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To amend sections 3313.981 and 3327.01 of the Revised | 1 |
Code to require school districts to provide | 2 |
transportation to the school of attendance for | 3 |
each resident student under sixteen years of age | 4 |
whose parent requests transportation. | 5 |
Section 1. That sections 3313.981 and 3327.01 of the Revised | 6 |
Code be amended to read as follows: | 7 |
Sec. 3313.981. (A) The state board shall adopt rules | 8 |
requiring all of the following: | 9 |
(1) The board of education of each city, exempted village, | 10 |
and local school district to annually report to the department of | 11 |
education all of the following: | 12 |
(a) The number of adjacent district or other district | 13 |
students, as applicable, and adjacent district or other district | 14 |
joint vocational students, as applicable, enrolled in the district | 15 |
and the number of native students enrolled in adjacent or other | 16 |
districts, in accordance with a policy adopted under division (B) | 17 |
of section 3313.98 of the Revised Code; | 18 |
(b) Each adjacent district or other district student's or | 19 |
adjacent district or other district joint vocational student's | 20 |
date of enrollment in the district; | 21 |
(c) The full-time equivalent number of adjacent district or | 22 |
other district students enrolled in vocational education programs | 23 |
or classes described in division (A) of section 3317.014 of the | 24 |
Revised Code and the full-time equivalent number of such students | 25 |
enrolled in vocational education programs or classes described in | 26 |
division (B) of that section; | 27 |
(d) Each native student's date of enrollment in an adjacent | 28 |
or other district. | 29 |
(2) The board of education of each joint vocational school | 30 |
district to annually report to the department all of the | 31 |
following: | 32 |
(a) The number of adjacent district or other district joint | 33 |
vocational students, as applicable, enrolled in the district; | 34 |
(b) The full-time equivalent number of adjacent district or | 35 |
other district joint vocational students enrolled in vocational | 36 |
education programs or classes described in division (A) of section | 37 |
3317.014 of the Revised Code and the full-time equivalent number | 38 |
of such students enrolled in vocational education programs or | 39 |
classes described in division (B) of that section; | 40 |
(c) For each adjacent district or other district joint | 41 |
vocational student, the city, exempted village, or local school | 42 |
district in which the student is also enrolled. | 43 |
(3) Prior to the first full school week in October each year, | 44 |
the superintendent of each city, local, or exempted village school | 45 |
district that admits adjacent district or other district students | 46 |
or adjacent district or other district joint vocational students | 47 |
in accordance with a policy adopted under division (B) of section | 48 |
3313.98 of the Revised Code to notify each adjacent or other | 49 |
district where those students are entitled to attend school under | 50 |
section 3313.64 or 3313.65 of the Revised Code of the number of | 51 |
the adjacent or other district's native students who are enrolled | 52 |
in the superintendent's district under the policy. | 53 |
The rules shall provide for the method of counting students | 54 |
who are enrolled for part of a school year in an adjacent or other | 55 |
district or as an adjacent district or other district joint | 56 |
vocational student. | 57 |
(B) From the payments made to a city, exempted village, or | 58 |
local school district under Chapter 3317. of the Revised Code, the | 59 |
department of education shall annually subtract both of the | 60 |
following: | 61 |
(1) An amount equal to the number of the district's native | 62 |
students reported under division (A)(1) of this section who are | 63 |
enrolled in adjacent or other school districts pursuant to | 64 |
policies adopted by such districts under division (B) of section | 65 |
3313.98 of the Revised Code multiplied by the adjusted formula | 66 |
amount for the district; | 67 |
(2) The excess costs computed in accordance with division (E) | 68 |
of this section for any such native students receiving special | 69 |
education and related services in adjacent or other school | 70 |
districts or as an adjacent district or other district joint | 71 |
vocational student; | 72 |
(3) For the full-time equivalent number of the district's | 73 |
native students reported under division (A)(1)(c) or (2)(b) of | 74 |
this section as enrolled in vocational education programs or | 75 |
