REPRESENTATIVES Schlichter, Callender, Carano, Chandler, DeBose, DeWine, Distel, C. Evans, Hartnett, Hoops, Reidelbach, Reinhard, Taylor, Webster, Williams, Yates, Cates, Collier, Hagan, Hughes, Jolivette, Key, McGregor, Otterman, Peterson, Seitz, Ujvagi, Widener, Widowfield

To amend sections 3301.079, 3301.0710, 3301.0711,

1

3301.0712, 3301.0714, 3301.0715, 3301.801,

2

3301.91, 3302.01, 3302.02, 3302.03, 3302.031,

3

3302.04, 3302.05, 3313.532, 3313.6010, 3313.6012,

4

3313.61, 3313.611, 3313.612, 3313.64, 3313.65,

5

3313.97, 3314.012, 3314.02, 3314.03, 3314.20,

6

3317.01, 3317.023, 3317.03, 3317.04, 3317.08,

7

3334.01, 3334.12, 3334.17, 3334.19, and 5705.412;

8

to enact sections 3302.021 and 3314.033, and to

9

repeal sections 3301.0713 and 3365.15 of the

10

Revised Code and to supersede section 3314.03 of

11

the Revised Code as amended by Am. Sub. H.B. 95 of

12

the 125th General Assembly to comply with the "No

13

Child Left Behind Act of 2001" by revising the

14

system of statewide achievement testing to include

15

annual achievement tests in reading and math in

16

grades three through eight; requiring the State

17

Board of Education to designate five ranges of

18

scores on the Ohio Graduation Tests; requiring an

19

annual determination of a district's progress

20

toward meeting a "proficient" level of achievement

21

(AYP); requiring school districts to provide

22

intervention services to students scoring below

23

the "proficient" level on achievement tests;

24

prohibiting exemptions from taking achievement

25

tests for limited English proficient students;

26

making the administration of diagnostic

27

assessments to certain students in grades three

28

through eight voluntary; adding calculations of a

29

performance index score to determinations of

30

school district and building performance ratings;

31

directing the Department of Education to implement

32

a value-added progress dimension and to

33

incorporate it into the district and building

34

report cards by July 1, 2007; creating the Ohio

35

Accountability Task Force to examine the

36

implementation of the value-added factor and to

37

make recommendations regarding the state's

38

accountability system; requiring the inclusion of

39

"highly qualified" teacher data on the report

40

cards; requiring the disaggregation of student

41

performance data according to disability, limited

42

English proficient status, and migrant status and

43

eliminating disaggregations of data by vocational

44

education status; specifying the sanctions for

45

school districts and buildings, including

46

community schools, that fail to meet performance

47

standards; to require the State Board of Education

48

to recommend standards for the operation of

49

Internet- and computer-based community schools; to

50

make other changes to the Community School Law; to

51

make changes in the authority of the Ohio Tuition

52

Trust Authority to administer its programs; to

53

specify that school districts need not attach a

54

certificate of available resources to current

55

payrolls and employment contracts for all district

56

employees and officers; to eliminate the

57

requirement that certain rules proposed by the

58

State Board of Education be approved by the

59

General Assembly before taking effect; to require

60

school districts to certify ADM biannually

61

beginning in FY 2005; to permit a student who

62

relocates or whose parent relocates outside of the

63

school district in which the student is entitled

64

to attend school after the end of the first full

65

week in October and who is enrolled in a school of

66

that district prior to that time to continue to

67

attend school in that district free of tuition for

68

the balance of the school year; to require school

69

district aid payments to reflect biannual ADM; to

70

define tuition calculations for purposes of

71

tuition caps for certain state colleges and

72

universities; to supersede provisions of Section

73

41.06 of Am. Sub. H.B. 95 of the 125th General

74

Assembly prescribing terms for earmarked funds for

75

training of community school sponsors; to clarify

76

that the reappraisal guarantee calculation does

77

not include the charge-off supplement; to clarify

78

that reappraisal guarantee calculations for fiscal

79

year 2005 include fiscal year 2004 transitional

80

aid payments; to amend the version of section

81

3313.608 of the Revised Code that is scheduled to

82

take effect July 1, 2003, to continue amendments

83

to that section by this act on and after that

84

effective date; to amend the version of section

85

3313.65 of the Revised Code that is scheduled to

86

take effect January 1, 2004, to continue the

87

provision of this act on and after that effective

88

date, and to declare an emergency.

89

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

Section 1. That sections 3301.079, 3301.0710, 3301.0711,	90
3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91, 3302.01,	91
3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532, 3313.6010,	92
3313.6012, 3313.61, 3313.611, 3313.612, 3313.64, 3313.65, 3313.97,	93
3314.012, 3314.02, 3314.03, 3314.20, 3317.01, 3317.023, 3317.03,	94
3317.04, 3317.08, 3334.01, 3334.12, 3334.17, 3334.19, and 5705.412	95
be amended and sections 3302.021 and 3314.033 of the Revised Code	96
be enacted to read as follows:	97

Sec. 3301.079.  (A)(1) Not later than December 31, 2001, the	98
state board of education shall adopt statewide academic standards	99
for each of grades kindergarten through twelve in reading,	100
writing, and mathematics. Not later than December 31, 2002, the	101
state board shall adopt statewide academic standards for each of	102
grades kindergarten through twelve in science and social studies.	103
The standards shall specify the academic content and skills that	104
students are expected to know and be able to do at each grade	105
level.	106

(2) When academic standards have been completed for any	107
subject area required by this division, the state board shall	108
inform all school districts of the content of those standards.	109

(B) Not later than eighteen months after the completion of	110
academic standards for any subject area required by division (A)	111
of this section, the state board shall adopt a model curriculum	112
for instruction in that subject area for each of grades	113
kindergarten through twelve that is sufficient to meet the needs	114
of students in every community. The model curriculum shall be	115
aligned with the standards to ensure that the academic content and	116
skills specified for each grade level are taught to students. When	117
any model curriculum has been completed, the state board shall	118
inform all school districts of the content of that model	119
curriculum.	120

All school districts may utilize the state standards and the	121
model curriculum established by the state board, together with	122
other relevant resources, examples, or models to ensure that	123
students have the opportunity to attain the academic standards.	124
Upon request, the department of education shall provide technical	125
assistance to any district in implementing the model curriculum.	126

Nothing in this section requires any school district to	127
utilize all or any part of a model curriculum developed under this	128
division.	129

(C) The state board shall develop achievement tests aligned	130
with the academic standards and model curriculum for each of the	131
subject areas and grade levels required by section 3301.0710 of	132
the Revised Code.	133

When any achievement test has been completed, the state board	134
shall inform all school districts of its completion, and the	135
department of education shall make the achievement test available	136
to the districts. School districts shall administer the	137
achievement test beginning in the school year indicated in section	138
3301.0712 of the Revised Code.	139

(D)(1) Not later than July 1, 2007, and except as provided in	140
division (D)(3) of this section, the state board shall adopt a	141
diagnostic assessment aligned with the academic standards and	142
model curriculum for each of grades kindergarten through two in	143
reading, writing, and mathematics and for each of grades three	144
through eight in reading, writing, mathematics, science, and	145
social studies. The diagnostic assessment shall be designed to	146
measure student comprehension of academic content and mastery of	147
related skills for the relevant subject area and grade level. Any	148
diagnostic assessment shall not include components to identify	149
gifted students. Blank copies of diagnostic tests shall be public	150
records.	151

(2) When each diagnostic assessment has been completed, the	152
state board shall inform all school districts of its completion	153
and the department of education shall make the diagnostic	154
assessment available to the districts at no cost to the district.	155
School districts shall administer the diagnostic assessment	156
pursuant to section 3301.0715 of the Revised Code beginning the	157
first school year following the development of the assessment.	158

(3) The state board shall not adopt a diagnostic assessment	159
for any subject area and grade level for which the state board	160
develops an achievement test under division (C) of this section.	161

(E) Whenever the state board or the department of education	162
consults with persons for the purpose of drafting or reviewing any	163
standards, diagnostic assessments, achievement tests, or model	164
curriculum required under this section, the state board or the	165
department shall first consult with parents of students in	166
kindergarten through twelfth grade and with active Ohio classroom	167
teachers, other school personnel, and administrators with	168
expertise in the appropriate subject area. Whenever practicable,	169
the state board and department shall consult with teachers	170
recognized as outstanding in their fields.	171

If the department contracts with more than one outside entity	172
for the development of the achievement tests required by this	173
section, the department shall ensure the interchangeability of	174
those tests.	175

(F) Not later than forty-five days prior to any deadline	176
established under division (A) or (B) of this section for the	177
adoption of academic standards or model curricula, the	178
superintendent of public instruction shall present the relevant	179
academic standards or curricula to a joint meeting of the house of	180
representatives and senate committees with jurisdiction over	181
education legislation.	182

(G) The fairness sensitivity review committee, established by	183
rule of the state board of education, shall not allow any question	184
on any achievement test or diagnostic assessment developed under	185
this section or any proficiency test prescribed by former section	186
3301.0710 of the Revised Code, as it existed prior to the	187
effective date of this sectionSeptember 11, 2001, to include, be	188
written to promote, or inquire as to individual moral or social	189
values or beliefs. The decision of the committee shall be final.	190
This section does not create a private cause of action.	191

Sec. 3301.0710.  The state board of education shall adopt	192
rules establishing a statewide program to test student	193
achievement. The state board shall ensure that all tests	194
administered under the testing program are aligned with the	195
academic standards and model curricula adopted by the state board	196
and are created with input from Ohio parents, Ohio classroom	197
teachers, Ohio school administrators, and other Ohio school	198
personnel pursuant to section 3301.079 of the Revised Code.	199

The testing program shall be designed to ensure that students	200
who receive a high school diploma demonstrate at least high school	201
levels of achievement in reading, writing, mathematics, science,	202
and social studies.	203

(A)(1) The state board shall prescribe all of the following:

204

(a) ATwo statewide achievement testtests, one each designed	205
to measure the level of reading and mathematics skill expected at	206
the end of third grade;	207

(b) TwoThree statewide achievement tests, one each designed	208
to measure the level of reading, writing, and mathematics skill	209
expected at the end of fourth grade;	210

(c) TwoFour statewide achievement tests, one each designed	211
to measure the level of reading, mathematics, science, and social	212
studies skill expected at the end of fifth grade;	213

(d) Two statewide achievement tests, one each designed to	214
measure the level of reading and mathematics skill expected at the	215
end of sixth grade;	216

(e) Three statewide achievement tests, one each designed to	217
measure the level of reading, writing, and mathematics skill	218
expected at the end of seventh grade;	219

(e) Two(f) Four statewide achievement tests, one each	220
designed to measure the level of reading, mathematics, science,	221
and social studies skill expected at the end of eighth grade.	222

(2) The state board shall determine and designate at least	223
fourfive ranges of scores on each of the achievement tests	224
described in divisiondivisions (A)(1) and (B) of this section.	225
Each range of scores shall be deemed to demonstrate a level of	226
achievement so that any student attaining a score within such	227
range has achieved one of the following:	228

(a) An advanced level of skill;

229

(b) An accelerated level of skill;

230

(c) A proficient level of skill;

231

(c)(d) A basic level of skill;

232

(d)(e) A below basiclimited level of skill.

233

(B) The tests prescribed under this division shall	234
collectively be known as the Ohio graduation tests. The state	235
board shall prescribe five statewide high school achievement	236
tests, one each designed to measure the level of reading, writing,	237
mathematics, science, and social studies skill expected at the end	238
of tenth grade, and shall determine and designate the score on	239
each such test that shall be deemed to demonstrate that any	240
student attaining such score has achieved at least a proficient	241
level of skill appropriate for tenth grade. The state board shall	242
designate a score in at least the range designated under division	243
(A)(2)(b) of this section on each such test that shall be deemed	244
to be a passing score on the test as a condition toward granting	245
high school diplomas under sections 3313.61, 3313.611, 3313.612,	246
and 3325.08 of the Revised Code.	247

The state board may enter into a reciprocal agreement with	248
the appropriate body or agency of any other state that has similar	249
statewide achievement testing requirements for receiving high	250
school diplomas, under which any student who has met an	251
achievement testing requirement of one state is recognized as	252
having met the similar achievement testing requirement of the	253
other state for purposes of receiving a high school diploma. For	254
purposes of this section and sections 3301.0711 and 3313.61 of the	255
Revised Code, any student enrolled in any public high school in	256
this state who has met an achievement testing requirement	257
specified in a reciprocal agreement entered into under this	258
division shall be deemed to have attained at least the applicable	259
score designated under this division on each test required by this	260
division that is specified in the agreement.	261

(C) The state board shall annually designate as follows the	262
dates on which the tests prescribed under this section shall be	263
administered:	264

(1) For the reading test prescribed under division (A)(1)(a)	265
of this section, as follows:	266

(a) One date prior to the thirty-first day of December each	267
school year;	268

(b) At least one date of each school year that is not earlier	269
than Monday of the week containing the eighth day of March;	270

(c) One date during the summer for students receiving summer	271
remediation services under section 3313.608 of the Revised Code.	272

(2) For the mathematics test prescribed under division	273
(A)(1)(a) of this section and the tests prescribed under divisions	274
(A)(1)(b), (c), (d), and (e), and (f) of this section, at least	275
one date of each school year that is not earlier than Monday of	276
the week containing the eighth day of March;	277

(3) For the tests prescribed under division (B) of this	278
section, at least one date in each school year that is not earlier	279
than Monday of the week containing the fifteenth day of March for	280
all tenth grade students and at least one date prior to the	281
thirty-first day of December and at least one date subsequent to	282
that date but prior to the thirty-first day of March of each	283
school year for eleventh and twelfth grade students.	284

(D) In prescribing test dates pursuant to division (C)(3) of	285
this section, the state board shall, to the greatest extent	286
practicable, provide options to school districts in the case of	287
tests administered under that division to eleventh and twelfth	288
grade students and in the case of tests administered to students	289
pursuant to division (C)(2) of section 3301.0711 of the Revised	290
Code. Such options shall include at least an opportunity for	291
school districts to give such tests outside of regular school	292
hours.	293

(E) In prescribing test dates pursuant to this section, the	294
state board of education shall designate the dates in such a way	295
as to allow a reasonable length of time between the administration	296
of tests prescribed under this section and any administration of	297
the National Assessment of Education Progress Test given to	298
students in the same grade level pursuant to section 3301.27 of	299
the Revised Code or federal law.	300

(F) Any committee established by the department of education	301
for the purpose of making recommendations to the state board	302
regarding the state board's designation of scores on the tests	303
described by this section shall inform the state board of the	304
probable percentage of students who would score in each of the	305
ranges established under division (A)(2) of this section on the	306
tests if the committee's recommendations are adopted by the state	307
board. To the extent possible, these percentages shall be	308
disaggregated by gender, major racial and ethnic groups, limited	309
English proficient students, economically disadvantaged students,	310
students with disabilities, and migrant students.	311

If the state board intends to make any change to the	312
committee's recommendations, the state board shall explain the	313
intended change to the Ohio accountability task force established	314
by section 3302.021 of the Revised Code. The task force shall	315
recommend whether the state board should proceed to adopt the	316
intended change. Nothing in this division shall require the state	317
board to designate test scores based upon the recommendations of	318
the task force.	319

Sec. 3301.0711.  (A) The department of education shall:

320

(1) Annually furnish to, grade, and score all tests required	321
by section 3301.0710 of the Revised Code to be administered by	322
city, local, exempted village, and joint vocational school	323
districts. In awarding contracts for grading tests, the department	324
shall give preference to Ohio-based entities employing Ohio	325
residents.	326

(2) Adopt rules for the ethical use of tests and prescribing	327
the manner in which the tests prescribed by section 3301.0710 of	328
the Revised Code shall be administered to students.	329

(B) Except as provided in divisions (C) and (J) of this	330
section, the board of education of each city, local, and exempted	331
village school district shall, in accordance with rules adopted	332
under division (A) of this section:	333

(1) Administer the reading test prescribed under division	334
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	335
to all students in the third grade who have not attained the score	336
designated for that test under division (A)(2)(b)(c) of section	337
3301.0710 of the Revised Code and once each summer to students	338
receiving summer remediation services under section 3313.608 of	339
the Revised Code.	340

(2) Administer the mathematics test prescribed under division	341
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	342
annually to all students in the third grade.	343

(3) Administer the tests prescribed under division (A)(1)(b)	344
of section 3301.0710 of the Revised Code at least once annually to	345
all students in the fourth grade.	346

(3)(4) Administer the tests prescribed under division	347
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	348
annually to all students in the fifth grade.	349

(4)(5) Administer the tests prescribed under division	350
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	351
annually to all students in the sixth grade.	352

(6) Administer the tests prescribed under division	353
(A)(1)(d)(e) of section 3301.0710 of the Revised Code at least	354
once annually to all students in the seventh grade.	355

(5)(7) Administer the tests prescribed under division	356
(A)(1)(e)(f) of section 3301.0710 of the Revised Code at least	357
once annually to all students in the eighth grade.	358

(6)(8) Except as provided in division (B)(7)(9) of this	359
sectionssection, administer any test prescribed under division	360
(B) of section 3301.0710 of the Revised Code as follows:	361

(a) At least once annually to all tenth grade students and at	362
least twice annually to all students in eleventh or twelfth grade	363
who have not yet attained the score on that test designated under	364
that division;	365

(b) To any person who has successfully completed the	366
curriculum in any high school or the individualized education	367
program developed for the person by any high school pursuant to	368
section 3323.08 of the Revised Code but has not received a high	369
school diploma and who requests to take such test, at any time	370
such test is administered in the district.	371

(7)(9) In lieu of the board of education of any city, local,	372
or exempted village school district in which the student is also	373
enrolled, the board of a joint vocational school district shall	374
administer any test prescribed under division (B) of section	375
3301.0710 of the Revised Code at least twice annually to any	376
student enrolled in the joint vocational school district who has	377
not yet attained the score on that test designated under that	378
division. A board of a joint vocational school district may also	379
administer such a test to any student described in division	380
(B)(6)(8)(b) of this section.	381

(C)(1)(a) Any student receiving special education services	382
under Chapter 3323. of the Revised Code may be excused from taking	383
any particular test required to be administered under this section	384
if the individualized education program developed for the student	385
pursuant to section 3323.08 of the Revised Code excuses the	386
student from taking that test and instead specifies an alternate	387
assessment method approved by the department of education as	388
conforming to requirements of federal law for receipt of federal	389
funds for disadvantaged pupils. To the extent possible, the	390
individualized education program shall not excuse the student from	391
taking a test unless no reasonable accommodation can be made to	392
enable the student to take the test.	393

(b) Any alternate assessment approved by the department for a	394
student under this division shall produce measurable results	395
comparable to those produced by the tests which the alternate	396
assessments are replacing in order to allow for the student's	397
assessment results to be included in the data compiled for a	398
school district or building under section 3302.03 of the Revised	399
Code.	400

(c) Any student enrolled in a chartered nonpublic school who	401
has been identified, based on an evaluation conducted in	402
accordance with section 3323.03 of the Revised Code or section 504	403
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	404
794, as amended, as a child with a disability shall be excused	405
from taking any particular test required to be administered under	406
this section if a plan developed for the student pursuant to rules	407
adopted by the state board excuses the student from taking that	408
test. In the case of any student so excused from taking a test,	409
the chartered nonpublic school shall not prohibit the student from	410
taking the test.	411

(2) A district board may, for medical reasons or other good	412
cause, excuse a student from taking a test administered under this	413
section on the date scheduled, but any such test shall be	414
administered to such excused student not later than nine days	415
following the scheduled date. The board shall annually report the	416
number of students who have not taken one or more of the tests	417
required by this section to the state board of education not later	418
than the thirtieth day of June.	419

(3) As used in this division, "English-limitedlimited	420
English proficient student" means a student whose primary language	421
is not English, who has been enrolled in United States schools for	422
less than three full school years, and who within the school year	423
has been identified, in accordance with criteria provided by the	424
department of education, as lacking adequate proficiency in	425
English for a test under this section to produce valid results	426
with respect to that student's academic progresshas the same	427
meaning as in 20 U.S.C. 7801.	428

ANo school district board or governing authority of a	429
nonpublic school may grant a temporary, one-year exemption from	430
any test administered under this section to an English-limited	431
student. Not more than three temporary one-year exemptions may be	432
granted to any studentshall excuse any limited English proficient	433
student from taking any particular test required to be	434
administered under this section, but a board may permit any	435
limited English proficient student to take the test with	436
appropriate accommodations, as determined by the department.	437
During any school year in which aFor each limited English	438
proficient student is excused from taking one or more tests	439
administered under this section, theeach school district shall	440
annually assess that student's progress in learning English, in	441
accordance with procedures approved by the department.	442

No district board orThe governing authority of a chartered	443
nonpublic school may excuse a limited English proficient student	444
from taking any test administered under this section. However, no	445
governing authority shall prohibit an English-limiteda limited	446
English proficient student from taking athe test under this	447
section.	448

(D) In the school year next succeeding the school year in	449
which the tests prescribed by division (A)(1) or (B) of section	450
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	451
or (B) of section 3301.0710 of the Revised Code as it existed	452
prior to the effective date of this amendmentSeptember 11, 2001,	453
are administered to any student, the board of education of any	454
school district in which the student is enrolled in that year	455
shall provide to the student intervention services commensurate	456
with the student's test performance, including any intensive	457
intervention required under section 3313.608 of the Revised Code,	458
in any skill in which the student failed to demonstrate at least a	459
score at the proficient level on a proficiencythe test or a score	460
in the basic range on an achievement test. This division does not	461
apply to any student receiving services pursuant to an	462
individualized education program developed for the student	463
pursuant to section 3323.08 of the Revised Code.	464

(E) Except as provided in section 3313.608 of the Revised	465
Code and division (M) of this section, no school district board of	466
education shall utilize any student's failure to attain a	467
specified score on any test administered under this section as a	468
factor in any decision to deny the student promotion to a higher	469
grade level. However, a district board may choose not to promote	470
to the next grade level any student who does not take any test	471
administered under this section or make up such test as provided	472
by division (C)(2) of this section and who is not exempted from	473
the requirement to take the test under division (C)(1) or (3) of	474
this section.	475

(F) No person shall be charged a fee for taking any test	476
administered under this section.	477

(G) Not later than sixty days after any administration of any	478
test prescribed by section 3301.0710 of the Revised Code, the	479
department shall send to each school district board a list of the	480
individual test scores of all persons taking the test. For any	481
tests administered under this section by a joint vocational school	482
district, the department shall also send to each city, local, or	483
exempted village school district a list of the individual test	484
scores of any students of such city, local, or exempted village	485
school district who are attending school in the joint vocational	486
school district.	487

(H) Individual test scores on any tests administered under	488
this section shall be released by a district board only in	489
accordance with section 3319.321 of the Revised Code and the rules	490
adopted under division (A) of this section. No district board or	491
its employees shall utilize individual or aggregate test results	492
in any manner that conflicts with rules for the ethical use of	493
tests adopted pursuant to division (A) of this section.	494

(I) Except as provided in division (G) of this section, the	495
department shall not release any individual test scores on any	496
test administered under this section and shall adopt rules to	497
ensure the protection of student confidentiality at all times.	498

(J) Notwithstanding division (D) of section 3311.52 of the	499
Revised Code, this section does not apply to the board of	500
education of any cooperative education school district except as	501
provided under rules adopted pursuant to this division.	502

(1) In accordance with rules that the state board of	503
education shall adopt, the board of education of any city,	504
exempted village, or local school district with territory in a	505
cooperative education school district established pursuant to	506
divisions (A) to (C) of section 3311.52 of the Revised Code may	507
enter into an agreement with the board of education of the	508
cooperative education school district for administering any test	509
prescribed under this section to students of the city, exempted	510
village, or local school district who are attending school in the	511
cooperative education school district.	512

(2) In accordance with rules that the state board of	513
education shall adopt, the board of education of any city,	514
exempted village, or local school district with territory in a	515
cooperative education school district established pursuant to	516
section 3311.521 of the Revised Code shall enter into an agreement	517
with the cooperative district that provides for the administration	518
of any test prescribed under this section to both of the	519
following:	520

(a) Students who are attending school in the cooperative	521
district and who, if the cooperative district were not	522
established, would be entitled to attend school in the city,	523
local, or exempted village school district pursuant to section	524
3313.64 or 3313.65 of the Revised Code;	525

(b) Persons described in division (B)(6)(8)(b) of this	526
section.	527

Any testing of students pursuant to such an agreement shall	528
be in lieu of any testing of such students or persons pursuant to	529
this section.	530

(K)(1) Any chartered nonpublic school may participate in the	531
testing program by administering any of the tests prescribed by	532
section 3301.0710 or 3301.0712 of the Revised Code if the chief	533
administrator of the school specifies which tests the school	534
wishes to administer. Such specification shall be made in writing	535
to the superintendent of public instruction prior to the first day	536
of August of any school year in which tests are administered and	537
shall include a pledge that the nonpublic school will administer	538
the specified tests in the same manner as public schools are	539
required to do under this section and rules adopted by the	540
department.	541

(2) The department of education shall furnish the tests	542
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	543
to any chartered nonpublic school electing to participate under	544
this division.	545

(L)(1) The superintendent of the state school for the blind	546
and the superintendent of the state school for the deaf shall	547
administer the tests described by section 3301.0710 of the Revised	548
Code. Each superintendent shall administer the tests in the same	549
manner as district boards are required to do under this section	550
and rules adopted by the department of education and in conformity	551
with division (C)(1)(a) of this section.	552

(2) The department of education shall furnish the tests	553
described by section 3301.0710 of the Revised Code to each	554
superintendent.	555

(M) Notwithstanding division (E) of this section, a school	556
district may use a student's failure to attain a score in at least	557
the basic range on the mathematics test described by division	558
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	559
the tests described by division (A)(1)(b), (c), (d), or (e), or	560
(f) of section 3301.0710 of the Revised Code as a factor in	561
retaining that student in the current grade level.	562

(N)(1) All tests required by section 3301.0710 of the Revised	563
Code shall become public records pursuant to section 149.43 of the	564
Revised Code on the first day of July following the school year	565
that the test was administered.	566

(2) The department may field test proposed test questions	567
with samples of students to determine the validity, reliability,	568
or appropriateness of test questions for possible inclusion in a	569
future year's test. The department also may use anchor questions	570
on tests to ensure that different versions of the same test are of	571
comparable difficulty.	572

Field test questions and anchor questions shall not be	573
considered in computing test scores for individual students. Field	574
test questions and anchor questions may be included as part of the	575
administration of any test required by section 3301.0710 of the	576
Revised Code.	577

(3) Any field test question or anchor question administered	578
under division (N)(2) of this section shall not be a public	579
record. Such field test questions and anchor questions shall be	580
redacted from any tests which are released as a public record	581
pursuant to division (N)(1) of this section.	582

Sec. 3301.0712. (A) Notwithstanding sections 3301.0710 and	583
3301.0711 of the Revised Code, the state board of education shall	584
continue to prescribe and the department of education and each	585
school district shall continue to administer any proficiency test	586
as required byin accordance with those former sections, as they	587
existed prior to September 11, 2001, until the applicable test is	588
no longer required to be administered as indicated on the chart	589
below. When any achievement test, as indicated on the chart below,	590
has been developed and made available in accordance with section	591
3301.079 of the Revised Code. Thereafter, such achievement test	592
shall be administered to students under sections 3301.0710 and	593
3301.0711 of the Revised Code beginning in the school year	594
indicated on the chart below. School districts shall continue to	595
provide intervention services as required under former division	596
(D) of section 3301.0711 of the Revised Code, as it existed prior	597
to September 11, 2001, to students who fail to attain a score in	598
the proficient range on a fourth grade proficiency test.	599

(B) TheNotwithstanding division (A) of this section, the	652
state board shall continue to prescribe and school districts and	653
chartered nonpublic schools shall continue to administer ninth	654
grade proficiency tests in reading, writing, mathematics, science,	655
and citizenship to students who enter ninth grade prior to July 1,	656
2003, for as long as those students remain eligible under section	657
3313.614 of the Revised Code to receive their high school diplomas	658
based on passage of those ninth grade proficiency tests. No	659
student who enters ninth grade prior to July 1, 2003, is required	660
to take any Ohio graduation test, even if any are administered to	661
the student's grade level, until the student is required by	662
section 3313.614 of the Revised Code to pass Ohio graduation tests	663
to receive a high school diploma.	664

Sec. 3301.0714.  (A) The state board of education shall adopt	665
rules for a statewide education management information system. The	666
rules shall require the state board to establish guidelines for	667
the establishment and maintenance of the system in accordance with	668
this section and the rules adopted under this section. The	669
guidelines shall include:	670

(1) Standards identifying and defining the types of data in	671
the system in accordance with divisions (B) and (C) of this	672
section;	673

(2) Procedures for annually collecting and reporting the data	674
to the state board in accordance with division (D) of this	675
section;	676

(3) Procedures for annually compiling the data in accordance	677
with division (G) of this section;	678

(4) Procedures for annually reporting the data to the public	679
in accordance with division (H) of this section.	680

(B) The guidelines adopted under this section shall require	681
the data maintained in the education management information system	682
to include at least the following:	683

(1) Student participation and performance data, for each	684
grade in each school district as a whole and for each grade in	685
each school building in each school district, that includes:	686

(a) The numbers of students receiving each category of	687
instructional service offered by the school district, such as	688
regular education instruction, vocational education instruction,	689
specialized instruction programs or enrichment instruction that is	690
part of the educational curriculum, instruction for gifted	691
students, instruction for handicapped students, and remedial	692
instruction. The guidelines shall require instructional services	693
under this division to be divided into discrete categories if an	694
instructional service is limited to a specific subject, a specific	695
type of student, or both, such as regular instructional services	696
in mathematics, remedial reading instructional services,	697
instructional services specifically for students gifted in	698
mathematics or some other subject area, or instructional services	699
for students with a specific type of handicap. The categories of	700
instructional services required by the guidelines under this	701
division shall be the same as the categories of instructional	702
services used in determining cost units pursuant to division	703
(C)(3) of this section.	704

(b) The numbers of students receiving support or	705
extracurricular services for each of the support services or	706
extracurricular programs offered by the school district, such as	707
counseling services, health services, and extracurricular sports	708
and fine arts programs. The categories of services required by the	709
guidelines under this division shall be the same as the categories	710
of services used in determining cost units pursuant to division	711
(C)(4)(a) of this section.	712

(c) Average student grades in each subject in grades nine	713
through twelve;	714

(d) Academic achievement levels as assessed by the testing of	715
student achievement under sections 3301.0710 and 3301.0711 of the	716
Revised Code;	717

(e) The number of students designated as having a	718
handicapping condition pursuant to division (C)(1) of section	719
3301.0711 of the Revised Code;	720

(f) The numbers of students reported to the state board	721
pursuant to division (C)(2) of section 3301.0711 of the Revised	722
Code;	723

(g) Attendance rates and the average daily attendance for the	724
year. For purposes of this division, a student shall be counted as	725
present for any field trip that is approved by the school	726
administration.	727

(h) Expulsion rates;

728

(i) Suspension rates;

729

(j) The percentage of students receiving corporal punishment;

730

(k) Dropout rates;

