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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 |
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 | 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 | 878 |
calculated to reflect the biannual reporting of average daily | 879 |
membership. In 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 | 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 | 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 | 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 | 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 | 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) | 1845 |
1846 | |
1847 | |
1848 | |
1849 | |
each of the | 1850 |
division (A) of this section, to submit | 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) | 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 | 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 | 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 | 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 | 2148 |
2149 | |
2150 | |
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 | 2215 |
of section 2151.421 | 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 |
2225 | |
purpose of evaluating the fitness of | 2226 |
2227 | |
2228 | |
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) | 2417 |
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 |