Sub. H. B. No. 79 As Passed by the Senate

Representatives Raga, Latta, Setzer, C. Evans, Hagan, DeWine, McGregor, Willamowski, Gilb, Flowers, Seaver, Reidelbach, Schlichter, Reinhard, Blasdel, Boccieri, Brown, Bubp, Calvert, Carmichael, Cassell, Coley, Collier, Combs, Core, Daniels, Dolan, Domenick, D. Evans, Faber, Gibbs, Harwood, Healy, Hughes, Koziura, Law, Martin, Otterman, T. Patton, Schaffer, Schneider, G. Smith, J. Stewart, Strahorn, Trakas, Ujvagi, Wagoner, Webster, Widener, Williams, Wolpert, Yates, Yuko

Senators Padgett, Fedor, Miller, Austria, Jacobson, Wilson, Zurz, Niehaus, Gardner, Cates

A BILL
To amend sections 3301.0714, 3302.021, 3314.03, 1
3317.01, 3317.02, 3317.03, 3319.291, 3319.311, 2
3323.091, 3323.20, and 5153.175; to enact sections 3
3310.11, 3310.12, 3319.313, 3319.314, 3319.315, 4
5126.253, 5126.254, 5126.255, and 5153.176 of the 5
Revised Code; and to amend Section 612.36.03 of 6
Am. Sub. H.B. 66 of the 126th General Assembly to 7
require that information about specified 8
professional misconduct or child abuse or neglect 9
committed by a person licensed by the State Board 10
of Education be submitted to the Superintendent of 11
Public Instruction, to require the State Board to 12
request a criminal records check prior to renewing 13
an educator license, to require the State Board to 14
request a criminal records check every five years 15
for a person teaching under a professional or 16
permanent teaching certificate issued under former 17
law, to clarify the information provided by a 18
public children services agency to the Department 19
of Job and Family Services about a person applying 20
for licensure or certification to operate a family 21
day-care home, to delay until fiscal year 2007 the 22
requirement that school districts report ADM twice 23
annually, to require the Department of Education 24
to propose penalties for intentional reporting of 25
inaccurate attendance data by school districts and 26
community schools, to clarify reporting 27
requirements regarding handicapped preschool 28
children, to require contracting entities to 29
complete value-added analyses of student data by 30
timelines established by the Superintendent of 31
Public Instruction, and to make changes regarding 32
the use of student data verification codes. 33

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

       Section 1. That sections 3301.0714, 3302.021, 3314.03, 34
3317.01, 3317.02, 3317.03, 3319.291, 3319.311, 3323.091, 3323.20, 35
and 5153.175 be amended and sections 3310.11, 3310.12, 3319.313, 36
3319.314, 3319.315, 5126.253, 5126.254, 5126.255, and 5153.176 of 37
the Revised Code be enacted to read as follows: 38

       Sec. 3301.0714. (A) The state board of education shall adopt 39
rules for a statewide education management information system. The 40
rules shall require the state board to establish guidelines for 41
the establishment and maintenance of the system in accordance with 42
this section and the rules adopted under this section. The 43
guidelines shall include: 44

       (1) Standards identifying and defining the types of data in 45
the system in accordance with divisions (B) and (C) of this 46
section; 47

       (2) Procedures for annually collecting and reporting the data 48
to the state board in accordance with division (D) of this 49
section; 50

       (3) Procedures for annually compiling the data in accordance 51
with division (G) of this section; 52

       (4) Procedures for annually reporting the data to the public 53
in accordance with division (H) of this section. 54

       (B) The guidelines adopted under this section shall require 55
the data maintained in the education management information system 56
to include at least the following: 57

       (1) Student participation and performance data, for each 58
grade in each school district as a whole and for each grade in 59
each school building in each school district, that includes: 60

       (a) The numbers of students receiving each category of 61
instructional service offered by the school district, such as 62
regular education instruction, vocational education instruction, 63
specialized instruction programs or enrichment instruction that is 64
part of the educational curriculum, instruction for gifted 65
students, instruction for handicapped students, and remedial 66
instruction. The guidelines shall require instructional services 67
under this division to be divided into discrete categories if an 68
instructional service is limited to a specific subject, a specific 69
type of student, or both, such as regular instructional services 70
in mathematics, remedial reading instructional services, 71
instructional services specifically for students gifted in 72
mathematics or some other subject area, or instructional services 73
for students with a specific type of handicap. The categories of 74
instructional services required by the guidelines under this 75
division shall be the same as the categories of instructional 76
services used in determining cost units pursuant to division 77
(C)(3) of this section. 78

       (b) The numbers of students receiving support or 79
extracurricular services for each of the support services or 80
extracurricular programs offered by the school district, such as 81
counseling services, health services, and extracurricular sports 82
and fine arts programs. The categories of services required by the 83
guidelines under this division shall be the same as the categories 84
of services used in determining cost units pursuant to division 85
(C)(4)(a) of this section. 86

       (c) Average student grades in each subject in grades nine 87
through twelve; 88

       (d) Academic achievement levels as assessed by the testing of 89
student achievement under sections 3301.0710 and 3301.0711 of the 90
Revised Code; 91

       (e) The number of students designated as having a 92
handicapping condition pursuant to division (C)(1) of section 93
3301.0711 of the Revised Code; 94

       (f) The numbers of students reported to the state board 95
pursuant to division (C)(2) of section 3301.0711 of the Revised 96
Code; 97

       (g) Attendance rates and the average daily attendance for the 98
year. For purposes of this division, a student shall be counted as 99
present for any field trip that is approved by the school 100
administration. 101

       (h) Expulsion rates; 102

       (i) Suspension rates; 103

       (j) The percentage of students receiving corporal punishment; 104

       (k) Dropout rates; 105

       (l) Rates of retention in grade; 106

       (m) For pupils in grades nine through twelve, the average 107
number of carnegie units, as calculated in accordance with state 108
board of education rules; 109

       (n) Graduation rates, to be calculated in a manner specified 110
by the department of education that reflects the rate at which 111
students who were in the ninth grade three years prior to the 112
current year complete school and that is consistent with 113
nationally accepted reporting requirements; 114

       (o) Results of diagnostic assessments administered to 115
kindergarten students as required under section 3301.0715 of the 116
Revised Code to permit a comparison of the academic readiness of 117
kindergarten students. However, no district shall be required to 118
report to the department the results of any diagnostic assessment 119
administered to a kindergarten student if the parent of that 120
student requests the district not to report those results. 121

       (2) Personnel and classroom enrollment data for each school 122
district, including: 123

       (a) The total numbers of licensed employees and nonlicensed 124
employees and the numbers of full-time equivalent licensed 125
employees and nonlicensed employees providing each category of 126
instructional service, instructional support service, and 127
administrative support service used pursuant to division (C)(3) of 128
this section. The guidelines adopted under this section shall 129
require these categories of data to be maintained for the school 130
district as a whole and, wherever applicable, for each grade in 131
the school district as a whole, for each school building as a 132
whole, and for each grade in each school building. 133

       (b) The total number of employees and the number of full-time 134
equivalent employees providing each category of service used 135
pursuant to divisions (C)(4)(a) and (b) of this section, and the 136
total numbers of licensed employees and nonlicensed employees and 137
the numbers of full-time equivalent licensed employees and 138
nonlicensed employees providing each category used pursuant to 139
division (C)(4)(c) of this section. The guidelines adopted under 140
this section shall require these categories of data to be 141
maintained for the school district as a whole and, wherever 142
applicable, for each grade in the school district as a whole, for 143
each school building as a whole, and for each grade in each school 144
building. 145

       (c) The total number of regular classroom teachers teaching 146
classes of regular education and the average number of pupils 147
enrolled in each such class, in each of grades kindergarten 148
through five in the district as a whole and in each school 149
building in the school district. 150

       (d) The number of master teachers employed by each school 151
district and each school building, once a definition of master 152
teacher has been developed by the educator standards board 153
pursuant to section 3319.61 of the Revised Code. 154

       (3)(a) Student demographic data for each school district, 155
including information regarding the gender ratio of the school 156
district's pupils, the racial make-up of the school district's 157
pupils, the number of limited English proficient students in the 158
district, and an appropriate measure of the number of the school 159
district's pupils who reside in economically disadvantaged 160
households. The demographic data shall be collected in a manner to 161
allow correlation with data collected under division (B)(1) of 162
this section. Categories for data collected pursuant to division 163
(B)(3) of this section shall conform, where appropriate, to 164
standard practices of agencies of the federal government. 165

       (b) With respect to each student entering kindergarten, 166
whether the student previously participated in a public preschool 167
program, a private preschool program, or a head start program, and 168
the number of years the student participated in each of these 169
programs. 170

       (4) Any data required to be collected pursuant to federal 171
law. 172

       (C) The education management information system shall include 173
cost accounting data for each district as a whole and for each 174
school building in each school district. The guidelines adopted 175
under this section shall require the cost data for each school 176
district to be maintained in a system of mutually exclusive cost 177
units and shall require all of the costs of each school district 178
to be divided among the cost units. The guidelines shall require 179
the system of mutually exclusive cost units to include at least 180
the following: 181

       (1) Administrative costs for the school district as a whole. 182
The guidelines shall require the cost units under this division 183
(C)(1) to be designed so that each of them may be compiled and 184
reported in terms of average expenditure per pupil in formula ADM 185
in the school district, as determined pursuant to section 3317.03 186
of the Revised Code. 187

       (2) Administrative costs for each school building in the 188
school district. The guidelines shall require the cost units under 189
this division (C)(2) to be designed so that each of them may be 190
compiled and reported in terms of average expenditure per 191
full-time equivalent pupil receiving instructional or support 192
services in each building. 193

       (3) Instructional services costs for each category of 194
instructional service provided directly to students and required 195
by guidelines adopted pursuant to division (B)(1)(a) of this 196
section. The guidelines shall require the cost units under 197
division (C)(3) of this section to be designed so that each of 198
them may be compiled and reported in terms of average expenditure 199
per pupil receiving the service in the school district as a whole 200
and average expenditure per pupil receiving the service in each 201
building in the school district and in terms of a total cost for 202
each category of service and, as a breakdown of the total cost, a 203
cost for each of the following components: 204

       (a) The cost of each instructional services category required 205
by guidelines adopted under division (B)(1)(a) of this section 206
that is provided directly to students by a classroom teacher; 207

       (b) The cost of the instructional support services, such as 208
services provided by a speech-language pathologist, classroom 209
aide, multimedia aide, or librarian, provided directly to students 210
in conjunction with each instructional services category; 211

       (c) The cost of the administrative support services related 212
to each instructional services category, such as the cost of 213
personnel that develop the curriculum for the instructional 214
services category and the cost of personnel supervising or 215
coordinating the delivery of the instructional services category. 216

       (4) Support or extracurricular services costs for each 217
category of service directly provided to students and required by 218
guidelines adopted pursuant to division (B)(1)(b) of this section. 219
The guidelines shall require the cost units under division (C)(4) 220
of this section to be designed so that each of them may be 221
compiled and reported in terms of average expenditure per pupil 222
receiving the service in the school district as a whole and 223
average expenditure per pupil receiving the service in each 224
building in the school district and in terms of a total cost for 225
each category of service and, as a breakdown of the total cost, a 226
cost for each of the following components: 227

       (a) The cost of each support or extracurricular services 228
category required by guidelines adopted under division (B)(1)(b) 229
of this section that is provided directly to students by a 230
licensed employee, such as services provided by a guidance 231
counselor or any services provided by a licensed employee under a 232
supplemental contract; 233

       (b) The cost of each such services category provided directly 234
to students by a nonlicensed employee, such as janitorial 235
services, cafeteria services, or services of a sports trainer; 236

       (c) The cost of the administrative services related to each 237
services category in division (C)(4)(a) or (b) of this section, 238
such as the cost of any licensed or nonlicensed employees that 239
develop, supervise, coordinate, or otherwise are involved in 240
administering or aiding the delivery of each services category. 241

       (D)(1) The guidelines adopted under this section shall 242
require school districts to collect information about individual 243
students, staff members, or both in connection with any data 244
required by division (B) or (C) of this section or other reporting 245
requirements established in the Revised Code. The guidelines may 246
also require school districts to report information about 247
individual staff members in connection with any data required by 248
division (B) or (C) of this section or other reporting 249
requirements established in the Revised Code. The guidelines shall 250
not authorize school districts to request social security numbers 251
of individual students. The guidelines shall prohibit the 252
reporting under this section of a student's name, address, and 253
social security number to the state board of education or the 254
department of education. The guidelines shall also prohibit the 255
reporting under this section of any personally identifiable 256
information about any student, except for the purpose of assigning 257
the data verification code required by division (D)(2) of this 258
section, to any other person unless such person is employed by the 259
school district or the data acquisition site operated under 260
section 3301.075 of the Revised Code and is authorized by the 261
district or acquisition site to have access to such information or 262
is employed by an entity with which the department contracts for 263
the scoring of tests administered under section 3301.0711 or 264
3301.0712 of the Revised Code. The guidelines may require school 265
districts to provide the social security numbers of individual 266
staff members. 267

       (2) The guidelines shall provide for each school district or 268
community school to assign a data verification code that is unique 269
on a statewide basis over time to each student whose initial Ohio 270
enrollment is in that district or school and to report all 271
required individual student data for that student utilizing such 272
code. The guidelines shall also provide for assigning data 273
verification codes to all students enrolled in districts or 274
community schools on the effective date of the guidelines 275
established under this section. 276

       Individual student data shall be reported to the department 277
through the data acquisition sites utilizing the code but, except 278
as provided in section 3310.11 of the Revised Code, at no time 279
shall the state board or the department have access to information 280
that would enable any data verification code to be matched to 281
personally identifiable student data. 282

       Each school district shall ensure that the data verification 283
code is included in the student's records reported to any 284
subsequent school district or community school in which the 285
student enrolls. Any such subsequent district or school shall 286
utilize the same identifier in its reporting of data under this 287
section. 288

       (E) The guidelines adopted under this section may require 289
school districts to collect and report data, information, or 290
reports other than that described in divisions (A), (B), and (C) 291
of this section for the purpose of complying with other reporting 292
requirements established in the Revised Code. The other data, 293
information, or reports may be maintained in the education 294
management information system but are not required to be compiled 295
as part of the profile formats required under division (G) of this 296
section or the annual statewide report required under division (H) 297
of this section. 298

       (F) Beginning with the school year that begins July 1, 1991, 299
the board of education of each school district shall annually 300
collect and report to the state board, in accordance with the 301
guidelines established by the board, the data required pursuant to 302
this section. A school district may collect and report these data 303
notwithstanding section 2151.358 or 3319.321 of the Revised Code. 304

       (G) The state board shall, in accordance with the procedures 305
it adopts, annually compile the data reported by each school 306
district pursuant to division (D) of this section. The state board 307
shall design formats for profiling each school district as a whole 308
and each school building within each district and shall compile 309
the data in accordance with these formats. These profile formats 310
shall: 311

       (1) Include all of the data gathered under this section in a 312
manner that facilitates comparison among school districts and 313
among school buildings within each school district; 314

       (2) Present the data on academic achievement levels as 315
assessed by the testing of student achievement maintained pursuant 316
to division (B)(1)(d) of this section. 317

       (H)(1) The state board shall, in accordance with the 318
procedures it adopts, annually prepare a statewide report for all 319
school districts and the general public that includes the profile 320
of each of the school districts developed pursuant to division (G) 321
of this section. Copies of the report shall be sent to each school 322
district. 323