731

(l) Rates of retention in grade;

732

(m) For pupils in grades nine through twelve, the average	733
number of carnegie units, as calculated in accordance with state	734
board of education rules;	735

(n) Graduation rates, to be calculated in a manner specified	736
by the department of education that reflects the rate at which	737
students who were in the ninth grade three years prior to the	738
current year complete school and that is consistent with	739
nationally accepted reporting requirements;	740

(o) Results of diagnostic assessments administered to	741
kindergarten students as required under section 3301.0715 of the	742
Revised Code to permit a comparison of the academic readiness of	743
kindergarten students. However, no district shall be required to	744
report to the department the results of any diagnostic assessment	745
administered to a kindergarten student if the parent of that	746
student requests the district not to report those results.	747

(2) Personnel and classroom enrollment data for each school	748
district, including:	749

(a) The total numbers of licensed employees and nonlicensed	750
employees and the numbers of full-time equivalent licensed	751
employees and nonlicensed employees providing each category of	752
instructional service, instructional support service, and	753
administrative support service used pursuant to division (C)(3) of	754
this section. The guidelines adopted under this section shall	755
require these categories of data to be maintained for the school	756
district as a whole and, wherever applicable, for each grade in	757
the school district as a whole, for each school building as a	758
whole, and for each grade in each school building.	759

(b) The total number of employees and the number of full-time	760
equivalent employees providing each category of service used	761
pursuant to divisions (C)(4)(a) and (b) of this section, and the	762
total numbers of licensed employees and nonlicensed employees and	763
the numbers of full-time equivalent licensed employees and	764
nonlicensed employees providing each category used pursuant to	765
division (C)(4)(c) of this section. The guidelines adopted under	766
this section shall require these categories of data to be	767
maintained for the school district as a whole and, wherever	768
applicable, for each grade in the school district as a whole, for	769
each school building as a whole, and for each grade in each school	770
building.	771

(c) The total number of regular classroom teachers teaching	772
classes of regular education and the average number of pupils	773
enrolled in each such class, in each of grades kindergarten	774
through five in the district as a whole and in each school	775
building in the school district.	776

(3)(a) Student demographic data for each school district,	777
including information regarding the gender ratio of the school	778
district's pupils, the racial make-up of the school district's	779
pupils, the number of limited English proficient students in the	780
district, and an appropriate measure of the number of the school	781
district's pupils who reside in economically disadvantaged	782
households. The demographic data shall be collected in a manner to	783
allow correlation with data collected under division (B)(1) of	784
this section. Categories for data collected pursuant to division	785
(B)(3) of this section shall conform, where appropriate, to	786
standard practices of agencies of the federal government.	787

(b) With respect to each student entering kindergarten,	788
whether the student previously participated in a public preschool	789
program, a private preschool program, or a head start program, and	790
the number of years the student participated in each of these	791
programs.	792

(4) Any data required to be collected pursuant to federal	793
law.	794

(C) The education management information system shall include	795
cost accounting data for each district as a whole and for each	796
school building in each school district. The guidelines adopted	797
under this section shall require the cost data for each school	798
district to be maintained in a system of mutually exclusive cost	799
units and shall require all of the costs of each school district	800
to be divided among the cost units. The guidelines shall require	801
the system of mutually exclusive cost units to include at least	802
the following:	803

(1) Administrative costs for the school district as a whole.	804
The guidelines shall require the cost units under this division	805
(C)(1) to be designed so that each of them may be compiled and	806
reported in terms of average expenditure per pupil in formula ADM	807
in the school district, as determined pursuant to section 3317.03	808
of the Revised Code.	809

(2) Administrative costs for each school building in the	810
school district. The guidelines shall require the cost units under	811
this division (C)(2) to be designed so that each of them may be	812
compiled and reported in terms of average expenditure per	813
full-time equivalent pupil receiving instructional or support	814
services in each building.	815

(3) Instructional services costs for each category of	816
instructional service provided directly to students and required	817
by guidelines adopted pursuant to division (B)(1)(a) of this	818
section. The guidelines shall require the cost units under	819
division (C)(3) of this section to be designed so that each of	820
them may be compiled and reported in terms of average expenditure	821
per pupil receiving the service in the school district as a whole	822
and average expenditure per pupil receiving the service in each	823
building in the school district and in terms of a total cost for	824
each category of service and, as a breakdown of the total cost, a	825
cost for each of the following components:	826

(a) The cost of each instructional services category required	827
by guidelines adopted under division (B)(1)(a) of this section	828
that is provided directly to students by a classroom teacher;	829

(b) The cost of the instructional support services, such as	830
services provided by a speech-language pathologist, classroom	831
aide, multimedia aide, or librarian, provided directly to students	832
in conjunction with each instructional services category;	833

(c) The cost of the administrative support services related	834
to each instructional services category, such as the cost of	835
personnel that develop the curriculum for the instructional	836
services category and the cost of personnel supervising or	837
coordinating the delivery of the instructional services category.	838

(4) Support or extracurricular services costs for each	839
category of service directly provided to students and required by	840
guidelines adopted pursuant to division (B)(1)(b) of this section.	841
The guidelines shall require the cost units under division (C)(4)	842
of this section to be designed so that each of them may be	843
compiled and reported in terms of average expenditure per pupil	844
receiving the service in the school district as a whole and	845
average expenditure per pupil receiving the service in each	846
building in the school district and in terms of a total cost for	847
each category of service and, as a breakdown of the total cost, a	848
cost for each of the following components:	849

(a) The cost of each support or extracurricular services	850
category required by guidelines adopted under division (B)(1)(b)	851
of this section that is provided directly to students by a	852
licensed employee, such as services provided by a guidance	853
counselor or any services provided by a licensed employee under a	854
supplemental contract;	855

(b) The cost of each such services category provided directly	856
to students by a nonlicensed employee, such as janitorial	857
services, cafeteria services, or services of a sports trainer;	858

(c) The cost of the administrative services related to each	859
services category in division (C)(4)(a) or (b) of this section,	860
such as the cost of any licensed or nonlicensed employees that	861
develop, supervise, coordinate, or otherwise are involved in	862
administering or aiding the delivery of each services category.	863

(D)(1) The guidelines adopted under this section shall	864
require school districts to collect information about individual	865
students, staff members, or both in connection with any data	866
required by division (B) or (C) of this section or other reporting	867
requirements established in the Revised Code. The guidelines may	868
also require school districts to report information about	869
individual staff members in connection with any data required by	870
division (B) or (C) of this section or other reporting	871
requirements established in the Revised Code. The guidelines shall	872
not authorize school districts to request social security numbers	873
of individual students. The guidelines shall prohibit the	874
reporting under this section of a student's name, address, and	875
social security number to the state board of education or the	876
department of education. The guidelines shall also prohibit the	877
reporting under this section of any personally identifiable	878
information about any student, except for the purpose of assigning	879
the data verification code required by division (D)(2) of this	880
section, to any other person unless such person is employed by the	881
school district or the data acquisition site operated under	882
section 3301.075 of the Revised Code and is authorized by the	883
district or acquisition site to have access to such information.	884
The guidelines may require school districts to provide the social	885
security numbers of individual staff members.	886

(2) The guidelines shall provide for each school district or	887
community school to assign a data verification code that is unique	888
on a statewide basis over time to each student whose initial Ohio	889
enrollment is in that district or school and to report all	890
required individual student data for that student utilizing such	891
code. The guidelines shall also provide for assigning data	892
verification codes to all students enrolled in districts or	893
community schools on the effective date of the guidelines	894
established under this section.	895

Individual student data shall be reported to the department	896
through the data acquisition sites utilizing the code but at no	897
time shall the state board or the department have access to	898
information that would enable any data verification code to be	899
matched to personally identifiable student data.	900

Each school district shall ensure that the data verification	901
code is included in the student's records reported to any	902
subsequent school district or community school in which the	903
student enrolls and shall remove all references to the code in any	904
records retained in the district or school that pertain to any	905
student no longer enrolled. Any such subsequent district or school	906
shall utilize the same identifier in its reporting of data under	907
this section.	908

(E) The guidelines adopted under this section may require	909
school districts to collect and report data, information, or	910
reports other than that described in divisions (A), (B), and (C)	911
of this section for the purpose of complying with other reporting	912
requirements established in the Revised Code. The other data,	913
information, or reports may be maintained in the education	914
management information system but are not required to be compiled	915
as part of the profile formats required under division (G) of this	916
section or the annual statewide report required under division (H)	917
of this section.	918

(F) Beginning with the school year that begins July 1, 1991,	919
the board of education of each school district shall annually	920
collect and report to the state board, in accordance with the	921
guidelines established by the board, the data required pursuant to	922
this section. A school district may collect and report these data	923
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	924

(G) The state board shall, in accordance with the procedures	925
it adopts, annually compile the data reported by each school	926
district pursuant to division (D) of this section. The state board	927
shall design formats for profiling each school district as a whole	928
and each school building within each district and shall compile	929
the data in accordance with these formats. These profile formats	930
shall:	931

(1) Include all of the data gathered under this section in a	932
manner that facilitates comparison among school districts and	933
among school buildings within each school district;	934

(2) Present the data on academic achievement levels as	935
assessed by the testing of student achievement maintained pursuant	936
to division (B)(1)(e)(d) of this section so that the academic	937
achievement levels of students who are excused from taking any	938
such test pursuant to division (C)(1) of section 3301.0711 of the	939
Revised Code are distinguished from the academic achievement	940
levels of students who are not so excused.	941

(H)(1) The state board shall, in accordance with the	942
procedures it adopts, annually prepare a statewide report for all	943
school districts and the general public that includes the profile	944
of each of the school districts developed pursuant to division (G)	945
of this section. Copies of the report shall be sent to each school	946
district.	947

(2) The state board shall, in accordance with the procedures	948
it adopts, annually prepare an individual report for each school	949
district and the general public that includes the profiles of each	950
of the school buildings in that school district developed pursuant	951
to division (G) of this section. Copies of the report shall be	952
sent to the superintendent of the district and to each member of	953
the district board of education.	954

(3) Copies of the reports received from the state board under	955
divisions (H)(1) and (2) of this section shall be made available	956
to the general public at each school district's offices. Each	957
district board of education shall make copies of each report	958
available to any person upon request and payment of a reasonable	959
fee for the cost of reproducing the report. The board shall	960
annually publish in a newspaper of general circulation in the	961
school district, at least twice during the two weeks prior to the	962
week in which the reports will first be available, a notice	963
containing the address where the reports are available and the	964
date on which the reports will be available.	965

(I) Any data that is collected or maintained pursuant to this	966
section and that identifies an individual pupil is not a public	967
record for the purposes of section 149.43 of the Revised Code.	968

(J) As used in this section:

969

(1) "School district" means any city, local, exempted	970
village, or joint vocational school district.	971

(2) "Cost" means any expenditure for operating expenses made	972
by a school district excluding any expenditures for debt	973
retirement except for payments made to any commercial lending	974
institution for any loan approved pursuant to section 3313.483 of	975
the Revised Code.	976

(K) Any person who removes data from the information system	977
established under this section for the purpose of releasing it to	978
any person not entitled under law to have access to such	979
information is subject to section 2913.42 of the Revised Code	980
prohibiting tampering with data.	981

(L) Any time the department of education determines that a	982
school district has taken any of the actions described under	983
division (L)(1), (2), or (3) of this section, it shall make a	984
report of the actions of the district, send a copy of the report	985
to the superintendent of such school district, and maintain a copy	986
of the report in its files:	987

(1) The school district fails to meet any deadline	988
established pursuant to this section for the reporting of any data	989
to the education management information system;	990

(2) The school district fails to meet any deadline	991
established pursuant to this section for the correction of any	992
data reported to the education management information system;	993

(3) The school district reports data to the education	994
management information system in a condition, as determined by the	995
department, that indicates that the district did not make a good	996
faith effort in reporting the data to the system.	997

Any report made under this division shall include	998
recommendations for corrective action by the school district.	999

Upon making a report for the first time in a fiscal year, the	1000
department shall withhold ten per cent of the total amount due	1001
during that fiscal year under Chapter 3317. of the Revised Code to	1002
the school district to which the report applies. Upon making a	1003
second report in a fiscal year, the department shall withhold an	1004
additional twenty per cent of such total amount due during that	1005
fiscal year to the school district to which the report applies.	1006
The department shall not release such funds unless it determines	1007
that the district has taken corrective action. However, no such	1008
release of funds shall occur if the district fails to take	1009
corrective action within forty-five days of the date upon which	1010
the report was made by the department.	1011

(M) The department of education, after consultation with the	1012
Ohio education computer network, may provide at no cost to school	1013
districts uniform computer software for use in reporting data to	1014
the education management information system, provided that no	1015
school district shall be required to utilize such software to	1016
report data to the education management information system if such	1017
district is so reporting data in an accurate, complete, and timely	1018
manner in a format compatible with that required by the education	1019
management information system.	1020

(N) The state board of education, in accordance with sections	1021
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1022
license as defined under division (A) of section 3319.31 of the	1023
Revised Code that has been issued to any school district employee	1024
found to have willfully reported erroneous, inaccurate, or	1025
incomplete data to the education management information system.	1026

(O) No person shall release or maintain any information about	1027
any student in violation of this section. Whoever violates this	1028
division is guilty of a misdemeanor of the fourth degree.	1029

(P) The department shall disaggregate the data collected	1030
under division (B)(1)(o) of this section according to the race and	1031
socioeconomic status of the students assessed. No data collected	1032
under that division shall be included on the report cards required	1033
by section 3302.03 of the Revised Code.	1034

(Q) If the department cannot compile any of the information	1035
required by division (D)(C)(5) of section 3302.03 of the Revised	1036
Code based upon the data collected under this section, the	1037
department shall develop a plan and a reasonable timeline for the	1038
collection of any data necessary to comply with that division.	1039

Sec. 3301.0715.  (A) Except as provided in division (E) of	1040
this section, the board of education of each city, local, and	1041
exempted village school district shall administer each applicable	1042
diagnostic assessment developed and provided to the district in	1043
accordance with section 3301.079 of the Revised Code to measure	1044
student progress toward the attainment of academic standards for	1045
grades kindergarten through two in reading, writing, and	1046
mathematics and for grades three through eight in reading,	1047
writing, mathematics, science, and social studies the following:	1048

(1) Each student enrolled in a building subject to division	1049
(E) of section 3302.04 of the Revised Code;	1050

(2) Any student who transfers into the district or to a	1051
different school within the district, within thirty days after the	1052
date of transfer;	1053

(3) Each kindergarten student, within six weeks after the	1054
first day of school. For the purpose of division (A)(3) of this	1055
section, the district shall administer the kindergarten readiness	1056
assessment provided by the department of education.	1057

(4) Each student enrolled in first or second grade.

1058

(B) Each district board shall administer each diagnostic	1059
assessment as the board deems appropriate. However, the board	1060
shall administer any diagnostic assessment at least once annually	1061
to all students in the appropriate grade level. A district board	1062
may administer any diagnostic assessment in the fall and spring of	1063
a school year to measure the "value added"amount of academic	1064
growth attributable to the instruction received by students during	1065
that school year.	1066

(C) Each district board shall utilize and score any	1067
diagnostic assessment administered under division (A) of this	1068
section in accordance with rules established by the department of	1069
education. Except as required by division (B)(1)(o) of section	1070
3301.0714 of the Revised Code, neither the state board of	1071
education nor the department shall require school districts to	1072
report the results of diagnostic assessments for any students to	1073
the department or to make any such results available in any form	1074
to the public. After the administration of any diagnostic	1075
assessment, each district shall provide a student's completed	1076
diagnostic assessment, the results of such assessment, and any	1077
other accompanying documents used during the administration of the	1078
assessment to the parent of that student upon the parent's	1079
request.	1080

(D) Each district board shall provide intervention services	1081
to students whose diagnostic assessments show that they are	1082
failing to make satisfactory progress toward attaining the	1083
academic standards for their grade level.	1084

(E) Any district declared excellent under section 3302.03 of	1085
the Revised Codethat made adequate yearly progress, as defined in	1086
section 3302.01 of the Revised Code, in the immediately preceding	1087
school year may assess student progress in grades one through	1088
eight using a diagnostic assessment other than the diagnostic	1089
assessment required by division (A) of this section.	1090

(F) Within thirty days after a student transfers into a	1091
school district or to a different school within the same district,	1092
the district shall administer each diagnostic assessment required	1093
under division (A) of this section to the studentA district board	1094
may administer any diagnostic assessment provided to the district	1095
in accordance with section 3301.079 of the Revised Code to any	1096
student enrolled in a building that is not subject to division	1097
(A)(1) of this section. Any district electing to administer	1098
diagnostic assessments to students under this division shall	1099
provide intervention services to any such student whose diagnostic	1100
assessment shows unsatisfactory progress toward attaining the	1101
academic standards for the student's grade level.	1102

Sec. 3301.801. (A) The Ohio SchoolNet commission shall create	1103
and maintain a clearinghouse for classroom teachers, including any	1104
classroom teachers employed by community schools established under	1105
Chapter 3314. of the Revised Code, to easily obtain lesson plans	1106
and materials and other practical resources for use in classroom	1107
teaching. The commission shall develop a method of obtaining	1108
submissions, from classroom teachers and others, of such plans,	1109
materials, and other resources that have been used in the	1110
classroom and that can be readily used and implemented by	1111
classroom teachers in their regular teaching activities. The	1112
commission also shall develop methods of informing classroom	1113
teachers of both the availability of such plans, materials, and	1114
other resources, and of the opportunity to submit such plans,	1115
materials, and other resources and other classroom teaching ideas	1116
to the clearinghouse.	1117

The department of education shall regularly identify	1118
research-based practices concerned with scheduling and allotting	1119
instructional time and submit such practices to the commission for	1120
inclusion in the clearinghouse.	1121

The commission shall periodically report to the speaker and	1122
minority leader of the house of representatives, the president and	1123
minority leader of the senate, and the chairpersons and ranking	1124
minority members of the education committees of the senate and the	1125
house of representatives regarding the clearinghouse and make	1126
recommendations for changes in state law or administrative rules	1127
that may facilitate the usefulness of the clearinghouse.	1128

(B) Not later than one year after the effective date of this	1129
amendment, the department of education shall identify research	1130
studies on academic intervention and prevention practices that	1131
have been successful in improving the academic performance of	1132
students from different ethnic and socioeconomic groups, develop	1133
an annotated bibliography of such studies, and provide that	1134
bibliography to the Ohio SchoolNet commission. The commission	1135
shall promptly make the bibliography available to school districts	1136
as a part of the clearinghouse established under this section.	1137

Sec. 3301.91.  (A) The OhioReads council's responsibilities	1138
include, but are not limited to, the following:	1139

(1) Advising and consenting to the superintendent of public	1140
instruction's appointments to the position of executive director	1141
of the OhioReads office;	1142

(2) Evaluating the effectiveness of the OhioReads initiative	1143
established by this section and sections 3301.86 and 3301.87 of	1144
the Revised Code and conducting annual evaluations beginning in	1145
fiscal year 2002;	1146

(3) Developing a strategic plan for identifying, recruiting,	1147
training, qualifying, and placing volunteers for the OhioReads	1148
initiative;	1149

(4) Establishing standards for the awarding of classroom	1150
reading grants under section 3301.86 of the Revised Code and	1151
community reading grants under section 3301.87 of the Revised	1152
Code, including eligibility criteria, grant amounts, purposes for	1153
which grants may be used, and administrative, programmatic, and	1154
reporting requirements;	1155

(5) Awarding classroom reading grants and community reading	1156
grants to be paid by the OhioReads office under sections 3301.86	1157
and 3301.87 of the Revised Code;	1158

(6) Establishing guidelines for and overseeing the general	1159
responsibilities and mission of the executive director of the	1160
OhioReads office;	1161

(7) Adopting rules pursuant to Chapter 119. of the Revised	1162
Code to establish standards required under sections 3301.86 and	1163
3301.87 of the Revised Code.	1164

(B) In performing its duties, the council shall, to the	1165
extent practicable:	1166

(1) Give primary consideration to the safety and well-being	1167
of children participating in the OhioReads initiative;	1168

(2) Maximize the use of resources to improve reading	1169
outcomes, especially the fourth grade reading proficiency test	1170
established under former division (A)(1) of section 3301.0710 of	1171
the Revised Code, as it existed prior to September 11, 2001, and	1172
the third grade reading achievement test established under	1173
division (A)(1)(a) of section 3301.0710 of the Revised Code;	1174

(3) Identify and maximize relevant federal and state	1175
resources to leverage OhioReads resources and related programs;	1176

(4) Focus on early reading intervention strategies,	1177
professional development, and parental involvement;	1178

(5) Give priority to programs recognized as promising	1179
educational practices for accelerating student achievement,	1180
including, but not limited to, programs primarily using volunteers	1181
and programs that may have been reviewed by the education	1182
commission of the states.	1183

Sec. 3302.01.  As used in this chapter:

1184

(A) "Dropout" means a student who withdraws from school	1185
before completing course requirements for graduation and who is	1186
not enrolled in an education program approved by the state board	1187
of education or an education program outside the state. "Dropout"	1188
does not include a student who has departed the country.	1189

(B) "Graduation rate" means a calculation of the percentage	1190
of ninth grade students who graduate by the end of the summer	1191
following their twelfth grade year. The graduation rate is the	1192
ratio of the students receiving a diploma to the number of	1193
students who entered ninth grade four years earlier. Students who	1194
transfer into the district are added to the calculation. Students	1195
who transfer out of the district for reasons other than dropout	1196
are subtracted from the calculation. Students who do not graduate	1197
within four years but who continue their high school education in	1198
the following year in the same school district are removed from	1199
the calculation for the year in which they would have graduated	1200
and are added to the calculation for the following year's	1201
graduating class as if the student had entered ninth grade four	1202
years before the intended graduation date of that class. In each	1203
subsequent year that such students do not graduate but continue	1204
their high school education uninterrupted in the same school	1205
district, such students shall be reassigned to the district's	1206
graduation rate for that year by assuming that the students	1207
entered ninth grade four years before the date of the intended	1208
graduation. If a student who was a dropout in any previous year	1209
returns to the same school district, that student shall be entered	1210
into the calculation as if the student had entered ninth grade	1211
four years before the graduation year of the graduating class that	1212
the student joins.	1213

(C) "Attendance rate" means the ratio of the number of	1214
students actually in attendance over the course of a school year	1215
to the number of students who were required to be in attendance	1216
that school year, as calculated pursuant to rules of the	1217
superintendent of public instruction.	1218

(D) "Three-year average" means the average of the most recent	1219
consecutive three school years of data.	1220

(E) "Required level of improvement" means at least one	1221
standard unit of improvement on at least the percentage of	1222
performance standards required to demonstrate overall improvement,	1223
in accordance with the rule approved under division (A) of section	1224
3302.04 of the Revised Code"Performance index score" means the	1225
average of the totals derived from calculations for each subject	1226
area of reading, writing, mathematics, science, and social studies	1227
of the weighted proportion of untested students and students	1228
scoring at each level of skill described in division (A)(2) of	1229
section 3301.0710 of the Revised Code on the tests prescribed by	1230
divisions (A) and (B) of that section. The department of education	1231
shall assign weights such that students who do not take a test	1232
receive a weight of zero and students who take a test receive	1233
progressively larger weights dependent upon the level of skill	1234
attained on the test. The department shall also determine the	1235
performance index score a school district or building needs to	1236
achieve for the purpose of the performance ratings assigned	1237
pursuant to section 3302.03 of the Revised Code.	1238

Students shall be included in the "performance index score"	1239
in accordance with division (D)(2) of section 3302.03 of the	1240
Revised Code.	1241

(F) "Subgroup" means a subset of the entire student	1242
population of the state, a school district, or a school building	1243
and includes each of the following:	1244

(1) Major racial and ethnic groups;

1245

(2) Students with disabilities;

1246

(3) Economically disadvantaged students;

1247

(4) Limited English proficient students.

1248

(G) "Other academic indicators" means measures of student	1249
academic performance other than scores on tests administered under	1250
section 3301.0710 of the Revised Code, which shall be the	1251
attendance rate for elementary and middle schools and the	1252
graduation rate for high schools.	1253

(H) "Annual measurable objective" means the yearly percentage	1254
of students, which shall be established by the state board, who	1255
must score at or above the proficient level on tests established	1256
under section 3301.0710 of the Revised Code in reading and	1257
mathematics administered to their grade level for a school	1258
district or a school building to be deemed to have made sufficient	1259
progress for that school year toward the goal of having all	1260
students scoring at or above the proficient level on such tests by	1261
June 30, 2014. For the school year that begins July 1, 2003, the	1262
state board shall establish an "annual measurable objective" in	1263
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	1264
1425, 20 U.S.C. 6311. In the school year following the first	1265
administration of each test established under section 3301.0710 of	1266
the Revised Code, the state board shall use the results from such	1267
tests to make any necessary adjustments in the applicable annual	1268
measurable objective.	1269

(I) "Adequate yearly progress," as required by the "No Child	1270
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6311, means a	1271
measure of annual academic performance. "Adequate yearly progress"	1272
is made by a school district or a school building when, in	1273
accordance with division (D)(2) of section 3302.03 of the Revised	1274
Code, the district or building satisfies either divisions (I)(1)	1275
and (2) of this section or divisions (I)(1) and (3) of this	1276
section in the applicable school year:	1277

(1) At least ninety-five per cent of the total student	1278
population and of each subgroup enrolled in the district or	1279
building at the time of the test administration takes each test in	1280
reading and mathematics prescribed by section 3301.0710 of the	1281
Revised Code that is administered to their grade level, except	1282
that this requirement shall not apply to any subgroup in the	1283
district or building that contains less than forty students. Those	1284
students taking a test with accommodations or an alternate	1285
assessment pursuant to division (C) of section 3301.0711 of the	1286
Revised Code shall be counted as taking that test for the purposes	1287
of this division.	1288

(2) The total student population and each subgroup in the	1289
district or building, as defined in division (D)(2) of section	1290
3302.03 of the Revised Code, meets or exceeds the annual	1291
measurable objective for that school year in reading and	1292
mathematics based upon data from the current school year or a	1293
three-year average of data and the district or building meets or	1294
exceeds the minimum threshold or makes progress on the other	1295
academic indicators for that school year. In calculating whether a	1296
district or building satisfies this division, the department shall	1297
include any subgroup in the district or building that contains	1298
thirty or more students, except that the department shall not	1299
include the subgroup described in division (F)(2) of this section	1300
unless such subgroup contains forty-five or more students. The	1301
determination of students in the subgroup described in division	1302
(F)(2) of this section who are not required to score at or above	1303
the proficient level on tests established under section 3301.0710	1304
of the Revised Code for the purpose of determining whether a	1305
district or building satisfies this division shall comply with	1306
federal statutes, rules, and regulations.	1307

(3) If the performance of the total student population or any	1308
subgroup in the district or building results in the failure of the	1309
district or building to satisfy division (I)(2) of this section,	1310
the district or building shall fulfill both of the following	1311
requirements with respect to the total student population or any	1312
pertinent subgroup:	1313

(a) The percentage of students scoring below the proficient	1314
level on the applicable tests in the total student population or	1315
subgroup decreases by at least ten per cent from the percentage of	1316
such students in the total student population or subgroup in the	1317
preceding school year or from the average percentage of such	1318
students in the total student population or subgroup in the two	1319
preceding school years.	1320

(b) The total student population or subgroup meets or exceeds	1321
the minimum threshold on the other academic indicators for that	1322
school year or makes progress toward meeting the minimum threshold	1323
on one of the other academic indicators for that school year.	1324

(J) "Supplemental educational services" means additional	1325
academic assistance, such as tutoring, remediation, or other	1326
educational enrichment activities, that is conducted outside of	1327
the regular school day by a provider approved by the department in	1328
accordance with the "No Child Left Behind Act of 2001," 115 Stat.	1329
1425, 20 U.S.C. 6316.	1330

(K) "Value-added progress dimension" means a measure of	1331
academic gain for a student or group of students over a specific	1332
period of time that is calculated by applying a statistical	1333
methodology to individual student achievement data derived from	1334
the achievement tests prescribed by section 3301.0710 of the	1335
Revised Code.	1336

Sec. 3302.02.  The state board of education annually through	1337
20062007, and every six years thereafter, shall establish at	1338
least seventeen performance indicators for the report cards	1339
required by division (D)(C) of section 3302.03 of the Revised	1340
Code. In establishing these indicators, the state board shall	1341
consider inclusion of student performance on any tests given under	1342
section 3301.0710 or 3301.0712 of the Revised Code, rates of	1343
student improvement on such tests, student attendance, the breadth	1344
of coursework available within the district, and other indicators	1345
of student success. The state board shall notify all school	1346
districts of the selected performance indicators at least two	1347
years before they are included in the report cardinform the Ohio	1348
accountability task force established under section 3302.021 of	1349
the Revised Code of the performance indicators it establishes	1350
under this section and the rationale for choosing each indicator	1351
and for determining how a school district or building meets that	1352
indicator.	1353

The state board shall not establish any performance indicator	1354
for passage of the third or fourth grade reading test that is	1355
solely based on the test given in the fall for the purpose of	1356
determining whether students have met the reading guarantee	1357
provisions of section 3313.608 of the Revised Code.	1358

Sec. 3302.021. (A) Not earlier than July 1, 2005, and not	1359
later than July 1, 2007, the department of education shall	1360
implement a value-added progress dimension for school districts	1361
and buildings and shall incorporate the value-added progress	1362
dimension into the report cards and performance ratings issued for	1363
districts and buildings under section 3302.03 of the Revised Code.	1364

The state board of education shall adopt rules, pursuant to	1365
Chapter 119. of the Revised Code, for the implementation of the	1366
value-added progress dimension. In adopting rules, the state board	1367
shall consult with the Ohio accountability task force established	1368
under division (D) of this section. The rules adopted under this	1369
division shall specify both of the following:	1370

(1) A scale for describing the levels of academic progress in	1371
reading and mathematics relative to a standard year of academic	1372
growth in those subjects for each of grades three through eight;	1373

(2) That the department shall maintain the confidentiality of	1374
individual student test scores and individual student reports in	1375
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the	1376
Revised Code and federal law. The department may require school	1377
districts to use a unique identifier for each student for this	1378
purpose. Individual student test scores and individual student	1379
reports shall be made available only to a student's classroom	1380
teacher and other appropriate educational personnel and to the	1381
student's parent or guardian.	1382

(B) The department shall use a system designed for collecting	1383
necessary data, calculating the value-added progress dimension,	1384
analyzing data, and generating reports, which system has been used	1385
previously by a non-profit organization led by the Ohio business	1386
community for at least one year in the operation of a pilot	1387
program in cooperation with school districts to collect and report	1388
student achievement data via electronic means and to provide	1389
information to the districts regarding the academic performance of	1390
individual students, grade levels, school buildings, and the	1391
districts as a whole.	1392

(C) The department shall not pay more than two dollars per	1393
student for data analysis and reporting to implement the	1394
value-added progress dimension in the same manner and with the	1395
same services as under the pilot program described by division (B)	1396
of this section. However, nothing in this section shall preclude	1397
the department or any school district from entering into a	1398
contract for the provision of more services at a higher fee per	1399
student.	1400

