exempt DPIA
portion from the amount calculated for the
district under divisions
(C) and (E) of section 3317.029 of the
Revised Code.
Of that amount:
(a) The percentage that the district spends for the purposes
of
division (F)(2) of section 3317.029 of the Revised
Code shall
equal the percentage that its original calculation under division
(C) of that section, before the application of this
section, is of
the total of the amounts originally calculated under
divisions (C)
and (E) of section 3317.029 of the
Revised
Code.
(b) The percentage that the district spends for the purposes
of
division (F)(3) of section 3317.029 of the Revised
Code shall
equal the percentage that its original calculation under division
(E) of that section, before the application of this
section, is of
the total of the amounts originally calculated under
divisions (C)
and (E) of section 3317.029 of the Revised
Code.
(4) In FY 2001, a district shall expend for the purposes of
section 3317.029 of the Revised Code an amount equal to at least
seventy-five
per cent of the
resultant derived from subtracting
the district's exempt DPIA
portion from the amount calculated for
the district under divisions
(C) and (E) of section 3317.029 of
the Revised Code.
Of that amount:
(a) The percentage that the district spends for the purposes
of
division (F)(2) of section 3317.029 of the Revised
Code shall
equal the percentage that its original calculation under division
(C) of that section, before the application of this
section, is of
the total of the amounts originally calculated under
divisions (C)
and (E) of section 3317.029 of the
Revised
Code.
(b) The percentage that the district spends for the purposes
of
division (F)(3) of section 3317.029 of the Revised
Code shall
equal the percentage that its original calculation under division
(E) of that section, before the application of this
section, is of
the total of the amounts originally calculated under
divisions (C)
and (E) of section 3317.029 of the Revised
Code.
(5) In FY 2002, a district shall expend one
hundred per cent
of its DPIA funds for the purposes of section
3317.029 of the
Revised Code.
(6)
Districts
In each fiscal year, districts shall comply
with the requirements of division
(G)
of section 3317.029 of the
Revised Code."
Section 15. That existing Section 18 of Am. Sub. H.B. 650 of
the 122nd General Assembly, as most recently amended by Sub. S.B.
245 of the 123rd General Assembly, is hereby repealed.
Section 16. That Section 17 of Am. Sub. H.B. 282 of the 123rd
General Assembly, as most recently amended by Sub. S.B. 245 of the
123rd General Assembly, be amended to read as follows:
"
Sec. 17. (A) As used in this section:
(1)
"FY 1999 state aid" means the total amount of state
money
received by a joint vocational school district under the
version
of sections 3317.16 and 3317.162 of the Revised Code in
effect for
that fiscal
year, minus the amounts paid for driver
education and
adult education.
(2)
"FY 2000 state aid,"
"FY 2001 state aid," and
"FY 2002
state
aid" mean the total amount of state money received by a
joint
vocational school district in the applicable fiscal year
under divisions (B)
to (D) of the
version of section 3317.16 of
the Revised Code in effect for the
applicable fiscal year and
division (R) of the version of section 3317.024 of
the Revised
Code in effect for the applicable fiscal year.
(3)
"FY 2000 actual aid" and
"FY 2001 actual aid" mean
the
amount
of state aid described in division (A)(2) of this section
that was
actually paid to a joint vocational school district in
the
applicable fiscal year after the application of division (B)
or
(C) of this section.
(4)
"Formula ADM" has the same meaning as in section 3317.02
of
the Revised Code.
(5)
"FY 1999 ADM" means the average daily membership
certified by
the joint vocational school district for fiscal year
1999 under
division (D) of the version of section 3317.03 of the
Revised Code
in effect for that year.
(B) In fiscal year 2000, notwithstanding any provision of
law to
the contrary, no joint vocational school district shall
receive FY
2000 state aid that is more than the greater of the
following:
(1) 111.5
%
per cent of its FY 1999 state aid;
(2) [1.095 X (FY 1999 state aid/FY 1999
ADM)] X fiscal
year
2000
formula ADM.
If a joint vocational school district's projected FY 2000
state
aid is more than the greater of division (B)(1) or (2) of
this
section, the district shall receive only the greater of
division
(B)(1) or (2) of this section in fiscal year 2000.
(C) In fiscal year 2001, notwithstanding any provision of
law to
the contrary, no joint vocational school district shall
receive FY
2001 state aid that is more than the greater of the
following:
(1) 112%
per cent of its FY 2000 actual aid;
(2) [1.10 X (FY 2000 actual aid/fiscal year 2000
formula
ADM)] X
fiscal year 2001 formula ADM.
If a joint vocational school district's projected FY 2001
state
aid is more than the greater of division (C)(1) or (2) of
this
section, the district shall receive only the greater of
division
(C)(1) or (2) of this section in fiscal year 2001.
(D) In fiscal year 2002, notwithstanding any provision of
law to
the contrary, no joint vocational school district shall
receive FY
2002 state aid that is more than the greater of the
following:
(1) 112%
per cent of its FY 2001 state aid;
(2) [1.10 X (FY 2001 actual aid/fiscal year 2001
formula
ADM)] X
fiscal year 2002 formula ADM.
If a joint vocational school district's projected FY 2002
state
aid is more than the greater of division (D)(1) or (2) of
this
section, the district shall receive only the greater of
division
(D)(1) or (2) of this section in fiscal year 2002."
Section 17. That existing Section 17 of Am. Sub. H.B. 282 of
the 123rd General Assembly, as most recently amended by Sub. S.B.
245 of the 123rd General Assembly, is hereby repealed.