       (2) The state board shall, in accordance with the procedures 324
it adopts, annually prepare an individual report for each school 325
district and the general public that includes the profiles of each 326
of the school buildings in that school district developed pursuant 327
to division (G) of this section. Copies of the report shall be 328
sent to the superintendent of the district and to each member of 329
the district board of education. 330

       (3) Copies of the reports received from the state board under 331
divisions (H)(1) and (2) of this section shall be made available 332
to the general public at each school district's offices. Each 333
district board of education shall make copies of each report 334
available to any person upon request and payment of a reasonable 335
fee for the cost of reproducing the report. The board shall 336
annually publish in a newspaper of general circulation in the 337
school district, at least twice during the two weeks prior to the 338
week in which the reports will first be available, a notice 339
containing the address where the reports are available and the 340
date on which the reports will be available. 341

       (I) Any data that is collected or maintained pursuant to this 342
section and that identifies an individual pupil is not a public 343
record for the purposes of section 149.43 of the Revised Code. 344

       (J) As used in this section: 345

       (1) "School district" means any city, local, exempted 346
village, or joint vocational school district. 347

       (2) "Cost" means any expenditure for operating expenses made 348
by a school district excluding any expenditures for debt 349
retirement except for payments made to any commercial lending 350
institution for any loan approved pursuant to section 3313.483 of 351
the Revised Code. 352

       (K) Any person who removes data from the information system 353
established under this section for the purpose of releasing it to 354
any person not entitled under law to have access to such 355
information is subject to section 2913.42 of the Revised Code 356
prohibiting tampering with data. 357

       (L) Any time the department of education determines that a 358
school district has taken any of the actions described under 359
division (L)(1), (2), or (3) of this section, it shall make a 360
report of the actions of the district, send a copy of the report 361
to the superintendent of such school district, and maintain a copy 362
of the report in its files: 363

       (1) The school district fails to meet any deadline 364
established pursuant to this section for the reporting of any data 365
to the education management information system; 366

       (2) The school district fails to meet any deadline 367
established pursuant to this section for the correction of any 368
data reported to the education management information system; 369

       (3) The school district reports data to the education 370
management information system in a condition, as determined by the 371
department, that indicates that the district did not make a good 372
faith effort in reporting the data to the system. 373

       Any report made under this division shall include 374
recommendations for corrective action by the school district. 375

       Upon making a report for the first time in a fiscal year, the 376
department shall withhold ten per cent of the total amount due 377
during that fiscal year under Chapter 3317. of the Revised Code to 378
the school district to which the report applies. Upon making a 379
second report in a fiscal year, the department shall withhold an 380
additional twenty per cent of such total amount due during that 381
fiscal year to the school district to which the report applies. 382
The department shall not release such funds unless it determines 383
that the district has taken corrective action. However, no such 384
release of funds shall occur if the district fails to take 385
corrective action within forty-five days of the date upon which 386
the report was made by the department. 387

       (M) No data acquisition site or school district shall 388
acquire, change, or update its student administration software 389
package to manage and report data required to be reported to the 390
department unless it converts to a student software package that 391
is certified by the department. 392

       (N) The state board of education, in accordance with sections 393
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a 394
license as defined under division (A) of section 3319.31 of the 395
Revised Code that has been issued to any school district employee 396
found to have willfully reported erroneous, inaccurate, or 397
incomplete data to the education management information system. 398

       (O) No person shall release or maintain any information about 399
any student in violation of this section. Whoever violates this 400
division is guilty of a misdemeanor of the fourth degree. 401

       (P) The department shall disaggregate the data collected 402
under division (B)(1)(o) of this section according to the race and 403
socioeconomic status of the students assessed. No data collected 404
under that division shall be included on the report cards required 405
by section 3302.03 of the Revised Code. 406

       (Q) If the department cannot compile any of the information 407
required by division (C)(5) of section 3302.03 of the Revised Code 408
based upon the data collected under this section, the department 409
shall develop a plan and a reasonable timeline for the collection 410
of any data necessary to comply with that division. 411

       Sec. 3302.021. (A) Not earlier than July 1, 2005, and not 412
later than July 1, 2007, the department of education shall 413
implement a value-added progress dimension for school districts 414
and buildings and shall incorporate the value-added progress 415
dimension into the report cards and performance ratings issued for 416
districts and buildings under section 3302.03 of the Revised Code. 417

       The state board of education shall adopt rules, pursuant to 418
Chapter 119. of the Revised Code, for the implementation of the 419
value-added progress dimension. In adopting rules, the state board 420
shall consult with the Ohio accountability task force established 421
under division (D) of this section. The rules adopted under this 422
division shall specify both of the following: 423

        (1) A scale for describing the levels of academic progress in 424
reading and mathematics relative to a standard year of academic 425
growth in those subjects for each of grades three through eight; 426

        (2) That the department shall maintain the confidentiality of 427
individual student test scores and individual student reports in 428
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the 429
Revised Code and federal law. The department may require school 430
districts to use a unique identifier for each student for this 431
purpose. Individual student test scores and individual student 432
reports shall be made available only to a student's classroom 433
teacher and other appropriate educational personnel and to the 434
student's parent or guardian. 435

        (B) The department shall use a system designed for collecting 436
necessary data, calculating the value-added progress dimension, 437
analyzing data, and generating reports, which system has been used 438
previously by a non-profit organization led by the Ohio business 439
community for at least one year in the operation of a pilot 440
program in cooperation with school districts to collect and report 441
student achievement data via electronic means and to provide 442
information to the districts regarding the academic performance of 443
individual students, grade levels, school buildings, and the 444
districts as a whole. 445

        (C) The department shall not pay more than two dollars per 446
student for data analysis and reporting to implement the 447
value-added progress dimension in the same manner and with the 448
same services as under the pilot program described by division (B) 449
of this section. However, nothing in this section shall preclude 450
the department or any school district from entering into a 451
contract for the provision of more services at a higher fee per 452
student. Any data analysis conducted under this section by an 453
entity under contract with the department shall be completed in 454
accordance with timelines established by the superintendent of 455
public instruction. 456

       (D)(1) There is hereby established the Ohio accountability 457
task force. The task force shall consist of the following thirteen 458
members: 459

        (a) The chairpersons and ranking minority members of the 460
house of representatives and senate standing committees primarily 461
responsible for education legislation, who shall be nonvoting 462
members; 463

        (b) One representative of the governor's office, appointed by 464
the governor; 465

        (c) The superintendent of public instruction, or the 466
superintendent's designee; 467

        (d) One representative of teacher employee organizations 468
formed pursuant to Chapter 4117. of the Revised Code, appointed by 469
the speaker of the house of representatives; 470

        (e) One representative of school district boards of 471
education, appointed by the president of the senate; 472

        (f) One school district superintendent, appointed by the 473
speaker of the house of representatives; 474

        (g) One representative of business, appointed by the 475
president of the senate; 476

       (h) One representative of a non-profit organization led by 477
the Ohio business community, appointed by the governor; 478

       (i) One school building principal, appointed by the president 479
of the senate; 480

       (j) A member of the state board of education, appointed by 481
the speaker of the house of representatives. 482

        Initial appointed members of the task force shall serve until 483
January 1, 2005. Thereafter, terms of office for appointed members 484
shall be for two years, each term ending on the same day of the 485
same month as did the term that it succeeds. Each appointed member 486
shall hold office from the date of appointment until the end of 487
the term for which the member was appointed. Members may be 488
reappointed. Vacancies shall be filled in the same manner as the 489
original appointment. Any member appointed to fill a vacancy 490
occurring prior to the expiration of the term for which the 491
member's predecessor was appointed shall hold office for the 492
remainder of that term. 493

        The task force shall select from among its members a 494
chairperson. The task force shall meet at least six times each 495
calendar year and at other times upon the call of the chairperson 496
to conduct its business. Members of the task force shall serve 497
without compensation. 498

        (2) The task force shall do all of the following: 499

        (a) Examine the implementation of the value-added progress 500
dimension by the department, including the system described in 501
division (B) of this section, the reporting of performance data to 502
school districts and buildings, and the provision of professional 503
development on the interpretation of the data to classroom 504
teachers and administrators; 505

        (b) Periodically review any fees for data analysis and 506
reporting paid by the department pursuant to division (C) of this 507
section and determine if the fees are appropriate based upon the 508
level of services provided; 509

       (c) Periodically report to the department and the state board 510
on all issues related to the school district and building 511
accountability system established under this chapter; 512

        (d) Not later than seven years after its initial meeting, 513
make recommendations to improve the school district and building 514
accountability system established under this chapter. The task 515
force shall adopt recommendations by a majority vote of its 516
members. Copies of the recommendations shall be provided to the 517
state board, the governor, the speaker of the house of 518
representatives, and the president of the senate. 519

       (e) Determine starting dates for the implementation of the 520
value-added progress dimension and its incorporation into school 521
district and building report cards and performance ratings. 522

       Sec. 3310.11. (A) Only for the purpose of administering the 523
educational choice scholarship pilot program, the department of 524
education may request from the resident district of each student 525
seeking a scholarship under the program or, if applicable, from 526
the community school in which that student is enrolled the data 527
verification code assigned to that student under division (D)(2) 528
of section 3301.0714 of the Revised Code. 529

       (B) Upon a request by the department under division (A) of 530
this section for the data verification code of a student seeking a 531
scholarship or a request by the student's parent for that code, 532
the school district or community school shall submit that code to 533
the department or parent in the manner specified by the 534
department. If the student has not been assigned a code, because 535
the student will be entering kindergarten during the school year 536
for which the scholarship is sought, the district shall assign a 537
code to that student and submit the code to the department or 538
parent. 539

       (C) For the purpose of administering the applicable tests 540
prescribed under sections 3301.0710 and 3301.0712 of the Revised 541
Code, as required by section 3310.14 of the Revised Code, the 542
department shall provide to each chartered nonpublic school that 543
enrolls a scholarship student the data verification code for that 544
student. 545

       (D) The department and each chartered nonpublic school that 546
receives a data verification code under this section shall not 547
release that code to any person except as provided by law. 548

       Any document relative to this program that the department 549
holds in its files that contains both a student's name or other 550
personally identifiable information and the student's data 551
verification code shall not be a public record under section 552
149.43 of the Revised Code. 553

       Sec. 3310.12. Except as provided in division (D) of section 554
3310.11 of the Revised Code, documents relative to the educational 555
choice scholarship pilot program that the department holds in its 556
files are public records under section 149.43 of the Revised Code 557
and may be released pursuant to that section subject to the 558
provisions of section 3319.321 of the Revised Code and the "Family 559
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 560
U.S.C. 1232g, as amended. 561

       Sec. 3314.03. A copy of every contract entered into under 562
this section shall be filed with the superintendent of public 563
instruction. 564

       (A) Each contract entered into between a sponsor and the 565
governing authority of a community school shall specify the 566
following: 567

       (1) That the school shall be established as either of the 568
following: 569

       (a) A nonprofit corporation established under Chapter 1702. 570
of the Revised Code, if established prior to April 8, 2003; 571

       (b) A public benefit corporation established under Chapter 572
1702. of the Revised Code, if established after April 8, 2003; 573

       (2) The education program of the school, including the 574
school's mission, the characteristics of the students the school 575
is expected to attract, the ages and grades of students, and the 576
focus of the curriculum; 577

       (3) The academic goals to be achieved and the method of 578
measurement that will be used to determine progress toward those 579
goals, which shall include the statewide achievement tests; 580

       (4) Performance standards by which the success of the school 581
will be evaluated by the sponsor. If the sponsor will evaluate the 582
school in accordance with division (D) of section 3314.36 of the 583
Revised Code, the contract shall specify the number of school 584
years that the school will be evaluated under that division. 585

       (5) The admission standards of section 3314.06 of the Revised 586
Code and, if applicable, section 3314.061 of the Revised Code; 587

       (6)(a) Dismissal procedures; 588

       (b) A requirement that the governing authority adopt an 589
attendance policy that includes a procedure for automatically 590
withdrawing a student from the school if the student without a 591
legitimate excuse fails to participate in one hundred five 592
consecutive hours of the learning opportunities offered to the 593
student. 594

       (7) The ways by which the school will achieve racial and 595
ethnic balance reflective of the community it serves; 596

       (8) Requirements for financial audits by the auditor of 597
state. The contract shall require financial records of the school 598
to be maintained in the same manner as are financial records of 599
school districts, pursuant to rules of the auditor of state, and 600
the audits shall be conducted in accordance with section 117.10 of 601
the Revised Code. 602

       (9) The facilities to be used and their locations; 603

       (10) Qualifications of teachers, including a requirement that 604
the school's classroom teachers be licensed in accordance with 605
sections 3319.22 to 3319.31 of the Revised Code, except that a 606
community school may engage noncertificated persons to teach up to 607
twelve hours per week pursuant to section 3319.301 of the Revised 608
Code; 609

       (11) That the school will comply with the following 610
requirements: 611

       (a) The school will provide learning opportunities to a 612
minimum of twenty-five students for a minimum of nine hundred 613
twenty hours per school year; 614

       (b) The governing authority will purchase liability 615
insurance, or otherwise provide for the potential liability of the 616
school; 617

       (c) The school will be nonsectarian in its programs, 618
admission policies, employment practices, and all other 619
operations, and will not be operated by a sectarian school or 620
religious institution; 621

       (d) The school will comply with sections 9.90, 9.91, 109.65, 622
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, 623
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, 624
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, 625
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, 626
3319.073, 3319.313, 3319.314, 3319.315, 3319.321, 3319.39, 627
3321.01, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 628
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 629
2744., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised 630
Code as if it were a school district and will comply with section 631
3301.0714 of the Revised Code in the manner specified in section 632
3314.17 of the Revised Code; 633

       (e) The school shall comply with Chapter 102. of the Revised 634
Code except that nothing in that chapter shall prohibit a member 635
of the school's governing board from also being an employee of the 636
school and nothing in that chapter or section 2921.42 of the 637
Revised Code shall prohibit a member of the school's governing 638
board from having an interest in a contract into which the 639
governing board enters that is not a contract with a for-profit 640
firm for the operation or management of a school under the 641
auspices of the governing authority; 642

       (f) The school will comply with sections 3313.61, 3313.611, 643
and 3313.614 of the Revised Code, except that the requirement in 644
sections 3313.61 and 3313.611 of the Revised Code that a person 645
must successfully complete the curriculum in any high school prior 646
to receiving a high school diploma may be met by completing the 647
curriculum adopted by the governing authority of the community 648
school rather than the curriculum specified in Title XXXIII of the 649
Revised Code or any rules of the state board of education; 650

       (g) The school governing authority will submit within four 651
months after the end of each school year a report of its 652
activities and progress in meeting the goals and standards of 653
divisions (A)(3) and (4) of this section and its financial status 654
to the sponsor, the parents of all students enrolled in the 655
school, and the legislative office of education oversight. The 656
school will collect and provide any data that the legislative 657
office of education oversight requests in furtherance of any study 658
or research that the general assembly requires the office to 659
conduct, including the studies required under Section 50.39 of Am. 660
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of 661
Am. Sub. H.B. 215 of the 122nd general assembly, as amended. 662

       (12) Arrangements for providing health and other benefits to 663
employees; 664

       (13) The length of the contract, which shall begin at the 665
beginning of an academic year. No contract shall exceed five years 666
unless such contract has been renewed pursuant to division (E) of 667
this section. 668

       (14) The governing authority of the school, which shall be 669
responsible for carrying out the provisions of the contract; 670