(D)(1) There is hereby established the Ohio accountability	1401
task force. The task force shall consist of the following thirteen	1402
members:	1403

(a) The chairpersons and ranking minority members of the	1404
house of representatives and senate standing committees primarily	1405
responsible for education legislation, who shall be nonvoting	1406
members;	1407

(b) One representative of the governor's office, appointed by	1408
the governor;	1409

(c) The superintendent of public instruction, or the	1410
superintendent's designee;	1411

(d) One representative of teacher employee organizations	1412
formed pursuant to Chapter 4117. of the Revised Code, appointed by	1413
the speaker of the house of representatives;	1414

(e) One representative of school district boards of	1415
education, appointed by the president of the senate;	1416

(f) One school district superintendent, appointed by the	1417
speaker of the house of representatives;	1418

(g) One representative of business, appointed by the	1419
president of the senate;	1420

(h) One representative of a non-profit organization led by	1421
the Ohio business community, appointed by the governor;	1422

(i) One school building principal, appointed by the president	1423
of the senate;	1424

(j) A member of the state board of education, appointed by	1425
the speaker of the house.	1426

Initial appointed members of the task force shall serve until	1427
January 1, 2005. Thereafter, terms of office for appointed members	1428
shall be for two years, each term ending on the same day of the	1429
same month as did the term that it succeeds. Each appointed member	1430
shall hold office from the date of appointment until the end of	1431
the term for which the member was appointed. Members may be	1432
reappointed. Vacancies shall be filled in the same manner as the	1433
original appointment. Any member appointed to fill a vacancy	1434
occurring prior to the expiration of the term for which the	1435
member's predecessor was appointed shall hold office for the	1436
remainder of that term.	1437

The task force shall select from among its members a	1438
chairperson. The task force shall meet at least six times each	1439
calendar year and at other times upon the call of the chairperson	1440
to conduct its business. Members of the task force shall serve	1441
without compensation.	1442

(2) The task force shall do all of the following:

1443

(a) Examine the implementation of the value-added progress	1444
dimension by the department, including the system described in	1445
division (B) of this section, the reporting of performance data to	1446
school districts and buildings, and the provision of professional	1447
development on the interpretation of the data to classroom	1448
teachers and administrators;	1449

(b) Periodically review any fees for data analysis and	1450
reporting paid by the department pursuant to division (C) of this	1451
section and determine if the fees are appropriate based upon the	1452
level of services provided;	1453

(c) Periodically report to the department and the state board	1454
on all issues related to the school district and building	1455
accountability system established under this chapter;	1456

(d) Not later than seven years after its initial meeting,	1457
make recommendations to improve the school district and building	1458
accountability system established under this chapter. The task	1459
force shall adopt recommendations by a majority vote of its	1460
members. Copies of the recommendations shall be provided to the	1461
state board, the governor, the speaker of the house of	1462
representatives, and the president of the senate.	1463

(e) Determine starting dates for the implementation of the	1464
value-added progress dimension and its incorporation into school	1465
district and building report cards and performance ratings.	1466

Sec. 3302.03.  (A) Annually the department of education shall	1467
report for each school district theand each school building in a	1468
district all of the following:	1469

(1) The extent to which itthe school district or building	1470
meets each of the applicable performance indicators created by the	1471
state board of education under section 3302.02 of the Revised Code	1472
and shall specify for each such district the number of applicable	1473
performance indicators that have been achieved and whether;	1474

(2) The performance index score of the school district or	1475
building;	1476

(3) Whether the school district or building has made adequate	1477
yearly progress;	1478

(4) Whether the school district or building is an excellent	1479
school district, an effective school district, needs continuous	1480
improvement, is under an academic watch, or is in a state of	1481
academic emergency.	1482

When possible, the department shall also determine for each	1483
school building in a district the extent to which it meets any of	1484
the performance indicators applicable to the grade levels of the	1485
students in that school building and whether the school building	1486
is an excellent school, an effective school, needs continuous	1487
improvement, is under an academic watch, or is in a state of	1488
academic emergency.	1489

(B) If the state board establishes seventeen performance	1490
indicators applicable to a school district or building under	1491
section 3302.02 of the Revised Code:	1492

(1) A school district or building shall be declared excellent	1493
if it fulfills one of the following requirements:	1494

(a) It makes adequate yearly progress and either meets at	1495
least sixteenninety-four per cent of the applicable state	1496
performance indicators or has a performance index score	1497
established by the department.	1498

(b) It has failed to make adequate yearly progress for not	1499
more than two consecutive years and either meets at least	1500
ninety-four per cent of the applicable state performance	1501
indicators or has a performance index score established by the	1502
department.	1503

(2) A school district or building shall be declared effective	1504
if it fulfills one of the following requirements:	1505

(a) It makes adequate yearly progress and either meets	1506
thirteen through fifteenat least seventy-five per cent but less	1507
than ninety-four per cent of the applicable state performance	1508
indicators or has a performance index score established by the	1509
department.	1510

(b) It does not make adequate yearly progress and either	1511
meets at least seventy-five per cent of the applicable state	1512
performance indicators or has a performance index score	1513
established by the department, except that if it does not make	1514
adequate yearly progress for three consecutive years, it shall be	1515
declared in need of continuous improvement.	1516

(3) A school district or building shall be declared to be in	1517
need of continuous improvement if it fulfills one of the following	1518
requirements:	1519

(a) It makes adequate yearly progress, meets more than eight	1520
but less than thirteenless than seventy-five per cent of the	1521
applicable state performance indicators, and has a performance	1522
index score established by the department.	1523

(b) It does not make adequate yearly progress and either	1524
meets at least fifty per cent but less than seventy-five per cent	1525
of the applicable state performance indicators or has a	1526
performance index score established by the department.	1527

(4) A school district or building shall be declared to be	1528
under an academic watch if it does not make adequate yearly	1529
progress and either meets more than five but not more than eight	1530
at least thirty-one per cent but less than fifty per cent of the	1531
applicable state performance indicators or has a performance index	1532
score established by the department.	1533

(5) A school district or building shall be declared to be in	1534
a state of academic emergency if it does not make adequate yearly	1535
progress, does not meet more than fiveat least thirty-one per	1536
cent of the applicable state performance indicators, and has a	1537
performance index score established by the department.	1538

(C) If the state board establishes more than seventeen	1539
performance indicators under section 3302.02 of the Revised Code,	1540
or if less than seventeen performance indicators are applicable to	1541
a school building, the state board shall establish the number of	1542
indicators that must be met in order for a district or building to	1543
be designated as excellent, effective, needs continuous	1544
improvement, is under an academic watch, or is in a state of	1545
academic emergency. The number established for each such category	1546
under this division shall bear a similar relationship to the total	1547
number of indicators as the number of indicators required for the	1548
respective categories stated in division (B) of this section bears	1549
to seventeen.	1550

(D)(1) The department shall issue annual report cards for	1551
each school district, each building within each district, and for	1552
the state as a whole reflecting performance on the indicators	1553
created by the state board under section 3302.02 of the Revised	1554
Code, the performance index score, and adequate yearly progress.	1555

(2) The department shall include on the report card for each	1556
district information pertaining to any change from the previous	1557
year made by the school district or school buildings within the	1558
district on any performance indicator.	1559

(3) When reporting data on student performance, the	1560
department shall disaggregate that data according to the following	1561
categories:	1562

(a) Performance of students by age group;

1563

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

1564

(c) Performance of students by gender;

1565

(d) Performance of students grouped by those who have been	1566
enrolled in a district or school for three or more years;	1567

(e) Performance of students grouped by those who have been	1568
enrolled in a district or school for more than one year and less	1569
than three years;	1570

(f) Performance of students grouped by those who have been	1571
enrolled in a district or school for one year or less;	1572

(g) Performance of students grouped by those who are	1573
classified as vocational education students pursuant to guidelines	1574
adopted by the department for purposes of this division;	1575

(h) Performance of students grouped by those who are	1576
economically disadvantaged, to the extent that such data is	1577
available from the education management information system	1578
established under section 3301.0714 of the Revised Code;	1579

(i)(h) Performance of students grouped by those who are	1580
enrolled in a conversion community school established under	1581
Chapter 3314. of the Revised Code;	1582

(i) Performance of students grouped by those who are	1583
classified as limited English proficient;	1584

(j) Performance of students grouped by those who have	1585
disabilities;	1586

(k) Performance of students grouped by those who are	1587
classified as migrants;	1588

(l) Performance of students grouped by those who are	1589
identified as gifted pursuant to Chapter 3324. of the Revised	1590
Code.	1591

The department may disaggregate data on student performance	1592
according to other categories that the department determines are	1593
appropriate. To the extent possible, the department shall	1594
disaggregate data on student performance according to any	1595
combinations of two or more of the categories listed in divisions	1596
(C)(3)(a) to (l) of this section that it deems relevant.	1597

In reporting data pursuant to division (D)(C)(3) of this	1598
section, the department shall not include in the report cards any	1599
data statistical in nature that is statistically unreliable or	1600
that could result in the identification of individual students.	1601
For this purpose, the department shall not report student	1602
performance data for any group identified in division (C)(3) of	1603
this section that contains less than ten students.	1604

(4) The department may include with the report cards any	1605
additional education and fiscal performance data it deems	1606
valuable.	1607

(5) The department shall include on each report card a list	1608
of additional information collected by the department that is	1609
available regarding the district or building for which the report	1610
card is issued. When available, such additional information shall	1611
include student mobility data disaggregated by race and	1612
socioeconomic status, college enrollment data, and the reports	1613
prepared under section 3302.031 of the Revised Code.	1614

The department shall maintain a site on the world wide web.	1615
The report card shall include the address of the site and shall	1616
specify that such additional information is available to the	1617
public at that site. The department shall also provide a copy of	1618
each item on the list to the superintendent of each school	1619
district. The district superintendent shall provide a copy of any	1620
item on the list to anyone who requests it.	1621

(6) For any district that sponsors a conversion community	1622
school under Chapter 3314. of the Revised Code, the department	1623
shall combine data regarding the academic performance of students	1624
enrolled in the community school with comparable data from the	1625
schools of the district for the purpose of calculating the	1626
performance of the district as a whole on the report card issued	1627
for the district.	1628

(E)(7) The department shall include on each report card the	1629
percentage of teachers in the district or building who are highly	1630
qualified, as defined by the "No Child Left Behind Act of 2001,"	1631
115 Stat. 1425, 20 U.S.C. 7801, and a comparison of that	1632
percentage with the percentages of such teachers in similar	1633
districts and buildings.	1634

(D)(1) In calculating reading, writing, mathematics, social	1635
studies, or science proficiency or achievement test passage rates	1636
used to determine school district or building performance under	1637
this section, the department shall include all students taking a	1638
test with accommodation or to whom an alternate assessment is	1639
administered pursuant to division (C)(1) or (3) of section	1640
3301.0711 of the Revised Code, but shall not include any student	1641
excused from taking a test pursuant to division (C)(3) of that	1642
section, whether or not the student chose to take the test	1643
voluntarily in spite of the exemption granted in that division.	1644

(2) In calculating performance index scores, rates of	1645
achievement on the performance indicators established by the state	1646
board under section 3302.02 of the Revised Code, and adequate	1647
yearly progress for school districts and buildings under this	1648
section, the department shall do both of the following:	1649

(a) Include for each district or building only those students	1650
who are included in the ADM certified for the first full school	1651
week of October and are continuously enrolled in the district or	1652
building through the time of the spring administration of any test	1653
prescribed by section 3301.0710 of the Revised Code that is	1654
administered to the student's grade level;	1655

(b) Include cumulative totals from both the fall and spring	1656
administrations of the third grade reading achievement test.	1657

Sec. 3302.031. In addition to the report cards required under	1658
section 3302.03 of the Revised Code, the department of education	1659
shall annually prepare the following reports for each school	1660
district and make a copy of each report available to the	1661
superintendent of each district:	1662

(A) A funding and expenditure accountability report which	1663
shall consist of the amount of state aid payments the school	1664
district will receive during the fiscal year under Chapter 3317.	1665
of the Revised Code and any other fiscal data the department	1666
determines is necessary to inform the public about the financial	1667
status of the district;	1668

(B) A school safety and discipline report which shall consist	1669
of statistical information regarding student safety and discipline	1670
in each school building, including the number of suspensions and	1671
expulsions disaggregated according to race and gender;	1672

(C) A student equity report which shall consist of at least a	1673
description of the status of teacher qualifications, library and	1674
media resources, textbooks, classroom materials and supplies, and	1675
technology resources for each district. To the extent possible,	1676
the information included in the report required under this	1677
division shall be disaggregated according to grade level, race,	1678
gender, disability, and scores attained on tests required under	1679
section 3301.0710 of the Revised Code.	1680

(D) A school enrollment report which shall consist of	1681
information about the composition of classes within each district	1682
by grade and subject disaggregated according to race, gender, and	1683
scores attained on tests required under section 3301.0710 of the	1684
Revised Code;	1685

(E) A student retention report which shall consist of the	1686
number of students retained in their respective grade levels in	1687
the district disaggregated by grade level, subject area, race,	1688
gender, and disability;	1689

(F) A school district performance report which shall describe	1690
for the district and each building within the district the extent	1691
to which the district or building meets each of the applicable	1692
performance indicators established under section 3302.02 of the	1693
Revised Code, the number of performance indicators that have been	1694
achieved, and the performance index score. In calculating the	1695
rates of achievement on the performance indicators and the	1696
performance index scores for each report, the department shall	1697
exclude all students with disabilities.	1698

Sec. 3302.04.  (A) The state board of education shall adopt a	1699
rule establishing both of the following:	1700

(1) A standard unit of improvement that any building within a	1701
district or school district would be required to achieve on a	1702
specific performance indicator that it failed to meet in order to	1703
be deemed to have made satisfactory improvement toward meeting	1704
that indicator.	1705

(2) The percentage of those performance indicators that a	1706
building within a district or a district did not meet, on which a	1707
building or district would be required to achieve the standard	1708
unit of improvement in order to be deemed to be making overall	1709
progress toward becoming an excellent building or district.	1710

The rule shall apply to determinations of school district	1711
improvement under division (B) of this sectionThe department of	1712
education shall establish a system of intensive, ongoing support	1713
for the improvement of school districts and school buildings. The	1714
system shall give priority to districts and buildings that have	1715
been declared to be under an academic watch or in a state of	1716
academic emergency under section 3302.03 of the Revised Code and	1717
shall include services provided to districts and buildings through	1718
regional service providers, such as educational service centers,	1719
regional professional development centers, and special education	1720
regional resource centers.	1721

(B) When a school district has been notified by the	1722
department pursuant to division (A) of section 3302.03 of the	1723
Revised Code that the district or a building within the district	1724
needs continuous improvement, is under an academic watch, or is in	1725
a state of academic emergencyhas failed to make adequate yearly	1726
progress for two consecutive school years, the district shall	1727
develop a three-year continuous improvement plan for the district	1728
or building containing an analysis of the reasons for the	1729
district's failure as a whole, or the failure of any buildings, to	1730
meet any of the indicators not met and specifying the strategies	1731
the district will use and the resources it will allocate to	1732
address the problem. Copies of the plan shall be made available to	1733
the publiceach of the following:	1734

(1) An analysis of the reasons for the failure of the	1735
district or building to meet any of the applicable performance	1736
indicators established under section 3302.02 of the Revised Code	1737
that it did not meet and an analysis of the reasons for its	1738
failure to make adequate yearly progress;	1739

(2) Specific strategies that the district or building will	1740
use to address the problems in academic achievement identified in	1741
division (B)(1) of this section;	1742

(3) Identification of the resources that the district will	1743
allocate toward improving the academic achievement of the district	1744
or building;	1745

(4) A description of any progress that the district or	1746
building made in the preceding year toward improving its academic	1747
achievement.	1748

No three-year continuous improvement plan shall be developed	1749
or adopted pursuant to this division unless at least one public	1750
hearing is held within the affected school district or building	1751
concerning the final draft of the plan. Notice of the hearing	1752
shall be given two weeks prior to the hearing by publication in	1753
one newspaper of general circulation within the territory of the	1754
affected school district or building. Copies of the plan shall be	1755
made available to the public.	1756

(C) When a school district or building has been notified by	1757
the department pursuant to division (A) of section 3302.03 of the	1758
Revised Code that the district or a building within the district	1759
is under an academic watch or in a state of academic emergency,	1760
the district or building shall be subject to any rules	1761
establishing intervention in academic watch or emergency school	1762
districts that have been recommended to the general assembly by	1763
the department of education and approved by joint resolution of	1764
the general assemblyor buildings.	1765

(D)(1) Within one hundred twenty days after any school	1766
district or building within the district is declared to be in a	1767
state of academic emergency under section 3302.03 of the Revised	1768
Code, the department shallmay initiate a site evaluation of the	1769
building or school district.	1770

(2) If any school district that is declared to be in a state	1771
of academic emergency or in a state of academic watch under	1772
section 3302.03 of the Revised Code or encompasses a building that	1773
is declared to be in a state of academic emergency or in a state	1774
of academic watch fails to demonstrate to the department	1775
satisfactory improvement of the district or applicable buildings	1776
or fails to submit to the department any information required	1777
under rules established by the state board of education, prior to	1778
approving a three-year continuous improvement plan under rules	1779
established by the state board of education, the department shall	1780
conduct a site evaluation of the school district or applicable	1781
buildings to determine whether the school district is in	1782
compliance with minimum standards established by law or rule.	1783

(3) Site evaluations conducted under divisions (D)(1) and (2)	1784
of this section shall include, but not be limited to, the	1785
following:	1786

(a) Determining whether teachers are assigned to subject	1787
areas for which they are licensed or certified;	1788

(b) Determining pupil-teacher ratios;

1789

(c) Examination of compliance with minimum instruction time	1790
requirements for each school day and for each school year;	1791

(d) Determining whether materials and equipment necessary to	1792
implement the curriculum approved by the school district board are	1793
available.	1794

(E)(1) If, after three years under a continuous improvement	1795
plan developed pursuant to division (B) of this section, any	1796
school district that is declared to be in a state of academic	1797
emergency under section 3302.03 of the Revised Code has any	1798
building within the district that is declared to be in a state of	1799
academic emergency under that section and that fails to improve on	1800
the performance indicators that the building did not meet under	1801
that section to make progress toward becoming an excellent	1802
building, the district shall implement at least one of the	1803
following options with respect to that building:	1804

(a) Replace the building principal;

1805

(b) Examine the factors impeding student success and redesign	1806
the building to address those factors, including transferring or	1807
reassigning personnel;	1808

(C) Institute a new schoolwide curriculum or educational	1809
model that is consistent with the statewide academic standards	1810
adopted pursuant to division (A) of section 3301.079 of the	1811
Revised Code and alter the structure of the school day or year;	1812

(d) Contract with departments of education at public and	1813
private colleges in Ohio, educational service centers, or the	1814
state department of education to operate the builiding, including	1815
the provision of personnel, supplies, and equipment;	1816

(e) Grant priority over all other applicants to students from	1817
the building who apply to attend another building within the	1818
district under the intradistrict open enrollment policy adopted by	1819
the district pursuant to section 3313.97 of the Revised Code;	1820

(f) Close the building and reassign its students to other	1821
buildings within the district;	1822

(g) Develop and implement a comprehensive alternative plan,	1823
subject to approval by the department of education, to improve the	1824
overall performance of the building.	1825

Any action taken under division (E)(1)(f) of this section may	1826
include the establishment ofThis division applies only to school	1827
districts that operate a school building that fails to make	1828
adequate yearly progress for two or more consecutive school years.	1829

(1) For any school building that fails to make adequate	1830
yearly progress for two consecutive school years, the district	1831
shall do all of the following:	1832

(a) Provide written notification of the academic issues that	1833
resulted in the buildings failure to make adequate yearly progress	1834
to the parent or guardian of each student enrolled in the	1835
building. The notification shall also describe the actions being	1836
taken by the district or building to improve the academic	1837
performance of the building and any progress achieved toward that	1838
goal in the immediately preceding school year.	1839

(b) If the building receives funds under Title 1, Part A of	1840
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1841
6311 to 6339, from the district, in accordance with section	1842
3313.97 of the Revised Code, offer all students enrolled in the	1843
building the opportunity to enroll in an alternative building	1844
within the district that is not in school improvement status as	1845
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1846
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1847
the district shall spend twenty per cent of the funds it receives	1848
under Title I, Part A of the "Elementary and Secondary Education	1849
Act of 1965," 20 U.S.C. 6311 to 6339, to provide transportation	1850
for students who enroll in alternative buildings under this	1851
division, unless the district can satisfy all demand for	1852
transportation with a lesser amount. If twenty per cent of the	1853
funds the district receives under Title I, Part A of the	1854
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	1855
to 6339, is insufficient to satisfy all demand for transportation,	1856
the district shall grant priority over all other students to the	1857
lowest achieving students among the subgroup described in division	1858
(F)(3) of section 3302.01 of the Revised Code in providing	1859
transportation. Any district that does not receive funds under	1860
Title I, Part A of the "Elementary and Secondary Education Act of	1861
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	1862
transportation to any student who enrolls in an alternative	1863
building under this division.	1864

(2) For any school building that fails to make adequate	1865
yearly progress for three consecutive school years, the district	1866
shall do both of the following:	1867

(a) If the building receives funds under Title 1, Part A of	1868
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1869
6311 to 6339, from the district, in accordance with section	1870
3313.97 of the Revised Code, provide all students enrolled in the	1871
building the opportunity to enroll in an alternative building	1872
within the district that is not in school improvement status as	1873
defined by the "No Child Left Behind Act of 2001," 115 Stat. 1425,	1874
20 U.S.C. 6316. Notwithstanding Chapter 3327. of the Revised Code,	1875
the district shall provide transportation for students who enroll	1876
in alternative buildings under this division to the extent	1877
required under division (E)(2) of this section.	1878

(b) If the building receives funds under Title 1, Part A of	1879
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	1880
6311 to 6339, from the district, offer supplemental educational	1881
services to students who are enrolled in the building and who are	1882
in the subgroup described in division (F)(3) of section 3302.01 of	1883
the Revised Code.	1884

The district shall spend a combined total of twenty per cent	1885
of the funds it receives under Title I, Part A of the "Elementary	1886
and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, to	1887
provide transportation for students who enroll in alternative	1888
buildings under division (E)(2)(a) of this section and to pay the	1889
costs of the supplemental educational services provided to	1890
students under division (E)(2)(b) of this section, unless the	1891
district can satisfy all demand for transportation and pay the	1892
costs of supplemental educational services for those students who	1893
request them with a lesser amount. In allocating the funds the	1894
district receives under Title I, Part A of the "Elementary and	1895
Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339, between	1896
the requirements of divisions (E)(2)(a) and (b) of this section,	1897
the district shall spend at least five per cent of such funds to	1898
provide transportation for students who enroll in alternative	1899
buildings under division (E)(2)(a) of this section, unless the	1900
district can satisfy all demand for transportation with a lesser	1901
amount, and at least five per cent of such funds to pay the costs	1902
of the supplemental educational services provided to students	1903
under division (E)(2)(b) of this section, unless the district can	1904
pay the costs of such services for all students requesting them	1905
with a lesser amount. If twenty per cent of the funds the district	1906
receives under Title I, Part A of the "Elementary and Secondary	1907
Education Act of 1965," 20 U.S.C. 6311 to 6339, is insufficient to	1908
satisfy all demand for transportation under division (E)(2)(a) of	1909
this section and to pay the costs of all of the supplemental	1910
educational services provided to students under division (E)(2)(b)	1911
of this section, the district shall grant priority over all other	1912
students in providing transportation and in paying the costs of	1913
supplemental educational services to the lowest achieving students	1914
among the subgroup described in division (F)(3) of section 3302.01	1915
of the Revised Code.	1916

Any district that does not receive funds under Title I, Part	1917
A of the "Elementary and Secondary Education Act of 1965," 20	1918
U.S.C. 6311 to 6339, shall not be required to provide	1919
transportation to any student who enrolls in an alternative	1920
building under division (E)(2)(a) of this section or to pay the	1921
costs of supplemental educational services provided to any student	1922
under division (E)(2)(b) of this section.	1923

No student who enrolls in an alternative building under	1924
division (E)(2)(a) of this section shall be eligible for	1925
supplemental educational services under division (E)(2)(b) of this	1926
section.	1927

(3) For any school building that fails to make adequate	1928
yearly progress for four consecutive school years, the district	1929
shall continue to comply with division (E)(2) of this section and	1930
shall implement at least one of the following options with respect	1931
to the building:	1932

(a) Institute a new curriculum that is consistent with the	1933
statewide academic standards adopted pursuant to division (A) of	1934
section 3301.079 of the Revised Code;	1935

(b) Decrease the degree of authority the building has to	1936
manage its internal operations;	1937

(c) Appoint an outside expert to make recommendations for	1938
improving the academic performance of the building. The district	1939
may request the department to establish a state intervention team	1940
for this purpose pursuant to division (G) of this section.	1941

(d) Extend the length of the school day or year;

1942

(e) Replace the building principal or other key personnel;

1943

(f) Reorganize the administrative structure of the building.

1944

(4) For any school building that fails to make adequate	1945
yearly progress for five consecutive school years, the district	1946
shall continue to comply with division (E)(2) of this section and	1947
shall develop a plan during the next succeeding school year to	1948
improve the academic performance of the building, which shall	1949
include at least one of the following options:	1950

(a) Reopen the school as a community school under Chapter	1951
3314. of the Revised Code;	1952

(b) Replace personnel;

1953

(c) Contract with a nonprofit or for-profit entity to operate	1954
the building;	1955

(d) Turn operation of the building over to the department;

1956

(e) Other significant restructuring of the building's	1957
governance.	1958

(5) For any school building that fails to make adequate	1959
yearly progress for six consecutive school years, the district	1960
shall continue to comply with division (E)(2) of this section and	1961
shall implement the plan developed pursuant to division (E)(4) of	1962
this section.	1963

(6) A district shall continue to comply with division	1964
(E)(1)(b) or (E)(2) of this section, whichever was most recently	1965
applicable, with respect to any building formerly subject to one	1966
of those divisions until the building makes adequate yearly	1967
progress for two consecutive school years.	1968

(F) This division applies only to school districts that fail	1969
to make adequate yearly progress for two or more consecutive	1970
school years.	1971

(1) If a school district fails to make adequate yearly	1972
progress for two consecutive school years, the district shall	1973
provide a written description of the continuous improvement plan	1974
developed by the district pursuant to division (B) of this section	1975
to the parent or guardian of each student enrolled in the	1976
district.	1977

(2) If a school district fails to make adequate yearly	1978
progress for three consecutive school years, the district shall	1979
continue to implement the continuous improvement plan developed by	1980
the district pursuant to division (B) of this section.	1981

(3) If a school district fails to make adequate yearly	1982
progress for four consecutive school years, the department shall	1983
take at least one of the following corrective actions with respect	1984
to the district:	1985

(a) Withhold a portion of the funds the district is entitled	1986
to receive under Title I, Part A of the "Elementary and Secondary	1987
Education Act of 1965," 20 U.S.C. 6311 to 6339;	1988

(b) Direct the district to replace key district personnel;

1989

(c) Institute a new curriculum that is consistent with the	1990
statewide academic standards adopted pursuant to division (A) of	1991
section 3301.079 of the Revised Code;	1992

(d) Establish alternative forms of governance for individual	1993
school buildings within the district;	1994

(e) Appoint a trustee to manage the district in place of the	1995
district superintendent and board of education.	1996

The department shall conduct individual audits of a sampling	1997
of districts subject to this division to determine compliance with	1998
the corrective actions taken by the department.	1999

(4) If a school district fails to make adequate yearly	2000
progress for five consecutive school years, the department shall	2001
continue to monitor implementation of the corrective action taken	2002
under division (F)(3) of this section with respect to the	2003
district.	2004

(5) If a school district fails to make adequate yearly	2005
progress for six consecutive school years, the department shall	2006
take at least one of the corrective actions identified in division	2007
(F)(3) of this section with respect to the district, provided that	2008
the corrective action the department takes is different from the	2009
corrective action previously taken under division (F)(3) of this	2010
section with respect to the district.	2011

(G) The department may establish a state intervention team to	2012
evaluate all aspects of thea school district or building,	2013
including management, curriculum, instructional methods, resource	2014
allocation, and scheduling. Any such intervention team shall be	2015
appointed by the department and shall include teachers and	2016
administrators recognized as outstanding in their fields. The	2017
intervention team shall make recommendations to the district	2018
regarding methods for improving the performance of the district or	2019
building. The	2020

The department shall not approve a district's request for an	2021
intervention team under division (E)(3) of this section if the	2022
department cannot adequately fund the work of the team, unless the	2023
district agrees to pay for the expenses of the team.	2024

(2) If any building subject to this division fails to improve	2025
on the performance indicators that the building did not meet under	2026
section 3302.03 of the Revised Code to make progress toward	2027
becoming an excellent building within two years following any	2028
action taken by the district under this division, the district	2029
shall select another option described by this division and	2030
implement such option with respect to the building.	2031

(H) The department shall conduct individual audits of a	2032
sampling of community schools established under Chapter 3314. of	2033
the Revised Code to determine compliance with this section.	2034

(I) The state board shall adopt rules for implementing this	2035
section.	2036

Sec. 3302.05.  The departmentstate board of education shall	2037
recommendadopt rules to the general assembly freeing school	2038
districts declared to be excellent under division (B)(1) or	2039
effective under division (B)(2) of section 3302.03 of the Revised	2040
Code from specified state mandates. Any mandates included in the	2041
recommended rules shall be only those statutes or rules pertaining	2042
to state education requirements. The rules shall take effect upon	2043
their approval through passage of a joint resolution by the	2044
general assembly.	2045

Sec. 3313.532.  (A) Any person twenty-two or more years of	2046
age and enrolled in an adult high school continuation program	2047
established pursuant to section 3313.531 of the Revised Code may	2048
request the board of education operating the program to conduct an	2049
evaluation in accordance with division (C) of this section.	2050

(B) Any applicant to a board of education for a diploma of	2051
adult education under division (B) of section 3313.611 of the	2052
Revised Code may request the board to conduct an evaluation in	2053
accordance with division (C) of this section.	2054

(C) Upon the request of any person pursuant to division (A)	2055
or (B) of this section, the board of education to which the	2056
request is made shall evaluate the person to determine whether the	2057
person is handicapped, in accordance with rules adopted by the	2058
state board of education. If the evaluation indicates that the	2059
person is handicapped, the board shall determine whether to excuse	2060
the person from taking any of the tests required by division (B)	2061
of section 3301.0710 of the Revised Code as a requirement for	2062
receiving a diploma under section 3313.611 of the Revised Code.	2063
The determination of whether to excuse the person from any such	2064
test shall be made in the same manner as it would be for students	2065
enrolled in the district who are receiving special education under	2066
Chapter 3323 of the Revised CodeThe board may require the person	2067
to take an alternate assessment in place of any test from which	2068
the person is so excused.	2069

Sec. 3313.6010. By July 1, 1998, the departmentThe state	2070
board of education shall recommendadopt rules to the general	2071
assembly permitting school districts to contract with public and	2072
private providers of academic remediation and intervention in	2073
mathematics, science, reading, writing, and social studies for the	2074
purpose of assisting pupils in grades one through six outside of	2075
regular school hours.	2076