Section 18. LEASE PAYMENTS TO OPFC, OBA, AND TREASUER
Certain appropriations are in this act for the purpose of
making
lease payments pursuant to leases and agreements relating
to bonds or notes issued by the
Ohio Building Authority or the
Treasurer of State, or previously by the Ohio Public Facilities
Commission,
pursuant
to
the Ohio
Constitution and acts of the
General Assembly. If it is
determined that additional
appropriations are necessary for this
purpose, such amounts are
appropriated.
Section 19. GENERAL OBLIGATION DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of
paying debt service and financing costs on general obligation
bonds or notes of the state issued pursuant to the Ohio
Constitution and Acts of the General Assembly. If it is
determined that additional appropriations are necessary for this
purpose, such amounts are appropriated.
Section 20. Except as otherwise specifically provided in
this
act, the codified sections of law amended or enacted in this
act,
and the items of law of which the codified sections of law
amended
or enacted in this act are composed, are subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1c and section 1.471 of the Revised Code, the codified
sections of law amended or enacted by this act, and the items of
law of which the codified sections of law as amended or enacted by
this act are composed, take effect on the ninety-first day after
this act is filed with the Secretary of State. If, however, a
referendum petition is filed against any such codified section of
law as amended or enacted by this act, or against any item of law
of which any such codified section of law as amended or enacted by
this act is composed, the codified section of law as amended or
enacted, or item of law, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
Section 21. The repeal by this act of section 307.031 of
the Revised Code is
subject to the referendum. Therefore, under
Ohio Constitution,
Article II, Section 1c and section 1.471 of the
Revised Code, the
repeal by this act of section 307.031 of the
Revised Code takes effect on
the ninety-first day after this act
is filed with the Secretary of
State. If, however, a referendum
petition is filed against the repeal, the repeal, unless rejected
at the referendum, takes
effect at the earliest time permitted by
law.
Section 22. Sections 3314.08, 3317.012, 3317.013, 3317.02,
3317.022, 3317.023, 3317.029, 3317.0212, 3317.03, 3317.05,
3317.051, 3317.161 (3317.052), 3317.162 (3317.053), 3317.11,
3317.16, 3317.20, 3323.09, 3323.091, 5126.05, and 5126.12 of the
Revised Code as amended or
enacted by this act, and the items of
law of which such sections
as amended or enacted by this act are
composed, are not subject to
the referendum. Therefore, under
Ohio Constitution, Article II,
Section 1d and section 1.471 of the
Revised Code, such sections as
amended or enacted by this act, and
the items of law of which such
sections as amended or enacted by
this act are composed, go into
immediate effect when this act
becomes law.
Section 23. Except as otherwise specifically provided in
this
act, the uncodified sections of law amended or enacted in
this
act, and the items of law of which the uncodified sections of
law
amended or enacted in this act are composed, are not subject
to
the referendum. Therefore, under Ohio Constitution, Article
II,
Section 1d and section 1.471 of the Revised Code, the
uncodified
sections of law amended or enacted in this act, and the
items of law
of which the uncodified sections of law amended or
enacted in this
act are composed, go into immediate effect when
this act becomes
law.
Section 24. The amendment by this act of Section 18 of Am.
Sub. H.B. 650 of the 122nd General Assembly is not subject to the
referendum. Therefore, under Ohio Constitution, Article II,
Section 1d and section 1.471 of the Revised Code, the amendment
goes into immediate effect when this act becomes law.
Section 25. Uncodified sections of law amended or enacted in
this act, and items of law contained within the uncodified
sections of law amended or enacted in this act, that are marked
with an asterisk are subject to the referendum. Therefore, under
Ohio Constitution, Article II, Section 1c and section 1.471 of the
Revised Code, the uncodified sections and items of law marked with
an asterisk take effect on the ninety-first day after this act is
filed with the Secretary of State. If, however, a referendum
petition is filed against an uncodified section or item of law
marked with an asterisk, the uncodified section or item of law
marked with an asterisk, unless rejected at the referendum, takes
effect at the earliest time permitted by law.
If the amending and existing repeal clauses commanding an
amendment of an uncodified section of law are both marked with
asterisks, the
uncodified section as amended
is deemed also to
have been marked with an asterisk.
An asterisk marking an uncodified section or item of law has
the
form *.
This section defines the meaning and form of, but is not
itself to
be considered marked with, an asterisk.
Section 26. If the amendment or enactment in this act of a
codified or uncodified section of law is subject to the
referendum, the corresponding indications in the amending,
enacting, or existing repeal clauses commanding the amendment or
enactment also are subject to the referendum, along with the
amendment or enactment. If the amendment or enactment by this act
of a codified or uncodified section of law is not subject to the
referendum, the corresponding indications in the amending,
enacting, or existing repeal clauses commanding the amendment or
enactment also are not subject to the referendum, the same as the
amendment or enactment.
Section 27. An item, other than an amending, enacting, or
repealing clause, that composes the whole or part of an uncodified
section contained in this act has no effect after June 30, 2003,
unless its context clearly indicates otherwise.
Section 28. Section 3317.03 of the Revised Code is
presented in
this act as a composite of the section as amended by
both Am. Sub. H.B. 640 and Sub. S.B. 173 of
the 123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
This section is not subject to the referendum because of its
relationship to section 3317.03 of the Revised Code and therefore
goes into immediate effect when this act becomes law.
Section 29. If any item of law that constitutes the whole or
part of a
codified or uncodified section of law contained in this
act, or if any
application of any item of law that constitutes the
whole or part of a
codified or uncodified section of law contained
in this act, is held invalid,
the invalidity does not affect other
items of law or applications of item of
law that can be given
effect without the invalid item of law or application.
To this
end, the items of law of which the codified and uncodified
sections
contained in this act are composed, and their
applications, are independent
and severable.