       (15) A financial plan detailing an estimated school budget 671
for each year of the period of the contract and specifying the 672
total estimated per pupil expenditure amount for each such year. 673
The plan shall specify for each year the base formula amount that 674
will be used for purposes of funding calculations under section 675
3314.08 of the Revised Code. This base formula amount for any year 676
shall not exceed the formula amount defined under section 3317.02 677
of the Revised Code. The plan may also specify for any year a 678
percentage figure to be used for reducing the per pupil amount of 679
the subsidy calculated pursuant to section 3317.029 of the Revised 680
Code the school is to receive that year under section 3314.08 of 681
the Revised Code. 682

       (16) Requirements and procedures regarding the disposition of 683
employees of the school in the event the contract is terminated or 684
not renewed pursuant to section 3314.07 of the Revised Code; 685

       (17) Whether the school is to be created by converting all or 686
part of an existing public school or is to be a new start-up 687
school, and if it is a converted public school, specification of 688
any duties or responsibilities of an employer that the board of 689
education that operated the school before conversion is delegating 690
to the governing board of the community school with respect to all 691
or any specified group of employees provided the delegation is not 692
prohibited by a collective bargaining agreement applicable to such 693
employees; 694

       (18) Provisions establishing procedures for resolving 695
disputes or differences of opinion between the sponsor and the 696
governing authority of the community school; 697

       (19) A provision requiring the governing authority to adopt a 698
policy regarding the admission of students who reside outside the 699
district in which the school is located. That policy shall comply 700
with the admissions procedures specified in sections 3314.06 and 701
3314.061 of the Revised Code and, at the sole discretion of the 702
authority, shall do one of the following: 703

       (a) Prohibit the enrollment of students who reside outside 704
the district in which the school is located; 705

       (b) Permit the enrollment of students who reside in districts 706
adjacent to the district in which the school is located; 707

       (c) Permit the enrollment of students who reside in any other 708
district in the state. 709

       (20) A provision recognizing the authority of the department 710
of education to take over the sponsorship of the school in 711
accordance with the provisions of division (C) of section 3314.015 712
of the Revised Code; 713

       (21) A provision recognizing the sponsor's authority to 714
assume the operation of a school under the conditions specified in 715
division (B) of section 3314.073 of the Revised Code; 716

        (22) A provision recognizing both of the following: 717

       (a) The authority of public health and safety officials to 718
inspect the facilities of the school and to order the facilities 719
closed if those officials find that the facilities are not in 720
compliance with health and safety laws and regulations; 721

       (b) The authority of the department of education as the 722
community school oversight body to suspend the operation of the 723
school under section 3314.072 of the Revised Code if the 724
department has evidence of conditions or violations of law at the 725
school that pose an imminent danger to the health and safety of 726
the school's students and employees and the sponsor refuses to 727
take such action; 728

        (23) A description of the learning opportunities that will be 729
offered to students including both classroom-based and 730
non-classroom-based learning opportunities that is in compliance 731
with criteria for student participation established by the 732
department under division (L)(2) of section 3314.08 of the Revised 733
Code; 734

       (24) The school will comply with section 3302.04 of the 735
Revised Code, including division (E) of that section to the extent 736
possible, except that any action required to be taken by a school 737
district pursuant to that section shall be taken by the sponsor of 738
the school. However, the sponsor shall not be required to take any 739
action described in division (F) of that section. 740

       (25) Beginning in the 2006-2007 school year, the school will 741
open for operation not later than the thirtieth day of September 742
each school year, unless the mission of the school as specified 743
under division (A)(2) of this section is solely to serve dropouts. 744
In its initial year of operation, if the school fails to open by 745
the thirtieth day of September, or within one year after the 746
adoption of the contract pursuant to division (D) of section 747
3314.02 of the Revised Code if the mission of the school is solely 748
to serve dropouts, the contract shall be void. 749

       (B) The community school shall also submit to the sponsor a 750
comprehensive plan for the school. The plan shall specify the 751
following: 752

       (1) The process by which the governing authority of the 753
school will be selected in the future; 754

       (2) The management and administration of the school; 755

       (3) If the community school is a currently existing public 756
school, alternative arrangements for current public school 757
students who choose not to attend the school and teachers who 758
choose not to teach in the school after conversion; 759

       (4) The instructional program and educational philosophy of 760
the school; 761

       (5) Internal financial controls. 762

       (C) A contract entered into under section 3314.02 of the 763
Revised Code between a sponsor and the governing authority of a 764
community school may provide for the community school governing 765
authority to make payments to the sponsor, which is hereby 766
authorized to receive such payments as set forth in the contract 767
between the governing authority and the sponsor. The total amount 768
of such payments for oversight and monitoring of the school shall 769
not exceed three per cent of the total amount of payments for 770
operating expenses that the school receives from the state. 771

       (D) The contract shall specify the duties of the sponsor 772
which shall be in accordance with the written agreement entered 773
into with the department of education under division (B) of 774
section 3314.015 of the Revised Code and shall include the 775
following: 776

        (1) Monitor the community school's compliance with all laws 777
applicable to the school and with the terms of the contract; 778

        (2) Monitor and evaluate the academic and fiscal performance 779
and the organization and operation of the community school on at 780
least an annual basis; 781

        (3) Report on an annual basis the results of the evaluation 782
conducted under division (D)(2) of this section to the department 783
of education and to the parents of students enrolled in the 784
community school; 785

        (4) Provide technical assistance to the community school in 786
complying with laws applicable to the school and terms of the 787
contract; 788

        (5) Take steps to intervene in the school's operation to 789
correct problems in the school's overall performance, declare the 790
school to be on probationary status pursuant to section 3314.073 791
of the Revised Code, suspend the operation of the school pursuant 792
to section 3314.072 of the Revised Code, or terminate the contract 793
of the school pursuant to section 3314.07 of the Revised Code as 794
determined necessary by the sponsor; 795

        (6) Have in place a plan of action to be undertaken in the 796
event the community school experiences financial difficulties or 797
closes prior to the end of a school year. 798

        (E) Upon the expiration of a contract entered into under this 799
section, the sponsor of a community school may, with the approval 800
of the governing authority of the school, renew that contract for 801
a period of time determined by the sponsor, but not ending earlier 802
than the end of any school year, if the sponsor finds that the 803
school's compliance with applicable laws and terms of the contract 804
and the school's progress in meeting the academic goals prescribed 805
in the contract have been satisfactory. Any contract that is 806
renewed under this division remains subject to the provisions of 807
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. 808

       (F) If a community school fails to open for operation within 809
one year after the contract entered into under this section is 810
adopted pursuant to division (D) of section 3314.02 of the Revised 811
Code or permanently closes prior to the expiration of the 812
contract, the contract shall be void and the school shall not 813
enter into a contract with any other sponsor. A school shall not 814
be considered permanently closed because the operations of the 815
school have been suspended pursuant to section 3314.072 of the 816
Revised Code. Any contract that becomes void under this division 817
shall not count toward any statewide limit on the number of such 818
contracts prescribed by section 3314.013 of the Revised Code. 819

       Sec. 3317.01. As used in this section and section 3317.011 820
of the Revised Code, "school district," unless otherwise 821
specified, means any city, local, exempted village, joint 822
vocational, or cooperative education school district and any 823
educational service center. 824

       This chapter shall be administered by the state board of 825
education. The superintendent of public instruction shall 826
calculate the amounts payable to each school district and shall 827
certify the amounts payable to each eligible district to the 828
treasurer of the district as provided by this chapter. No moneys 829
shall be distributed pursuant to this chapter without the approval 830
of the controlling board. 831

       The state board of education shall, in accordance with 832
appropriations made by the general assembly, meet the financial 833
obligations of this chapter. 834

       Annually, the department of education shall calculate and 835
report to each school district the district's total state and 836
local funds for providing an adequate basic education to the 837
district's nonhandicapped students, utilizing the determination in 838
section 3317.012 of the Revised Code. In addition, the department 839
shall calculate and report separately for each school district the 840
district's total state and local funds for providing an adequate 841
education for its handicapped students, utilizing the 842
determinations in both sections 3317.012 and 3317.013 of the 843
Revised Code. 844

       Not later than the thirty-first day of August of each fiscal 845
year, the department of education shall provide to each school 846
district and county MR/DD board a preliminary estimate of the 847
amount of funding that the department calculates the district will 848
receive under each of divisions (C)(1) and (4) of section 3317.022 849
of the Revised Code. No later than the first day of December of 850
each fiscal year, the department shall update that preliminary 851
estimate. 852

       Moneys distributed pursuant to this chapter shall be 853
calculated and paid on a fiscal year basis, beginning with the 854
first day of July and extending through the thirtieth day of June. 855
The moneys appropriated for each fiscal year shall be distributed 856
at least monthly to each school district unless otherwise provided 857
for. The state board shall submit a yearly distribution plan to 858
the controlling board at its first meeting in July. The state 859
board shall submit any proposed midyear revision of the plan to 860
the controlling board in January. Any year-end revision of the 861
plan shall be submitted to the controlling board in June. If 862
moneys appropriated for each fiscal year are distributed other 863
than monthly, such distribution shall be on the same basis for 864
each school district. 865

       The total amounts paid each month shall constitute, as nearly 866
as possible, one-twelfth of the total amount payable for the 867
entire year. 868

       Until fiscal year ~~2006~~2007, payments made during the first 869
six months of the fiscal year may be based on an estimate of the 870
amounts payable for the entire year. Payments made in the last six 871
months shall be based on the final calculation of the amounts 872
payable to each school district for that fiscal year. Payments 873
made in the last six months may be adjusted, if necessary, to 874
correct the amounts distributed in the first six months, and to 875
reflect enrollment increases when such are at least three per 876
cent. 877

        Beginning in fiscal year ~~2006~~2007, payments shall be 878
calculated to reflect the biannual reporting of average daily 879
membership. In fiscal year ~~2006~~2007 and in each fiscal year 880
thereafter, payments for July through December shall be based on 881
student counts certified pursuant to section 3317.03 of the 882
Revised Code for the first full week in October, and payments for 883
January through June shall be based on the average of student 884
counts certified pursuant to that section for the first full week 885
of the previous October and the third full week in February. 886

       Except as otherwise provided, payments under this chapter 887
shall be made only to those school districts in which: 888

       (A) The school district, except for any educational service 889
center and any joint vocational or cooperative education school 890
district, levies for current operating expenses at least twenty 891
mills. Levies for joint vocational or cooperative education school 892
districts or county school financing districts, limited to or to 893
the extent apportioned to current expenses, shall be included in 894
this qualification requirement. School district income tax levies 895
under Chapter 5748. of the Revised Code, limited to or to the 896
extent apportioned to current operating expenses, shall be 897
included in this qualification requirement to the extent 898
determined by the tax commissioner under division (D) of section 899
3317.021 of the Revised Code. 900

       (B) The school year next preceding the fiscal year for which 901
such payments are authorized meets the requirement of section 902
3313.48 or 3313.481 of the Revised Code, with regard to the 903
minimum number of days or hours school must be open for 904
instruction with pupils in attendance, for individualized 905
parent-teacher conference and reporting periods, and for 906
professional meetings of teachers. This requirement shall be 907
waived by the superintendent of public instruction if it had been 908
necessary for a school to be closed because of disease epidemic, 909
hazardous weather conditions, inoperability of school buses or 910
other equipment necessary to the school's operation, damage to a 911
school building, or other temporary circumstances due to utility 912
failure rendering the school building unfit for school use, 913
provided that for those school districts operating pursuant to 914
section 3313.48 of the Revised Code the number of days the school 915
was actually open for instruction with pupils in attendance and 916
for individualized parent-teacher conference and reporting periods 917
is not less than one hundred seventy-five, or for those school 918
districts operating on a trimester plan the number of days the 919
school was actually open for instruction with pupils in attendance 920
not less than seventy-nine days in any trimester, for those school 921
districts operating on a quarterly plan the number of days the 922
school was actually open for instruction with pupils in attendance 923
not less than fifty-nine days in any quarter, or for those school 924
districts operating on a pentamester plan the number of days the 925
school was actually open for instruction with pupils in attendance 926
not less than forty-four days in any pentamester. 927

       A school district shall not be considered to have failed to 928
comply with this division or section 3313.481 of the Revised Code 929
because schools were open for instruction but either twelfth grade 930
students were excused from attendance for up to three days or only 931
a portion of the kindergarten students were in attendance for up 932
to three days in order to allow for the gradual orientation to 933
school of such students. 934

       The superintendent of public instruction shall waive the 935
requirements of this section with reference to the minimum number 936
of days or hours school must be in session with pupils in 937
attendance for the school year succeeding the school year in which 938
a board of education initiates a plan of operation pursuant to 939
section 3313.481 of the Revised Code. The minimum requirements of 940
this section shall again be applicable to such a district 941
beginning with the school year commencing the second July 942
succeeding the initiation of one such plan, and for each school 943
year thereafter. 944

       A school district shall not be considered to have failed to 945
comply with this division or section 3313.48 or 3313.481 of the 946
Revised Code because schools were open for instruction but the 947
length of the regularly scheduled school day, for any number of 948
days during the school year, was reduced by not more than two 949
hours due to hazardous weather conditions. 950

       (C) The school district has on file, and is paying in 951
accordance with, a teachers' salary schedule which complies with 952
section 3317.13 of the Revised Code. 953

       A board of education or governing board of an educational 954
service center which has not conformed with other law and the 955
rules pursuant thereto, shall not participate in the distribution 956
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 957
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good 958
and sufficient reason established to the satisfaction of the state 959
board of education and the state controlling board. 960

       All funds allocated to school districts under this chapter, 961
except those specifically allocated for other purposes, shall be 962
used to pay current operating expenses only. 963

       Sec. 3317.02. As used in this chapter: 964

       (A) Unless otherwise specified, "school district" means city, 965
local, and exempted village school districts. 966

       (B) "Formula amount" means the base cost for the fiscal year 967
specified in division (B)(4) of section 3317.012 of the Revised 968
Code. 969

       (C) "FTE basis" means a count of students based on full-time 970
equivalency, in accordance with rules adopted by the department of 971
education pursuant to section 3317.03 of the Revised Code. In 972
adopting its rules under this division, the department shall 973
provide for counting any student in category one, two, three, 974
four, five, or six special education ADM or in category one or two 975
vocational education ADM in the same proportion the student is 976
counted in formula ADM. 977

       (D) "Formula ADM" means, for a city, local, or exempted 978
village school district, the number reported pursuant to division 979
(A) of section 3317.03 of the Revised Code, and for a joint 980
vocational school district, the number reported pursuant to 981
division (D) of section 3317.03 of the Revised Code. Beginning in 982
fiscal year ~~2006~~2007, for payments in which formula ADM is a 983
factor, for the months of July through December, formula ADM means 984
the number reported in October of that year, and for the months of 985
January through June, formula ADM means the average of the numbers 986
reported in the previous October and in February. 987

       (E) "Three-year average formula ADM" means the average of 988
formula ADMs for the current and preceding two fiscal years. 989

       (F)(1) "Category one special education ADM" means the average 990
daily membership of handicapped children receiving special 991
education services for the handicap specified in division (A) of 992
section 3317.013 of the Revised Code and reported under division 993
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code. 994

       (2) "Category two special education ADM" means the average 995
daily membership of handicapped children receiving special 996
education services for those handicaps specified in division (B) 997
of section 3317.013 of the Revised Code and reported under 998
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised 999
Code. 1000