The rules recommended under this section shall take effect	2077
upon approval of the general assembly through passage of a joint	2078
resolution.	2079

Sec. 3313.6012. (A) The board of education of each city,	2080
exempted village, and local school district shall adopt a policy	2081
governing the conduct of academic prevention/intervention services	2082
for all grades and all schools throughout the district. The board	2083
shall update the policy annually. The policy shall include, but	2084
not be limited to, all of the following:	2085

(1) Procedures for using diagnostic assessments to measure	2086
student progress toward the attainment of academic standards and	2087
to identify students who may not attain the academic standards in	2088
accordance with section 3301.0715 of the Revised Code;	2089

(2) A plan for the design of classroom-based intervention	2090
services to meet the instructional needs of individual students as	2091
determined by the results of diagnostic assessments;	2092

(3) Procedures for the regular collection of student	2093
performance data;	2094

(4) Procedures for using student performance data to evaluate	2095
the effectiveness of intervention services and, if necessary, to	2096
modify such services.	2097

The policy shall include any prevention/intervention services	2098
required under sections 3301.0711, 3301.0715, and 3313.608 of the	2099
Revised Code.	2100

(B) In accordance with the policy adopted under division (A)	2101
of this section, each school district shall provide	2102
prevention/intervention services in pertinent subject areas to	2103
students who score below the proficient level on a reading,	2104
writing, mathematics, social studies, or science proficiency or	2105
achievement test administered in the fourth, sixth, or ninth grade	2106
or below the basic level on any achievement test or who do not	2107
demonstrate academic performance at their grade level based on the	2108
results of a diagnostic assessment.	2109

Sec. 3313.61.  (A) A diploma shall be granted by the board of	2110
education of any city, exempted village, or local school district	2111
that operates a high school to any person to whom all of the	2112
following apply:	2113

(1) The person has successfully completed the curriculum in	2114
any high school or the individualized education program developed	2115
for the person by any high school pursuant to section 3323.08 of	2116
the Revised Code;	2117

(2) Subject to section 3313.614 of the Revised Code, the	2118
person either:	2119

(a) Has attained at least the applicable scores designated	2120
under division (B) of section 3301.0710 of the Revised Code on all	2121
the tests required by that division unless the person was excused	2122
from taking any such test pursuant to section 3313.532 of the	2123
Revised Code or unless division (H) or (L) of this section applies	2124
to the person;	2125

(b) Has satisfied the alternative conditions prescribed in	2126
section 3313.615 of the Revised Code.	2127

(3) The person is not eligible to receive an honors diploma	2128
granted pursuant to division (B) of this section.	2129

Except as provided in divisions (C), (E), (J), and (L) of	2130
this section, no diploma shall be granted under this division to	2131
anyone except as provided under this division.	2132

(B) In lieu of a diploma granted under division (A) of this	2133
section, an honors diploma shall be granted, in accordance with	2134
rules of the state board of education, by any such district board	2135
to anyone who successfully completes the curriculum in any high	2136
school or the individualized education program developed for the	2137
person by any high school pursuant to section 3323.08 of the	2138
Revised Code, who has attained subject to section 3313.614 of the	2139
Revised Code at least the applicable scores designated under	2140
division (B) of section 3301.0710 of the Revised Code on all the	2141
tests required by that division, or has satisfied the alternative	2142
conditions prescribed in section 3313.615 of the Revised Code, and	2143
who has met additional criteria established by the state board for	2144
the granting of such a diploma. Except as provided in divisions	2145
(C), (E), and (J) of this section, no honors diploma shall be	2146
granted to anyone failing to comply with this division and no more	2147
than one honors diploma shall be granted to any student under this	2148
division.	2149

The state board shall adopt rules prescribing the granting of	2150
honors diplomas under this division. These rules may prescribe the	2151
granting of honors diplomas that recognize a student's achievement	2152
as a whole or that recognize a student's achievement in one or	2153
more specific subjects or both. In any case, the rules shall	2154
designate two or more criteria for the granting of each type of	2155
honors diploma the board establishes under this division and the	2156
number of such criteria that must be met for the granting of that	2157
type of diploma. The number of such criteria for any type of	2158
honors diploma shall be at least one less than the total number of	2159
criteria designated for that type and no one or more particular	2160
criteria shall be required of all persons who are to be granted	2161
that type of diploma.	2162

(C) Any such district board administering any of the tests	2163
required by section 3301.0710 or 3301.0712 of the Revised Code to	2164
any person requesting to take such test pursuant to division	2165
(B)(6)(8)(b) of section 3301.0711 of the Revised Code shall award	2166
a diploma to such person if the person attains at least the	2167
applicable scores designated under division (B) of section	2168
3301.0710 of the Revised Code on all the tests administered and if	2169
the person has previously attained the applicable scores on all	2170
the other tests required by division (B) of that section or has	2171
been exempted or excused from attaining the applicable score on	2172
any such test pursuant to division (H) or (L) of this section or	2173
from taking any such test pursuant to section 3313.532 of the	2174
Revised Code.	2175

(D) Each diploma awarded under this section shall be signed	2176
by the president and treasurer of the issuing board, the	2177
superintendent of schools, and the principal of the high school.	2178
Each diploma shall bear the date of its issue, be in such form as	2179
the district board prescribes, and be paid for out of the	2180
district's general fund.	2181

(E) A person who is a resident of Ohio and is eligible under	2182
state board of education minimum standards to receive a high	2183
school diploma based in whole or in part on credits earned while	2184
an inmate of a correctional institution operated by the state or	2185
any political subdivision thereof, shall be granted such diploma	2186
by the correctional institution operating the programs in which	2187
such credits were earned, and by the board of education of the	2188
school district in which the inmate resided immediately prior to	2189
the inmate's placement in the institution. The diploma granted by	2190
the correctional institution shall be signed by the director of	2191
the institution, and by the person serving as principal of the	2192
institution's high school and shall bear the date of issue.	2193

(F) Persons who are not residents of Ohio but who are inmates	2194
of correctional institutions operated by the state or any	2195
political subdivision thereof, and who are eligible under state	2196
board of education minimum standards to receive a high school	2197
diploma based in whole or in part on credits earned while an	2198
inmate of the correctional institution, shall be granted a diploma	2199
by the correctional institution offering the program in which the	2200
credits were earned. The diploma granted by the correctional	2201
institution shall be signed by the director of the institution and	2202
by the person serving as principal of the institution's high	2203
school and shall bear the date of issue.	2204

(G) The state board of education shall provide by rule for	2205
the administration of the tests required by section 3301.0710 of	2206
the Revised Code to inmates of correctional institutions.	2207

(H) Any person to whom all of the following apply shall be	2208
exempted from attaining the applicable score on the test in social	2209
studies designated under division (B) of section 3301.0710 of the	2210
Revised Code or the test in citizenship designated under former	2211
division (B) of section 3301.0710 of the Revised Code as it	2212
existed prior to the effective date of this amendmentSeptember	2213
11, 2001:	2214

(1) The person is not a citizen of the United States;

2215

(2) The person is not a permanent resident of the United	2216
States;	2217

(3) The person indicates no intention to reside in the United	2218
States after the completion of high school.	2219

(I) Notwithstanding division (D) of section 3311.19 and	2220
division (D) of section 3311.52 of the Revised Code, this section	2221
and section 3311.611 of the Revised Code do not apply to the board	2222
of education of any joint vocational school district or any	2223
cooperative education school district established pursuant to	2224
divisions (A) to (C) of section 3311.52 of the Revised Code.	2225

(J) Upon receipt of a notice under division (D) of section	2226
3325.08 of the Revised Code that a student has received a diploma	2227
under that section, the board of education receiving the notice	2228
may grant a high school diploma under this section to the student,	2229
except that such board shall grant the student a diploma if the	2230
student meets the graduation requirements that the student would	2231
otherwise have had to meet to receive a diploma from the district.	2232
The diploma granted under this section shall be of the same type	2233
the notice indicates the student received under section 3325.08 of	2234
the Revised Code.	2235

(K) As used in this division, "English-limitedlimited	2236
English proficient student" has the same meaning as in division	2237
(C)(3) of section 3301.0711 of the Revised Code.	2238

Notwithstanding the exemption for English-limited students	2239
provided in division (C)(3) of section 3301.0711 of the Revised	2240
Code, no English-limitedNo limited English proficient student who	2241
has not attained the applicable scores designated under division	2242
(B) of section 3301.0710 of the Revised Code on all the tests	2243
required by that division shall be awarded a diploma under this	2244
section.	2245

(L) Any student described by division (A)(1) of this section	2246
may be awarded a diploma without attaining the applicable scores	2247
designated on the tests prescribed under division (B) of section	2248
3301.0710 of the Revised Code provided an individualized education	2249
program specifically exempts the student from attaining such	2250
scores. This division does not negate the requirement for such a	2251
student to take all such tests or alternate assessments required	2252
by division (C)(1) of section 3301.0711 of the Revised Code for	2253
the purpose of assessing student progress as required by federal	2254
law.	2255

Sec. 3313.611.  (A) The state board of education shall adopt,	2256
by rule, standards for awarding high school credit equivalent to	2257
credit for completion of high school academic and vocational	2258
education courses to applicants for diplomas under this section.	2259
The standards may permit high school credit to be granted to an	2260
applicant for any of the following:	2261

(1) Work experiences or experiences as a volunteer;

2262

(2) Completion of academic, vocational, or self-improvement	2263
courses offered to persons over the age of twenty-one by a	2264
chartered public or nonpublic school;	2265

(3) Completion of academic, vocational, or self-improvement	2266
courses offered by an organization, individual, or educational	2267
institution other than a chartered public or nonpublic school;	2268

(4) Other life experiences considered by the board to provide	2269
knowledge and learning experiences comparable to that gained in a	2270
classroom setting.	2271

(B) The board of education of any city, exempted village, or	2272
local school district that operates a high school shall grant a	2273
diploma of adult education to any applicant if all of the	2274
following apply:	2275

(1) The applicant is a resident of the district;

2276

(2) The applicant is over the age of twenty-one and has not	2277
been issued a diploma as provided in section 3313.61 of the	2278
Revised Code;	2279

(3) Subject to section 3313.614 of the Revised Code, the	2280
applicant either:	2281

(a) Has attained the applicable scores designated under	2282
division (B) of section 3301.0710 of the Revised Code on all of	2283
the tests required by that division or was excused or exempted	2284
from any such test pursuant to section 3313.532 or was exempted	2285
from attaining the applicable score on any such test pursuant to	2286
division (H) or (L) of section 3313.61 of the Revised Code;	2287

(b) Has satisfied the alternative conditions prescribed in	2288
section 3313.615 of the Revised Code.	2289

(4) The district board determines, in accordance with the	2290
standards adopted under division (A) of this section, that the	2291
applicant has attained sufficient high school credits, including	2292
equivalent credits awarded under such standards, to qualify as	2293
having successfully completed the curriculum required by the	2294
district for graduation.	2295

(C) If a district board determines that an applicant is not	2296
eligible for a diploma under division (B) of this section, it	2297
shall inform the applicant of the reason the applicant is	2298
ineligible and shall provide a list of any courses required for	2299
the diploma for which the applicant has not received credit. An	2300
applicant may reapply for a diploma under this section at any	2301
time.	2302

(D) If a district board awards an adult education diploma	2303
under this section, the president and treasurer of the board and	2304
the superintendent of schools shall sign it. Each diploma shall	2305
bear the date of its issuance, be in such form as the district	2306
board prescribes, and be paid for from the district's general	2307
fund, except that the state board may by rule prescribe standard	2308
language to be included on each diploma.	2309

(E) As used in this division, "English-limitedlimited	2310
English proficient student" has the same meaning as in division	2311
(C)(3) of section 3301.0711 of the Revised Code.	2312

Notwithstanding the exemption for English-limited students	2313
provided in division (C)(3) of section 3301.0711 of the Revised	2314
Code, no English-limitedNo limited English proficient student who	2315
has not attained the applicable scores designated under division	2316
(B) of section 3301.0710 of the Revised Code on all the tests	2317
required by that division shall be awarded a diploma under this	2318
section.	2319

Sec. 3313.612.  (A) No nonpublic school chartered by the	2320
state board of education shall grant any high school diploma to	2321
any person unless the person has attained, subject to section	2322
3313.614 of the Revised Code at least the applicable scores	2323
designated under division (B) of section 3301.0710 of the Revised	2324
Code on all the tests required by that division, or has satisfied	2325
the alternative conditions prescribed in section 3313.615 of the	2326
Revised Code.	2327

(B) This section does not apply to either of the following:

2328

(1) Any person with regard to any test from which the person	2329
was excused pursuant to division (C)(1)(c) of section 3301.0711 of	2330
the Revised Code;	2331

(2) Any person with regard to the social studies test or the	2332
citizenship test under former division (B) of section 3301.0710 of	2333
the Revised Code as it existed prior to the effective date of this	2334
amendmentSeptember 11, 2001, if all of the following apply:	2335

(a) The person is not a citizen of the United States;

2336

(b) The person is not a permanent resident of the United	2337
States;	2338

(c) The person indicates no intention to reside in the United	2339
States after completion of high school.	2340

(C) As used in this division, "English-limitedlimited	2341
English proficient student" has the same meaning as in division	2342
(C)(3) of section 3301.0711 of the Revised Code.	2343

Notwithstanding the exemption for English-limited students	2344
provided in division (C)(3) of section 3301.0711 of the Revised	2345
Code, no English-limitedNo limited English proficient student who	2346
has not attained the applicable scores designated under division	2347
(B) of section 3301.0710 of the Revised Code on all the tests	2348
required by that division shall be awarded a diploma under this	2349
section.	2350

Sec. 3313.64.  (A) As used in this section and in section	2351
3313.65 of the Revised Code:	2352

(1) "Parent" means either parent, unless the parents are	2353
separated or divorced or their marriage has been dissolved or	2354
annulled, in which case "parent" means the parent who is the	2355
residential parent and legal custodian of the child. When a child	2356
is in the legal custody of a government agency or a person other	2357
than the child's natural or adoptive parent, "parent" means the	2358
parent with residual parental rights, privileges, and	2359
responsibilities. When a child is in the permanent custody of a	2360
government agency or a person other than the child's natural or	2361
adoptive parent, "parent" means the parent who was divested of	2362
parental rights and responsibilities for the care of the child and	2363
the right to have the child live with the parent and be the legal	2364
custodian of the child and all residual parental rights,	2365
privileges, and responsibilities.	2366

(2) "Legal custody," "permanent custody," and "residual	2367
parental rights, privileges, and responsibilities" have the same	2368
meanings as in section 2151.011 of the Revised Code.	2369

(3) "School district" or "district" means a city, local, or	2370
exempted village school district and excludes any school operated	2371
in an institution maintained by the department of youth services.	2372

(4) Except as used in division (C)(2) of this section, "home"	2373
means a home, institution, foster home, group home, or other	2374
residential facility in this state that receives and cares for	2375
children, to which any of the following applies:	2376

(a) The home is licensed, certified, or approved for such	2377
purpose by the state or is maintained by the department of youth	2378
services.	2379

(b) The home is operated by a person who is licensed,	2380
certified, or approved by the state to operate the home for such	2381
purpose.	2382

(c) The home accepted the child through a placement by a	2383
person licensed, certified, or approved to place a child in such a	2384
home by the state.	2385

(d) The home is a children's home created under section	2386
5153.21 or 5153.36 of the Revised Code.	2387

(5) "Agency" means all of the following:

2388

(a) A public children services agency;

2389

(b) An organization that holds a certificate issued by the	2390
Ohio department of job and family services in accordance with the	2391
requirements of section 5103.03 of the Revised Code and assumes	2392
temporary or permanent custody of children through commitment,	2393
agreement, or surrender, and places children in family homes for	2394
the purpose of adoption;	2395

(c) Comparable agencies of other states or countries that	2396
have complied with applicable requirements of section 2151.39, or	2397
sections 5103.20 to 5103.28 of the Revised Code.	2398

(6) A child is placed for adoption if either of the following	2399
occurs:	2400

(a) An agency to which the child has been permanently	2401
committed or surrendered enters into an agreement with a person	2402
pursuant to section 5103.16 of the Revised Code for the care and	2403
adoption of the child.	2404

(b) The child's natural parent places the child pursuant to	2405
section 5103.16 of the Revised Code with a person who will care	2406
for and adopt the child.	2407

(7) "Handicapped preschool child" means a handicapped child,	2408
as defined by division (A) of section 3323.01 of the Revised Code,	2409
who is at least three years of age but is not of compulsory school	2410
age, as defined in section 3321.01 of the Revised Code, and who is	2411
not currently enrolled in kindergarten.	2412

(8) "Child," unless otherwise indicated, includes handicapped	2413
preschool children.	2414

(B) Except as otherwise provided in section 3321.01 of the	2415
Revised Code for admittance to kindergarten and first grade, a	2416
child who is at least five but under twenty-two years of age and	2417
any handicapped preschool child shall be admitted to school as	2418
provided in this division.	2419

(1) A child shall be admitted to the schools of the school	2420
district in which the child's parent resides.	2421

(2) A child who does not reside in the district where the	2422
child's parent resides shall be admitted to the schools of the	2423
district in which the child resides if any of the following	2424
applies:	2425

(a) The child is in the legal or permanent custody of a	2426
government agency or a person other than the child's natural or	2427
adoptive parent.	2428

(b) The child resides in a home.

2429

(c) The child requires special education.

2430

(3) A child who is not entitled under division (B)(2) of this	2431
section to be admitted to the schools of the district where the	2432
child resides and who is residing with a resident of this state	2433
with whom the child has been placed for adoption shall be admitted	2434
to the schools of the district where the child resides unless	2435
either of the following applies:	2436

(a) The placement for adoption has been terminated.

2437

(b) Another school district is required to admit the child	2438
under division (B)(1) of this section.	2439

Division (B) of this section does not prohibit the board of	2440
education of a school district from placing a handicapped child	2441
who resides in the district in a special education program outside	2442
of the district or its schools in compliance with Chapter 3323. of	2443
the Revised Code.	2444

(C) A district shall not charge tuition for children admitted	2445
under division (B)(1) or (3) of this section. If the district	2446
admits a child under division (B)(2) of this section, tuition	2447
shall be paid to the district that admits the child as follows:	2448

(1) If the child receives special education in accordance	2449
with Chapter 3323. of the Revised Code, tuition shall be paid in	2450
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	2451
the Revised Code regardless of who has custody of the child or	2452
whether the child resides in a home.	2453

(2) Except as otherwise provided in division (C)(2)(d) of	2454
this section, if the child is in the permanent or legal custody of	2455
a government agency or person other than the child's parent,	2456
tuition shall be paid by:	2457

(a) The district in which the child's parent resided at the	2458
time the court removed the child from home or at the time the	2459
court vested legal or permanent custody of the child in the person	2460
or government agency, whichever occurred first;	2461

(b) If the parent's residence at the time the court removed	2462
the child from home or placed the child in the legal or permanent	2463
custody of the person or government agency is unknown, tuition	2464
shall be paid by the district in which the child resided at the	2465
time the child was removed from home or placed in legal or	2466
permanent custody, whichever occurred first;	2467

(c) If a school district cannot be established under division	2468
(C)(2)(a) or (b) of this section, tuition shall be paid by the	2469
district determined as required by section 2151.357 of the Revised	2470
Code by the court at the time it vests custody of the child in the	2471
person or government agency;	2472

(d) If at the time the court removed the child from home or	2473
vested legal or permanent custody of the child in the person or	2474
government agency, whichever occurred first, one parent was in a	2475
residential or correctional facility or a juvenile residential	2476
placement and the other parent, if living and not in such a	2477
facility or placement, was not known to reside in this state,	2478
tuition shall be paid by the district determined under division	2479
(D) of section 3313.65 of the Revised Code as the district	2480
required to pay any tuition while the parent was in such facility	2481
or placement.	2482

(3) If the child is not in the permanent or legal custody of	2483
a government agency or person other than the child's parent and	2484
the child resides in a home, tuition shall be paid by one of the	2485
following:	2486

(a) The school district in which the child's parent resides;

2487

(b) If the child's parent is not a resident of this state,	2488
the home in which the child resides.	2489

(D) Tuition required to be paid under divisions (C)(2) and	2490
(3)(a) of this section shall be computed in accordance with	2491
section 3317.08 of the Revised Code. Tuition required to be paid	2492
under division (C)(3)(b) of this section shall be computed in	2493
accordance with section 3317.081 of the Revised Code. If a home	2494
fails to pay the tuition required by division (C)(3)(b) of this	2495
section, the board of education providing the education may	2496
recover in a civil action the tuition and the expenses incurred in	2497
prosecuting the action, including court costs and reasonable	2498
attorney's fees. If the prosecuting attorney or city director of	2499
law represents the board in such action, costs and reasonable	2500
attorney's fees awarded by the court, based upon the prosecuting	2501
attorney's, director's, or one of their designee's time spent	2502
preparing and presenting the case, shall be deposited in the	2503
county or city general fund.	2504

(E) A board of education may enroll a child free of any	2505
tuition obligation for a period not to exceed sixty days, on the	2506
sworn statement of an adult resident of the district that the	2507
resident has initiated legal proceedings for custody of the child.	2508

(F) In the case of any individual entitled to attend school	2509
under this division, no tuition shall be charged by the school	2510
district of attendance and no other school district shall be	2511
required to pay tuition for the individual's attendance.	2512
Notwithstanding division (B), (C), or (E) of this section:	2513

(1) All persons at least eighteen but under twenty-two years	2514
of age who live apart from their parents, support themselves by	2515
their own labor, and have not successfully completed the high	2516
school curriculum or the individualized education program	2517
developed for the person by the high school pursuant to section	2518
3323.08 of the Revised Code, are entitled to attend school in the	2519
district in which they reside.	2520

(2) Any child under eighteen years of age who is married is	2521
entitled to attend school in the child's district of residence.	2522

(3) A child is entitled to attend school in the district in	2523
which either of the child's parents is employed if the child has a	2524
medical condition that may require emergency medical attention.	2525
The parent of a child entitled to attend school under division	2526
(F)(3) of this section shall submit to the board of education of	2527
the district in which the parent is employed a statement from the	2528
child's physician certifying that the child's medical condition	2529
may require emergency medical attention. The statement shall be	2530
supported by such other evidence as the board may require.	2531

(4) Any child residing with a person other than the child's	2532
parent is entitled, for a period not to exceed twelve months, to	2533
attend school in the district in which that person resides if the	2534
child's parent files an affidavit with the superintendent of the	2535
district in which the person with whom the child is living resides	2536
stating all of the following:	2537

(a) That the parent is serving outside of the state in the	2538
armed services of the United States;	2539

(b) That the parent intends to reside in the district upon	2540
returning to this state;	2541

(c) The name and address of the person with whom the child is	2542
living while the parent is outside the state.	2543

(5) Any child under the age of twenty-two years who, after	2544
the death of a parent, resides in a school district other than the	2545
district in which the child attended school at the time of the	2546
parent's death is entitled to continue to attend school in the	2547
district in which the child attended school at the time of the	2548
parent's death for the remainder of the school year, subject to	2549
approval of that district board.	2550

(6) A child under the age of twenty-two years who resides	2551
with a parent who is having a new house built in a school district	2552
outside the district where the parent is residing is entitled to	2553
attend school for a period of time in the district where the new	2554
house is being built. In order to be entitled to such attendance,	2555
the parent shall provide the district superintendent with the	2556
following:	2557

(a) A sworn statement explaining the situation, revealing the	2558
location of the house being built, and stating the parent's	2559
intention to reside there upon its completion;	2560

(b) A statement from the builder confirming that a new house	2561
is being built for the parent and that the house is at the	2562
location indicated in the parent's statement.	2563

(7) A child under the age of twenty-two years residing with a	2564
parent who has a contract to purchase a house in a school district	2565
outside the district where the parent is residing and who is	2566
waiting upon the date of closing of the mortgage loan for the	2567
purchase of such house is entitled to attend school for a period	2568
of time in the district where the house is being purchased. In	2569
order to be entitled to such attendance, the parent shall provide	2570
the district superintendent with the following:	2571

(a) A sworn statement explaining the situation, revealing the	2572
location of the house being purchased, and stating the parent's	2573
intent to reside there;	2574

(b) A statement from a real estate broker or bank officer	2575
confirming that the parent has a contract to purchase the house,	2576
that the parent is waiting upon the date of closing of the	2577
mortgage loan, and that the house is at the location indicated in	2578
the parent's statement.	2579

The district superintendent shall establish a period of time	2580
not to exceed ninety days during which the child entitled to	2581
attend school under division (F)(6) or (7) of this section may	2582
attend without tuition obligation. A student attending a school	2583
under division (F)(6) or (7) of this section shall be eligible to	2584
participate in interscholastic athletics under the auspices of	2585
that school, provided the board of education of the school	2586
district where the student's parent resides, by a formal action,	2587
releases the student to participate in interscholastic athletics	2588
at the school where the student is attending, and provided the	2589
student receives any authorization required by a public agency or	2590
private organization of which the school district is a member	2591
exercising authority over interscholastic sports.	2592

(8) A child whose parent is a full-time employee of a city,	2593
local, or exempted village school district, or of an educational	2594
service center, may be admitted to the schools of the district	2595
where the child's parent is employed, or in the case of a child	2596
whose parent is employed by an educational service center, in the	2597
district that serves the location where the parent's job is	2598
primarily located, provided the district board of education	2599
establishes such an admission policy by resolution adopted by a	2600
majority of its members. Any such policy shall take effect on the	2601
first day of the school year and the effective date of any	2602
amendment or repeal may not be prior to the first day of the	2603
subsequent school year. The policy shall be uniformly applied to	2604
all such children and shall provide for the admission of any such	2605
child upon request of the parent. No child may be admitted under	2606
this policy after the first day of classes of any school year.	2607

(9) A child who is with the child's parent under the care of	2608
a shelter for victims of domestic violence, as defined in section	2609
3113.33 of the Revised Code, is entitled to attend school free in	2610
the district in which the child is with the child's parent, and no	2611
other school district shall be required to pay tuition for the	2612
child's attendance in that school district.	2613

The enrollment of a child in a school district under this	2614
division shall not be denied due to a delay in the school	2615
district's receipt of any records required under section 3313.672	2616
of the Revised Code or any other records required for enrollment.	2617
Any days of attendance and any credits earned by a child while	2618
enrolled in a school district under this division shall be	2619
transferred to and accepted by any school district in which the	2620
child subsequently enrolls. The state board of education shall	2621
adopt rules to ensure compliance with this division.	2622

(10) Any child under the age of twenty-two years whose parent	2623
has moved out of the school district after the commencement of	2624
classes in the child's senior year of high school is entitled,	2625
subject to the approval of that district board, to attend school	2626
in the district in which the child attended school at the time of	2627
the parental move for the remainder of the school year and for one	2628
additional semester or equivalent term. A district board may also	2629
adopt a policy specifying extenuating circumstances under which a	2630
student may continue to attend school under division (F)(10) of	2631
this section for an additional period of time in order to	2632
successfully complete the high school curriculum for the	2633
individualized education program developed for the student by the	2634
high school pursuant to section 3323.08 of the Revised Code.	2635

(11) As used in this division, "grandparent" means a parent	2636
of a parent of a child. A child under the age of twenty-two years	2637
who is in the custody of the child's parent, resides with a	2638
grandparent, and does not require special education is entitled to	2639
attend the schools of the district in which the child's	2640
grandparent resides, provided that, prior to such attendance in	2641
any school year, the board of education of the school district in	2642
which the child's grandparent resides and the board of education	2643
of the school district in which the child's parent resides enter	2644
into a written agreement specifying that good cause exists for	2645
such attendance, describing the nature of this good cause, and	2646
consenting to such attendance.	2647

In lieu of a consent form signed by a parent, a board of	2648
education may request the grandparent of a child attending school	2649
in the district in which the grandparent resides pursuant to	2650
division (F)(11) of this section to complete any consent form	2651
required by the district, including any authorization required by	2652
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	2653
Upon request, the grandparent shall complete any consent form	2654
required by the district. A school district shall not incur any	2655
liability solely because of its receipt of a consent form from a	2656
grandparent in lieu of a parent.	2657

Division (F)(11) of this section does not create, and shall	2658
not be construed as creating, a new cause of action or substantive	2659
legal right against a school district, a member of a board of	2660
education, or an employee of a school district. This section does	2661
not affect, and shall not be construed as affecting, any	2662
immunities from defenses to tort liability created or recognized	2663
by Chapter 2744. of the Revised Code for a school district,	2664
member, or employee.	2665

(12) A child under the age of twenty-two years is entitled to	2666
attend school in a school district other than the district in	2667
which the child is entitled to attend school under division (B),	2668
(C), or (E) of this section provided that, prior to such	2669
attendance in any school year, both of the following occur:	2670

(a) The superintendent of the district in which the child is	2671
entitled to attend school under division (B), (C), or (E) of this	2672
section contacts the superintendent of another district for	2673
purposes of this division;	2674

(b) The superintendents of both districts enter into a	2675
written agreement that consents to the attendance and specifies	2676
that the purpose of such attendance is to protect the student's	2677
physical or mental well-being or to deal with other extenuating	2678
circumstances deemed appropriate by the superintendents.	2679

While an agreement is in effect under this division for a	2680
student who is not receiving special education under Chapter 3323.	2681
of the Revised Code and notwithstanding Chapter 3327. of the	2682
Revised Code, the board of education of neither school district	2683
involved in the agreement is required to provide transportation	2684
for the student to and from the school where the student attends.	2685

A student attending a school of a district pursuant to this	2686
division shall be allowed to participate in all student	2687
activities, including interscholastic athletics, at the school	2688
where the student is attending on the same basis as any student	2689
who has always attended the schools of that district while of	2690
compulsory school age.	2691

(13) All school districts shall comply with the	2692
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	2693
seq., for the education of homeless children. Each city, local,	2694
and exempted village school district shall comply with the	2695
requirements of that act governing the provision of a free,	2696
appropriate public education, including public preschool, to each	2697
homeless child.	2698

When a child loses permanent housing and becomes a homeless	2699
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	2700
such a homeless person changes temporary living arrangements, the	2701
child's parent or guardian shall have the option of enrolling the	2702
child in either of the following:	2703

(a) The child's school of origin, as defined in 42 U.S.C.A.	2704
11432(g)(3)(C);	2705

(b) The school that is operated by the school district in	2706
which the shelter where the child currently resides is located and	2707
that serves the geographic area in which the shelter is located.	2708

(G) A board of education, after approving admission, may	2709
waive tuition for students who will temporarily reside in the	2710
district and who are either of the following:	2711

(1) Residents or domiciliaries of a foreign nation who	2712
request admission as foreign exchange students;	2713

(2) Residents or domiciliaries of the United States but not	2714
of Ohio who request admission as participants in an exchange	2715
program operated by a student exchange organization.	2716

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	2717
3327.04, and 3327.06 of the Revised Code, a child may attend	2718
school or participate in a special education program in a school	2719
district other than in the district where the child is entitled to	2720
attend school under division (B) of this section.	2721