       (3) "Category three special education ADM" means the average 1001
daily membership of students receiving special education services 1002
for those handicaps specified in division (C) of section 3317.013 1003
of the Revised Code, and reported under division (B)(7) or 1004
(D)(2)(d) of section 3317.03 of the Revised Code. 1005

       (4) "Category four special education ADM" means the average 1006
daily membership of students receiving special education services 1007
for those handicaps specified in division (D) of section 3317.013 1008
of the Revised Code and reported under division (B)(8) or 1009
(D)(2)(e) of section 3317.03 of the Revised Code. 1010

       (5) "Category five special education ADM" means the average 1011
daily membership of students receiving special education services 1012
for the handicap specified in division (E) of section 3317.013 of 1013
the Revised Code and reported under division (B)(9) or (D)(2)(f) 1014
of section 3317.03 of the Revised Code. 1015

       (6) "Category six special education ADM" means the average 1016
daily membership of students receiving special education services 1017
for the handicap specified in division (F) of section 3317.013 of 1018
the Revised Code and reported under division (B)(10) or (D)(2)(g) 1019
of section 3317.03 of the Revised Code. 1020

       (7) "Category one vocational education ADM" means the average 1021
daily membership of students receiving vocational education 1022
services described in division (A) of section 3317.014 of the 1023
Revised Code and reported under division (B)(11) or (D)(2)(h) of 1024
section 3317.03 of the Revised Code. 1025

       (8) "Category two vocational education ADM" means the average 1026
daily membership of students receiving vocational education 1027
services described in division (B) of section 3317.014 of the 1028
Revised Code and reported under division (B)(12) or (D)(2)(i) of 1029
section 3317.03 of the Revised Code. 1030

        Beginning in fiscal year ~~2006~~2007, for payments in which 1031
category one through six special education ADM or category one or 1032
two vocational education ADM is a factor, for the months of July 1033
through December, those terms mean the numbers as described in 1034
division (F)(1) through (8) of this section, respectively, 1035
reported in October of that year, and for the months of January 1036
through June, those terms mean the average of the numbers as 1037
described in division (F)(1) through (8) of this section, 1038
respectively, reported in the previous October and in February. 1039

       (G) "Handicapped preschool child" means a handicapped child, 1040
as defined in section 3323.01 of the Revised Code, who is at least 1041
age three but is not of compulsory school age, as defined in 1042
section 3321.01 of the Revised Code, and who is not currently 1043
enrolled in kindergarten. 1044

       (H) "County MR/DD board" means a county board of mental 1045
retardation and developmental disabilities. 1046

       (I) "Recognized valuation" means the amount calculated for a 1047
school district pursuant to section 3317.015 of the Revised Code. 1048

       (J) "Transportation ADM" means the number of children 1049
reported under division (B)(13) of section 3317.03 of the Revised 1050
Code. 1051

       (K) "Average efficient transportation use cost per student" 1052
means a statistical representation of transportation costs as 1053
calculated under division (D)(2) of section 3317.022 of the 1054
Revised Code. 1055

       (L) "Taxes charged and payable" means the taxes charged and 1056
payable against real and public utility property after making the 1057
reduction required by section 319.301 of the Revised Code, plus 1058
the taxes levied against tangible personal property. 1059

       (M) "Total taxable value" means the sum of the amounts 1060
certified for a city, local, exempted village, or joint vocational 1061
school district under divisions (A)(1) and (2) of section 3317.021 1062
of the Revised Code. 1063

       (N) "Cost-of-doing-business factor" means the amount 1064
indicated in division (N)(1) or (2) of this section for the county 1065
in which a city, local, exempted village, or joint vocational 1066
school district is located. If a city, local, or exempted village 1067
school district is located in more than one county, the factor is 1068
the amount indicated for the county to which the district is 1069
assigned by the state department of education. If a joint 1070
vocational school district is located in more than one county, the 1071
factor is the amount indicated for the county in which the joint 1072
vocational school with the greatest formula ADM operated by the 1073
district is located. 1074

       (1) In fiscal year 2006, the cost-of-doing-business factor 1075
for each county is: 1076

COST-OF-DOING-BUSINESS 1077

COUNTY FACTOR AMOUNT 1078

Adams 1.00233 1079

Allen 1.01373 1080

Ashland 1.01980 1081

Ashtabula 1.02647 1082

Athens 1.00093 1083

Auglaize 1.01647 1084

Belmont 1.00427 1085

Brown 1.01180 1086

Butler 1.04307 1087

Carroll 1.00913 1088

Champaign 1.02973 1089

Clark 1.02980 1090

Clermont 1.03607 1091

Clinton 1.02193 1092

Columbiana 1.01427 1093

Coshocton 1.01153 1094

Crawford 1.01093 1095

Cuyahoga 1.04173 1096

Darke 1.02253 1097

Defiance 1.00973 1098

Delaware 1.03520 1099

Erie 1.02587 1100

Fairfield 1.02440 1101

Fayette 1.02127 1102

Franklin 1.04053 1103

Fulton 1.0220 1104

Gallia 1.00000 1105

Geauga 1.03340 1106

Greene 1.02960 1107

Guernsey 1.00440 1108

Hamilton 1.05000 1109

Hancock 1.01433 1110

Hardin 1.02373 1111

Harrison 1.00493 1112

Henry 1.02120 1113

Highland 1.00987 1114

Hocking 1.01253 1115

Holmes 1.01187 1116

Huron 1.01953 1117

Jackson 1.00920 1118

Jefferson 1.00487 1119

Knox 1.01860 1120

Lake 1.03493 1121

Lawrence 1.00540 1122

Licking 1.02540 1123

Logan 1.02567 1124

Lorain 1.03433 1125

Lucas 1.02600 1126

Madison 1.03253 1127

Mahoning 1.02307 1128

Marion 1.02040 1129

Medina 1.03573 1130

Meigs 1.00173 1131

Mercer 1.01353 1132

Miami 1.02740 1133

Monroe 1.00333 1134

Montgomery 1.03020 1135

Morgan 1.00593 1136

Morrow 1.02007 1137

Muskingum 1.00847 1138

Noble 1.00487 1139

Ottawa 1.03240 1140

Paulding 1.00767 1141

Perry 1.01067 1142

Pickaway 1.02607 1143

Pike 1.00687 1144

Portage 1.03147 1145

Preble 1.02947 1146

Putnam 1.01440 1147

Richland 1.01327 1148

Ross 1.01007 1149

Sandusky 1.02140 1150

Scioto 1.00080 1151

Seneca 1.01487 1152

Shelby 1.01853 1153

Stark 1.01700 1154

Summit 1.03613 1155

Trumbull 1.02340 1156

Tuscarawas 1.00593 1157

Union 1.03333 1158

Van Wert 1.00887 1159

Vinton 1.00633 1160

Warren 1.04387 1161

Washington 1.00400 1162

Wayne 1.02320 1163

Williams 1.01520 1164

Wood 1.02400 1165

Wyandot 1.01140 1166

       (2) In fiscal year 2007, the cost-of-doing-business factor 1167
for each county is: 1168

COST-OF-DOING-BUSINESS 1169

COUNTY FACTOR AMOUNT 1170

Adams 1.00117 1171

Allen 1.00687 1172

Ashland 1.00990 1173

Ashtabula 1.01323 1174

Athens 1.00047 1175

Auglaize 1.00823 1176

Belmont 1.00213 1177

Brown 1.00590 1178

Butler 1.02153 1179

Carroll 1.00457 1180

Champaign 1.01487 1181

Clark 1.01490 1182

Clermont 1.01803 1183

Clinton 1.01097 1184

Columbiana 1.00713 1185

Coshocton 1.00577 1186

Crawford 1.00547 1187

Cuyahoga 1.02087 1188

Darke 1.01127 1189

Defiance 1.00487 1190

Delaware 1.01760 1191

Erie 1.01293 1192

Fairfield 1.01220 1193

Fayette 1.01063 1194

Franklin 1.02027 1195

Fulton 1.01100 1196

Gallia 1.00000 1197

Geauga 1.01670 1198

Greene 1.01480 1199

Guernsey 1.00220 1200

Hamilton 1.02500 1201

Hancock 1.00717 1202

Hardin 1.01187 1203

Harrison 1.00247 1204

Henry 1.01060 1205

Highland 1.00493 1206

Hocking 1.00627 1207

Holmes 1.00593 1208

Huron 1.00977 1209

Jackson 1.00460 1210

Jefferson 1.00243 1211

Knox 1.00930 1212

Lake 1.01747 1213

Lawrence 1.00270 1214

Licking 1.01270 1215

Logan 1.01283 1216

Lorain 1.01717 1217

Lucas 1.01300 1218

Madison 1.01627 1219

Mahoning 1.01153 1220

Marion 1.01020 1221

Medina 1.01787 1222

Meigs 1.00087 1223

Mercer 1.00677 1224

Miami 1.01370 1225

Monroe 1.00167 1226

Montgomery 1.01510 1227

Morgan 1.00297 1228

Morrow 1.01003 1229

Muskingum 1.00423 1230

Noble 1.00243 1231

Ottawa 1.01620 1232

Paulding 1.00383 1233

Perry 1.00533 1234

Pickaway 1.01303 1235

Pike 1.00343 1236

Portage 1.01573 1237

Preble 1.01473 1238

Putnam 1.00720 1239

Richland 1.00663 1240

Ross 1.00503 1241

Sandusky 1.01070 1242

Scioto 1.00040 1243

Seneca 1.00743 1244

Shelby 1.00927 1245

Stark 1.00850 1246

Summit 1.01807 1247

Trumbull 1.01170 1248

Tuscarawas 1.00297 1249

Union 1.01667 1250

Van Wert 1.00443 1251

Vinton 1.00317 1252

Warren 1.02193 1253

Washington 1.00200 1254

Wayne 1.01160 1255

Williams 1.00760 1256

Wood 1.01200 1257
Wyandot 1.00570 1258

       (O) "Tax exempt value" of a school district means the amount 1259
certified for a school district under division (A)(4) of section 1260
3317.021 of the Revised Code. 1261

       (P) "Potential value" of a school district means the 1262
recognized valuation of a school district plus the tax exempt 1263
value of the district. 1264

       (Q) "District median income" means the median Ohio adjusted 1265
gross income certified for a school district. On or before the 1266
first day of July of each year, the tax commissioner shall certify 1267
to the department of education for each city, exempted village, 1268
and local school district the median Ohio adjusted gross income of 1269
the residents of the school district determined on the basis of 1270
tax returns filed for the second preceding tax year by the 1271
residents of the district. 1272

       (R) "Statewide median income" means the median district 1273
median income of all city, exempted village, and local school 1274
districts in the state. 1275

       (S) "Income factor" for a city, exempted village, or local 1276
school district means the quotient obtained by dividing that 1277
district's median income by the statewide median income. 1278

       (T) "Medically fragile child" means a child to whom all of 1279
the following apply: 1280

       (1) The child requires the services of a doctor of medicine 1281
or osteopathic medicine at least once a week due to the 1282
instability of the child's medical condition. 1283

       (2) The child requires the services of a registered nurse on 1284
a daily basis. 1285

       (3) The child is at risk of institutionalization in a 1286
hospital, skilled nursing facility, or intermediate care facility 1287
for the mentally retarded. 1288

       (U) A child may be identified as "other health 1289
handicapped-major" if the child's condition meets the definition 1290
of "other health impaired" established in rules adopted by the 1291
state board of education prior to July 1, 2001, and if either of 1292
the following apply: 1293

       (1) The child is identified as having a medical condition 1294
that is among those listed by the superintendent of public 1295
instruction as conditions where a substantial majority of cases 1296
fall within the definition of "medically fragile child." The 1297
superintendent of public instruction shall issue an initial list 1298
no later than September 1, 2001. 1299

       (2) The child is determined by the superintendent of public 1300
instruction to be a medically fragile child. A school district 1301
superintendent may petition the superintendent of public 1302
instruction for a determination that a child is a medically 1303
fragile child. 1304

       (V) A child may be identified as "other health 1305
handicapped-minor" if the child's condition meets the definition 1306
of "other health impaired" established in rules adopted by the 1307
state board of education prior to July 1, 2001, but the child's 1308
condition does not meet either of the conditions specified in 1309
division (U)(1) or (2) of this section. 1310

       (W) "SF-3 payment" means the sum of the payments to a school 1311
district in a fiscal year under divisions (A), (C)(1), (C)(4), 1312
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) 1313
of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217, 1314
3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after 1315
making the adjustments required by sections 3313.981 and 3313.979 1316
of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M), 1317
(N), and (O) of section 3317.023, and division (C) of section 1318
3317.20 of the Revised Code. 1319

       (X) "Property exemption value" means zero in fiscal year 1320
2006, and in fiscal year 2007 and each fiscal year thereafter, the 1321
amount certified for a school district under divisions (A)(6) and 1322
(7) of section 3317.021 of the Revised Code. 1323

       Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and 1324
(C) of this section, any student enrolled in kindergarten more 1325
than half time shall be reported as one-half student under this 1326
section. 1327

       (A) The superintendent of each city and exempted village 1328
school district and of each educational service center shall, for 1329
the schools under the superintendent's supervision, certify to the 1330
state board of education on or before the fifteenth day of October 1331
in each year for the first full school week in October the formula 1332
ADM. Beginning in fiscal year ~~2006~~2007, each superintendent also 1333
shall certify to the state board, for the schools under the 1334
superintendent's supervision, the formula ADM for the third full 1335
week in February. If a school under the superintendent's 1336
supervision is closed for one or more days during that week due to 1337
hazardous weather conditions or other circumstances described in 1338
the first paragraph of division (B) of section 3317.01 of the 1339
Revised Code, the superintendent may apply to the superintendent 1340
of public instruction for a waiver, under which the superintendent 1341
of public instruction may exempt the district superintendent from 1342
certifying the formula ADM for that school for that week and 1343
specify an alternate week for certifying the formula ADM of that 1344
school. 1345

       The formula ADM shall consist of the average daily membership 1346
during such week of the sum of the following: 1347

       (1) On an FTE basis, the number of students in grades 1348
kindergarten through twelve receiving any educational services 1349
from the district, except that the following categories of 1350
students shall not be included in the determination: 1351

       (a) Students enrolled in adult education classes; 1352

       (b) Adjacent or other district students enrolled in the 1353
district under an open enrollment policy pursuant to section 1354
3313.98 of the Revised Code; 1355

       (c) Students receiving services in the district pursuant to a 1356
compact, cooperative education agreement, or a contract, but who 1357
are entitled to attend school in another district pursuant to 1358
section 3313.64 or 3313.65 of the Revised Code; 1359

       (d) Students for whom tuition is payable pursuant to sections 1360
3317.081 and 3323.141 of the Revised Code. 1361

       (2) On an FTE basis, the number of students entitled to 1362
attend school in the district pursuant to section 3313.64 or 1363
3313.65 of the Revised Code, but receiving educational services in 1364
grades kindergarten through twelve from one or more of the 1365
following entities: 1366

       (a) A community school pursuant to Chapter 3314. of the 1367
Revised Code, including any participation in a college pursuant to 1368
Chapter 3365. of the Revised Code while enrolled in such community 1369
school; 1370

       (b) An alternative school pursuant to sections 3313.974 to 1371
3313.979 of the Revised Code as described in division (I)(2)(a) or 1372
(b) of this section; 1373

       (c) A college pursuant to Chapter 3365. of the Revised Code, 1374
except when the student is enrolled in the college while also 1375
enrolled in a community school pursuant to Chapter 3314. of the 1376
Revised Code; 1377