(I)(1) Notwithstanding anything to the contrary in this	2722
section or section 3313.65 of the Revised Code, a child under	2723
twenty-two years of age may attend school in the school district	2724
in which the child, at the end of the first full week of October	2725
of the school year, was entitled to attend school as otherwise	2726
provided under this section or section 3313.65 of the Revised	2727
Code, if at that time the child was enrolled in the schools of the	2728
district but since that time the child or the child's parent has	2729
relocated to a new address located outside of that school district	2730
and within the same county as the child's or parent's address	2731
immediately prior to the relocation. The child may continue to	2732
attend school in the district, and at the school to which the	2733
child was assigned at the end of the first full week of October of	2734
the current school year, for the balance of the school year.	2735
Division (I)(1) of this section applies only if both of the	2736
following conditions are satisfied:	2737

(a) The board of education of the school district in which	2738
the child was entitled to attend school at the end of the first	2739
week in October and of the district to which the child or child's	2740
parent has relocated each has adopted a policy to enroll children	2741
described in division (I)(1) of this section.	2742

(b) The child's parent provides written notification of the	2743
relocation outside of the school district to the superintendent of	2744
each of the two school districts.	2745

(2) At the beginning of the school year following the school	2746
year in which the child or the child's parent relocated outside of	2747
the school district as described in division (I)(1) of this	2748
section, the child is not entitled to attend school in the school	2749
district under that division.	2750

(3) Any person or entity owing tuition to the school district	2751
on behalf of the child at the end of the first full week in	2752
October, as provided in division (C) of this section, shall	2753
continue to owe such tuition to the district for the child's	2754
attendance under division (I)(1) of this section for the lesser of	2755
the balance of the school year or the balance of the time that the	2756
child attends school in the district under division (I)(1) of this	2757
section.	2758

(4) A pupil who may attend school in the district under	2759
division (I)(1) of this section shall be entitled to	2760
transportation services pursuant to an agreement between the	2761
district and the district in which the child or child's parent has	2762
relocated unless the districts have not entered into such	2763
agreement, in which case the child shall be entitled to	2764
transportation services in the same manner as a pupil attending	2765
school in the district under interdistrict open enrollment as	2766
described in division (H) of section 3313.981 of the Revised Code,	2767
regardless of whether the district has adopted an open enrollment	2768
policy as described in division (B)(1)(b) or (c) of section	2769
3313.98 of the Revised Code.	2770

(J) This division does not apply to a child receiving special	2771
education.	2772

A school district required to pay tuition pursuant to	2773
division (C)(2) or (3) of this section or section 3313.65 of the	2774
Revised Code shall have an amount deducted under division (F) of	2775
section 3317.023 of the Revised Code equal to its own tuition rate	2776
for the same period of attendance. A school district entitled to	2777
receive tuition pursuant to division (C)(2) or (3) of this section	2778
or section 3313.65 of the Revised Code shall have an amount	2779
credited under division (F) of section 3317.023 of the Revised	2780
Code equal to its own tuition rate for the same period of	2781
attendance. If the tuition rate credited to the district of	2782
attendance exceeds the rate deducted from the district required to	2783
pay tuition, the department of education shall pay the district of	2784
attendance the difference from amounts deducted from all	2785
districts' payments under division (F) of section 3317.023 of the	2786
Revised Code but not credited to other school districts under such	2787
division and from appropriations made for such purpose. The	2788
treasurer of each school district shall, by the fifteenth day of	2789
January and July, furnish the superintendent of public instruction	2790
a report of the names of each child who attended the district's	2791
schools under divisions (C)(2) and (3) of this section or section	2792
3313.65 of the Revised Code during the preceding six calendar	2793
months, the duration of the attendance of those children, the	2794
school district responsible for tuition on behalf of the child,	2795
and any other information that the superintendent requires.	2796

Upon receipt of the report the superintendent, pursuant to	2797
division (F) of section 3317.023 of the Revised Code, shall deduct	2798
each district's tuition obligations under divisions (C)(2) and (3)	2799
of this section or section 3313.65 of the Revised Code and pay to	2800
the district of attendance that amount plus any amount required to	2801
be paid by the state.	2802

(J)(K) In the event of a disagreement, the superintendent of	2803
public instruction shall determine the school district in which	2804
the parent resides.	2805

(K)(L) Nothing in this section requires or authorizes, or	2806
shall be construed to require or authorize, the admission to a	2807
public school in this state of a pupil who has been permanently	2808
excluded from public school attendance by the superintendent of	2809
public instruction pursuant to sections 3301.121 and 3313.662 of	2810
the Revised Code.	2811

Sec. 3313.65.  (A) As used in this section and section	2812
3313.64 of the Revised Code:	2813

(1) A person is "in a residential facility" if the person is	2814
a resident or a resident patient of an institution, home, or other	2815
residential facility that is:	2816

(a) Licensed as a nursing home, residential care facility, or	2817
home for the aging by the director of health under section 3721.02	2818
of the Revised Code or licensed as a community alternative home by	2819
the director of health under section 3724.03 of the Revised Code;	2820

(b) Licensed as an adult care facility by the director of	2821
health under Chapter 3722. of the Revised Code;	2822

(c) Maintained as a county home or district home by the board	2823
of county commissioners or a joint board of county commissioners	2824
under Chapter 5155. of the Revised Code;	2825

(d) Operated or administered by a board of alcohol, drug	2826
addiction, and mental health services under section 340.03 or	2827
340.06 of the Revised Code, or provides residential care pursuant	2828
to contracts made under section 340.03 or 340.033 of the Revised	2829
Code;	2830

(e) Maintained as a state institution for the mentally ill	2831
under Chapter 5119. of the Revised Code;	2832

(f) Licensed by the department of mental health under section	2833
5119.20 or 5119.22 of the Revised Code;	2834

(g) Licensed as a residential facility by the department of	2835
mental retardation and developmental disabilities under section	2836
5123.19 of the Revised Code;	2837

(h) Operated by the veteran's administration or another	2838
agency of the United States government;	2839

(i) The Ohio soldiers' and sailors' home.

2840

(2) A person is "in a correctional facility" if any of the	2841
following apply:	2842

(a) The person is an Ohio resident and is:

2843

(i) Imprisoned, as defined in section 1.05 of the Revised	2844
Code;	2845

(ii) Serving a term in a community-based correctional	2846
facility or a district community-based correctional facility;	2847

(iii) Required, as a condition of parole, probation,	2848
transitional control, or early release from imprisonment, as a	2849
condition of shock parole or shock probation granted under the law	2850
in effect prior to July 1, 1996, or as a condition of a furlough	2851
granted under the version of section 2967.26 of the Revised Code	2852
in effect prior to the effective date of this amendmentMarch17,	2853
1998, to reside in a halfway house or other community residential	2854
center licensed under section 2967.14 of the Revised Code or a	2855
similar facility designated by the common pleas court that	2856
established the condition or by the adult parole authority.	2857

(b) The person is imprisoned in a state correctional	2858
institution of another state or a federal correctional institution	2859
but was an Ohio resident at the time the sentence was imposed for	2860
the crime for which the person is imprisoned.	2861

(3) A person is "in a juvenile residential placement" if the	2862
person is an Ohio resident who is under twenty-one years of age	2863
and has been removed, by the order of a juvenile court, from the	2864
place the person resided at the time the person became subject to	2865
the court's jurisdiction in the matter that resulted in the	2866
person's removal.	2867

(B) If the circumstances described in division (C) of this	2868
section apply, the determination of what school district must	2869
admit a child to its schools and what district, if any, is liable	2870
for tuition shall be made in accordance with this section, rather	2871
than section 3313.64 of the Revised Code.	2872

(C) A child who does not reside in the school district in	2873
which the child's parent resides and for whom a tuition obligation	2874
previously has not been established under division (C)(2) of	2875
section 3313.64 of the Revised Code shall be admitted to the	2876
schools of the district in which the child resides if at least one	2877
of the child's parents is in a residential or correctional	2878
facility or a juvenile residential placement and the other parent,	2879
if living and not in such a facility or placement, is not known to	2880
reside in this state.	2881

(D) Regardless of who has custody or care of the child,	2882
whether the child resides in a home, or whether the child receives	2883
special education, if a district admits a child under division (C)	2884
of this section, tuition shall be paid to that district as	2885
follows:	2886

(1) If the child's parent is in a juvenile residential	2887
placement, by the district in which the child's parent resided at	2888
the time the parent became subject to the jurisdiction of the	2889
juvenile court;	2890

(2) If the child's parent is in a correctional facility, by	2891
the district in which the child's parent resided at the time the	2892
sentence was imposed;	2893

(3) If the child's parent is in a residential facility, by	2894
the district in which the parent resided at the time the parent	2895
was admitted to the residential facility, except that if the	2896
parent was transferred from another residential facility, tuition	2897
shall be paid by the district in which the parent resided at the	2898
time the parent was admitted to the facility from which the parent	2899
first was transferred;	2900

(4) In the event of a disagreement as to which school	2901
district is liable for tuition under division (C)(1), (2), or (3)	2902
of this section, the superintendent of public instruction shall	2903
determine which district shall pay tuition.	2904

(E) If a child covered by division (D) of this section	2905
receives special education in accordance with Chapter 3323. of the	2906
Revised Code, the tuition shall be paid in accordance with section	2907
3323.13 or 3323.14 of the Revised Code. Tuition for children who	2908
do not receive special education shall be paid in accordance with	2909
division (I)(J) of section 3313.64 of the Revised Code.	2910

Sec. 3313.97.  Notwithstanding division (D) of section	2911
3311.19 and division (D) of section 3311.52 of the Revised Code,	2912
this section does not apply to any joint vocational or cooperative	2913
education school district.	2914

(A) As used in this section:

2915

(1) "Parent" has the same meaning as in section 3313.64 of	2916
the Revised Code.	2917

(2) "Alternative school" means a school building other than	2918
the one to which a student is assigned by the district	2919
superintendent.	2920

(3) "IEP" means an individualized education program defined	2921
by division (E) of section 3323.01 of the Revised Code.	2922

(B) The board of education of each city, local, and exempted	2923
village school district shall adopt an open enrollment policy	2924
allowing students entitled to attend school in the district	2925
pursuant to section 3313.64 or 3313.65 of the Revised Code,	2926
effective with the school year that begins July 1, 1993, to enroll	2927
in an alternative school. Each policy shall provide for the	2928
following:	2929

(1) Application procedures, including deadlines for	2930
application and for notification of students and principals of	2931
alternative schools whenever a student's application is accepted.	2932
The policy shall require a student to apply only if hethe student	2933
wishes to attend an alternative school.	2934

(2) Procedures for admitting applicants to alternative	2935
schools, including but not limited to:	2936

(a) The establishment of district capacity limits by grade	2937
level, school building, and education program;	2938

(b)(3) A requirement that students enrolled in a school	2939
building or living in any attendance area of the school building	2940
established by the superintendent or board be given preference	2941
over applicants;	2942

(c)(4) Procedures to ensure that an appropriate racial	2943
balance is maintained in the district schools.	2944

(C) Except as provided in section 3313.982 of the Revised	2945
Code, the procedures for admitting applicants to alternative	2946
schools shall not include:	2947

(1) Any requirement of academic ability, or any level of	2948
athletic, artistic, or other extracurricular skills;	2949

(2) Limitations on admitting applicants because of	2950
handicapping conditions, except that a board may require a student	2951
receiving services under Chapter 3323. of the Revised Code to	2952
attend school where the services described in the student's IEP	2953
are available;	2954

(3) A requirement that the student be proficient in the	2955
English language;	2956

(4) Rejection of any applicant because the student has been	2957
subject to disciplinary proceedings, except that if an applicant	2958
has been suspended or expelled for ten consecutive days or more in	2959
the term for which admission is sought or in the term immediately	2960
preceding the term for which admission is sought, the procedures	2961
may include a provision denying admission of such applicant to an	2962
alternative school.	2963

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	2964
except as provided in division (D)(2) of this section, a district	2965
board is not required to provide transportation to a	2966
nonhandicapped student enrolled in an alternative school unless	2967
such student can be picked up and dropped off at a regular school	2968
bus stop designated in accordance with the board's transportation	2969
policy or unless the board is required to provide additional	2970
transportation to the student in accordance with a court-approved	2971
desegregation plan.	2972

(2) A district board shall provide transportation to any	2973
student enrolled in an alternative school pursuant to division (E)	2974
of section 3302.04 of the Revised Code to the extent required by	2975
that division, except that no district board shall be required to	2976
provide transportation to any student enrolled in an alternative	2977
school pursuant to division (E) of section 3302.04 of the Revised	2978
Code after the date the school in which the student was enrolled	2979
immediately prior to enrolling in the alternative school ceases to	2980
be subject to that division.	2981

(E) Each school board shall provide information about the	2982
policy adopted under this section and the application procedures	2983
and deadlines to the parent of each student in the district and to	2984
the general public.	2985

(F) The state board of education shall monitor school	2986
districts to ensure compliance with this section and the	2987
districts' policies.	2988

Sec. 3314.012.  (A) Within ninety days of the effective date	2989
of this sectionSeptember28, 1999, the superintendent of public	2990
instruction shall appoint representatives of the department of	2991
education, including employees who work with the education	2992
management information system and employees of the office of	2993
school optionscommunity schools established by section 3314.11 of	2994
the Revised Code, to a committee to develop report card models for	2995
community schools. The director of the legislative office of	2996
education oversight shall also appoint representatives to the	2997
committee. The committee shall design model report cards	2998
appropriate for the various types of community schools approved to	2999
operate in the state. Sufficient models shall be developed to	3000
reflect the variety of grade levels served and the missions of the	3001
state's community schools. All models shall include both financial	3002
and academic data. The initial models shall be developed by March	3003
31, 2000.	3004

(B) The department of education shall issue an annual report	3005
card for each community school. The report card shall report the	3006
academic and financial performance of the school utilizing one of	3007
the models developed under division (A) of this section. The	3008
report card shall include all information applicable to school	3009
buildings under division (A) of section 3302.03 of the Revised	3010
Code.	3011

(C) Upon receipt of a copy of a contract between a sponsor	3012
and a community school entered into under this chapter, the	3013
department of education shall notify the community school of the	3014
specific model report card that will be used for that school.	3015

(D) Report cards shall be distributed to the parents of all	3016
students in the community school, to the members of the board of	3017
education of the school district in which the community school is	3018
located, and to any person who requests one from the department.	3019

(E) No report card shall be issued for any community school	3020
under this section until the school has been open for instruction	3021
for two full school years.	3022

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

3023

(1) "Sponsor" means an entity listed in division (C)(1) of	3024
this section, which has been approved by the department of	3025
education to sponsor community schools and with which the	3026
governing authority of the proposed community school enters into a	3027
contract pursuant to this section.	3028

(2) "Pilot project area" means the school districts included	3029
in the territory of the former community school pilot project	3030
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	3031
the 122nd general assembly.	3032

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

3033

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

3034

(b) A school district that is either in a state of academic	3035
emergency or in a state of academic watch under section 3302.03 of	3036
the Revised Code;	3037

(c) A big eight school district;

3038

(d) An urban school district.

3039

(4) "Big eight school district" means a school district that	3040
for fiscal year 1997 had both of the following:	3041

(a) A percentage of children residing in the district and	3042
participating in the predecessor of Ohio works first greater than	3043
thirty per cent, as reported pursuant to section 3317.10 of the	3044
Revised Code;	3045

(b) An average daily membership greater than twelve thousand,	3046
as reported pursuant to former division (A) of section 3317.03 of	3047
the Revised Code.	3048

(5) "New start-up school" means a community school other than	3049
one created by converting all or part of an existing public	3050
school, as designated in the school's contract pursuant to	3051
division (A)(17) of section 3314.03 of the Revised Code.	3052

(6) "Urban school district" means one of the state's	3053
twenty-one urban school districts as defined in division (O) of	3054
section 3317.02 of the Revised Code as that section existed prior	3055
to July 1, 1998.	3056

(7) "Internet- or computer-based community school" means a	3057
community school established under this chapter in which the	3058
enrolled students work primarily from their residences on	3059
assignments in nonclassroom-based learning opportunities provided	3060
via an internet- or other computer-based instructional method that	3061
does not rely on regular classroom instruction or via	3062
comprehensive instructional methods that include internet-based,	3063
other computer-based, and noncomputer-based learning	3064
opportunities.	3065

(B) Any person or group of individuals may initially propose	3066
under this division the conversion of all or a portion of a public	3067
school to a community school. The proposal shall be made to the	3068
board of education of the city, local, or exempted village school	3069
district in which the public school is proposed to be converted.	3070
Upon receipt of a proposal, a board may enter into a preliminary	3071
agreement with the person or group proposing the conversion of the	3072
public school, indicating the intention of the board of education	3073
to support the conversion to a community school. A proposing	3074
person or group that has a preliminary agreement under this	3075
division may proceed to finalize plans for the school, establish a	3076
governing authority for the school, and negotiate a contract with	3077
the board of education. Provided the proposing person or group	3078
adheres to the preliminary agreement and all provisions of this	3079
chapter, the board of education shall negotiate in good faith to	3080
enter into a contract in accordance with section 3314.03 of the	3081
Revised Code and division (C) of this section.	3082

(C)(1) Any person or group of individuals may propose under	3083
this division the establishment of a new start-up school to be	3084
located in a challenged school district. The proposal may be made	3085
to any of the following entities:	3086

(a) The board of education of the district in which the	3087
school is proposed to be located;	3088

(b) The board of education of any joint vocational school	3089
district with territory in the county in which is located the	3090
majority of the territory of the district in which the school is	3091
proposed to be located;	3092

(c) The board of education of any other city, local, or	3093
exempted village school district having territory in the same	3094
county where the district in which the school is proposed to be	3095
located has the major portion of its territory;	3096

(d) The governing board of any educational service center as	3097
long as the proposed school will be located in a county within the	3098
territory of the service center or in a county contiguous to such	3099
county;	3100

(e) A sponsoring authority designated by the board of	3101
trustees of any of the thirteen state universities listed in	3102
section 3345.011 of the Revised Code or the board of trustees	3103
itself as long as a mission of the proposed school to be specified	3104
in the contract under division (A)(2) of section 3314.03 of the	3105
Revised Code and as approved by the department of education under	3106
division (B)(2) of section 3314.015 of the Revised Code will be	3107
the practical demonstration of teaching methods, educational	3108
technology, or other teaching practices that are included in the	3109
curriculum of the university's teacher preparation program	3110
approved by the state board of education;	3111

(f) Any qualified tax-exempt entity under section 501(c)(3)	3112
of the Internal Revenue Code as long as all of the following	3113
conditions are satisfied:	3114

(i) The entity has been in operation for at least five years	3115
prior to applying to be a community school sponsor.	3116

(ii) The entity has assets of at least five hundred thousand	3117
dollars.	3118

(iii) The department of education has determined that the	3119
entity is an education-oriented entity under division (B)(3) of	3120
section 3314.015 of the Revised Code.	3121

Until July 1, 2005, any entity described in division	3122
(C)(1)(f) of this section may sponsor only schools that formerly	3123
were sponsored by the state board of education under division	3124
(C)(1)(d) of this section, as it existed prior to April 8, 2003.	3125
After July 1, 2005, such entity may sponsor any new or existing	3126
school.	3127

Any entity described in division (C)(1) of this section may	3128
enter into a preliminary agreement pursuant to division (C)(2) of	3129
this section with the proposing person or group.	3130

(2) A preliminary agreement indicates the intention of an	3131
entity described in division (C)(1) of this section to sponsor the	3132
community school. A proposing person or group that has such a	3133
preliminary agreement may proceed to finalize plans for the	3134
school, establish a governing authority as described in division	3135
(E) of this section for the school, and negotiate a contract with	3136
the entity. Provided the proposing person or group adheres to the	3137
preliminary agreement and all provisions of this chapter, the	3138
entity shall negotiate in good faith to enter into a contract in	3139
accordance with section 3314.03 of the Revised Code.	3140

(3) A new start-up school that is established in a school	3141
district while that district is either in a state of academic	3142
emergency or in a state of academic watch under section 3302.03 of	3143
the Revised Code may continue in existence once the school	3144
district is no longer in a state of academic emergency or academic	3145
watch, provided there is a valid contract between the school and a	3146
sponsor.	3147

(4) A copy of every preliminary agreement entered into under	3148
this division shall be filed with the superintendent of public	3149
instruction.	3150

(D) A majority vote of the board of a sponsoring entity and a	3151
majority vote of the members of the governing authority of a	3152
community school shall be required to adopt a contract and convert	3153
the public school to a community school or establish the new	3154
start-up school. Up to the statewide limit prescribed in section	3155
3314.013 of the Revised Code, an unlimited number of community	3156
schools may be established in any school district provided that a	3157
contract is entered into for each community school pursuant to	3158
this chapter.	3159

(E) As used in this division, "immediate relatives" are	3160
limited to spouses, children, parents, grandparents, siblings, and	3161
in-laws.	3162

Each new start-up community school established under this	3163
chapter shall be under the direction of a governing authority	3164
which shall consist of a board of not less than five individuals	3165
who are not owners or employees, or immediate relatives of owners	3166
or employees, of any for-profit firm that operates or manages a	3167
school for the governing authority.	3168

No person shall serve on the governing authority or operate	3169
the community school under contract with the governing authority	3170
so long as the person owes the state any money or is in a dispute	3171
over whether the person owes the state any money concerning the	3172
operation of a community school that has closed.	3173

(F) Nothing in this chapter shall be construed to permit the	3174
establishment of a community school in more than one school	3175
district under the same contract.	3176

(G) A new start-up school that is established prior to the	3177
effective date of this amendment in an urban school district that	3178
is not also a big-eight school district may continue to operate	3179
after the effective date of this amendment and the contract	3180
between the school's governing authority and the school's sponsor	3181
may be renewed, as provided under this chapter, after the	3182
effective date of this amendment, but no additional new start-up	3183
schools may be established in such a district unless the district	3184
is a challenged school district as defined in this section as it	3185
exists on and after the effective date of this amendment.	3186

Sec. 3314.03.  A copy of every contract entered into under	3187
this section shall be filed with the superintendent of public	3188
instruction.	3189

(A) Each contract entered into between a sponsor and the	3190
governing authority of a community school shall specify the	3191
following:	3192

(1) That the school shall be established as either of the	3193
following:	3194

(a) A nonprofit corporation established under Chapter 1702.	3195
of the Revised Code, if established prior to the effective date of	3196
this amendmentApril 8, 2003;	3197

(b) A public benefit corporation established under Chapter	3198
1702. of the Revised Code, if established after the effective date	3199
of this amendmentApril 8, 2003;	3200

(2) The education program of the school, including the	3201
school's mission, the characteristics of the students the school	3202
is expected to attract, the ages and grades of students, and the	3203
focus of the curriculum;	3204

(3) The academic goals to be achieved and the method of	3205
measurement that will be used to determine progress toward those	3206
goals, which shall include the statewide achievement tests;	3207

(4) Performance standards by which the success of the school	3208
will be evaluated by the sponsor;	3209

(5) The admission standards of section 3314.06 of the Revised	3210
Code;	3211

(6)(a) Dismissal procedures;

3212

(b) A requirement that the governing authority adopt an	3213
attendance policy that includes a procedure for automatically	3214
withdrawing a student from the school if the student without a	3215
legitimate excuse fails to participate in one hundred five	3216
cumulative hours of the learning opportunities offered to the	3217
student. Such a policy shall provide for withdrawing the student	3218
by the end of the thirtieth day after the student has failed to	3219
participate as required under this division.	3220

(7) The ways by which the school will achieve racial and	3221
ethnic balance reflective of the community it serves;	3222

(8) Requirements for financial audits by the auditor of	3223
state. The contract shall require financial records of the school	3224
to be maintained in the same manner as are financial records of	3225
school districts, pursuant to rules of the auditor of state, and	3226
the audits shall be conducted in accordance with section 117.10 of	3227
the Revised Code.	3228

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

3229

(10) Qualifications of teachers, including a requirement that	3230
the school's classroom teachers be licensed in accordance with	3231
sections 3319.22 to 3319.31 of the Revised Code, except that a	3232
community school may engage noncertificated persons to teach up to	3233
twelve hours per week pursuant to section 3319.301 of the Revised	3234
Code;	3235

(11) That the school will comply with the following	3236
requirements:	3237

(a) The school will provide learning opportunities to a	3238
minimum of twenty-five students for a minimum of nine hundred	3239
twenty hours per school year;	3240

(b) The governing authority will purchase liability	3241
insurance, or otherwise provide for the potential liability of the	3242
school;	3243

(c) The school will be nonsectarian in its programs,	3244
admission policies, employment practices, and all other	3245
operations, and will not be operated by a sectarian school or	3246
religious institution;	3247

(d) The school will comply with sections 9.90, 9.91, 109.65,	3248
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	3249
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	3250
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	3251
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	3252
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17,	3253
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	3254
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	3255
4123., 4141., and 4167. of the Revised Code as if it were a school	3256
district and will comply with section 3301.0714 of the Revised	3257
Code in the manner specified in section 3314.17 of the Revised	3258
Code;	3259

(e) The school shall comply with Chapter 102. of the Revised	3260
Code except that nothing in that chapter shall prohibit a member	3261
of the school's governing board from also being an employee of the	3262
school and nothing in that chapter or section 2921.42 of the	3263
Revised Code shall prohibit a member of the school's governing	3264
board from having an interest in a contract into which the	3265
governing board enters that is not a contract with a for-profit	3266
firm for the operation or management of a school under the	3267
auspices of the governing authority;	3268

(f) The school will comply with sections 3313.61, 3313.611,	3269
and 3313.614 of the Revised Code, except that the requirement in	3270
sections 3313.61 and 3313.611 of the Revised Code that a person	3271
must successfully complete the curriculum in any high school prior	3272
to receiving a high school diploma may be met by completing the	3273
curriculum adopted by the governing authority of the community	3274
school rather than the curriculum specified in Title XXXIII of the	3275
Revised Code or any rules of the state board of education;	3276

(g) The school governing authority will submit within four	3277
months after the end of each school year a report of its	3278
activities and progress in meeting the goals and standards of	3279
divisions (A)(3) and (4) of this section and its financial status	3280
to the sponsor, the parents of all students enrolled in the	3281
school, and the legislative office of education oversight. The	3282
school will collect and provide any data that the legislative	3283
office of education oversight requests in furtherance of any study	3284
or research that the general assembly requires the office to	3285
conduct, including the studies required under Section 50.39 of Am.	3286
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	3287
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	3288

(12) Arrangements for providing health and other benefits to	3289
employees;	3290

(13) The length of the contract, which shall begin at the	3291
beginning of an academic year. No contract shall exceed five years	3292
unless such contract has been renewed pursuant to division (E) of	3293
this section.	3294

(14) The governing authority of the school, which shall be	3295
responsible for carrying out the provisions of the contract;	3296

(15) A financial plan detailing an estimated school budget	3297
for each year of the period of the contract and specifying the	3298
total estimated per pupil expenditure amount for each such year.	3299
The plan shall specify for each year the base formula amount that	3300
will be used for purposes of funding calculations under section	3301
3314.08 of the Revised Code. This base formula amount for any year	3302
shall not exceed the formula amount defined under section 3317.02	3303
of the Revised Code. The plan may also specify for any year a	3304
percentage figure to be used for reducing the per pupil amount of	3305
disadvantaged pupil impact aid calculated pursuant to section	3306
3317.029 of the Revised Code the school is to receive that year	3307
under section 3314.08 of the Revised Code.	3308

(16) Requirements and procedures regarding the disposition of	3309
employees of the school in the event the contract is terminated or	3310
not renewed pursuant to section 3314.07 of the Revised Code;	3311

(17) Whether the school is to be created by converting all or	3312
part of an existing public school or is to be a new start-up	3313
school, and if it is a converted public school, specification of	3314
any duties or responsibilities of an employer that the board of	3315
education that operated the school before conversion is delegating	3316
to the governing board of the community school with respect to all	3317
or any specified group of employees provided the delegation is not	3318
prohibited by a collective bargaining agreement applicable to such	3319
employees;	3320

(18) Provisions establishing procedures for resolving	3321
disputes or differences of opinion between the sponsor and the	3322
governing authority of the community school;	3323

(19) A provision requiring the governing authority to adopt a	3324
policy regarding the admission of students who reside outside the	3325
district in which the school is located. That policy shall comply	3326
with the admissions procedures specified in section 3314.06 of the	3327
Revised Code and, at the sole discretion of the authority, shall	3328
do one of the following:	3329

(a) Prohibit the enrollment of students who reside outside	3330
the district in which the school is located;	3331

(b) Permit the enrollment of students who reside in districts	3332
adjacent to the district in which the school is located;	3333

(c) Permit the enrollment of students who reside in any other	3334
district in the state.	3335

(20) A provision recognizing the authority of the department	3336
of education to take over the sponsorship of the school in	3337
accordance with the provisions of division (C) of section 3314.015	3338
of the Revised Code;	3339

(21) A provision recognizing the sponsor's authority to	3340
assume the operation of a school under the conditions specified in	3341
division (B) of section 3314.073 of the Revised Code;	3342

(22) A provision recognizing both of the following:

3343

(a) The authority of public health and safety officials to	3344
inspect the facilities of the school and to order the facilities	3345
closed if those officials find that the facilities are not in	3346
compliance with health and safety laws and regulations;	3347

(b) The authority of the department of education as the	3348
community school oversight body to suspend the operation of the	3349
school under section 3314.072 of the Revised Code if the	3350
department has evidence of conditions or violations of law at the	3351
school that pose an imminent danger to the health and safety of	3352
the school's students and employees and the sponsor refuses to	3353
take such action;	3354

(23) A description of the learning opportunities that will be	3355
offered to students including both classroom-based and	3356
non-classroom-based learning opportunities that is in compliance	3357
with criteria for student participation established by the	3358
department under division (L)(2) of section 3314.08 of the Revised	3359
Code;	3360

(24) The school will comply with section 3302.04 of the	3361
Revised Code, including division (E) of that section to the extent	3362
possible, except that any action required to be taken by a school	3363
district pursuant to that section shall be taken by the sponsor of	3364
the school. However, the sponsor shall not be required to take any	3365
action described in division (F) of that section.	3366

(B) The community school shall also submit to the sponsor a	3367
comprehensive plan for the school. The plan shall specify the	3368
following:	3369

(1) The process by which the governing authority of the	3370
school will be selected in the future;	3371

(2) The management and administration of the school;

3372

(3) If the community school is a currently existing public	3373
school, alternative arrangements for current public school	3374
students who choose not to attend the school and teachers who	3375
choose not to teach in the school after conversion;	3376

(4) The instructional program and educational philosophy of	3377
the school;	3378

(5) Internal financial controls.

3379

(C) A contract entered into under section 3314.02 of the	3380
Revised Code between a sponsor and the governing authority of a	3381
community school may provide for the community school governing	3382
authority to make payments to the sponsor, which is hereby	3383
authorized to receive such payments as set forth in the contract	3384
between the governing authority and the sponsor. The total amount	3385
of such payments for oversight and monitoring of the school shall	3386
not exceed three per cent of the total amount of payments for	3387
operating expenses that the school receives from the state.	3388

(D) The contract shall specify the duties of the sponsor	3389
which shall be in accordance with the written agreement entered	3390
into with the department of education under division (B) of	3391
section 3314.015 of the Revised Code and shall include the	3392
following:	3393

(1) Monitor the community school's compliance with all laws	3394
applicable to the school and with the terms of the contract;	3395

(2) Monitor and evaluate the academic and fiscal performance	3396
and the organization and operation of the community school on at	3397
least an annual basis;	3398

(3) Report on an annual basis the results of the evaluation	3399
conducted under division (D)(2) of this section to the department	3400
of education and to the parents of students enrolled in the	3401
community school;	3402

(4) Provide technical assistance to the community school in	3403
complying with laws applicable to the school and terms of the	3404
contract;	3405

(5) Take steps to intervene in the school's operation to	3406
correct problems in the school's overall performance, declare the	3407
school to be on probationary status pursuant to section 3314.073	3408
of the Revised Code, suspend the operation of the school pursuant	3409
to section 3314.072 of the Revised Code, or terminate the contract	3410
of the school pursuant to section 3314.07 of the Revised Code as	3411
determined necessary by the sponsor;	3412

(6) Have in place a plan of action to be undertaken in the	3413
event the community school experiences financial difficulties or	3414
closes prior to the end of a school year.	3415

(E) Upon the expiration of a contract entered into under this	3416
section, the sponsor of a community school may, with the approval	3417
of the governing authority of the school, renew that contract for	3418
a period of time determined by the sponsor, but not ending earlier	3419
than the end of any school year, if the sponsor finds that the	3420
school's compliance with applicable laws and terms of the contract	3421
and the school's progress in meeting the academic goals prescribed	3422
in the contract have been satisfactory. Any contract that is	3423
renewed under this division remains subject to the provisions of	3424
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	3425

Sec. 3314.033.  Not later than September 30, 2003, the state	3426
board of education shall recommend to the general assembly	3427
standards governing the operation of internet- or computer-based	3428
community schools, as defined in section 3314.02 of the Revised	3429
Code, and other educational courses delivered primarily via	3430
electronic media.	3431

Sec. 3314.20.  This section does not apply to any school	3432
district declared to be excellent or effective pursuant to	3433
division (B)(1) or (2) of section 3302.03 of the Revised Code.	3434

(A) The departmentstate board of education shall recommend	3435
adopt rules to the general assembly requiring school districts	3436
with a total student count of over five thousand, as determined	3437
pursuant to section 3317.03 of the Revised Code, to designate one	3438
school building to be operated by a site-based management council.	3439
The rules shall specify the composition of the council and the	3440
manner in which members of the council are to be selected and	3441
removed.	3442

(B) The rules adopted under division (A) of this section	3443
shall specify those powers, duties, functions, and	3444
responsibilities that shall be vested in the management council	3445
and that would otherwise be exercised by the district board of	3446
education. The rules shall also establish a mechanism for	3447
resolving any differences between the council and the district	3448
board if there is disagreement as to their respective powers,	3449
duties, functions, and responsibilities.	3450

(C) The board of education of any school district described	3451
by division (A) of this section may, in lieu of complying with the	3452
rules adopted under this section, file with the department of	3453
education an alternative structure for a district site-based	3454
management program in at least one of its school buildings. The	3455
proposal shall specify the composition of the council, which shall	3456
include an equal number of parents and teachers and the building	3457
principal, and the method of selection and removal of the council	3458
members. The proposal shall also clearly delineate the respective	3459
powers, duties, functions, and responsibilities of the district	3460
board and the council. The district's proposal shall comply	3461
substantially with the rules approved by the general assembly.	3462

(D) The rules recommended under this section shall take	3463
effect upon approval of the general assembly through the passage	3464
of a joint resolutionadopted under division (A) of this section.	3465

Sec. 3317.01.  As used in this section and section 3317.011	3466
of the Revised Code, "school district," unless otherwise	3467
specified, means any city, local, exempted village, joint	3468
vocational, or cooperative education school district and any	3469
educational service center.	3470

This chapter shall be administered by the state board of	3471
education. The superintendent of public instruction shall	3472
calculate the amounts payable to each school district and shall	3473
certify the amounts payable to each eligible district to the	3474
treasurer of the district as provided by this chapter. No moneys	3475
shall be distributed pursuant to this chapter without the approval	3476
of the controlling board.	3477

The state board of education shall, in accordance with	3478
appropriations made by the general assembly, meet the financial	3479
obligations of this chapter.	3480

Annually, the department of education shall calculate and	3481
report to each school district the district's total state and	3482
local funds for providing an adequate basic education to the	3483
district's nonhandicapped students, utilizing the determination in	3484
section 3317.012 of the Revised Code. In addition, the department	3485
shall calculate and report separately for each school district the	3486
district's total state and local funds for providing an adequate	3487
education for its handicapped students, utilizing the	3488
determinations in both sections 3317.012 and 3317.013 of the	3489
Revised Code.	3490

Not later than the thirty-first day of August of each fiscal	3491
year, the department of education shall provide to each school	3492
district and county MR/DD board a preliminary estimate of the	3493
amount of funding that the department calculates the district will	3494
receive under each of divisions (C)(1) and (4) of section 3317.022	3495
of the Revised Code. No later than the first day of December of	3496
each fiscal year, the department shall update that preliminary	3497
estimate.	3498

Moneys distributed pursuant to this chapter shall be	3499
calculated and paid on a fiscal year basis, beginning with the	3500
first day of July and extending through the thirtieth day of June.	3501
The moneys appropriated for each fiscal year shall be distributed	3502
at least monthly to each school district unless otherwise provided	3503
for. The state board shall submit a yearly distribution plan to	3504
the controlling board at its first meeting in July. The state	3505
board shall submit any proposed midyear revision of the plan to	3506
the controlling board in January. Any year-end revision of the	3507
plan shall be submitted to the controlling board in June. If	3508
moneys appropriated for each fiscal year are distributed other	3509
than monthly, such distribution shall be on the same basis for	3510
each school district.	3511

The total amounts paid each month shall constitute, as nearly	3512
as possible, one-twelfth of the total amount payable for the	3513
entire year. Payments made during the first six months of the	3514
fiscal year may be based on an estimate of the amounts payable for	3515
the entire year. Payments made in the last six months shall be	3516
based on the final calculation of the amounts payable to each	3517
school district for that fiscal year. Payments made in the last	3518
six months may be adjusted, if necessary, to correct the amounts	3519
distributed in the first six months, and to reflect enrollment	3520
increases when such are at least three per cent. ExceptHowever,	3521
beginning in fiscal year 2005, payments shall be calculated to	3522
reflect the biannual reporting of formula ADM. In fiscal year	3523
2005, payments for the months of July through March shall be based	3524
on the formula ADM, special education ADM, and vocational	3525
education ADM certified in October 2004, and payments for April	3526
through June shall be based on the formula ADM, special education	3527
ADM, and vocational education ADM certified in March 2005. After	3528
fiscal year 2005, payments for July through October shall be based	3529
on the formula ADM, special education ADM, and vocational	3530
education ADM certified in March of the previous fiscal year,	3531
payments for November through March shall be based on the formula	3532
ADM, special education ADM, and vocational education ADM certified	3533
in October of the current fiscal year, and payments for April	3534
through June shall be based on formula ADM, special education ADM,	3535
and vocational education ADM certified in March of the current	3536
fiscal year.	3537

Except as otherwise provided, payments under this chapter	3538
shall be made only to those school districts in which:	3539

(A) The school district, except for any educational service	3540
center and any joint vocational or cooperative education school	3541
district, levies for current operating expenses at least twenty	3542
mills. Levies for joint vocational or cooperative education school	3543
districts or county school financing districts, limited to or to	3544
the extent apportioned to current expenses, shall be included in	3545
this qualification requirement. School district income tax levies	3546
under Chapter 5748. of the Revised Code, limited to or to the	3547
extent apportioned to current operating expenses, shall be	3548
included in this qualification requirement to the extent	3549
determined by the tax commissioner under division (D) of section	3550
3317.021 of the Revised Code.	3551

(B) The school year next preceding the fiscal year for which	3552
such payments are authorized meets the requirement of section	3553
3313.48 or 3313.481 of the Revised Code, with regard to the	3554
minimum number of days or hours school must be open for	3555
instruction with pupils in attendance, for individualized	3556
parent-teacher conference and reporting periods, and for	3557
professional meetings of teachers. This requirement shall be	3558
waived by the superintendent of public instruction if it had been	3559
necessary for a school to be closed because of disease epidemic,	3560
hazardous weather conditions, inoperability of school buses or	3561
other equipment necessary to the school's operation, damage to a	3562
school building, or other temporary circumstances due to utility	3563
failure rendering the school building unfit for school use,	3564
provided that for those school districts operating pursuant to	3565
section 3313.48 of the Revised Code the number of days the school	3566
was actually open for instruction with pupils in attendance and	3567
for individualized parent-teacher conference and reporting periods	3568
is not less than one hundred seventy-five, or for those school	3569
districts operating on a trimester plan the number of days the	3570
school was actually open for instruction with pupils in attendance	3571
not less than seventy-nine days in any trimester, for those school	3572
districts operating on a quarterly plan the number of days the	3573
school was actually open for instruction with pupils in attendance	3574
not less than fifty-nine days in any quarter, or for those school	3575
districts operating on a pentamester plan the number of days the	3576
school was actually open for instruction with pupils in attendance	3577
not less than forty-four days in any pentamester.	3578

A school district shall not be considered to have failed to	3579
comply with this division or section 3313.481 of the Revised Code	3580
because schools were open for instruction but either twelfth grade	3581
students were excused from attendance for up to three days or only	3582
a portion of the kindergarten students were in attendance for up	3583
to three days in order to allow for the gradual orientation to	3584
school of such students.	3585

The superintendent of public instruction shall waive the	3586
requirements of this section with reference to the minimum number	3587
of days or hours school must be in session with pupils in	3588
attendance for the school year succeeding the school year in which	3589
a board of education initiates a plan of operation pursuant to	3590
section 3313.481 of the Revised Code. The minimum requirements of	3591
this section shall again be applicable to such a district	3592
beginning with the school year commencing the second July	3593
succeeding the initiation of one such plan, and for each school	3594
year thereafter.	3595

A school district shall not be considered to have failed to	3596
comply with this division or section 3313.48 or 3313.481 of the	3597
Revised Code because schools were open for instruction but the	3598
length of the regularly scheduled school day, for any number of	3599
days during the school year, was reduced by not more than two	3600
hours due to hazardous weather conditions.	3601

(C) The school district has on file, and is paying in	3602
accordance with, a teachers' salary schedule which complies with	3603
section 3317.13 of the Revised Code.	3604

A board of education or governing board of an educational	3605
service center which has not conformed with other law and the	3606
rules pursuant thereto, shall not participate in the distribution	3607
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	3608
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	3609
and sufficient reason established to the satisfaction of the state	3610
board of education and the state controlling board.	3611

All funds allocated to school districts under this chapter,	3612
except those specifically allocated for other purposes, shall be	3613
used to pay current operating expenses only.	3614

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	3615
Revised Code, the amounts required to be paid to a district under	3616
this chapter shall be adjusted by the amount of the computations	3617
made under divisions (B) to (L) of this section.	3618

As used in this section:

3619

(1) "Classroom teacher" means a licensed employee who	3620
provides direct instruction to pupils, excluding teachers funded	3621
from money paid to the district from federal sources; educational	3622
service personnel; and vocational and special education teachers.	3623

(2) "Educational service personnel" shall not include such	3624
specialists funded from money paid to the district from federal	3625
sources or assigned full-time to vocational or special education	3626
students and classes and may only include those persons employed	3627
in the eight specialist areas in a pattern approved by the	3628
department of education under guidelines established by the state	3629
board of education.	3630

(3) "Annual salary" means the annual base salary stated in	3631
the state minimum salary schedule for the performance of the	3632
teacher's regular teaching duties that the teacher earns for	3633
services rendered for the first full week of October of the fiscal	3634
year for which the adjustment is made under division (C) of this	3635
section. It shall not include any salary payments for supplemental	3636
teachers contracts.	3637

(4) "Regular student population" means the formula ADM plus	3638
the number of students reported as enrolled in the district	3639
pursuant to division (A)(1) of section 3313.981 of the Revised	3640
Code; minus the number of students reported under division (A)(2)	3641
of section 3317.03 of the Revised Code; minus the FTE of students	3642
reported under division (B)(5), (6), (7), (8), (9), (10), (11), or	3643
(12) of that section who are enrolled in a vocational education	3644
class or receiving special education; and minus one-fourth of the	3645
students enrolled concurrently in a joint vocational school	3646
district.	3647

(5) "State share percentage" has the same meaning as in	3648
section 3317.022 of the Revised Code.	3649

(6) "VEPD" means a school district or group of school	3650
districts designated by the department of education as being	3651
responsible for the planning for and provision of vocational	3652
education services to students within the district or group.	3653

(7) "Lead district" means a school district, including a	3654
joint vocational school district, designated by the department as	3655
a VEPD, or designated to provide primary vocational education	3656
leadership within a VEPD composed of a group of districts.	3657

(B) If the district employs less than one full-time	3658
equivalent classroom teacher for each twenty-five pupils in the	3659
regular student population in any school district, deduct the sum	3660
of the amounts obtained from the following computations:	3661

(1) Divide the number of the district's full-time equivalent	3662
classroom teachers employed by one twenty-fifth;	3663

(2) Subtract the quotient in (1) from the district's regular	3664
student population;	3665

(3) Multiply the difference in (2) by seven hundred fifty-two	3666
dollars.	3667

(C) If a positive amount, add one-half of the amount obtained	3668
by multiplying the number of full-time equivalent classroom	3669
teachers by:	3670

(1) The mean annual salary of all full-time equivalent	3671
classroom teachers employed by the district at their respective	3672
training and experience levels minus;	3673

(2) The mean annual salary of all such teachers at their	3674
respective levels in all school districts receiving payments under	3675
this section.	3676

The number of full-time equivalent classroom teachers used in	3677
this computation shall not exceed one twenty-fifth of the	3678
district's regular student population. In calculating the	3679
district's mean salary under this division, those full-time	3680
equivalent classroom teachers with the highest training level	3681
shall be counted first, those with the next highest training level	3682
second, and so on, in descending order. Within the respective	3683
training levels, teachers with the highest years of service shall	3684
be counted first, the next highest years of service second, and so	3685
on, in descending order.	3686

(D) This division does not apply to a school district that	3687
has entered into an agreement under division (A) of section	3688
3313.42 of the Revised Code. Deduct the amount obtained from the	3689
following computations if the district employs fewer than five	3690
full-time equivalent educational service personnel, including	3691
elementary school art, music, and physical education teachers,	3692
counselors, librarians, visiting teachers, school social workers,	3693
and school nurses for each one thousand pupils in the regular	3694
student population:	3695

(1) Divide the number of full-time equivalent educational	3696
service personnel employed by the district by five	3697
one-thousandths;	3698

(2) Subtract the quotient in (1) from the district's regular	3699
student population;	3700

(3) Multiply the difference in (2) by ninety-four dollars.

3701

(E) If a local school district, or a city or exempted village	3702
school district to which a governing board of an educational	3703
service center provides services pursuant to section 3313.843 of	3704
the Revised Code, deduct the amount of the payment required for	3705
the reimbursement of the governing board under section 3317.11 of	3706
the Revised Code.	3707

(F)(1) If the district is required to pay to or entitled to	3708
receive tuition from another school district under division (C)(2)	3709
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	3710
or if the superintendent of public instruction is required to	3711
determine the correct amount of tuition and make a deduction or	3712
credit under section 3317.08 of the Revised Code, deduct and	3713
credit such amounts as provided in division (I)(J) of section	3714
3313.64 or section 3317.08 of the Revised Code.	3715

(2) For each child for whom the district is responsible for	3716
tuition or payment under division (A)(1) of section 3317.082 or	3717
section 3323.091 of the Revised Code, deduct the amount of tuition	3718
or payment for which the district is responsible.	3719

(G) If the district has been certified by the superintendent	3720
of public instruction under section 3313.90 of the Revised Code as	3721
not in compliance with the requirements of that section, deduct an	3722
amount equal to ten per cent of the amount computed for the	3723
district under section 3317.022 of the Revised Code.	3724

(H) If the district has received a loan from a commercial	3725
lending institution for which payments are made by the	3726
superintendent of public instruction pursuant to division (E)(3)	3727
of section 3313.483 of the Revised Code, deduct an amount equal to	3728
such payments.	3729

(I)(1) If the district is a party to an agreement entered	3730
into under division (D), (E), or (F) of section 3311.06 or	3731
division (B) of section 3311.24 of the Revised Code and is	3732
obligated to make payments to another district under such an	3733
agreement, deduct an amount equal to such payments if the district	3734
school board notifies the department in writing that it wishes to	3735
have such payments deducted.	3736

(2) If the district is entitled to receive payments from	3737
another district that has notified the department to deduct such	3738
payments under division (I)(1) of this section, add the amount of	3739
such payments.	3740

(J) If the district is required to pay an amount of funds to	3741
a cooperative education district pursuant to a provision described	3742
by division (B)(4) of section 3311.52 or division (B)(8) of	3743
section 3311.521 of the Revised Code, deduct such amounts as	3744
provided under that provision and credit those amounts to the	3745
cooperative education district for payment to the district under	3746
division (B)(1) of section 3317.19 of the Revised Code.	3747

(K)(1) If a district is educating a student entitled to	3748
attend school in another district pursuant to a shared education	3749
contract, compact, or cooperative education agreement other than	3750
an agreement entered into pursuant to section 3313.842 of the	3751
Revised Code, credit to that educating district on an FTE basis	3752
both of the following:	3753

(a) An amount equal to the formula amount times the cost of	3754
doing business factor of the school district where the student is	3755
entitled to attend school pursuant to section 3313.64 or 3313.65	3756
of the Revised Code;	3757

(b) An amount equal to the formula amount times the state	3758
share percentage times any multiple applicable to the student	3759
pursuant to section 3317.013 or 3317.014 of the Revised Code.	3760

(2) Deduct any amount credited pursuant to division (K)(1) of	3761
this section from amounts paid to the school district in which the	3762
student is entitled to attend school pursuant to section 3313.64	3763
or 3313.65 of the Revised Code.	3764

(3) If the district is required by a shared education	3765
contract, compact, or cooperative education agreement to make	3766
payments to an educational service center, deduct the amounts from	3767
payments to the district and add them to the amounts paid to the	3768
service center pursuant to section 3317.11 of the Revised Code.	3769

(L)(1) If a district, including a joint vocational school	3770
district, is a lead district of a VEPD, credit to that district	3771
the amounts calculated for all the school districts within that	3772
VEPD pursuant to division (E)(2) of section 3317.022 of the	3773
Revised Code.	3774

(2) Deduct from each appropriate district that is not a lead	3775
district, the amount attributable to that district that is	3776
credited to a lead district under division (L)(1) of this section.	3777

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	3778
(C) of this section, any student enrolled in kindergarten more	3779
than half time shall be reported as one-half student under this	3780
section.	3781

(A) The superintendent of each city and exempted village	3782
school district and of each educational service center shall, for	3783
the schools under the superintendent's supervision, certify to the	3784
state board of education on or before the fifteenth day of October	3785
in each year for the first full school week in October the formula	3786
ADM, which. Beginning in fiscal year 2005, each superintendent	3787
also shall certify to the state board, for the schools under the	3788
superintendent's supervision, on or before the twentieth day of	3789
March of each year, the formula ADM for the week containing the	3790
eighth day of March. The formula ADM shall consist of the average	3791
daily membership during such week of the sum of the following:	3792

(1) On an FTE basis, the number of students in grades	3793
kindergarten through twelve receiving any educational services	3794
from the district, except that the following categories of	3795
students shall not be included in the determination:	3796

(a) Students enrolled in adult education classes;

3797

(b) Adjacent or other district students enrolled in the	3798
district under an open enrollment policy pursuant to section	3799
3313.98 of the Revised Code;	3800

(c) Students receiving services in the district pursuant to a	3801
compact, cooperative education agreement, or a contract, but who	3802
are entitled to attend school in another district pursuant to	3803
section 3313.64 or 3313.65 of the Revised Code;	3804

(d) Students for whom tuition is payable pursuant to sections	3805
3317.081 and 3323.141 of the Revised Code.	3806

(2) On an FTE basis, the number of students entitled to	3807
attend school in the district pursuant to section 3313.64 or	3808
3313.65 of the Revised Code, but receiving educational services in	3809
grades kindergarten through twelve from one or more of the	3810
following entities:	3811

(a) A community school pursuant to Chapter 3314. of the	3812
Revised Code, including any participation in a college pursuant to	3813
Chapter 3365. of the Revised Code while enrolled in such community	3814
school;	3815

(b) An alternative school pursuant to sections 3313.974 to	3816
3313.979 of the Revised Code as described in division (I)(2)(a) or	3817
(b) of this section;	3818

(c) A college pursuant to Chapter 3365. of the Revised Code,	3819
except when the student is enrolled in the college while also	3820
enrolled in a community school pursuant to Chapter 3314. of the	3821
Revised Code;	3822

(d) An adjacent or other school district under an open	3823
enrollment policy adopted pursuant to section 3313.98 of the	3824
Revised Code;	3825

(e) An educational service center or cooperative education	3826
district;	3827

(f) Another school district under a cooperative education	3828
agreement, compact, or contract.	3829

(3) One-fourth of the number of students enrolled in a joint	3830
vocational school district or under a vocational education	3831
compact, excluding any students entitled to attend school in the	3832
district under section 3313.64 or 3313.65 of the Revised Code who	3833
are enrolled in another school district through an open enrollment	3834
policy as reported under division (A)(2)(d) of this section and	3835
then enroll in a joint vocational school district or under a	3836
vocational education compact;	3837

(4) The number of handicapped children, other than	3838
handicapped preschool children, entitled to attend school in the	3839
district pursuant to section 3313.64 or 3313.65 of the Revised	3840
Code who are placed with a county MR/DD board, minus the number of	3841
such children placed with a county MR/DD board in fiscal year	3842
1998. If this calculation produces a negative number, the number	3843
reported under division (A)(4) of this section shall be zero.	3844

(B) To enable the department of education to obtain the data	3845
needed to complete the calculation of payments pursuant to this	3846
chapter, in addition to the formula ADM, each superintendent shall	3847
report separately the following student counts for the same week	3848
for which formula ADM is certified:	3849

(1) The total average daily membership in regular day classes	3850
included in the report under division (A)(1) or (2) of this	3851
section for kindergarten, and each of grades one through twelve in	3852
schools under the superintendent's supervision;	3853

(2) The number of all handicapped preschool children enrolled	3854
as of the first day of December in classes in the district that	3855
are eligible for approval by the state board of education under	3856
division (B) of section 3317.05 of the Revised Code and the number	3857
of those classes, which shall be reported not later than the	3858
fifteenth day of December, in accordance with rules adopted under	3859
that section;	3860

(3) The number of children entitled to attend school in the	3861
district pursuant to section 3313.64 or 3313.65 of the Revised	3862
Code who are participating in a pilot project scholarship program	3863
established under sections 3313.974 to 3313.979 of the Revised	3864
Code as described in division (I)(2)(a) or (b) of this section,	3865
are enrolled in a college under Chapter 3365. of the Revised Code,	3866
except when the student is enrolled in the college while also	3867
enrolled in a community school pursuant to Chapter 3314. of the	3868
Revised Code, are enrolled in an adjacent or other school district	3869
under section 3313.98 of the Revised Code, are enrolled in a	3870
community school established under Chapter 3314. of the Revised	3871
Code, including any participation in a college pursuant to Chapter	3872
3365. of the Revised Code while enrolled in such community school,	3873
or are participating in a program operated by a county MR/DD board	3874
or a state institution;	3875

(4) The number of pupils enrolled in joint vocational	3876
schools;	3877

(5) The average daily membership of handicapped children	3878
reported under division (A)(1) or (2) of this section receiving	3879
special education services for the category one handicap described	3880
in division (A) of section 3317.013 of the Revised Code;	3881

(6) The average daily membership of handicapped children	3882
reported under division (A)(1) or (2) of this section receiving	3883
special education services for category two handicaps described in	3884
division (B) of section 3317.013 of the Revised Code;	3885

(7) The average daily membership of handicapped children	3886
reported under division (A)(1) or (2) of this section receiving	3887
special education services for category three handicaps described	3888
in division (C) of section 3317.013 of the Revised Code;	3889

(8) The average daily membership of handicapped children	3890
reported under division (A)(1) or (2) of this section receiving	3891
special education services for category four handicaps described	3892
in division (D) of section 3317.013 of the Revised Code;	3893

(9) The average daily membership of handicapped children	3894
reported under division (A)(1) or (2) of this section receiving	3895
special education services for the category five handicap	3896
described in division (E) of section 3317.013 of the Revised Code;	3897

(10) The average daily membership of handicapped children	3898
reported under division (A)(1) or (2) of this section receiving	3899
special education services for category six handicaps described in	3900
division (F) of section 3317.013 of the Revised Code;	3901

(11) The average daily membership of pupils reported under	3902
division (A)(1) or (2) of this section enrolled in category one	3903
vocational education programs or classes, described in division	3904
(A) of section 3317.014 of the Revised Code, operated by the	3905
school district or by another district, other than a joint	3906
vocational school district, or by an educational service center;	3907

(12) The average daily membership of pupils reported under	3908
division (A)(1) or (2) of this section enrolled in category two	3909
vocational education programs or services, described in division	3910
(B) of section 3317.014 of the Revised Code, operated by the	3911
school district or another school district, other than a joint	3912
vocational school district, or by an educational service center;	3913

(13) The average number of children transported by the school	3914
district on board-owned or contractor-owned and -operated buses,	3915
reported in accordance with rules adopted by the department of	3916
education;	3917

(14)(a) The number of children, other than handicapped	3918
preschool children, the district placed with a county MR/DD board	3919
in fiscal year 1998;	3920

(b) The number of handicapped children, other than	3921
handicapped preschool children, placed with a county MR/DD board	3922
in the current fiscal year to receive special education services	3923
for the category one handicap described in division (A) of section	3924
3317.013 of the Revised Code;	3925

(c) The number of handicapped children, other than	3926
handicapped preschool children, placed with a county MR/DD board	3927
in the current fiscal year to receive special education services	3928
for category two handicaps described in division (B) of section	3929
3317.013 of the Revised Code;	3930

(d) The number of handicapped children, other than	3931
handicapped preschool children, placed with a county MR/DD board	3932
in the current fiscal year to receive special education services	3933
for category three handicaps described in division (C) of section	3934
3317.013 of the Revised Code;	3935

(e) The number of handicapped children, other than	3936
handicapped preschool children, placed with a county MR/DD board	3937
in the current fiscal year to receive special education services	3938
for category four handicaps described in division (D) of section	3939
3317.013 of the Revised Code;	3940

(f) The number of handicapped children, other than	3941
handicapped preschool children, placed with a county MR/DD board	3942
in the current fiscal year to receive special education services	3943
for the category five handicap described in division (E) of	3944
section 3317.013 of the Revised Code;	3945

(g) The number of handicapped children, other than	3946
handicapped preschool children, placed with a county MR/DD board	3947
in the current fiscal year to receive special education services	3948
for category six handicaps described in division (F) of section	3949
3317.013 of the Revised Code.	3950

(C)(1) Except as otherwise provided in this section for	3951
kindergarten students, the average daily membership in divisions	3952
(B)(1) to (12) of this section shall be based upon the number of	3953
full-time equivalent students. The state board of education shall	3954
adopt rules defining full-time equivalent students and for	3955
determining the average daily membership therefrom for the	3956
purposes of divisions (A), (B), and (D) of this section.	3957

(2) A student enrolled in a community school established	3958
under Chapter 3314. of the Revised Code shall be counted in the	3959
formula ADM and, if applicable, the category one, two, three,	3960
four, five, or six special education ADM of the school district in	3961
which the student is entitled to attend school under section	3962
3313.64 or 3313.65 of the Revised Code for the same proportion of	3963
the school year that the student is counted in the enrollment of	3964
the community school for purposes of section 3314.08 of the	3965
Revised Code.	3966

(3) No child shall be counted as more than a total of one	3967
child in the sum of the average daily memberships of a school	3968
district under division (A), divisions (B)(1) to (12), or division	3969
(D) of this section, except as follows:	3970

(a) A child with a handicap described in section 3317.013 of	3971
the Revised Code may be counted both in formula ADM and in	3972
category one, two, three, four, five, or six special education ADM	3973
and, if applicable, in category one or two vocational education	3974
ADM. As provided in division (C) of section 3317.02 of the Revised	3975
Code, such a child shall be counted in category one, two, three,	3976
four, five, or six special education ADM in the same proportion	3977
that the child is counted in formula ADM.	3978

(b) A child enrolled in vocational education programs or	3979
classes described in section 3317.014 of the Revised Code may be	3980
counted both in formula ADM and category one or two vocational	3981
education ADM and, if applicable, in category one, two, three,	3982
four, five, or six special education ADM. Such a child shall be	3983
counted in category one or two vocational education ADM in the	3984
same proportion as the percentage of time that the child spends in	3985
the vocational education programs or classes.	3986

(4) Based on the information reported under this section, the	3987
department of education shall determine the total student count,	3988
as defined in section 3301.011 of the Revised Code, for each	3989
school district.	3990

(D)(1) The superintendent of each joint vocational school	3991
district shall certify to the superintendent of public instruction	3992
on or before the fifteenth day of October in each year for the	3993
first full school week in October the formula ADM, which.	3994
Beginning in fiscal year 2005, each superintendent also shall	3995
certify to the state superintendent, on or before the twentieth	3996
day of March of each year, the formula ADM for the week containing	3997
the eighth day of March. The formula ADM, except as otherwise	3998
provided in this division, shall consist of the average daily	3999
membership during such week, on an FTE basis, of the number of	4000
students receiving any educational services from the district,	4001
including students enrolled in a community school established	4002
under Chapter 3314. of the Revised Code who are attending the	4003
joint vocational district under an agreement between the district	4004
board of education and the governing authority of the community	4005
school and are entitled to attend school in a city, local, or	4006
exempted village school district whose territory is part of the	4007
territory of the joint vocational district.	4008

The following categories of students shall not be included in	4009
the determination made under division (D)(1) of this section:	4010

(a) Students enrolled in adult education classes;

4011

(b) Adjacent or other district joint vocational students	4012
enrolled in the district under an open enrollment policy pursuant	4013
to section 3313.98 of the Revised Code;	4014

(c) Students receiving services in the district pursuant to a	4015
compact, cooperative education agreement, or a contract, but who	4016
are entitled to attend school in a city, local, or exempted	4017
village school district whose territory is not part of the	4018
territory of the joint vocational district;	4019

(d) Students for whom tuition is payable pursuant to sections	4020
3317.081 and 3323.141 of the Revised Code.	4021

(2) To enable the department of education to obtain the data	4022
needed to complete the calculation of payments pursuant to this	4023
chapter, in addition to the formula ADM, each superintendent shall	4024
report separately the average daily membership included in the	4025
report under division (D)(1) of this section for each of the	4026
following categories of students for the same week for which	4027
formula ADM is certified:	4028

(a) Students enrolled in each grade included in the joint	4029
vocational district schools;	4030