       (d) An adjacent or other school district under an open 1378
enrollment policy adopted pursuant to section 3313.98 of the 1379
Revised Code; 1380

       (e) An educational service center or cooperative education 1381
district; 1382

       (f) Another school district under a cooperative education 1383
agreement, compact, or contract; 1384

       (g) A chartered nonpublic school with a scholarship paid 1385
under section 3310.08 of the Revised Code. 1386

       (3) Twenty per cent of the number of students enrolled in a 1387
joint vocational school district or under a vocational education 1388
compact, excluding any students entitled to attend school in the 1389
district under section 3313.64 or 3313.65 of the Revised Code who 1390
are enrolled in another school district through an open enrollment 1391
policy as reported under division (A)(2)(d) of this section and 1392
then enroll in a joint vocational school district or under a 1393
vocational education compact; 1394

       (4) The number of handicapped children, other than 1395
handicapped preschool children, entitled to attend school in the 1396
district pursuant to section 3313.64 or 3313.65 of the Revised 1397
Code who are placed with a county MR/DD board, minus the number of 1398
such children placed with a county MR/DD board in fiscal year 1399
1998. If this calculation produces a negative number, the number 1400
reported under division (A)(4) of this section shall be zero. 1401

        (5) In the case of the report submitted for the third full 1402
week in February, or the alternative week if specified by the 1403
superintendent of public instruction, the number of students 1404
reported under division (A)(1) or (2) of this section for the 1405
first full week of the preceding October but who since that week 1406
have received high school diplomas. 1407

       (B) To enable the department of education to obtain the data 1408
needed to complete the calculation of payments pursuant to this 1409
chapter, in addition to the formula ADM, each superintendent shall 1410
report separately the following student counts for the same week 1411
for which formula ADM is certified: 1412

       (1) The total average daily membership in regular day classes 1413
included in the report under division (A)(1) or (2) of this 1414
section for kindergarten, and each of grades one through twelve in 1415
schools under the superintendent's supervision; 1416

       (2) The number of all handicapped preschool children enrolled 1417
as of the first day of December in classes in the district that 1418
are eligible for approval under division (B) of section 3317.05 of 1419
the Revised Code and the number of those classes, which shall be 1420
reported not later than the fifteenth day of December, in 1421
accordance with rules adopted under that section; 1422

       (3) The number of children entitled to attend school in the 1423
district pursuant to section 3313.64 or 3313.65 of the Revised 1424
Code who are: 1425

       (a) Participating in a pilot project scholarship program 1426
established under sections 3313.974 to 3313.979 of the Revised 1427
Code as described in division (I)(2)(a) or (b) of this section; 1428

       (b) Enrolled in a college under Chapter 3365. of the Revised 1429
Code, except when the student is enrolled in the college while 1430
also enrolled in a community school pursuant to Chapter 3314. of 1431
the Revised Code; 1432

       (c) Enrolled in an adjacent or other school district under 1433
section 3313.98 of the Revised Code; 1434

       (d) Enrolled in a community school established under Chapter 1435
3314. of the Revised Code that is not an internet- or 1436
computer-based community school as defined in section 3314.02 of 1437
the Revised Code, including any participation in a college 1438
pursuant to Chapter 3365. of the Revised Code while enrolled in 1439
such community school; 1440

       (e) Enrolled in an internet- or computer-based community 1441
school, as defined in section 3314.02 of the Revised Code, 1442
including any participation in a college pursuant to Chapter 3365. 1443
of the Revised Code while enrolled in the school; 1444

        (f) Enrolled in a chartered nonpublic school with a 1445
scholarship paid under section 3310.08 of the Revised Code; 1446

       (g) Participating in a program operated by a county MR/DD 1447
board or a state institution;. 1448

       (4) The number of pupils enrolled in joint vocational 1449
schools; 1450

       (5) The average daily membership of handicapped children 1451
reported under division (A)(1) or (2) of this section receiving 1452
special education services for the category one handicap described 1453
in division (A) of section 3317.013 of the Revised Code; 1454

       (6) The average daily membership of handicapped children 1455
reported under division (A)(1) or (2) of this section receiving 1456
special education services for category two handicaps described in 1457
division (B) of section 3317.013 of the Revised Code; 1458

       (7) The average daily membership of handicapped children 1459
reported under division (A)(1) or (2) of this section receiving 1460
special education services for category three handicaps described 1461
in division (C) of section 3317.013 of the Revised Code; 1462

       (8) The average daily membership of handicapped children 1463
reported under division (A)(1) or (2) of this section receiving 1464
special education services for category four handicaps described 1465
in division (D) of section 3317.013 of the Revised Code; 1466

       (9) The average daily membership of handicapped children 1467
reported under division (A)(1) or (2) of this section receiving 1468
special education services for the category five handicap 1469
described in division (E) of section 3317.013 of the Revised Code; 1470

       (10) The average daily membership of handicapped children 1471
reported under division (A)(1) or (2) of this section receiving 1472
special education services for category six handicaps described in 1473
division (F) of section 3317.013 of the Revised Code; 1474

       (11) The average daily membership of pupils reported under 1475
division (A)(1) or (2) of this section enrolled in category one 1476
vocational education programs or classes, described in division 1477
(A) of section 3317.014 of the Revised Code, operated by the 1478
school district or by another district, other than a joint 1479
vocational school district, or by an educational service center, 1480
excluding any student reported under division (B)(3)(e) of this 1481
section as enrolled in an internet- or computer-based community 1482
school, notwithstanding division (C) of section 3317.02 of the 1483
Revised Code and division (C)(3) of this section; 1484

       (12) The average daily membership of pupils reported under 1485
division (A)(1) or (2) of this section enrolled in category two 1486
vocational education programs or services, described in division 1487
(B) of section 3317.014 of the Revised Code, operated by the 1488
school district or another school district, other than a joint 1489
vocational school district, or by an educational service center, 1490
excluding any student reported under division (B)(3)(e) of this 1491
section as enrolled in an internet- or computer-based community 1492
school, notwithstanding division (C) of section 3317.02 of the 1493
Revised Code and division (C)(3) of this section; 1494

       (13) The average number of children transported by the school 1495
district on board-owned or contractor-owned and -operated buses, 1496
reported in accordance with rules adopted by the department of 1497
education; 1498

       (14)(a) The number of children, other than handicapped 1499
preschool children, the district placed with a county MR/DD board 1500
in fiscal year 1998; 1501

       (b) The number of handicapped children, other than 1502
handicapped preschool children, placed with a county MR/DD board 1503
in the current fiscal year to receive special education services 1504
for the category one handicap described in division (A) of section 1505
3317.013 of the Revised Code; 1506

       (c) The number of handicapped children, other than 1507
handicapped preschool children, placed with a county MR/DD board 1508
in the current fiscal year to receive special education services 1509
for category two handicaps described in division (B) of section 1510
3317.013 of the Revised Code; 1511

       (d) The number of handicapped children, other than 1512
handicapped preschool children, placed with a county MR/DD board 1513
in the current fiscal year to receive special education services 1514
for category three handicaps described in division (C) of section 1515
3317.013 of the Revised Code; 1516

       (e) The number of handicapped children, other than 1517
handicapped preschool children, placed with a county MR/DD board 1518
in the current fiscal year to receive special education services 1519
for category four handicaps described in division (D) of section 1520
3317.013 of the Revised Code; 1521

       (f) The number of handicapped children, other than 1522
handicapped preschool children, placed with a county MR/DD board 1523
in the current fiscal year to receive special education services 1524
for the category five handicap described in division (E) of 1525
section 3317.013 of the Revised Code; 1526

       (g) The number of handicapped children, other than 1527
handicapped preschool children, placed with a county MR/DD board 1528
in the current fiscal year to receive special education services 1529
for category six handicaps described in division (F) of section 1530
3317.013 of the Revised Code. 1531

       (C)(1) Except as otherwise provided in this section for 1532
kindergarten students, the average daily membership in divisions 1533
(B)(1) to (12) of this section shall be based upon the number of 1534
full-time equivalent students. The state board of education shall 1535
adopt rules defining full-time equivalent students and for 1536
determining the average daily membership therefrom for the 1537
purposes of divisions (A), (B), and (D) of this section. 1538

       (2) A student enrolled in a community school established 1539
under Chapter 3314. of the Revised Code shall be counted in the 1540
formula ADM and, if applicable, the category one, two, three, 1541
four, five, or six special education ADM of the school district in 1542
which the student is entitled to attend school under section 1543
3313.64 or 3313.65 of the Revised Code for the same proportion of 1544
the school year that the student is counted in the enrollment of 1545
the community school for purposes of section 3314.08 of the 1546
Revised Code. 1547

        (3) No child shall be counted as more than a total of one 1548
child in the sum of the average daily memberships of a school 1549
district under division (A), divisions (B)(1) to (12), or division 1550
(D) of this section, except as follows: 1551

       (a) A child with a handicap described in section 3317.013 of 1552
the Revised Code may be counted both in formula ADM and in 1553
category one, two, three, four, five, or six special education ADM 1554
and, if applicable, in category one or two vocational education 1555
ADM. As provided in division (C) of section 3317.02 of the Revised 1556
Code, such a child shall be counted in category one, two, three, 1557
four, five, or six special education ADM in the same proportion 1558
that the child is counted in formula ADM. 1559

       (b) A child enrolled in vocational education programs or 1560
classes described in section 3317.014 of the Revised Code may be 1561
counted both in formula ADM and category one or two vocational 1562
education ADM and, if applicable, in category one, two, three, 1563
four, five, or six special education ADM. Such a child shall be 1564
counted in category one or two vocational education ADM in the 1565
same proportion as the percentage of time that the child spends in 1566
the vocational education programs or classes. 1567

       (4) Based on the information reported under this section, the 1568
department of education shall determine the total student count, 1569
as defined in section 3301.011 of the Revised Code, for each 1570
school district. 1571

       (D)(1) The superintendent of each joint vocational school 1572
district shall certify to the superintendent of public instruction 1573
on or before the fifteenth day of October in each year for the 1574
first full school week in October the formula ADM. Beginning in 1575
fiscal year ~~2006~~2007, each superintendent also shall certify to 1576
the state superintendent the formula ADM for the third full week 1577
in February. If a school operated by the joint vocational school 1578
district is closed for one or more days during that week due to 1579
hazardous weather conditions or other circumstances described in 1580
the first paragraph of division (B) of section 3317.01 of the 1581
Revised Code, the superintendent may apply to the superintendent 1582
of public instruction for a waiver, under which the superintendent 1583
of public instruction may exempt the district superintendent from 1584
certifying the formula ADM for that school for that week and 1585
specify an alternate week for certifying the formula ADM of that 1586
school. 1587

       The formula ADM, except as otherwise provided in this 1588
division, shall consist of the average daily membership during 1589
such week, on an FTE basis, of the number of students receiving 1590
any educational services from the district, including students 1591
enrolled in a community school established under Chapter 3314. of 1592
the Revised Code who are attending the joint vocational district 1593
under an agreement between the district board of education and the 1594
governing authority of the community school and are entitled to 1595
attend school in a city, local, or exempted village school 1596
district whose territory is part of the territory of the joint 1597
vocational district. In the case of the report submitted for the 1598
third week in February, or the alternative week if specified by 1599
the superintendent of public instruction, the superintendent of 1600
the joint vocational school district may include the number of 1601
students reported under division (D)(1) of this section for the 1602
first full week of the preceding October but who since that week 1603
have received high school diplomas. 1604

        The following categories of students shall not be included in 1605
the determination made under division (D)(1) of this section: 1606

       (a) Students enrolled in adult education classes; 1607

       (b) Adjacent or other district joint vocational students 1608
enrolled in the district under an open enrollment policy pursuant 1609
to section 3313.98 of the Revised Code; 1610

       (c) Students receiving services in the district pursuant to a 1611
compact, cooperative education agreement, or a contract, but who 1612
are entitled to attend school in a city, local, or exempted 1613
village school district whose territory is not part of the 1614
territory of the joint vocational district; 1615

       (d) Students for whom tuition is payable pursuant to sections 1616
3317.081 and 3323.141 of the Revised Code. 1617

       (2) To enable the department of education to obtain the data 1618
needed to complete the calculation of payments pursuant to this 1619
chapter, in addition to the formula ADM, each superintendent shall 1620
report separately the average daily membership included in the 1621
report under division (D)(1) of this section for each of the 1622
following categories of students for the same week for which 1623
formula ADM is certified: 1624

       (a) Students enrolled in each grade included in the joint 1625
vocational district schools; 1626

       (b) Handicapped children receiving special education services 1627
for the category one handicap described in division (A) of section 1628
3317.013 of the Revised Code; 1629

       (c) Handicapped children receiving special education services 1630
for the category two handicaps described in division (B) of 1631
section 3317.013 of the Revised Code; 1632

       (d) Handicapped children receiving special education services 1633
for category three handicaps described in division (C) of section 1634
3317.013 of the Revised Code; 1635

       (e) Handicapped children receiving special education services 1636
for category four handicaps described in division (D) of section 1637
3317.013 of the Revised Code; 1638

       (f) Handicapped children receiving special education services 1639
for the category five handicap described in division (E) of 1640
section 3317.013 of the Revised Code; 1641

       (g) Handicapped children receiving special education services 1642
for category six handicaps described in division (F) of section 1643
3317.013 of the Revised Code; 1644

       (h) Students receiving category one vocational education 1645
services, described in division (A) of section 3317.014 of the 1646
Revised Code; 1647

       (i) Students receiving category two vocational education 1648
services, described in division (B) of section 3317.014 of the 1649
Revised Code. 1650

       The superintendent of each joint vocational school district 1651
shall also indicate the city, local, or exempted village school 1652
district in which each joint vocational district pupil is entitled 1653
to attend school pursuant to section 3313.64 or 3313.65 of the 1654
Revised Code. 1655

       (E) In each school of each city, local, exempted village, 1656
joint vocational, and cooperative education school district there 1657
shall be maintained a record of school membership, which record 1658
shall accurately show, for each day the school is in session, the 1659
actual membership enrolled in regular day classes. For the purpose 1660
of determining average daily membership, the membership figure of 1661
any school shall not include any pupils except those pupils 1662
described by division (A) of this section. The record of 1663
membership for each school shall be maintained in such manner that 1664
no pupil shall be counted as in membership prior to the actual 1665
date of entry in the school and also in such manner that where for 1666
any cause a pupil permanently withdraws from the school that pupil 1667
shall not be counted as in membership from and after the date of 1668
such withdrawal. There shall not be included in the membership of 1669
any school any of the following: 1670

       (1) Any pupil who has graduated from the twelfth grade of a 1671
public high school; 1672

       (2) Any pupil who is not a resident of the state; 1673

       (3) Any pupil who was enrolled in the schools of the district 1674
during the previous school year when tests were administered under 1675
section 3301.0711 of the Revised Code but did not take one or more 1676
of the tests required by that section and was not excused pursuant 1677
to division (C)(1) or (3) of that section; 1678

       (4) Any pupil who has attained the age of twenty-two years, 1679
except for veterans of the armed services whose attendance was 1680
interrupted before completing the recognized twelve-year course of 1681
the public schools by reason of induction or enlistment in the 1682
armed forces and who apply for reenrollment in the public school 1683
system of their residence not later than four years after 1684
termination of war or their honorable discharge. 1685