(b) Handicapped children receiving special education services	4031
for the category one handicap described in division (A) of section	4032
3317.013 of the Revised Code;	4033

(c) Handicapped children receiving special education services	4034
for the category two handicaps described in division (B) of	4035
section 3317.013 of the Revised Code;	4036

(d) Handicapped children receiving special education services	4037
for category three handicaps described in division (C) of section	4038
3317.013 of the Revised Code;	4039

(e) Handicapped children receiving special education services	4040
for category four handicaps described in division (D) of section	4041
3317.013 of the Revised Code;	4042

(f) Handicapped children receiving special education services	4043
for the category five handicap described in division (E) of	4044
section 3317.013 of the Revised Code;	4045

(g) Handicapped children receiving special education services	4046
for category six handicaps described in division (F) of section	4047
3317.013 of the Revised Code;	4048

(h) Students receiving category one vocational education	4049
services, described in division (A) of section 3317.014 of the	4050
Revised Code;	4051

(i) Students receiving category two vocational education	4052
services, described in division (B) of section 3317.014 of the	4053
Revised Code.	4054

The superintendent of each joint vocational school district	4055
shall also indicate the city, local, or exempted village school	4056
district in which each joint vocational district pupil is entitled	4057
to attend school pursuant to section 3313.64 or 3313.65 of the	4058
Revised Code.	4059

(E) In each school of each city, local, exempted village,	4060
joint vocational, and cooperative education school district there	4061
shall be maintained a record of school membership, which record	4062
shall accurately show, for each day the school is in session, the	4063
actual membership enrolled in regular day classes. For the purpose	4064
of determining average daily membership, the membership figure of	4065
any school shall not include any pupils except those pupils	4066
described by division (A) of this section. The record of	4067
membership for each school shall be maintained in such manner that	4068
no pupil shall be counted as in membership prior to the actual	4069
date of entry in the school and also in such manner that where for	4070
any cause a pupil permanently withdraws from the school that pupil	4071
shall not be counted as in membership from and after the date of	4072
such withdrawal. There shall not be included in the membership of	4073
any school any of the following:	4074

(1) Any pupil who has graduated from the twelfth grade of a	4075
public high school;	4076

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

4077

(3) Any pupil who was enrolled in the schools of the district	4078
during the previous school year when tests were administered under	4079
section 3301.0711 of the Revised Code but did not take one or more	4080
of the tests required by that section and was not excused pursuant	4081
to division (C)(1) of that section;	4082

(4) Any pupil who has attained the age of twenty-two years,	4083
except for veterans of the armed services whose attendance was	4084
interrupted before completing the recognized twelve-year course of	4085
the public schools by reason of induction or enlistment in the	4086
armed forces and who apply for reenrollment in the public school	4087
system of their residence not later than four years after	4088
termination of war or their honorable discharge.	4089

If, however, any veteran described by division (E)(4) of this	4090
section elects to enroll in special courses organized for veterans	4091
for whom tuition is paid under the provisions of federal laws, or	4092
otherwise, that veteran shall not be included in average daily	4093
membership.	4094

Notwithstanding division (E)(3) of this section, the	4095
membership of any school may include a pupil who did not take a	4096
test required by section 3301.0711 of the Revised Code if the	4097
superintendent of public instruction grants a waiver from the	4098
requirement to take the test to the specific pupil. The	4099
superintendent may grant such a waiver only for good cause in	4100
accordance with rules adopted by the state board of education.	4101

Except as provided in divisions (B)(2) and (F) of this	4102
section, the average daily membership figure of any local, city,	4103
exempted village, or joint vocational school district shall be	4104
determined by dividing the figure representing the sum of the	4105
number of pupils enrolled during each day the school of attendance	4106
is actually open for instruction during the first full school week	4107
in Octoberfor which the formula ADM is being certified by the	4108
total number of days the school was actually open for instruction	4109
during that week. For purposes of state funding, "enrolled"	4110
persons are only those pupils who are attending school, those who	4111
have attended school during the current school year and are absent	4112
for authorized reasons, and those handicapped children currently	4113
receiving home instruction.	4114

The average daily membership figure of any cooperative	4115
education school district shall be determined in accordance with	4116
rules adopted by the state board of education.	4117

(F)(1) If the formula ADM for the first full school week in	4118
February is at least three per cent greater than that certified	4119
for the first full school week in the preceding October, the	4120
superintendent of schools of any city, exempted village, or joint	4121
vocational school district or educational service center shall	4122
certify such increase to the superintendent of public instruction.	4123
Such certification shall be submitted no later than the fifteenth	4124
day of February. For the balance of the fiscal year, beginning	4125
with the February payments, the superintendent of public	4126
instruction shall use the increased formula ADM in calculating or	4127
recalculating the amounts to be allocated in accordance with	4128
section 3317.022 or 3317.16 of the Revised Code. In no event shall	4129
the superintendent use an increased membership certified to the	4130
superintendent after the fifteenth day of February. Division	4131
(F)(1) of this section does not apply after fiscal year 2004.	4132

(2) If on the first school day of April the total number of	4133
classes or units for handicapped preschool children that are	4134
eligible for approval under division (B) of section 3317.05 of the	4135
Revised Code exceeds the number of units that have been approved	4136
for the year under that division, the superintendent of schools of	4137
any city, exempted village, or cooperative education school	4138
district or educational service center shall make the	4139
certifications required by this section for that day. If the state	4140
board of education determines additional units can be approved for	4141
the fiscal year within any limitations set forth in the acts	4142
appropriating moneys for the funding of such units, the board	4143
shall approve additional units for the fiscal year on the basis of	4144
such average daily membership. For each unit so approved, the	4145
department of education shall pay an amount computed in the manner	4146
prescribed in section 3317.052 or 3317.19 and section 3317.053 of	4147
the Revised Code.	4148

(3) If a student attending a community school under Chapter	4149
3314. of the Revised Code is not included in the formula ADM	4150
certified for the first full school week of October for the school	4151
district in which the student is entitled to attend school under	4152
section 3313.64 or 3313.65 of the Revised Code, the department of	4153
education shall adjust the formula ADM of that school district to	4154
include the community school student in accordance with division	4155
(C)(2) of this section, and shall recalculate the school	4156
district's payments under this chapter for the entire fiscal year	4157
on the basis of that adjusted formula ADM. This requirement	4158
applies regardless of whether the student was enrolled, as defined	4159
in division (E) of this section, in the community school during	4160
the first full school week in October.	4161

(G)(1)(a) The superintendent of an institution operating a	4162
special education program pursuant to section 3323.091 of the	4163
Revised Code shall, for the programs under such superintendent's	4164
supervision, certify to the state board of education the average	4165
daily membership of all handicapped children in classes or	4166
programs approved annually by the state board of education, in the	4167
manner prescribed by the superintendent of public instruction.	4168

(b) The superintendent of an institution with vocational	4169
education units approved under division (A) of section 3317.05 of	4170
the Revised Code shall, for the units under the superintendent's	4171
supervision, certify to the state board of education the average	4172
daily membership in those units, in the manner prescribed by the	4173
superintendent of public instruction.	4174

(2) The superintendent of each county MR/DD board that	4175
maintains special education classes under section 3317.20 of the	4176
Revised Code or units approved by the state board of education	4177
pursuant to section 3317.05 of the Revised Code shall do both of	4178
the following:	4179

(a) Certify to the state board, in the manner prescribed by	4180
the board, the average daily membership in classes under section	4181
3317.20 of the Revised Code for each school district that has	4182
placed children in the classes;	4183

(b) Certify to the state board, in the manner prescribed by	4184
the board, the number of all handicapped preschool children	4185
enrolled as of the first day of December in classes eligible for	4186
approval under division (B) of section 3317.05 of the Revised	4187
Code, and the number of those classes.	4188

(3)(a) If on the first school day of April the number of	4189
classes or units maintained for handicapped preschool children by	4190
the county MR/DD board that are eligible for approval under	4191
division (B) of section 3317.05 of the Revised Code is greater	4192
than the number of units approved for the year under that	4193
division, the superintendent shall make the certification required	4194
by this section for that day.	4195

(b) If the state board determines that additional classes or	4196
units can be approved for the fiscal year within any limitations	4197
set forth in the acts appropriating moneys for the funding of the	4198
classes and units described in division (G)(3)(a) of this section,	4199
the board shall approve and fund additional units for the fiscal	4200
year on the basis of such average daily membership. For each unit	4201
so approved, the department of education shall pay an amount	4202
computed in the manner prescribed in sections 3317.052 and	4203
3317.053 of the Revised Code.	4204

(H) Except as provided in division (I) of this section, when	4205
any city, local, or exempted village school district provides	4206
instruction for a nonresident pupil whose attendance is	4207
unauthorized attendance as defined in section 3327.06 of the	4208
Revised Code, that pupil's membership shall not be included in	4209
that district's membership figure used in the calculation of that	4210
district's formula ADM or included in the determination of any	4211
unit approved for the district under section 3317.05 of the	4212
Revised Code. The reporting official shall report separately the	4213
average daily membership of all pupils whose attendance in the	4214
district is unauthorized attendance, and the membership of each	4215
such pupil shall be credited to the school district in which the	4216
pupil is entitled to attend school under division (B) of section	4217
3313.64 or section 3313.65 of the Revised Code as determined by	4218
the department of education.	4219

(I)(1) A city, local, exempted village, or joint vocational	4220
school district admitting a scholarship student of a pilot project	4221
district pursuant to division (C) of section 3313.976 of the	4222
Revised Code may count such student in its average daily	4223
membership.	4224

(2) In any year for which funds are appropriated for pilot	4225
project scholarship programs, a school district implementing a	4226
state-sponsored pilot project scholarship program that year	4227
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	4228
count in average daily membership:	4229

(a) All children residing in the district and utilizing a	4230
scholarship to attend kindergarten in any alternative school, as	4231
defined in section 3313.974 of the Revised Code;	4232

(b) All children who were enrolled in the district in the	4233
preceding year who are utilizing a scholarship to attend any such	4234
alternative school.	4235

(J) The superintendent of each cooperative education school	4236
district shall certify to the superintendent of public	4237
instruction, in a manner prescribed by the state board of	4238
education, the applicable average daily memberships for all	4239
students in the cooperative education district, also indicating	4240
the city, local, or exempted village district where each pupil is	4241
entitled to attend school under section 3313.64 or 3313.65 of the	4242
Revised Code.	4243

Sec. 3317.04.  The amount paid to school districts in each	4244
fiscal year under Chapter 3317. of the Revised Code shall not be	4245
less than the following:	4246

(A) In the case of a district created under section 3311.26	4247
or 3311.37 of the Revised Code, the amount paid shall not be less,	4248
in any of the three succeeding fiscal years following the	4249
creation, than the sum of the amounts allocated under Chapter	4250
3317. of the Revised Code to the districts separately in the year	4251
of the creation.	4252

(B) In the case of a school district which is transferred to	4253
another school district or districts, pursuant to section 3311.22,	4254
3311.231, or 3311.38 of the Revised Code, the amount paid to the	4255
district accepting the transferred territory shall not be less, in	4256
any of the three succeeding fiscal years following the transfer,	4257
than the sum of the amounts allocated under Chapter 3317. of the	4258
Revised Code to the districts separately in the year of the	4259
consummation of the transfer.	4260

(C) In the case of any school district, the amount paid under	4261
Chapter 3317. of the Revised Code to the district in the fiscal	4262
year of distribution shall not be less than that paid under such	4263
chapter in the preceding fiscal year, less any amount paid in that	4264
preceding fiscal year under section 3317.0216 of the Revised Code,	4265
if in the calendar year ending the thirty-first day of December	4266
preceding the fiscal year of distribution, the county auditor of	4267
the county to which the district has been assigned by the	4268
department of education for administrative purposes has completed	4269
reassessment of all real estate within histhe county, or the tax	4270
duplicate of that county was increased by the application of a	4271
uniform taxable value per cent of true value pursuant to a rule or	4272
order of the tax commissioner and the revised valuations were	4273
entered on the tax list and duplicate. Notwithstanding sections	4274
3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised	4275
Code, this minimum guarantee is applicable only during the fiscal	4276
year immediately following the reassessment or application.	4277

(D) In the case of any school district that has territory in	4278
three or more counties, each of which contains at least twenty per	4279
cent of the district's territory, the amount paid under Chapter	4280
3317. of the Revised Code to the district in the fiscal year of	4281
distribution shall not be less than that paid under such chapter	4282
in the preceding fiscal year, less any amount paid in that	4283
preceding fiscal year under section 3317.0216 of the Revised Code,	4284
if in the calendar year ending the thirty-first day of December	4285
preceding the fiscal year of distribution, the county auditor of	4286
any such county completed reassessment of all real estate within	4287
histhe county, or the tax duplicate of any such county was	4288
increased by the application of a uniform taxable value per cent	4289
of true value pursuant to a rule or order of the tax commissioner	4290
and the revised valuations were entered on the tax list and	4291
duplicate. Notwithstanding sections 3311.22, 3311.231, 3311.26,	4292
3311.37, and 3311.38 of the Revised Code, this minimum guarantee	4293
is applicable only during the fiscal year immediately following	4294
the reassessment or application.	4295

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	4296
and 3311.38 of the Revised Code, the minimum guarantees prescribed	4297
by divisions (A) and (B) of this section shall not affect the	4298
amount of aid received by a school district for more than three	4299
consecutive years.	4300

Sec. 3317.08.  A board of education may admit to its schools	4301
a child it is not required by section 3313.64 or 3313.65 of the	4302
Revised Code to admit, if tuition is paid for the child.	4303

Unless otherwise provided by law, tuition shall be computed	4304
in accordance with this section. A district's tuition charge for a	4305
school year shall be one of the following:	4306

(A) For any child, except a handicapped preschool child	4307
described in division (B) of this section, the quotient obtained	4308
by dividing the sum of the amounts described in divisions (A)(1)	4309
and (2) of this section by the district's formula ADM.	4310

(1) The district's total taxes charged and payable for	4311
current expenses for the tax year preceding the tax year in which	4312
the school year begins as certified under division (A)(3) of	4313
section 3317.021 of the Revised Code.	4314

(2) The district's total taxes collected for current expenses	4315
under a school district income tax adopted pursuant to section	4316
5748.03 or 5748.08 of the Revised Code that are disbursed to the	4317
district during the fiscal year. On or before the first day of	4318
June of each year, the tax commissioner shall certify the amount	4319
to be used in the calculation under this division for the next	4320
fiscal year to the department of education for each city, local,	4321
and exempted village school district that levies a school district	4322
income tax.	4323

(B) For any handicapped preschool child not included in a	4324
unit approved under division (B) of section 3317.05 of the Revised	4325
Code, an amount computed for the school year as follows:	4326

(1) For each type of special education service provided to	4327
the child for whom tuition is being calculated, determine the	4328
amount of the district's operating expenses in providing that type	4329
of service to all handicapped preschool children not included in	4330
units approved under division (B) of section 3317.05 of the	4331
Revised Code;	4332

(2) For each type of special education service for which	4333
operating expenses are determined under division (B)(1) of this	4334
section, determine the amount of such operating expenses that was	4335
paid from any state funds received under this chapter;	4336

(3) For each type of special education service for which	4337
operating expenses are determined under division (B)(1) of this	4338
section, divide the difference between the amount determined under	4339
division (B)(1) of this section and the amount determined under	4340
division (B)(2) of this section by the total number of handicapped	4341
preschool children not included in units approved under division	4342
(B) of section 3317.05 of the Revised Code who received that type	4343
of service;	4344

(4) Determine the sum of the quotients obtained under	4345
division (B)(3) of this section for all types of special education	4346
services provided to the child for whom tuition is being	4347
calculated.	4348

The state board of education shall adopt rules defining the	4349
types of special education services and specifying the operating	4350
expenses to be used in the computation under this section.	4351

If any child for whom a tuition charge is computed under this	4352
section for any school year is enrolled in a district for only	4353
part of that school year, the amount of the district's tuition	4354
charge for the child for the school year shall be computed in	4355
proportion to the number of school days the child is enrolled in	4356
the district during the school year.	4357

Except as otherwise provided in division (I)(J) of section	4358
3313.64 of the Revised Code, whenever a district admits a child to	4359
its schools for whom tuition computed in accordance with this	4360
section is an obligation of another school district, the amount of	4361
the tuition shall be certified by the treasurer of the board of	4362
education of the district of attendance, to the board of education	4363
of the district required to pay tuition for its approval and	4364
payment. If agreement as to the amount payable or the district	4365
required to pay the tuition cannot be reached, or the board of	4366
education of the district required to pay the tuition refuses to	4367
pay that amount, the board of education of the district of	4368
attendance shall notify the superintendent of public instruction.	4369
The superintendent shall determine the correct amount and the	4370
district required to pay the tuition and shall deduct that amount,	4371
if any, under division (G) of section 3317.023 of the Revised	4372
Code, from the district required to pay the tuition and add that	4373
amount to the amount allocated to the district attended under such	4374
division. The superintendent of public instruction shall send to	4375
the district required to pay the tuition an itemized statement	4376
showing such deductions at the time of such deduction.	4377

When a political subdivision owns and operates an airport,	4378
welfare, or correctional institution or other project or facility	4379
outside its corporate limits, the territory within which the	4380
facility is located is exempt from taxation by the school district	4381
within which such territory is located, and there are school age	4382
children residing within such territory, the political subdivision	4383
owning such tax exempt territory shall pay tuition to the district	4384
in which such children attend school. The tuition for these	4385
children shall be computed as provided for in this section.	4386

Sec. 3334.01.  As used in this chapter:

4387

(A) "Aggregate original principal amount" means the aggregate	4388
of the initial offering prices to the public of college savings	4389
bonds, exclusive of accrued interest, if any. "Aggregate original	4390
principal amount" does not mean the aggregate accreted amount	4391
payable at maturity or redemption of such bonds.	4392

(B) "Beneficiary" means:

4393

(1) An individual designated by the purchaser under a tuition	4394
payment contract or through a scholarship program as the	4395
individual on whose behalf tuition credits purchased under the	4396
contract or awarded through the scholarship program will be	4397
applied toward the payment of undergraduate, graduate, or	4398
professional tuition; or	4399

(2) An individual designated by the contributor under a	4400
variable college savings program contract as the individual whose	4401
tuition and other higher education expenses will be paid from a	4402
variable college savings program account.	4403

(C) "Capital appreciation bond" means a bond for which the	4404
following is true:	4405

(1) The principal amount is less than the amount payable at	4406
maturity or early redemption; and	4407

(2) No interest is payable on a current basis.

4408

(D) "Tuition credit" means a credit of the Ohio tuition trust	4409
authority purchased under section 3334.09 of the Revised Code.	4410

(E) "College savings bonds" means revenue and other	4411
obligations issued on behalf of the state or any agency or issuing	4412
authority thereof as a zero-coupon or capital appreciation bond,	4413
and designated as college savings bonds as provided in this	4414
chapter. "College savings bond issue" means any issue of bonds of	4415
which any part has been designated as college savings bonds.	4416

(F) "Institution of higher education" means a state	4417
institution of higher education, a private college, university, or	4418
other postsecondary institution located in this state that	4419
possesses a certificate of authorization issued by the Ohio board	4420
of regents pursuant to Chapter 1713. of the Revised Code or a	4421
certificate of registration issued by the state board of career	4422
colleges and schools under Chapter 3332. of the Revised Code, or	4423
an accredited college, university, or other postsecondary	4424
institution located outside this state that is accredited by an	4425
accrediting organization or professional association recognized by	4426
the authority. To be considered an institution of higher	4427
education, an institution shall meet the definition of an eligible	4428
educational institution under section 529 of the Internal Revenue	4429
Code.	4430

(G) "Issuing authority" means any authority, commission,	4431
body, agency, or individual empowered by the Ohio Constitution or	4432
the Revised Code to issue bonds or any other debt obligation of	4433
the state or any agency or department thereof. "Issuer" means the	4434
issuing authority or, if so designated under division (B) of	4435
section 3334.04 of the Revised Code, the treasurer of state.	4436

(H) "Tuition" means the charges imposed to attend an	4437
institution of higher education as an undergraduate, graduate, or	4438
professional student and all fees required as a condition of	4439
enrollment, as determined by the Ohio tuition trust authority.	4440
"Tuition" does not include laboratory fees, room and board, or	4441
other similar fees and charges.	4442

(I) "Weighted average tuition" means the tuition cost	4443
resulting from the following calculation:	4444

(1) Add the products of the annual undergraduate tuition	4445
charged to Ohio residents at each four-year state university	4446
multiplied by that institution's total number of undergraduate	4447
fiscal year equated students; and	4448

(2) Divide the gross total of the products from division	4449
(I)(1) of this section by the total number of undergraduate fiscal	4450
year equated students attending four-year state universities.	4451

(J) "Zero-coupon bond" means a bond which has a stated	4452
interest rate of zero per cent and on which no interest is payable	4453
until the maturity or early redemption of the bond, and is offered	4454
at a substantial discount from its original stated principal	4455
amount.	4456

(K) "State institution of higher education" includes the	4457
state universities listed in section 3345.011 of the Revised Code,	4458
community colleges created pursuant to Chapter 3354. of the	4459
Revised Code, university branches created pursuant to Chapter	4460
3355. of the Revised Code, technical colleges created pursuant to	4461
Chapter 3357. of the Revised Code, state community colleges	4462
created pursuant to Chapter 3358. of the Revised Code, the medical	4463
college of Ohio at Toledo, and the northeastern Ohio universities	4464
college of medicine.	4465

(L) "Four-year state university" means those state	4466
universities listed in section 3345.011 of the Revised Code.	4467

(M) "Principal amount" refers to the initial offering price	4468
to the public of an obligation, exclusive of the accrued interest,	4469
if any. "Principal amount" does not refer to the aggregate	4470
accreted amount payable at maturity or redemption of an	4471
obligation.	4472

(N) "Scholarship program" means a program registered with the	4473
Ohio tuition trust authority pursuant to section 3334.17 of the	4474
Revised Code.	4475

(O) "Internal Revenue Code" means the "Internal Revenue Code	4476
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	4477

(P) "Other higher education expenses" means room and board	4478
and books, supplies, equipment, and nontuition-related fees	4479
associated with the cost of attendance of a beneficiary at an	4480
institution of higher education, but only to the extent that such	4481
expenses meet the definition of "qualified higher education	4482
expenses" under section 529 of the Internal Revenue Code. "Other	4483
higher education expenses" does not include tuition as defined in	4484
division (H) of this section.	4485

(Q) "Purchaser" means the person signing the tuition payment	4486
contract, who controls the account and acquires tuition credits	4487
for an account under the terms and conditions of the contract.	4488

(R) "Contributor" means a person who signs a variable college	4489
savings program contract with the Ohio tuition trust authority and	4490
contributes to and owns the account created under the contract.	4491

(S) "Contribution" means any payment directly allocated to an	4492
account for the benefit of the designated beneficiary of the	4493
account.	4494

Sec. 3334.12.  Notwithstanding anything to the contrary in	4495
sections 3334.07 and 3334.09 of the Revised Code:	4496

(A) Annually, the Ohio tuition trust authority shall have the	4497
actuarial soundness of the Ohio tuition trust fund evaluated by a	4498
nationally recognized actuary and shall determine whether	4499
additional assets are necessary to defray the obligations of the	4500
authority. If, after the authority sets the price for tuition	4501
credits, circumstances arise that the executive director	4502
determines necessitate an additional evaluation of the actuarial	4503
soundness of the fund, the executive director shall have a	4504
nationally recognized actuary conduct the necessary evaluation. If	4505
the assets of the fund are insufficient to ensure the actuarial	4506
soundness of the fund, the authority shall adjust the price of	4507
subsequent purchases of tuition credits to the extent necessary to	4508
help restore the actuarial soundness of the fund. If, at any time,	4509
the adjustment is likely, in the opinion of the authority, to	4510
diminish the marketability of tuition credits to an extent that	4511
the continued sale of the credits likely would not restore the	4512
actuarial soundness of the fund and external economic factors	4513
continue to negatively impact the soundness of the program, the	4514
authority may suspend sales, either permanently or temporarily, of	4515
tuition credits. During any suspension, the authority shall	4516
continue to service existing college savings program accounts.	4517

(B) Upon termination of the program or liquidation of the	4518
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and	4519
the Ohio tuition trust operating fund, any remaining assets of the	4520
funds after all obligations of the funds have been satisfied	4521
pursuant to division (B) of section 3334.11 of the Revised Code	4522
shall be transferred to the general revenue fund of the state.	4523

(C) The authority shall prepare and cause to have audited an	4524
annual financial report on all financial activity of the Ohio	4525
tuition trust authority within ninety days of the end of the	4526
fiscal year. The authority shall transmit a copy of the audited	4527
financial report to the governor, the president of the senate, the	4528
speaker of the house of representatives, and the minority leaders	4529
of the senate and the house of representatives. Copies of the	4530
audited financial report also shall be made available, upon	4531
request, to the persons entering into contracts with the authority	4532
and to prospective purchasers of tuition credits and prospective	4533
contributors to variable college savings program accounts.	4534

Sec. 3334.17.  (A) The state, any political subdivision of	4535
the state, and any organization that is exempt from federal income	4536
taxation under section 501 (a) and described in section 501 (c)(3)	4537
of the Internal Revenue Code, including the Ohio tuition trust	4538
authority if this is authorized under federal tax law, may	4539
establish a scholarship program to award scholarships consisting	4540
of tuition creditscontributions made to any college savings	4541
program for students. Any scholarship program established under	4542
this section shall be registered with the Ohio tuition trust	4543
authority. The authority shall be notified of the name and address	4544
of each scholarship beneficiary under the program, the number of	4545
creditsamounts awarded, and the institution of higher education	4546
in which the beneficiary is enrolled. Scholarship beneficiaries	4547
shall be selected by the entity establishing the scholarship	4548
program, in accordance with criteria established by the entity.	4549

(B) Any person or governmental entity may purchase tuition	4550
credits on behalf of a scholarship program that is or is to be	4551
established in accordance with division (A) of this section at the	4552
same price as is established for the purchase of credits for named	4553
beneficiaries pursuant to this chapter. Tuition credits shall have	4554
the same value to the beneficiary of a scholarship awarded	4555
pursuant to this section as they would have to any other	4556
beneficiary pursuant to division (B) of section 3334.09 of the	4557
Revised Code.	4558

(C) The entity establishing and maintaining a scholarship	4559
program shall specify whether a scholarship beneficiary may	4560
receive a refund or payment for the tuition creditsamount awarded	4561
under the scholarship program directly from the tuition trust	4562
authority, or whether the amount of such creditsawarded shall be	4563
paid by the authority only to the institution of higher education	4564
in which the student is enrolled.	4565

(D) If a scholarship beneficiary does not use tuition credits	4566
the amount awarded within a length of time specified under the	4567
scholarship program, the creditsamount may be awarded to another	4568
beneficiary.	4569

Sec. 3334.19.  (A) The Ohio tuition trust authority shall	4570
adopt an investment plan that sets forth investment policies and	4571
guidelines to be utilized in administering the variable college	4572
savings program. Except as provided in section 3334.20 of the	4573
Revised Code, the authority shall contract with one or more	4574
insurance companies, banks, or other financial institutions to act	4575
as its investment agents and to provide such services as the	4576
authority considers appropriate to the investment plan, including:	4577

(1) Purchase, control, and safekeeping of assets;

4578

(2) Record keeping and accounting for individual accounts and	4579
for the program as a whole;	4580

(3) Provision of consolidated statements of account.