       If, however, any veteran described by division (E)(4) of this 1686
section elects to enroll in special courses organized for veterans 1687
for whom tuition is paid under the provisions of federal laws, or 1688
otherwise, that veteran shall not be included in average daily 1689
membership. 1690

       Notwithstanding division (E)(3) of this section, the 1691
membership of any school may include a pupil who did not take a 1692
test required by section 3301.0711 of the Revised Code if the 1693
superintendent of public instruction grants a waiver from the 1694
requirement to take the test to the specific pupil. The 1695
superintendent may grant such a waiver only for good cause in 1696
accordance with rules adopted by the state board of education. 1697

       Except as provided in divisions (B)(2) and (F) of this 1698
section, the average daily membership figure of any local, city, 1699
exempted village, or joint vocational school district shall be 1700
determined by dividing the figure representing the sum of the 1701
number of pupils enrolled during each day the school of attendance 1702
is actually open for instruction during the week for which the 1703
formula ADM is being certified by the total number of days the 1704
school was actually open for instruction during that week. For 1705
purposes of state funding, "enrolled" persons are only those 1706
pupils who are attending school, those who have attended school 1707
during the current school year and are absent for authorized 1708
reasons, and those handicapped children currently receiving home 1709
instruction. 1710

       The average daily membership figure of any cooperative 1711
education school district shall be determined in accordance with 1712
rules adopted by the state board of education. 1713

       (F)(1) If the formula ADM for the first full school week in 1714
February is at least three per cent greater than that certified 1715
for the first full school week in the preceding October, the 1716
superintendent of schools of any city, exempted village, or joint 1717
vocational school district or educational service center shall 1718
certify such increase to the superintendent of public instruction. 1719
Such certification shall be submitted no later than the fifteenth 1720
day of February. For the balance of the fiscal year, beginning 1721
with the February payments, the superintendent of public 1722
instruction shall use the increased formula ADM in calculating or 1723
recalculating the amounts to be allocated in accordance with 1724
section 3317.022 or 3317.16 of the Revised Code. In no event shall 1725
the superintendent use an increased membership certified to the 1726
superintendent after the fifteenth day of February. Division 1727
(F)(1) of this section does not apply after fiscal year ~~2005~~2006. 1728

       (2) If on the first school day of April the total number of 1729
classes or units for handicapped preschool children that are 1730
eligible for approval under division (B) of section 3317.05 of the 1731
Revised Code exceeds the number of units that have been approved 1732
for the year under that division, the superintendent of schools of 1733
any city, exempted village, or cooperative education school 1734
district or educational service center shall make the 1735
certifications required by this section for that day. If the 1736
department determines additional units can be approved for the 1737
fiscal year within any limitations set forth in the acts 1738
appropriating moneys for the funding of such units, the department 1739
shall approve additional units for the fiscal year on the basis of 1740
such average daily membership. For each unit so approved, the 1741
department shall pay an amount computed in the manner prescribed 1742
in section 3317.052 or 3317.19 and section 3317.053 of the Revised 1743
Code. 1744

       (3) If a student attending a community school under Chapter 1745
3314. of the Revised Code is not included in the formula ADM 1746
certified for the school district in which the student is entitled 1747
to attend school under section 3313.64 or 3313.65 of the Revised 1748
Code, the department of education shall adjust the formula ADM of 1749
that school district to include the community school student in 1750
accordance with division (C)(2) of this section, and shall 1751
recalculate the school district's payments under this chapter for 1752
the entire fiscal year on the basis of that adjusted formula ADM. 1753
This requirement applies regardless of whether the student was 1754
enrolled, as defined in division (E) of this section, in the 1755
community school during the first full school week in October. 1756

       (G)(1)(a) The superintendent of an institution operating a 1757
special education program pursuant to section 3323.091 of the 1758
Revised Code shall, for the programs under such superintendent's 1759
supervision, certify to the state board of education, in the 1760
manner prescribed by the superintendent of public instruction, 1761
both of the following: 1762

       (i) The average daily membership of all handicapped children 1763
other than handicapped preschool children receiving services at 1764
the institution for each category of handicap described in 1765
divisions (A) to (F) of section 3317.013 of the Revised Code; 1766

       (ii) The average daily membership of all handicapped 1767
preschool children in classes or programs approved annually by the 1768
department of education for unit funding under section 3317.05 of 1769
the Revised Code. 1770

       (b) The superintendent of an institution with vocational 1771
education units approved under division (A) of section 3317.05 of 1772
the Revised Code shall, for the units under the superintendent's 1773
supervision, certify to the state board of education the average 1774
daily membership in those units, in the manner prescribed by the 1775
superintendent of public instruction. 1776

       (2) The superintendent of each county MR/DD board that 1777
maintains special education classes under section 3317.20 of the 1778
Revised Code or units approved pursuant to section 3317.05 of the 1779
Revised Code shall do both of the following: 1780

       (a) Certify to the state board, in the manner prescribed by 1781
the board, the average daily membership in classes under section 1782
3317.20 of the Revised Code for each school district that has 1783
placed children in the classes; 1784

       (b) Certify to the state board, in the manner prescribed by 1785
the board, the number of all handicapped preschool children 1786
enrolled as of the first day of December in classes eligible for 1787
approval under division (B) of section 3317.05 of the Revised 1788
Code, and the number of those classes. 1789

       (3)(a) If on the first school day of April the number of 1790
classes or units maintained for handicapped preschool children by 1791
the county MR/DD board that are eligible for approval under 1792
division (B) of section 3317.05 of the Revised Code is greater 1793
than the number of units approved for the year under that 1794
division, the superintendent shall make the certification required 1795
by this section for that day. 1796

       (b) If the department determines that additional classes or 1797
units can be approved for the fiscal year within any limitations 1798
set forth in the acts appropriating moneys for the funding of the 1799
classes and units described in division (G)(3)(a) of this section, 1800
the department shall approve and fund additional units for the 1801
fiscal year on the basis of such average daily membership. For 1802
each unit so approved, the department shall pay an amount computed 1803
in the manner prescribed in sections 3317.052 and 3317.053 of the 1804
Revised Code. 1805

       (H) Except as provided in division (I) of this section, when 1806
any city, local, or exempted village school district provides 1807
instruction for a nonresident pupil whose attendance is 1808
unauthorized attendance as defined in section 3327.06 of the 1809
Revised Code, that pupil's membership shall not be included in 1810
that district's membership figure used in the calculation of that 1811
district's formula ADM or included in the determination of any 1812
unit approved for the district under section 3317.05 of the 1813
Revised Code. The reporting official shall report separately the 1814
average daily membership of all pupils whose attendance in the 1815
district is unauthorized attendance, and the membership of each 1816
such pupil shall be credited to the school district in which the 1817
pupil is entitled to attend school under division (B) of section 1818
3313.64 or section 3313.65 of the Revised Code as determined by 1819
the department of education. 1820

       (I)(1) A city, local, exempted village, or joint vocational 1821
school district admitting a scholarship student of a pilot project 1822
district pursuant to division (C) of section 3313.976 of the 1823
Revised Code may count such student in its average daily 1824
membership. 1825

       (2) In any year for which funds are appropriated for pilot 1826
project scholarship programs, a school district implementing a 1827
state-sponsored pilot project scholarship program that year 1828
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 1829
count in average daily membership: 1830

       (a) All children residing in the district and utilizing a 1831
scholarship to attend kindergarten in any alternative school, as 1832
defined in section 3313.974 of the Revised Code; 1833

       (b) All children who were enrolled in the district in the 1834
preceding year who are utilizing a scholarship to attend any such 1835
alternative school. 1836

       (J) The superintendent of each cooperative education school 1837
district shall certify to the superintendent of public 1838
instruction, in a manner prescribed by the state board of 1839
education, the applicable average daily memberships for all 1840
students in the cooperative education district, also indicating 1841
the city, local, or exempted village district where each pupil is 1842
entitled to attend school under section 3313.64 or 3313.65 of the 1843
Revised Code. 1844

       Sec. 3319.291. (A) ~~When any person initially applies for any~~ 1845
~~certificate, license, or permit described in division (B) of~~ 1846
~~section 3301.071, in section 3301.074, 3319.088, 3319.29,~~ 1847
~~3319.302, or 3319.304, or in division (A) of section 3319.303 of~~ 1848
~~the Revised Code, the~~The state board of education shall require 1849
each of the ~~person~~following persons, at the times prescribed by 1850
division (A) of this section, to submit ~~with the application~~ two 1851
complete sets of fingerprints and written permission that 1852
authorizes the superintendent of public instruction to forward the 1853
fingerprints to the bureau of criminal identification and 1854
investigation pursuant to division (F) of section 109.57 of the 1855
Revised Code and that authorizes that bureau to forward the 1856
fingerprints to the federal bureau of investigation for purposes 1857
of obtaining any criminal records that the federal bureau 1858
maintains on the person: 1859

       (1) Any person initially applying for any certificate, 1860
license, or permit described in division (B) of section 3301.071, 1861
in section 3301.074, 3319.088, 3319.29, 3319.302, or 3319.304, or 1862
in division (A) of section 3319.303 of the Revised Code at the 1863
time that application is made; 1864

       (2) Any person applying for renewal of any certificate, 1865
license, or permit described in division (A)(1) of this section at 1866
the time that application is made; 1867

       (3) Any person who is teaching under a professional teaching 1868
certificate issued under former section 3319.22 or under section 1869
3319.222 of the Revised Code upon a date prescribed by the state 1870
board that is not later than five years after the date that the 1871
license was issued or renewed; 1872

       (4) Any person who is teaching under a permanent teaching 1873
certificate issued under former section 3319.22 or under section 1874
3319.222 of the Revised Code upon a date prescribed by the state 1875
board and every five years thereafter. 1876

       (B) ~~The~~Except as provided in division (C) of this section, 1877
prior to issuing or renewing any certificate, license, or permit 1878
described in division (A)(1) or (2) of this section and in the 1879
case of a person required to submit fingerprints and written 1880
permission under division (A)(3) or (4) of this section, the state 1881
board ~~of education~~ or the superintendent of public instruction 1882
shall request the superintendent of the bureau of criminal 1883
identification and investigation to investigate and determine 1884
whether the bureau has any information, gathered pursuant to 1885
division (A) of section 109.57 of the Revised Code, pertaining to 1886
any person submitting fingerprints and written permission under 1887
this section. If the person does not present proof that the person 1888
has been a resident of this state for the five-year period 1889
immediately prior to the date upon which the investigation 1890
described in this division is requested, or does not provide 1891
evidence that within that five-year period the superintendent of 1892
the bureau of criminal identification and investigation has 1893
requested information about the person from the federal bureau of 1894
investigation, the state board or the superintendent of public 1895
instruction shall request the superintendent of the bureau of 1896
criminal identification and investigation to obtain any criminal 1897
records that the federal bureau of investigation has on the 1898
person. If the person presents proof that the person has been a 1899
resident of this state for that five-year period, the state board 1900
or the superintendent of public instruction may request the 1901
superintendent of the bureau of criminal identification and 1902
investigation to obtain any criminal records that the federal 1903
bureau of investigation has on the person. 1904

       (C) The state board or the superintendent of public 1905
instruction may choose not to request any information required by 1906
division (B) of this section if the person applying for the 1907
issuance or renewal of a certificate, license, or permit described 1908
in division (A)(1) or (2) of this section or the person required 1909
to submit fingerprints and written permission under division 1910
(A)(3) or (4) of this section provides proof that a criminal 1911
records check was conducted on the person as a condition of 1912
employment pursuant to section 3319.39 of the Revised Code within 1913
the immediately preceding year. The state board or the 1914
superintendent of public instruction may accept a certified copy 1915
of records that were issued by the bureau of criminal 1916
identification and investigation and that are presented by a 1917
person applying for the issuance or renewal of a certificate, 1918
license, or permit described in this section in lieu of requesting 1919
that information under division (B) of this section if the records 1920
were issued by the bureau within the immediately preceding year. 1921

       Sec. 3319.311. (A) The state board of education, or the 1922
superintendent of public instruction on behalf of the board, may 1923
investigate any information received about a person that 1924
reasonably appears to be a basis for action under section 3319.31 1925
of the Revised Code, including information received pursuant to 1926
section 3319.313, 5126.253, or 5153.176 of the Revised Code. The 1927
board shall contract with the office of the Ohio attorney general 1928
to conduct any investigation of that nature. The board shall pay 1929
for the costs of the contract only from moneys in the state board 1930
of education licensure fund established under ~~division (B) of~~ 1931
section 3319.51 of the Revised Code. All information received 1932
pursuant to section 3319.313, 5126.253, or 5153.176 of the Revised 1933
Code, and all information obtained during an investigation is 1934
confidential and is not a public record under section 149.43 of 1935
the Revised Code. If an investigation is conducted under this 1936
division regarding information received about a person and no 1937
action is taken against the person under this section or section 1938
3319.31 of the Revised Code within two years of the completion of 1939
the investigation, all records of the investigation shall be 1940
expunged. 1941

       (B) The superintendent of public instruction shall review the 1942
results of each investigation of a person conducted under division 1943
(A) of this section and shall determine, on behalf of the state 1944
board, whether the results warrant initiating action under section 1945
3319.31 of the Revised Code. The superintendent shall advise the 1946
board of such determination at a meeting of the board. Within 1947
fourteen days of the next meeting of the board, any member of the 1948
board may ask that the question of initiating action under section 1949
3319.31 of the Revised Code be placed on the board's agenda for 1950
that next meeting. Prior to initiating that action against any 1951
person, the person's name and any other personally identifiable 1952
information shall remain confidential. 1953

       (C) The board shall take no action against a person under 1954
section 3319.31 of the Revised Code without providing the person 1955
with written notice of the charges and with an opportunity for a 1956
hearing in accordance with Chapter 119. of the Revised Code. 1957

       (D) For purposes of an investigation under division (A) of 1958
this section or a hearing under division (C) of this section, the 1959
board, or the superintendent on behalf of the board, may 1960
administer oaths, order the taking of depositions, issue 1961
subpoenas, and compel the attendance of witnesses and the 1962
production of books, accounts, papers, records, documents, and 1963
testimony. The issuance of subpoenas under this division may be by 1964
certified mail or personal delivery to the person. 1965

       (E) The superintendent, on behalf of the board, may enter 1966
into a consent agreement with a person against whom action is 1967
being taken under section 3319.31 of the Revised Code. The board 1968
may adopt rules governing the superintendent's action under this 1969
division. 1970

       (F) The board automatically may suspend any license without a 1971
prior hearing if the license holder is convicted of or pleads 1972
guilty to one or more of the following offenses or a violation of 1973
an ordinance of a municipal corporation or a law of another state 1974
that is substantially comparable to one of the following offenses: 1975
aggravated murder; murder; aggravated arson; aggravated robbery; 1976
aggravated burglary; voluntary manslaughter; felonious assault; 1977
kidnapping; rape; sexual battery; gross sexual imposition; or 1978
unlawful sexual conduct with a minor. A suspension under this 1979
division is effective on the date of the conviction or guilty 1980
plea. 1981

       For a suspension under this division, the board, in 1982
accordance with section 119.07 of the Revised Code, shall issue a 1983
written order of suspension to the license holder by certified 1984
mail or in person and shall afford the person a hearing upon 1985
request. If the person does not request a hearing within the time 1986
limits established by that section, the board shall enter a final 1987
order revoking the person's license. An order of suspension under 1988
this division is not subject to suspension by a court during the 1989
pendency of an appeal filed under section 119.12 of the Revised 1990
Code. 1991