4581

(B) The authority or its investment agents shall maintain a	4582
separate account for the beneficiary of each contract entered into	4583
under the variable college savings program. If a beneficiary has	4584
more than one such account, the authority or its agents shall	4585
track total contributions and earnings and provide a consolidated	4586
system of account distributions to institutions of higher	4587
education.	4588

(C) The authority or its investment agents may place assets	4589
of the program in savings accounts and may purchase fixed or	4590
variable life insurance or annuity contracts, securities, evidence	4591
of indebtedness, or other investment products pursuant to the	4592
investment plan.	4593

(D) Contributors shall not direct the investment of their	4594
contributions under the investment plan. The authority shall	4595
impose other limits on contributors' investment discretion asto	4596
the extent required under section 529 of the Internal Revenue	4597
Code.	4598

(E) The investment agents with which the authority contracts	4599
shall discharge their duties with respect to program funds with	4600
the care and diligence that a prudent person familiar with such	4601
matters and with the character and aims of the program would use.	4602

(F) The assets of the program shall be preserved, invested,	4603
and expended solely for the purposes of this chapter and shall not	4604
be loaned or otherwise transferred or used by the state for any	4605
other purpose. This section shall not be construed to prohibit the	4606
investment agents of the authority from investing, by purchase or	4607
otherwise, in bonds, notes, or other obligations of the state or	4608
any agency or instrumentality of the state. Unless otherwise	4609
specified by the authority, assets of the program shall be	4610
expended in the following order of priority:	4611

(1) To make payments on behalf of beneficiaries;

4612

(2) To make refunds upon termination of variable college	4613
savings program contracts;	4614

(3) To pay the authority's costs of administering the program	4615
administration and operations;	4616

(4) To pay or cover any other expenditure or disbursement the	4617
authority determines necessary or appropriate.	4618

(G) Fees, charges, and other costs imposed or collected by	4619
the authority in connection with the variable college savings	4620
program, including any fees or other payments that the authority	4621
requires an investment agent to pay to the authority, shall be	4622
credited to the variable operating fund. The fund shall be in the	4623
custody of the treasurer of state, but shall not be part of the	4624
state treasury. Expenses incurred in the administration of the	4625
variable college savings program, as well as other expenses,	4626
disbursements, or payments the authority considers appropriate for	4627
the benefit of any college savings programs administered by the	4628
authority, the state of Ohio and its citizens, shall be paid from	4629
the variable operating fund.	4630

(H) No records of the authority indicating the identity of	4631
purchasers, contributors, and beneficiaries under the program or	4632
amounts contributed to, earned by, or distributed from program	4633
accounts are public records within the meaning of section 149.43	4634
of the Revised Code.	4635

Sec. 5705.412.  (A) As used in this section, "qualifying	4636
contract" means any agreement for the expenditure of money under	4637
which aggregate payments from the funds included in the school	4638
district's five-year forecast under section 5705.391 of the	4639
Revised Code will exceed the lesser of the following amounts:	4640

(1) Five hundred thousand dollars;

4641

(2) One per cent of the total revenue to be credited in the	4642
current fiscal year to the district's general fund, as specified	4643
in the district's most recent certificate of estimated resources	4644
certified under section 5705.36 of the Revised Code.	4645

(B) Notwithstanding section 5705.41 of the Revised Code, no	4646
school district shall adopt any appropriation measure, make any	4647
qualifying contract, or increase during any school year any wage	4648
or salary schedule unless there is attached thereto a certificate,	4649
signed as required by this section, that the school district has	4650
in effect the authorization to levy taxes including the renewal or	4651
replacement of existing levies which, when combined with the	4652
estimated revenue from all other sources available to the district	4653
at the time of certification, are sufficient to provide the	4654
operating revenues necessary to enable the district to maintain	4655
all personnel and programs for all the days set forth in its	4656
adopted school calendars for the current fiscal year and for a	4657
number of days in succeeding fiscal years equal to the number of	4658
days instruction was held or is scheduled for the current fiscal	4659
year, as follows:	4660

(1) A certificate attached to an appropriation measure under	4661
this section shall cover only the fiscal year in which the	4662
appropriation measure is effective and shall not consider the	4663
renewal or replacement of an existing levy as the authority to	4664
levy taxes that are subject to appropriation in the current fiscal	4665
year unless the renewal or replacement levy has been approved by	4666
the electors and is subject to appropriation in the current fiscal	4667
year.	4668

(2) A certificate attached, in accordance with this section,	4669
to any qualifying contract shall cover the term of the contract.	4670

(3) A certificate attached under this section to a wage or	4671
salary schedule shall cover the term of the schedule.	4672

If the board of education has not adopted a school calendar	4673
for the school year beginning on the first day of the fiscal year	4674
in which a certificate is required, the certificate attached to an	4675
appropriation measure shall include the number of days on which	4676
instruction was held in the preceding fiscal year and other	4677
certificates required under this section shall include that number	4678
of days for the fiscal year in which the certificate is required	4679
and any succeeding fiscal years that the certificate must cover.	4680

The certificate shall be signed by the treasurer and	4681
president of the board of education and the superintendent of the	4682
school district, unless the district is in a state of fiscal	4683
emergency declared under Chapter 3316. of the Revised Code. In	4684
that case, the certificate shall be signed by a member of the	4685
district's financial planning and supervision commission who is	4686
designated by the commission for this purpose.	4687

(C) Every qualifying contract made or wage or salary schedule	4688
adopted or put into effect without such a certificate shall be	4689
void, and no payment of any amount due thereon shall be made.	4690

(D) The department of education and the auditor of state	4691
jointly shall adopt rules governing the methods by which	4692
treasurers, presidents of boards of education, superintendents,	4693
and members of financial planning and supervision commissions	4694
shall estimate revenue and determine whether such revenue is	4695
sufficient to provide necessary operating revenue for the purpose	4696
of making certifications required by this section.	4697

(E) The auditor of state shall be responsible for determining	4698
whether school districts are in compliance with this section. At	4699
the time a school district is audited pursuant to section 117.11	4700
of the Revised Code, the auditor of state shall review each	4701
certificate issued under this section since the district's last	4702
audit, and the appropriation measure, contract, or wage and salary	4703
schedule to which such certificate was attached. If the auditor of	4704
state determines that a school district has not complied with this	4705
section with respect to any qualifying contract or wage or salary	4706
schedule, the auditor of state shall notify the prosecuting	4707
attorney for the county, the city director of law, or other chief	4708
law officer of the school district. That officer may file a civil	4709
action in any court of appropriate jurisdiction to seek a	4710
declaration that the contract or wage or salary schedule is void,	4711
to recover for the school district from the payee the amount of	4712
payments already made under it, or both, except that the officer	4713
shall not seek to recover payments made under any collective	4714
bargaining agreement entered into under Chapter 4117. of the	4715
Revised Code. If the officer does not file such an action within	4716
one hundred twenty days after receiving notice of noncompliance	4717
from the auditor of state, any taxpayer may institute the action	4718
in the taxpayer's own name on behalf of the school district.	4719

(F) This section does not apply to any contract or increase	4720
in any wage or salary schedule that is necessary in order to	4721
enable a board of education to comply with division (B) of section	4722
3317.13 of the Revised Code, provided the contract or increase	4723
does not exceed the amount required to be paid to be in compliance	4724
with such division.	4725

(G) Any officer, employee, or other person who expends or	4726
authorizes the expenditure of any public funds or authorizes or	4727
executes any contract or schedule contrary to this section,	4728
expends or authorizes the expenditure of any public funds on the	4729
void contract or schedule, or issues a certificate under this	4730
section which contains any false statements is liable to the	4731
school district for the full amount paid from the district's funds	4732
on the contract or schedule. The officer, employee, or other	4733
person is jointly and severally liable in person and upon any	4734
official bond that the officer, employee, or other person has	4735
given to the school district to the extent of any payments on the	4736
void claim, not to exceed ten thousand dollars. However, no	4737
officer, employee, or other person shall be liable for a mistaken	4738
estimate of available resources made in good faith and based upon	4739
reasonable grounds. If an officer, employee, or other person is	4740
found to have complied with rules jointly adopted by the	4741
department of education and the auditor of state under this	4742
section governing methods by which revenue shall be estimated and	4743
determined sufficient to provide necessary operating revenue for	4744
the purpose of making certifications required by this section, the	4745
officer, employee, or other person shall not be liable under this	4746
section if the estimates and determinations made according to	4747
those rules do not, in fact, conform with actual revenue. The	4748
prosecuting attorney of the county, the city director of law, or	4749
other chief law officer of the district shall enforce this	4750
liability by civil action brought in any court of appropriate	4751
jurisdiction in the name of and on behalf of the school district.	4752
If the prosecuting attorney, city director of law, or other chief	4753
law officer of the district fails, upon the written request of any	4754
taxpayer, to institute action for the enforcement of the	4755
liability, the attorney general, or the taxpayer in the taxpayer's	4756
own name, may institute the action on behalf of the subdivision.	4757

(H) This section does not require the attachment of an	4758
additional certificate beyond that required by section 5705.41 of	4759
the Revised Code for current payrolls of, or contracts of	4760
employment with, regularany employees or officers of the school	4761
district.	4762

This section does not require the attachment of a certificate	4763
to a temporary appropriation measure if all of the following	4764
apply:	4765

(1) The amount appropriated does not exceed twenty-five per	4766
cent of the total amount from all sources available for	4767
expenditure from any fund during the preceding fiscal year;	4768

(2) The measure will not be in effect on or after the	4769
thirtieth day following the earliest date on which the district	4770
may pass an annual appropriation measure;	4771

(3) An amended official certificate of estimated resources	4772
for the current year, if required, has not been certified to the	4773
board of education under division (B) of section 5705.36 of the	4774
Revised Code.	4775

Section 2. That existing sections 3301.079, 3301.0710,	4776
3301.0711, 3301.0712, 3301.0714, 3301.0715, 3301.801, 3301.91,	4777
3302.01, 3302.02, 3302.03, 3302.031, 3302.04, 3302.05, 3313.532,	4778
3313.6010, 3313.6012, 3313.61, 3313.611, 3313.612, 3313.64,	4779
3313.65, 3313.97, 3314.012, 3314.02, 3314.03, 3314.20, 3317.01,	4780
3317.023, 3317.03, 3317.04, 3317.08, 3334.01, 3334.12, 3334.17,	4781
3334.19, and 5705.412 and sections        Sec. 3301.0713.        Sec.  and 3365.15.  of the	4782
Revised Code are hereby repealed.	4783

Section 3. (A) In each school year prior to July 1, 2005, the	4784
performance index score, as defined in section 3302.01 of the	4785
Revised Code, as amended by this act, calculated for school	4786
districts and school buildings shall include data from any	4787
proficiency tests required to be administered under section	4788
3301.0712 in the applicable year, except that weights shall only	4789
be assigned for the four ranges of scores established by division	4790
(B) of this section.	4791

(B) For each proficiency test required to be administered	4792
pursuant to section 3301.0712 of the Revised Code, as amended by	4793
this act, the four ranges of scores used to denote different	4794
levels of achievement on each test shall be the same as the levels	4795
of achievement described in division (A)(2) of section 3301.0710	4796
of the Revised Code, as it existed prior to the effective date of	4797
this act.	4798

Section 4. That the version of section 3313.608 of the	4799
Revised Code that is scheduled to take effect July 1, 2003, be	4800
amended to read as follows:	4801

Sec. 3313.608.  (A) Beginning with students who enter third	4802
grade in the school year that starts July 1, 2003, for any student	4803
who attains a score in the range designated under division	4804
(A)(2)(d)(e) of section 3301.0710 of the Revised Code on the test	4805
prescribed under that section to measure skill in reading expected	4806
at the end of third grade, each school district, in accordance	4807
with the policy adopted under section 3313.609 of the Revised	4808
Code, shall do one of the following:	4809

(1) Promote the student to fourth grade if the student's	4810
principal and reading teacher agree that other evaluations of the	4811
student's skill in reading demonstrate that the student is	4812
academically prepared to be promoted to fourth grade;	4813

(2) Promote the student to fourth grade but provide the	4814
student with intensive intervention services in fourth grade;	4815

(3) Retain the student in third grade.

4816

This section does not apply to any student excused from	4817
taking such test under division (C)(1) of section 3301.0711 of the	4818
Revised Code.	4819

(B)(1) To assist students in meeting this third grade	4820
guarantee established by this section, each school district shall	4821
adopt policies and procedures with which it shall annually assess	4822
the reading skills of each student at the end of first and second	4823
grade and identify students who are reading below their grade	4824
level. If the diagnostic assessment to measure reading ability for	4825
the appropriate grade level has been developed in accordance with	4826
division (D)(1) of section 3301.079 of the Revised Code, each	4827
school district shall use such diagnostic assessment to identify	4828
such students, except that any district declared excellent under	4829
to which division (B)(1)(E) of section 3302.033301.0715 of the	4830
Revised Code applies may use another assessment to identify such	4831
students. The policies and procedures shall require the students'	4832
classroom teachers to be involved in the assessment and the	4833
identification of students reading below grade level. The district	4834
shall notify the parent or guardian of each student whose reading	4835
skills are below grade level and, in accordance with division (C)	4836
of this section, provide intervention services to each student	4837
reading below grade level. Such intervention services shall	4838
include instruction in intensive, systematic phonetics pursuant to	4839
rules adopted by the state board of education.	4840

(2) For each student entering third grade after July 1, 2003,	4841
who does not attain by the end of the third grade at least a score	4842
in the range designated under division (A)(2)(b)(c) of section	4843
3301.0710 of the Revised Code on the test prescribed under that	4844
section to measure skill in reading expected at the end of third	4845
grade, the district also shall offer intense remediation services,	4846
and another opportunity to take that test, during the summer	4847
following third grade.	4848

(C) For each student required to be offered intervention	4849
services under this section, the district shall involve the	4850
student's parent or guardian and classroom teacher in developing	4851
the intervention strategy, and shall offer to the parent or	4852
guardian the opportunity to be involved in the intervention	4853
services.	4854

(D) Any summer remediation services funded in whole or in	4855
part by the state and offered by school districts to students	4856
under this section shall meet the following conditions:	4857

(1) The remediation methods are based on reliable educational	4858
research.	4859

(2) The school districts conduct testing before and after	4860
students participate in the program to facilitate monitoring	4861
results of the remediation services.	4862

(3) The parents of participating students are involved in	4863
programming decisions.	4864

(4) The services are conducted in a school building or	4865
community center and not on an at-home basis.	4866

(E) In addition to the dates designated under division (C)(1)	4867
of section 3301.0710 of the Revised Code for the administration of	4868
the test prescribed under that section to measure skill in reading	4869
expected at the end of third grade, the state board of education	4870
shall annually designate dates on which such test shall be	4871
administered to students in the fourth and fifth grades who have	4872
not attained at least a score in the range designated under	4873
division (A)(2)(b) of section 3301.0710 of the Revised Code as	4874
follows:	4875

(1) One date prior to the thirty-first day of December each	4876
school year for fourth grade students;	4877

(2) One date that is not earlier than Monday of the week	4878
containing the eighth day of March each school year for fourth and	4879
fifth grade students;	4880

(3) One date during the summer for fourth grade students.

4881

(F) If any fourth grade student attains a score in the range	4882
designated under division (A)(2)(d) of section 3301.0710 of the	4883
Revised Code, on the test administered under division (E)(3) of	4884
this section, the school district, in accordance with the district	4885
policy adopted under section 3313.609 of the Revised Code, shall	4886
do one of the following:	4887

(1) Promote the student to fifth grade if the student's	4888
principal and reading teacher agree that other evaluations of the	4889
student's skill in reading demonstrate that the student is	4890
academically prepared to be promoted to fifth grade;	4891

(2) Promote the student to fifth grade but provide the	4892
student with intensive intervention services in fifth grade;	4893

(3) Retain the student in fourth grade.

4894

(G) This section does not create a new cause of action or a	4895
substantive legal right for any person.	4896

Section 5.  That the existing version of section 3313.608 of	4897
the Revised Code that is scheduled to take effect July 1, 2003, is	4898
hereby repealed.	4899

Section 6.  Sections 4 and 5 of this act take effect July 1,	4900
2003.	4901

Section 7. That the version of section 3313.65 of the Revised	4902
Code that is scheduled to take effect on January 1, 2004, be	4903
amended to read as follows:	4904

Sec. 3313.65.  (A) As used in this section and section	4905
3313.64 of the Revised Code:	4906

(1) A person is "in a residential facility" if the person is	4907
a resident or a resident patient of an institution, home, or other	4908
residential facility that is:	4909

(a) Licensed as a nursing home, residential care facility, or	4910
home for the aging by the director of health under section 3721.02	4911
of the Revised Code or licensed as a community alternative home by	4912
the director of health under section 3724.03 of the Revised Code;	4913

(b) Licensed as an adult care facility by the director of	4914
health under Chapter 3722. of the Revised Code;	4915

(c) Maintained as a county home or district home by the board	4916
of county commissioners or a joint board of county commissioners	4917
under Chapter 5155. of the Revised Code;	4918

(d) Operated or administered by a board of alcohol, drug	4919
addiction, and mental health services under section 340.03 or	4920
340.06 of the Revised Code, or provides residential care pursuant	4921
to contracts made under section 340.03 or 340.033 of the Revised	4922
Code;	4923

(e) Maintained as a state institution for the mentally ill	4924
under Chapter 5119. of the Revised Code;	4925

(f) Licensed by the department of mental health under section	4926
5119.20 or 5119.22 of the Revised Code;	4927

(g) Licensed as a residential facility by the department of	4928
mental retardation and developmental disabilities under section	4929
5123.19 of the Revised Code;	4930

(h) Operated by the veteran's administration or another	4931
agency of the United States government;	4932

(i) The Ohio soldiers' and sailors' home.

4933

(2) A person is "in a correctional facility" if any of the	4934
following apply:	4935

(a) The person is an Ohio resident and is:

4936

(i) Imprisoned, as defined in section 1.05 of the Revised	4937
Code;	4938

(ii) Serving a term in a community-based correctional	4939
facility or a district community-based correctional facility;	4940

(iii) Required, as a condition of parole, a post-release	4941
control sanction, a community control sanction, transitional	4942
control, or early release from imprisonment, as a condition of	4943
shock parole or shock probation granted under the law in effect	4944
prior to July 1, 1996, or as a condition of a furlough granted	4945
under the version of section 2967.26 of the Revised Code in effect	4946
prior to March 17, 1998, to reside in a halfway house or other	4947
community residential center licensed under section 2967.14 of the	4948
Revised Code or a similar facility designated by the court of	4949
common pleas that established the condition or by the adult parole	4950
authority.	4951

(b) The person is imprisoned in a state correctional	4952
institution of another state or a federal correctional institution	4953
but was an Ohio resident at the time the sentence was imposed for	4954
the crime for which the person is imprisoned.	4955

(3) A person is "in a juvenile residential placement" if the	4956
person is an Ohio resident who is under twenty-one years of age	4957
and has been removed, by the order of a juvenile court, from the	4958
place the person resided at the time the person became subject to	4959
the court's jurisdiction in the matter that resulted in the	4960
person's removal.	4961

(4) "Community control sanction" has the same meaning as in	4962
section 2929.01 of the Revised Code.	4963

(5) "Post-release control sanction" has the same meaning as	4964
in section 2967.01 of the Revised Code.	4965

(B) If the circumstances described in division (C) of this	4966
section apply, the determination of what school district must	4967
admit a child to its schools and what district, if any, is liable	4968
for tuition shall be made in accordance with this section, rather	4969
than section 3313.64 of the Revised Code.	4970

(C) A child who does not reside in the school district in	4971
which the child's parent resides and for whom a tuition obligation	4972
previously has not been established under division (C)(2) of	4973
section 3313.64 of the Revised Code shall be admitted to the	4974
schools of the district in which the child resides if at least one	4975
of the child's parents is in a residential or correctional	4976
facility or a juvenile residential placement and the other parent,	4977
if living and not in such a facility or placement, is not known to	4978
reside in this state.	4979

(D) Regardless of who has custody or care of the child,	4980
whether the child resides in a home, or whether the child receives	4981
special education, if a district admits a child under division (C)	4982
of this section, tuition shall be paid to that district as	4983
follows:	4984

(1) If the child's parent is in a juvenile residential	4985
placement, by the district in which the child's parent resided at	4986
the time the parent became subject to the jurisdiction of the	4987
juvenile court;	4988

(2) If the child's parent is in a correctional facility, by	4989
the district in which the child's parent resided at the time the	4990
sentence was imposed;	4991

(3) If the child's parent is in a residential facility, by	4992
the district in which the parent resided at the time the parent	4993
was admitted to the residential facility, except that if the	4994
parent was transferred from another residential facility, tuition	4995
shall be paid by the district in which the parent resided at the	4996
time the parent was admitted to the facility from which the parent	4997
first was transferred;	4998

(4) In the event of a disagreement as to which school	4999
district is liable for tuition under division (C)(1), (2), or (3)	5000
of this section, the superintendent of public instruction shall	5001
determine which district shall pay tuition.	5002

(E) If a child covered by division (D) of this section	5003
receives special education in accordance with Chapter 3323. of the	5004
Revised Code, the tuition shall be paid in accordance with section	5005
3323.13 or 3323.14 of the Revised Code. Tuition for children who	5006
do not receive special education shall be paid in accordance with	5007
division (I)(J) of section 3313.64 of the Revised Code.	5008

Section 8. That the existing version of section 3313.65 of	5009
the Revised Code that is scheduled to take effect on January 1,	5010
2004, is hereby repealed.	5011

Section 9. Sections 7 and 8 of this act take effect on	5012
January 1, 2004.	5013

Section 10.  Within thirty days after the effective date of	5014
this act, the Governor, the President of the Senate, and the	5015
Speaker of the House of Representatives shall appoint members to	5016
the Ohio Accountability Task Force pursuant to section 3302.021 of	5017
the Revised Code, as enacted by this act. Within sixty days after	5018
the effective date of this act, the Ohio Accountability Task Force	5019
shall convene for its initial meeting.	5020

Section 11.  Not later than ninety days after the effective	5021
date of this section, the Superintendent of Public Instruction	5022
shall submit to the General Assembly a detailed financial analysis	5023
of the projected costs for the state and for each school district	5024
of compliance with the "No Child Left Behind Act of 2001," Pub. L.	5025
107-110, 20 U.S.C. 6301 et seq.; the amount of new federal funds	5026
the state can reasonably expect to receive per year under that	5027
act; and the financial consequences to the state and each school	5028
district for noncompliance with that act. The financial analysis	5029
shall examine the costs involved in building the capacity of	5030
school districts and buildings to assist students in achieving at	5031
levels that satisfy federal and state requirements. These costs	5032
shall include, but not be limited to, the following:	5033

(A) The costs for all school districts and buildings to make	5034
adequate yearly progress each year through the 2013-2014 school	5035
year and to have all students performing at the proficient level	5036
on achievement tests by June 30, 2014;	5037

(B) The costs of providing intervention services to students	5038
who are not achieving at expected levels;	5039

(C) The costs of professional development for teachers and	5040
administrators on the statewide academic standards adopted	5041
pursuant to section 3301.079 of the Revised Code and on the	5042
interpretation of student performance data;	5043

(D) The costs of extending the school day or year under	5044
division (E)(3) of section 3302.04 of the Revised Code;	5045

(E) The costs of complying with the requirement that teachers	5046
of core subject areas be "highly qualified" as defined in federal	5047
law.	5048

Section 12. The Legislative Office of Education Oversight	5049
shall conduct a study that evaluates the correlation between	5050
students' race and class and academic achievement, particularly	5051
comparing the academic achievement of low-income, African-American	5052
and Hispanic students with that of middle-class, white students.	5053
In conducting the study, the Office shall use at least five years	5054
of data collected and maintained by the Ohio Department of	5055
Education. The study shall focus on the academic achievement of	5056
students in the fourth, sixth, and ninth grades. The Office shall	5057
submit the final results of the study to the General Assembly not	5058
later than September 30, 2004.	5059

Section 13. The Legislative Office of Education Oversight	5060
shall conduct a study of the intervention services required to be	5061
provided by school districts under sections 3301.0711, 3313.608,	5062
and 3313.6012 of the Revised Code. If any diagnostic assessment is	5063
administered by school districts in accordance with section	5064
3301.0715 of the Revised Code in the school year beginning July 1,	5065
2003, the Office also shall include the intervention services	5066
required by that section in the study. In conducting the study,	5067
the Office shall examine each of the following issues:	5068

(A) The types of intervention services that districts are	5069
currently providing to students;	5070

(B) The manner in which the Department of Education informs	5071
districts of their obligation to provide intervention services and	5072
assists the districts in developing appropriate intervention	5073
strategies;	5074

(C) The manner in which the Department tracks compliance by	5075
school districts with requirements to provide intervention	5076
services;	5077

(D) The cost to districts of providing intervention services;

5078

(E) Whether there are any intervention services that	5079
districts are not providing due to insufficient funding.	5080

The Office shall issue a written report of its findings to	5081
the General Assembly not later than December 31, 2004.	5082

Section 14. The Legislative Office of Education Oversight	5083
shall conduct a study of the performance of students in the Class	5084
of 2007 on the Ohio Graduation Tests prescribed by division (B) of	5085
section 3301.0710 of the Revised Code to determine how well	5086
students meet the statewide academic standards developed pursuant	5087
to section 3301.079 of the Revised Code. The study shall include	5088
all students who enter the ninth grade in the school year	5089
beginning July 1, 2003; the Office shall not exclude from any	5090
analysis students who leave school prior to graduation. In	5091
conducting the study, the Office shall determine the number of	5092
such students who attain a score at the proficient level on all	5093
five of the Ohio Graduation Tests by June 30, 2007. To the extent	5094
possible, the Office also shall determine the number of such	5095
students who satisfy the alternative conditions described in	5096
section 3313.615 of the Revised Code for meeting the testing	5097
requirement to be eligible for a diploma. The Office shall issue	5098
annual written reports to the General Assembly, and shall issue a	5099
final, comprehensive written report of its findings to the General	5100
Assembly not later than December 31, 2007.	5101

Section 15. The Legislative Office of Education Oversight	5102
shall conduct a study that reviews the progress of school	5103
districts and the Department of Education in hiring highly	5104
qualified teachers in the core subject areas of English, reading,	5105
language arts, mathematics, science, foreign language, civics and	5106
government, economics, arts, history, and geography, as required	5107
by Title I of the "No Child Left Behind Act," Pub. L. No. 107-110.	5108
The study shall evaluate, over a five-year period, all of the	5109
following:	5110

(A) The progress of individual school districts in complying	5111
with the highly qualified teacher requirement;	5112

(B) Whether the definition of "highly qualified teacher"	5113
adopted by the State Board of Education complies with the "No	5114
Child Left Behind Act";	5115

(C) The efforts of the Department of Education in assisting	5116
school districts to comply with the "No Child Left Behind Act's"	5117
requirement, and in monitoring the progress of school districts in	5118
ensuring highly qualified teachers are employed in core subject	5119
areas.	5120

The Office shall submit three interim reports of its findings	5121
to the General Assembly. The first interim report shall evaluate	5122
compliance with the highly qualified teacher requirement in the	5123
2002-2003 and 2003-2004 school years, the second interim report	5124
shall evaluate compliance with the requirement in the 2004-2005	5125
school year, and the third interim report shall evaluate	5126
compliance with the requirement in the 2005-2006 school year. A	5127
final report shall be submitted to the General Assembly that	5128
evaluates compliance in the 2006-2007 school year and the prior	5129
four school years.	5130

Section 16. Until the Department of Education incorporates a	5131
value-added progress dimension into the performance ratings in	5132
accordance with section 3302.021 of the Revised Code, as enacted	5133
by this act, the Department shall include a growth factor based	5134
upon the performance index score, as defined in section 3302.01 of	5135
the Revised Code, as amended by this act, in the determination of	5136
performance ratings for school districts and buildings.	5137

Section 17. The amendment of rule 3301-35-10 of the	5138
Administrative Code, as proposed by the State Board of Education	5139
on January 14, 2003, is not subject to the requirement of former	5140
section 3314.20 of the Revised Code that the rule be approved by	5141
the General Assembly through the passage of a joint resolution	5142
before the rule may take effect. Notwithstanding any provision of	5143
Chapter 119. of the Revised Code to the contrary, the State Board	5144
may file the amendment in final form under section 119.04 of the	5145
Revised Code on or after the effective date of this act. The	5146
amendment takes effect on the tenth day after being filed in final	5147
form under section 119.04 of the Revised Code, unless the State	5148
Board designates a later date.	5149

Section 18. The amendment of rule 3301-101-01 of the	5150
Administrative Code, as proposed by the State Board of Education	5151
on January 14, 2003, is not subject to the requirement of former	5152
section 3302.05 of the Revised Code that the rule be approved by	5153
the General Assembly through the passage of a joint resolution	5154
before the rule may take effect. Notwithstanding any provision of	5155
Chapter 119. of the Revised Code to the contrary, the State Board	5156
may file the amendment in final form under section 119.04 of the	5157
Revised Code on or after the effective date of this act. The	5158
amendment takes effect on the tenth day after being filed in final	5159
form under section 119.04 of the Revised Code, unless the State	5160
Board designates a later date.	5161

Section 19. The amendment of section 3301.91 of the Revised	5162
Code by this act is not intended to supersede its earlier repeal,	5163
effective July 1, 2004, by Am. Sub. H.B. 1 of the 123rd General	5164
Assembly.	5165

Section 20. Of the amounts appropriated for fiscal year 2004	5166
and fiscal year 2005 in appropriation item 200-455, Community	5167
Schools, Section 41 of Am. Sub. H.B. 95 of the 125th General	5168
Assembly, up to $250,000 in each fiscal year shall be used by the	5169
Department of Education to contract with the Ohio Foundation for	5170
School Choice to develop and conduct training sessions for	5171
sponsors of community schools as prescribed in division (A)(1) of	5172
section 3314.015 of the Revised Code. The contract shall require	5173
that in developing such training sessions, the Ohio Foundation for	5174
School Choice shall collect and disseminate examples of best	5175
practices used by sponsors of independent charter schools in Ohio	5176
and other states.	5177

This section supersedes the second paragraph under the	5178
heading "COMMUNITY SCHOOLS" in Section 41.06 of Am. Sub. H.B. 95	5179
of the 125th General Assembly. The Department shall not implement	5180
the provisions of that paragraph.	5181

Section 21. Not later than one year after the effective date	5182
of this section, the Department of Education shall make	5183
recommendations to the State Board of Education for assigning	5184
performance ratings pursuant to section 3302.03 of the Revised	5185
Code to school districts and buildings that make adequate yearly	5186
progress but show statistically significant differences in	5187
performance among white, middle-class students and any of the	5188
subgroups defined in section 3302.01 of the Revised Code. The	5189
recommendations shall provide for lowering the performance ratings	5190
assigned to such districts and buildings. The recommendations	5191
shall also specify the degree of difference between the	5192
performance of white, middle-class students and subgroups that	5193
should be deemed unacceptable and the appropriate length of time	5194
that districts and buildings should be granted to close the	5195
performance differences before having their performance ratings	5196
lowered. Copies of the recommendations shall be provided to the	5197
Governor, the President and Minority Leader of the Senate, the	5198
Speaker and Minority Leader of the House of Representatives, and	5199
the chairpersons and ranking minority members of the education	5200
committees.	5201

Section 22. Section 3314.03 of the Revised Code, as presented	5202
by this act, supersedes that section as amended in Am. Sub. H.B.	5203
95 of the 125th General Assembly.	5204

Section 23. For purposes of calculating the instructional and	5205
general fees charged in the prior academic year in implementing	5206
any instructional and general fee increase limitations imposed by	5207
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	5208
the instructional and general fees during an academic year for any	5209
state-assisted institution of higher education on the quarter	5210
system that does not increase its instructional and general fees	5211
during the summer term shall be defined as the sum of the	5212
instructional and general fees charged to a full-time student in	5213
the fall, winter, and spring quarters.	5214

For purposes of calculating the instructional and general	5215
fees charged in the prior academic year in implementing any	5216
instructional and general fee increase limitations imposed by	5217
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	5218
the instructional and general fees during an academic year for any	5219
state-assisted institution of higher education on the quarter	5220
system that does increase its instructional and general fees	5221
during the summer term shall be defined as three-fourths of the	5222
sum of the instructional and general fees charged to a full-time	5223
student in the fall, winter, spring, and summer quarters.	5224

For purposes of calculating the instructional and general	5225
fees charged in the prior academic year in implementing any	5226
instructional and general fee increase limitations imposed by	5227
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	5228
the instructional and general fees during an academic year for any	5229
state-assisted institution of higher education on the semester	5230
system that does not increase its instructional and general fees	5231
during the summer term shall be defined as the sum of the	5232
instructional and general fees charged to a full-time student in	5233
the fall and spring semesters.	5234

For purposes of calculating the instructional and general	5235
fees charged in the prior academic year in implementing any	5236
instructional and general fee increase limitations imposed by	5237
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly,	5238
the instructional and general fees during an academic year for any	5239
state-assisted institution of higher education on the semester	5240
system that does increase its instructional and general fees	5241
during the summer term shall be defined as two-thirds of the sum	5242
of the instructional and general fees charged to a full-time	5243
student in the fall, spring, and summer semesters.	5244

This section shall not apply to Miami University in	5245
implementing the pilot tuition restructuring plan recognized by	5246
Am. Sub. H.B. 95 of the 125th General Assembly.	5247

Section 24. When calculating the reappraisal guarantee under	5248
division (C) or (D) of section 3317.04 of the Revised Code in	5249
fiscal year 2005, the Department of Education shall include in a	5250
school district's fiscal year 2004 payments any transitional aid	5251
paid to the district under Section 41.37 of Am. Sub. H.B. 95 of	5252
the 125th General Assembly.	5253

Section 25.  Section 3314.03 of the Revised Code is presented	5254
in this act as a composite of the section as amended by both Sub.	5255
H.B. 248 and Sub. H.B. 364 of the 124th General Assembly. Section	5256
3317.012 of the Revised Code is presented in this act as a	5257
composite of the section as amended by both Am. Sub. H.B. 94 and	5258
Am. Sub. S.B. 1 of the 124th General Assembly. The General	5259
Assembly, applying the principle stated in division (B) of section	5260
1.52 of the Revised Code that amendments are to be harmonized if	5261
reasonably capable of simultaneous operation, finds that the	5262
composites are the resulting versions of the sections in effect	5263
prior to the effective date of the sections as presented in this	5264
act.	5265

Section 26. This act is hereby declared to be an emergency	5266
measure necessary for the immediate preservation of the public	5267
peace, health, and safety. The reason for such necessity is that	5268
Ohio needs to comply with the federal requirements contained in	5269
the "No Child Left Behind Act of 2001" and public schools need to	5270
know the accountability standards to which they will be held in	5271
future school years. Therefore, this act shall go into immediate	5272
effect.	5273