       An order of suspension under this division shall remain in 1992
effect, unless reversed on appeal, until the final order of the 1993
board, issued pursuant to this section and Chapter 119. of the 1994
Revised Code, becomes effective. The board shall issue a final 1995
order within sixty days of the date of an order of suspension 1996
under this division or a hearing on an order of suspension, 1997
whichever is later. If the board fails to issue a final order by 1998
that deadline, the order of suspension is dissolved. No 1999
dissolution of an order of suspension under this division shall 2000
invalidate a subsequent final order of the board. 2001

       (G) No surrender of a license shall be effective until the 2002
board takes action to accept the surrender unless the surrender is 2003
pursuant to a consent agreement entered into under division (E) of 2004
this section. 2005

       Sec. 3319.313. (A) As used in this section: 2006

       (1) "Conduct unbecoming to the teaching profession" shall be 2007
as described in rules adopted by the state board of education. 2008

       (2) "License" has the same meaning as in section 3319.31 of 2009
the Revised Code. 2010

       (B) The board of education of each school district, the 2011
governing board of each educational service center, and the chief 2012
administrator of each chartered nonpublic school shall promptly 2013
submit to the superintendent of public instruction the information 2014
prescribed in division (C) of this section when any of the 2015
following conditions apply to an employee who holds a license 2016
issued by the state board of education: 2017

       (1) The board of education, governing board, or chief 2018
administrator knows that the employee has pleaded guilty to, has 2019
been found guilty by a jury or court of, or has been convicted of 2020
an offense described in division (B)(2) of section 3319.31 or 2021
division (B)(1) of section 3319.39 of the Revised Code; 2022

       (2) The board of education, governing board, or chief 2023
administrator has initiated termination or nonrenewal proceedings 2024
against, has terminated, or has not renewed the contract of the 2025
employee because the board of education, governing board, or chief 2026
administrator has reasonably determined that the employee has 2027
committed an act that is unbecoming to the teaching profession or 2028
an offense described in division (B)(2) of section 3319.31 or 2029
division (B)(1) of section 3319.39 of the Revised Code; 2030

       (3) The employee has resigned under threat of termination or 2031
nonrenewal as described in division (B)(2) of this section; 2032

       (4) The employee has resigned because of or in the course of 2033
an investigation by the board of education, governing board, or 2034
chief administrator regarding whether the employee has committed 2035
an act that is unbecoming to the teaching profession or an offense 2036
described in division (B)(2) of section 3319.31 or division (B)(1) 2037
of section 3319.39 of the Revised Code. 2038

       (C) If a report is required under this section, the board of 2039
education, governing board, or chief administrator shall submit to 2040
the superintendent of public instruction the name and social 2041
security number of the employee about whom the information is 2042
required and a factual statement regarding any of the conditions 2043
prescribed in divisions (B)(1) to (4) of this section that apply 2044
to the employee. 2045

       (D) A determination made by the board of education, governing 2046
board, or chief administrator as described in division (B)(2) of 2047
this section or a termination, nonrenewal, resignation, or other 2048
separation described in divisions (B)(2) to (4) of this section 2049
does not create a presumption of the commission or lack of the 2050
commission by the employee of an act unbecoming to the teaching 2051
profession or an offense described in division (B)(2) of section 2052
3319.31 or division (B)(1) of section 3319.39 of the Revised Code. 2053

       Sec. 3319.314. The board of education of each school 2054
district, the governing board of each educational service center, 2055
and the chief administrator of each chartered nonpublic school 2056
shall require that the reports of any investigation by the board 2057
of education, governing board, or chief administrator of an 2058
employee regarding whether the employee has committed an act or 2059
offense for which the board of education, governing board, or 2060
chief administrator is required to make a report to the 2061
superintendent of public instruction under section 3319.313 of the 2062
Revised Code be kept in the employee's personnel file. If, after 2063
an investigation under division (A) of section 3319.311 of the 2064
Revised Code, the superintendent of public instruction determines 2065
that the results of that investigation do not warrant initiating 2066
action under section 3319.31 of the Revised Code, the board of 2067
education, governing board, or chief administrator shall require 2068
the reports of the board's or chief administrator's investigation 2069
to be moved from the employee's personnel file to a separate 2070
public file. 2071

       Sec. 3319.315. Notwithstanding any provision to the contrary 2072
in Chapter 4117. of the Revised Code, the provisions of sections 2073
3319.313 and 3319.314 of the Revised Code prevail over any 2074
conflicting provisions of a collective bargaining agreement or 2075
contract for employment entered into after the effective date of 2076
this section. 2077

       Sec. 3323.091. (A) The department of mental health, the 2078
department of mental retardation and developmental disabilities, 2079
the department of youth services, and the department of 2080
rehabilitation and correction shall establish and maintain special 2081
education programs for handicapped children in institutions under 2082
their jurisdiction according to standards adopted by the state 2083
board of education. 2084

       (B) The superintendent of each state institution required to 2085
provide services under division (A) of this section, and each 2086
county MR/DD board, providing special education for handicapped 2087
preschool children under this chapter may apply to the state 2088
department of education for unit funding, which shall be paid in 2089
accordance with sections 3317.052 and 3317.053 of the Revised 2090
Code. 2091

        The superintendent of each state institution required to 2092
provide services under division (A) of this section may apply to 2093
the department of education for special education and related 2094
services weighted funding for handicapped children other than 2095
handicapped preschool children, calculated in accordance with 2096
section 3317.201 of the Revised Code. 2097

       Each county MR/DD board providing special education for 2098
handicapped children other than handicapped preschool children may 2099
apply to the department of education for base cost and special 2100
education and related services weighted funding calculated in 2101
accordance with section 3317.20 of the Revised Code. 2102

       (C) In addition to the authorization to apply for state 2103
funding described in division (B) of this section, each state 2104
institution required to provide services under division (A) of 2105
this section is entitled to tuition payments calculated in the 2106
manner described in division (C) of this section. 2107

       On or before the thirtieth day of June of each year, the 2108
superintendent of each institution that during the school year 2109
provided special education pursuant to this section shall prepare 2110
a statement for each handicapped child under twenty-two years of 2111
age who has received special education. The statement shall 2112
contain the child's ~~name~~data verification code assigned pursuant 2113
to division (D)(2) of section 3301.0714 of the Revised Code and 2114
the name of the child's school district of residence. Within sixty 2115
days after receipt of such statement, the department of education 2116
shall perform one of the following: 2117

       (1) For any child except a handicapped preschool child 2118
described in division (C)(2) of this section, pay to the 2119
institution submitting the statement an amount equal to the 2120
tuition calculated under division (A) of section 3317.08 of the 2121
Revised Code for the period covered by the statement, and deduct 2122
the same from the amount of state funds, if any, payable under 2123
sections 3317.022 and 3317.023 of the Revised Code, to the child's 2124
school district of residence or, if the amount of such state funds 2125
is insufficient, require the child's school district of residence 2126
to pay the institution submitting the statement an amount equal to 2127
the amount determined under this division. 2128

       (2) For any handicapped preschool child not included in a 2129
unit approved under division (B) of section 3317.05 of the Revised 2130
Code, perform the following: 2131

       (a) Pay to the institution submitting the statement an amount 2132
equal to the tuition calculated under division (B) of section 2133
3317.08 of the Revised Code for the period covered by the 2134
statement, except that in calculating the tuition under that 2135
section the operating expenses of the institution submitting the 2136
statement under this section shall be used instead of the 2137
operating expenses of the school district of residence; 2138

       (b) Deduct from the amount of state funds, if any, payable 2139
under sections 3317.022 and 3317.023 of the Revised Code to the 2140
child's school district of residence an amount equal to the amount 2141
paid under division (C)(2)(a) of this section. 2142

       Sec. 3323.20. On July 1, 2006, and on each first day of July 2143
thereafter, the department of education shall electronically 2144
report to the general assembly the number of handicapped preschool 2145
children who received services for which the department made a 2146
payment to any provider during the previous fiscal year, 2147
disaggregated according to each ~~category~~area of ~~handicap~~ 2148
~~described in divisions (A) to (F) of section 3317.013 of the~~ 2149
~~Revised Code, regardless of whether payment for services was based~~ 2150
~~on the multiples prescribed in those divisions~~developmental 2151
deficiency identified by the department for the evaluation of such 2152
children. 2153

       Sec. 5126.253. (A) As used in this section: 2154

       (1) "Conduct unbecoming to the teaching profession" shall be 2155
as described in rules adopted by the state board of education. 2156

       (2) "License" has the same meaning as in section 3319.31 of 2157
the Revised Code. 2158

       (B) Each county board of mental retardation and developmental 2159
disabilities shall promptly submit to the superintendent of public 2160
instruction the information prescribed in division (C) of this 2161
section when any of the following conditions apply to an employee 2162
who holds a license issued by the state board of education: 2163

       (1) The board knows that the employee has pleaded guilty to, 2164
has been found guilty by a jury or court of, or has been convicted 2165
of an offense described in division (B)(2) of section 3319.31 or 2166
division (B)(1) of section 3319.39 of the Revised Code; 2167

       (2) The board has initiated termination or nonrenewal 2168
proceedings against, has terminated, or has not renewed the 2169
contract of the employee because the board has reasonably 2170
determined that the employee has committed an act unbecoming to 2171
the teaching profession or an offense described in division (B)(2) 2172
of section 3319.31 or division (B)(1) of section 3319.39 of the 2173
Revised Code; 2174

       (3) The employee has resigned under threat of termination or 2175
nonrenewal as described in division (B)(2) of this section; 2176

       (4) The employee has resigned because of or in the course of 2177
an investigation by the board regarding whether the employee has 2178
committed an act unbecoming to the teaching profession or an 2179
offense described in division (B)(2) of section 3319.31 or 2180
division (B)(1) of section 3319.39 of the Revised Code. 2181

       (C) If a report is required under this section, the board 2182
shall submit to the superintendent of public instruction the name 2183
and social security number of the employee about whom information 2184
is required and a factual statement regarding any of the 2185
conditions prescribed in divisions (B)(1) to (4) of this section 2186
that apply to the employee. 2187

       (D) A determination made by the board as described in 2188
division (B)(2) of this section or a termination, nonrenewal, 2189
resignation, or other separation described in divisions (B)(2) to 2190
(4) of this section does not create a presumption of the 2191
commission or lack of the commission by the employee of an act 2192
unbecoming to the teaching profession or an offense described in 2193
division (B)(2) of section 3319.31 or division (B)(1) of section 2194
3319.39 of the Revised Code. 2195

       Sec. 5126.254. Each county board of mental retardation and 2196
developmental disabilities shall require that the reports of any 2197
investigation by the board of an employee regarding whether the 2198
employee has committed an act or offense for which the board is 2199
required to make a report to the superintendent of public 2200
instruction under section 5126.253 of the Revised Code be kept in 2201
the employee's personnel file. If, after an investigation under 2202
division (A) of section 3319.311 of the Revised Code, the 2203
superintendent of public instruction determines that the results 2204
of that investigation do not warrant initiating action under 2205
section 3319.31 of the Revised Code, the board shall require the 2206
reports of the board's investigation to be moved from the 2207
employee's personnel file to a separate public file. 2208

       Sec. 5126.255. Notwithstanding any provision to the contrary 2209
in Chapter 4117. of the Revised Code, the provisions of sections 2210
5126.253 and 5126.254 of the Revised Code prevail over any 2211
conflicting provisions of a collective bargaining agreement or 2212
contract for employment entered into after the effective date of 2213
this section. 2214

       Sec. 5153.175. (A) Notwithstanding ~~sections~~division (H)(1) 2215
of section 2151.421 ~~and~~, section 5153.17, and any other section of 2216
the Revised Code pertaining to confidentiality, when a public 2217
children services agency has determined that child abuse or 2218
neglect occurred and that abuse or neglect involves a person who 2219
has applied for licensure or renewal of licensure as a type A 2220
family day-care home or certification or renewal of certification 2221
as a type B family day-care home, the agency shall promptly 2222
provide to the department of job and family services or to a 2223
county department of job and family services any information the 2224
~~public children services~~ agency determines to be relevant for the 2225
purpose of evaluating the fitness of athe person ~~who has applied~~ 2226
~~for licensure or renewal of licensure as a type A family day-care~~ 2227
~~home or certification or renewal of certification as a type B~~ 2228
~~family day-care home~~, including, but not limited to, both of the 2229
following: 2230

       (1) A summary report of the chronology of abuse and neglect 2231
reports made pursuant to section 2151.421 of the Revised Code of 2232
which the person is the subject where the agency determined that 2233
abuse or neglect occurred and the final disposition of the 2234
investigation of the reports or, if the investigations have not 2235
been completed, the status of the investigations; 2236

       (2) Any underlying documentation concerning those reports. 2237

       (B) The agency shall not include in the information provided 2238
to the department or county department under division (A) of this 2239
section the name of the person or entity that made the report or 2240
participated in the making of the report of child abuse or 2241
neglect. 2242

       (C) Upon provision of information under division (A) of this 2243
section, the agency shall notify the department or county 2244
department of both of the following: 2245

       (1) That the information is confidential; 2246

       (2) That unauthorized dissemination of the information is a 2247
violation of division (H)(2) of section 2151.421 of the Revised 2248
Code and any person who permits or encourages unauthorized 2249
dissemination of the information is guilty of a misdemeanor of the 2250
fourth degree pursuant to section 2151.99 of the Revised Code. 2251

       Sec. 5153.176. As used in this section, "license" has the 2252
same meaning as in section 3319.31 of the Revised Code. 2253

       (A) Notwithstanding division (H)(1) of section 2151.421, 2254
section 5153.17, or any other section of the Revised Code 2255
pertaining to confidentiality, a public children services agency 2256
shall promptly provide to the superintendent of public instruction 2257
information regarding the agency's investigation of a report of 2258
child abuse or neglect made pursuant to section 2151.421 of the 2259
Revised Code involving a person who holds a license issued by the 2260
state board of education where the agency has determined that 2261
child abuse or neglect occurred and that abuse or neglect is 2262
related to the person's duties and responsibilities under the 2263
license. The information provided by the agency shall include the 2264
following: 2265

       (1) A summary of the nature of the allegations contained in 2266
the report of which the person is the subject and the final 2267
disposition of the investigation conducted in response to that 2268
report or, if the investigation is not complete, the status of the 2269
investigation; 2270

       (2) Upon written request of the superintendent of public 2271
instruction, the additional information described in division (C) 2272
of this section regarding the agency's investigation of the 2273
report, unless the prosecuting attorney of the county served by 2274
the agency determines that such information may not be released 2275
pursuant to division (B) of this section. 2276

       (B) Upon receipt of a written request from the superintendent 2277
of public instruction for the additional information described in 2278
division (C) of this section, the director of the public children 2279
services agency shall determine if the prosecuting attorney of the 2280
county served by the agency intends to prosecute the subject of 2281
the report based on the allegations contained in the report. If 2282
the prosecuting attorney intends to prosecute the subject of the 2283
report, the prosecuting attorney shall determine the information 2284
described in division (C) of this section that may be released, if 2285
any, and shall provide the director with written authorization to 2286
release the information so determined. The agency shall provide 2287
the superintendent of public instruction with any information 2288
described in division (C) of this section that the prosecuting 2289
attorney determines may be released, but in no case shall the 2290
agency provide any information that the prosecuting attorney 2291
determines shall not be released. If the prosecuting attorney does 2292
not intend to prosecute the subject of the report, the prosecuting 2293
attorney shall notify the director of that fact and the agency 2294
shall provide all of the information described in division (C) of 2295
this section to the superintendent of public instruction. 2296

       (C) In accordance with division (B) of this section, the 2297
public children services agency shall provide information to the 2298
superintendent of public instruction regarding the agency's 2299
investigation of the report described in division (A) of this 2300
section, including, but not limited to, the following: 2301

       (1) The following information about the alleged child victim 2302
of the abuse or neglect: 2303

       (a) Full name; 2304

       (b) Date of birth; 2305

       (c) Address and telephone number; 2306

       (d) Grade level; 2307

       (e) Name and contact information of the child's parent, 2308
guardian, or legal custodian; 2309

       (f) Name and contact information of any medical facility that 2310
provided treatment to the child, if the child was injured in 2311
connection with the abuse or neglect and if that information is 2312
available; 2313

       (g) A summary of interviews with the child or, if an entity 2314
other than the agency conducted the interviews, the contact 2315
information for that entity. The summary shall include an 2316
accounting of the facts and circumstances of the alleged abuse or 2317
neglect, including, but not limited to, the time and place that 2318
the abuse or neglect occurred. 2319

       (h) Copies of any written correspondence between the child 2320
and the alleged perpetrator of the abuse or neglect that was used 2321
by the agency to determine that abuse or neglect occurred, the 2322
release of which is not otherwise prohibited by law. 2323

       (2) The following information about the alleged perpetrator 2324
of the abuse or neglect: 2325

       (a) Full name; 2326

       (b) Date of birth; 2327

       (c) Address and telephone number; 2328

       (d) Name of school district and school building that employed 2329
the alleged perpetrator at the time the report was made; 2330

       (e) Name and contact information of any medical facility that 2331
provided treatment to the alleged perpetrator, if the alleged 2332
perpetrator was injured in connection with the abuse or neglect 2333
and if that information is available; 2334

       (f) A summary of interviews with the alleged perpetrator or, 2335
if an entity other than the agency conducted the interviews, the 2336
contact information for that entity. The summary shall include an 2337
accounting of the facts and circumstances of the alleged abuse or 2338
neglect, including, but not limited to, the time and place that 2339
the abuse or neglect occurred. 2340

       (g) Copies of any written correspondence between the alleged 2341
child victim and the alleged perpetrator that was used by the 2342
agency to determine that abuse or neglect occurred, the release of 2343
which is not otherwise prohibited by law; 2344

       (h) If the alleged perpetrator has been the subject of any 2345
previous reports made pursuant to section 2151.421 of the Revised 2346
Code where the agency determined that physical or sexual child 2347
abuse occurred, a summary of the chronology of those reports; the 2348
final disposition of the investigations conducted in response to 2349
those reports, or if an investigation is not complete, the status 2350
of that investigation; and any underlying documentation concerning 2351
those reports. 2352

       (3) The following information about each person, other than 2353
the alleged child victim and the alleged perpetrator, whom the 2354
agency has determined to be important to the investigation, except 2355
that the information shall not be provided about the person who 2356
made the report unless that person grants written permission for 2357
the agency to release the information: 2358

       (a) Full name; 2359

       (b) Address and telephone number; 2360

       (c) If the person has been interviewed regarding the alleged 2361
abuse or neglect, a summary of those interviews or, if an entity 2362
other than the agency conducted the interviews, the contact 2363
information for such entity. 2364

       (D) Upon provision of any information to the superintendent 2365
of public instruction under this section, the public children 2366
services agency shall notify the superintendent of both of the 2367
following: 2368

       (1) That the information is confidential; 2369

       (2) That unauthorized dissemination of the information is a 2370
violation of division (H)(2) of section 2151.421 and section 2371
3319.311 of the Revised Code and any person who permits or 2372
encourages unauthorized dissemination of the information is guilty 2373
of a misdemeanor of the fourth degree pursuant to section 2151.99 2374
of the Revised Code. 2375

       If the agency determines that the superintendent of public 2376
instruction or any person involved in the conduct of an 2377
investigation under section 3319.311 of the Revised Code 2378
committed, caused, permitted, or encouraged the unauthorized 2379
dissemination of any information provided under this section, the 2380
agency shall provide written notification of the unauthorized 2381
dissemination to the prosecuting attorney of the county or the 2382
village solicitor, city director of law, or similar chief legal 2383
officer of the municipal corporation in which the unauthorized 2384
dissemination occurred. A copy of the notification shall be 2385
retained in the investigative record maintained by the agency. 2386

       (E) The public children services agency shall include 2387
documentation of the information provided to the superintendent of 2388
public instruction under this section in the investigative record 2389
maintained by the agency. The documentation shall include the 2390
following: 2391

       (1) A list of the information provided; 2392

       (2) The date the information was provided; 2393

       (3) If the superintendent of public instruction designates a 2394
person to receive the information on the superintendent's behalf, 2395
the name of that person; 2396

       (4) The reason for providing the information; 2397

       (5) If written authorization to provide the information is 2398
required from the prosecuting attorney under division (B) of this 2399
section, a copy of that authorization. 2400

       (F) An employee of a public children services agency who 2401
provides information to the superintendent of public instruction 2402
in accordance with this section in good faith shall be immune from 2403
any civil or criminal liability that otherwise might be incurred 2404
or imposed for injury, death, or loss to person or property as a 2405
result of the provision of that information. 2406

       (G) Notwithstanding any provision to the contrary in Chapter 2407
4117. of the Revised Code, the provisions of this section prevail 2408
over any conflicting provisions of a collective bargaining 2409
agreement or contract for employment entered into after the 2410
effective date of this section. 2411

       Section 2. That existing sections 3301.0714, 3302.021, 2412
3314.03, 3317.01, 3317.02, 3317.03, 3319.291, 3319.311, 3323.091, 2413
3323.20, and 5153.175 of the Revised Code are hereby repealed. 2414

       Section 3. That Section 612.36.03 of Am. Sub. H.B 66 of the 2415
126th General Assembly be amended to read as follows: 2416

       Sec. 612.36.03. (A) ~~Except as otherwise provided in division~~ 2417
~~(B) of this section, the~~The amendments to division (G) of section 2418
3301.0711 of the Revised Code are subject to the referendum. 2419
Therefore, under Ohio Constitution, Article II, Section 1c and 2420
section 1.471 of the Revised Code, the amendments take effect July 2421
1, 2006. If, however, a referendum petition is filed against the 2422
amendments, the amendments, unless rejected at the referendum, 2423
take effect at the earliest time permitted by law that is on or 2424
after the effective date specified in this division. 2425

        (B) The amendments to division (N) of section 3301.0711 of 2426
the Revised Code are not subject to the referendum. Therefore, 2427
under Ohio Constitution, Article II, Section 1d and section 1.471 2428
of the Revised Code, the amendments go into immediate effect. 2429

       Section 4. That existing Section 612.36.03 of Am. Sub. H.B 66 2430
of the 126th General Assembly is hereby repealed. 2431

       Section 5. Sections 3 and 4 of this act are intended to 2432
accelerate the effective date of the amendments to divisions (A) 2433
and (I) of section 3301.0711 of the Revised Code, by Am. Sub. H.B. 2434
66 of the 126th General Assembly, from July 1, 2006, to the 2435
effective date of this act. 2436

       Section 6. Not later than six months after the effective date 2437
of this section, the Department of Education shall develop and 2438
submit to the Education Committee of the Senate and of the House 2439
of Representatives a proposal for an appropriate penalty to be 2440
applied to school districts and community schools that 2441
intentionally report to the Department inaccurate data regarding 2442
formula ADM or community school ADM and other student attendance 2443
numbers required under section 3314.08 or 3317.03 of the Revised 2444
Code and shall provide public testimony on the proposal before 2445
those committees. Copies of the proposal also shall be submitted 2446
to the president and minority leader of the Senate and the speaker 2447
and minority leader of the House of Representatives. In developing 2448
the proposal, the Department also shall examine the penalties 2449
prescribed by law and shall provide legislative recommendations 2450
regarding those penalties. 2451

Section 1. That sections 3301.0714, 3302.021, 3314.03,	34
3317.01, 3317.02, 3317.03, 3319.291, 3319.311, 3323.091, 3323.20,	35
and 5153.175 be amended and sections 3310.11, 3310.12, 3319.313,	36
3319.314, 3319.315, 5126.253, 5126.254, 5126.255, and 5153.176 of	37
the Revised Code be enacted to read as follows:	38

Sec. 3301.0714. (A) The state board of education shall adopt	39
rules for a statewide education management information system. The	40
rules shall require the state board to establish guidelines for	41
the establishment and maintenance of the system in accordance with	42
this section and the rules adopted under this section. The	43
guidelines shall include:	44

(1) Standards identifying and defining the types of data in	45
the system in accordance with divisions (B) and (C) of this	46
section;	47

(2) Procedures for annually collecting and reporting the data	48
to the state board in accordance with division (D) of this	49
section;	50

(3) Procedures for annually compiling the data in accordance	51
with division (G) of this section;	52

(4) Procedures for annually reporting the data to the public	53
in accordance with division (H) of this section.	54

(B) The guidelines adopted under this section shall require	55
the data maintained in the education management information system	56
to include at least the following:	57

(1) Student participation and performance data, for each	58
grade in each school district as a whole and for each grade in	59
each school building in each school district, that includes:	60

(a) The numbers of students receiving each category of	61
instructional service offered by the school district, such as	62
regular education instruction, vocational education instruction,	63
specialized instruction programs or enrichment instruction that is	64
part of the educational curriculum, instruction for gifted	65
students, instruction for handicapped students, and remedial	66
instruction. The guidelines shall require instructional services	67
under this division to be divided into discrete categories if an	68
instructional service is limited to a specific subject, a specific	69
type of student, or both, such as regular instructional services	70
in mathematics, remedial reading instructional services,	71
instructional services specifically for students gifted in	72
mathematics or some other subject area, or instructional services	73
for students with a specific type of handicap. The categories of	74
instructional services required by the guidelines under this	75
division shall be the same as the categories of instructional	76
services used in determining cost units pursuant to division	77
(C)(3) of this section.	78

(b) The numbers of students receiving support or	79
extracurricular services for each of the support services or	80
extracurricular programs offered by the school district, such as	81
counseling services, health services, and extracurricular sports	82
and fine arts programs. The categories of services required by the	83
guidelines under this division shall be the same as the categories	84
of services used in determining cost units pursuant to division	85
(C)(4)(a) of this section.	86

(c) Average student grades in each subject in grades nine	87
through twelve;	88

(d) Academic achievement levels as assessed by the testing of	89
student achievement under sections 3301.0710 and 3301.0711 of the	90
Revised Code;	91

(e) The number of students designated as having a	92
handicapping condition pursuant to division (C)(1) of section	93
3301.0711 of the Revised Code;	94

(f) The numbers of students reported to the state board	95
pursuant to division (C)(2) of section 3301.0711 of the Revised	96
Code;	97

(g) Attendance rates and the average daily attendance for the	98
year. For purposes of this division, a student shall be counted as	99
present for any field trip that is approved by the school	100
administration.	101

(m) For pupils in grades nine through twelve, the average	107
number of carnegie units, as calculated in accordance with state	108
board of education rules;	109

(n) Graduation rates, to be calculated in a manner specified	110
by the department of education that reflects the rate at which	111
students who were in the ninth grade three years prior to the	112
current year complete school and that is consistent with	113
nationally accepted reporting requirements;	114

(o) Results of diagnostic assessments administered to	115
kindergarten students as required under section 3301.0715 of the	116
Revised Code to permit a comparison of the academic readiness of	117
kindergarten students. However, no district shall be required to	118
report to the department the results of any diagnostic assessment	119
administered to a kindergarten student if the parent of that	120
student requests the district not to report those results.	121

(2) Personnel and classroom enrollment data for each school	122
district, including:	123

(a) The total numbers of licensed employees and nonlicensed	124
employees and the numbers of full-time equivalent licensed	125
employees and nonlicensed employees providing each category of	126
instructional service, instructional support service, and	127
administrative support service used pursuant to division (C)(3) of	128
this section. The guidelines adopted under this section shall	129
require these categories of data to be maintained for the school	130
district as a whole and, wherever applicable, for each grade in	131
the school district as a whole, for each school building as a	132
whole, and for each grade in each school building.	133

(b) The total number of employees and the number of full-time	134
equivalent employees providing each category of service used	135
pursuant to divisions (C)(4)(a) and (b) of this section, and the	136
total numbers of licensed employees and nonlicensed employees and	137
the numbers of full-time equivalent licensed employees and	138
nonlicensed employees providing each category used pursuant to	139
division (C)(4)(c) of this section. The guidelines adopted under	140
this section shall require these categories of data to be	141
maintained for the school district as a whole and, wherever	142
applicable, for each grade in the school district as a whole, for	143
each school building as a whole, and for each grade in each school	144
building.	145

(c) The total number of regular classroom teachers teaching	146
classes of regular education and the average number of pupils	147
enrolled in each such class, in each of grades kindergarten	148
through five in the district as a whole and in each school	149
building in the school district.	150

(d) The number of master teachers employed by each school	151
district and each school building, once a definition of master	152
teacher has been developed by the educator standards board	153
pursuant to section 3319.61 of the Revised Code.	154

(3)(a) Student demographic data for each school district,	155
including information regarding the gender ratio of the school	156
district's pupils, the racial make-up of the school district's	157
pupils, the number of limited English proficient students in the	158
district, and an appropriate measure of the number of the school	159
district's pupils who reside in economically disadvantaged	160
households. The demographic data shall be collected in a manner to	161
allow correlation with data collected under division (B)(1) of	162
this section. Categories for data collected pursuant to division	163
(B)(3) of this section shall conform, where appropriate, to	164
standard practices of agencies of the federal government.	165

(b) With respect to each student entering kindergarten,	166
whether the student previously participated in a public preschool	167
program, a private preschool program, or a head start program, and	168
the number of years the student participated in each of these	169
programs.	170

(4) Any data required to be collected pursuant to federal	171
law.	172

(C) The education management information system shall include	173
cost accounting data for each district as a whole and for each	174
school building in each school district. The guidelines adopted	175
under this section shall require the cost data for each school	176
district to be maintained in a system of mutually exclusive cost	177
units and shall require all of the costs of each school district	178
to be divided among the cost units. The guidelines shall require	179
the system of mutually exclusive cost units to include at least	180
the following:	181

(1) Administrative costs for the school district as a whole.	182
The guidelines shall require the cost units under this division	183
(C)(1) to be designed so that each of them may be compiled and	184
reported in terms of average expenditure per pupil in formula ADM	185
in the school district, as determined pursuant to section 3317.03	186
of the Revised Code.	187

(2) Administrative costs for each school building in the	188
school district. The guidelines shall require the cost units under	189
this division (C)(2) to be designed so that each of them may be	190
compiled and reported in terms of average expenditure per	191
full-time equivalent pupil receiving instructional or support	192
services in each building.	193

(3) Instructional services costs for each category of	194
instructional service provided directly to students and required	195
by guidelines adopted pursuant to division (B)(1)(a) of this	196
section. The guidelines shall require the cost units under	197
division (C)(3) of this section to be designed so that each of	198
them may be compiled and reported in terms of average expenditure	199
per pupil receiving the service in the school district as a whole	200
and average expenditure per pupil receiving the service in each	201
building in the school district and in terms of a total cost for	202
each category of service and, as a breakdown of the total cost, a	203
cost for each of the following components:	204