classes described in section 3317.014 of the Revised Code, an | 76 |
amount equal to the formula amount times the applicable multiple | 77 |
prescribed by that section. | 78 |
(C) To the payments made to a city, exempted village, or | 79 |
local school district under Chapter 3317. of the Revised Code, the | 80 |
department of education shall annually add all of the following: | 81 |
(1) An amount equal to the adjusted formula amount for the | 82 |
district multiplied by the remainder obtained by subtracting the | 83 |
number of adjacent district or other district joint vocational | 84 |
students from the number of adjacent district or other district | 85 |
students enrolled in the district, as reported under division | 86 |
(A)(1) of this section; | 87 |
(2) The excess costs computed in accordance with division (E) | 88 |
of this section for any adjacent district or other district | 89 |
students, except for any adjacent or other district joint | 90 |
vocational students, receiving special education and related | 91 |
services in the district; | 92 |
(3) For the full-time equivalent number of the adjacent or | 93 |
other district students who are not adjacent district or other | 94 |
district joint vocational students and are reported under division | 95 |
(A)(1)(c) of this section as enrolled in vocational education | 96 |
programs or classes described in section 3317.014 of the Revised | 97 |
Code, an amount equal to the formula amount times the applicable | 98 |
multiple prescribed by that section; | 99 |
(4) An amount equal to the number of adjacent district or | 100 |
other district joint vocational students reported under division | 101 |
(A)(1) of this section multiplied by an amount equal to twenty per | 102 |
cent of the adjusted formula amount for the district. | 103 |
(D) To the payments made to a joint vocational school | 104 |
district under Chapter 3317. of the Revised Code, the department | 105 |
of education shall add, for each adjacent district or other | 106 |
district joint vocational student reported under division (A)(2) | 107 |
of this section, both of the following: | 108 |
(1) An amount equal to the adjusted formula amount of the | 109 |
city, exempted village, or local school district in which the | 110 |
student is also enrolled; | 111 |
(2) An amount equal to the full-time equivalent number of | 112 |
students reported pursuant to division (A)(2)(b) of this section | 113 |
times the formula amount times the applicable multiple prescribed | 114 |
by section 3317.014 of the Revised Code. | 115 |
(E)(1) A city, exempted village, or local school board | 116 |
providing special education and related services to an adjacent or | 117 |
other district student in accordance with an IEP shall, pursuant | 118 |
to rules of the state board, compute the excess costs to educate | 119 |
such student as follows: | 120 |
(a) Subtract the adjusted formula amount for the district | 121 |
from the actual costs to educate the student; | 122 |
(b) From the amount computed under division (E)(1)(a) of this | 123 |
section subtract the amount of any funds received by the district | 124 |
under Chapter 3317. of the Revised Code to provide special | 125 |
education and related services to the student. | 126 |
(2) The board shall report the excess costs computed under | 127 |
this division to the department of education. | 128 |
(3) If any student for whom excess costs are computed under | 129 |
division (E)(1) of this section is an adjacent or other district | 130 |
joint vocational student, the department of education shall add | 131 |
the amount of such excess costs to the payments made under Chapter | 132 |
3317. of the Revised Code to the joint vocational school district | 133 |
enrolling the student. | 134 |
(F) As provided in division (D)(1)(b) of section 3317.03 of | 135 |
the Revised Code, no joint vocational school district shall count | 136 |
any adjacent or other district joint vocational student enrolled | 137 |
in the district in its formula ADM certified under section 3317.03 | 138 |
of the Revised Code. | 139 |
(G) No city, exempted village, or local school district shall | 140 |
receive a payment under division (C) of this section for a | 141 |
student, and no joint vocational school district shall receive a | 142 |
payment under division (D) of this section for a student, if for | 143 |
the same school year that student is counted in the district's | 144 |
formula ADM certified under section 3317.03 of the Revised Code. | 145 |
(H) Upon request of a parent, and provided the board offers | 146 |
transportation to native students of the same | 147 |
148 | |
Code, a city, exempted village, or local school board enrolling an | 149 |
adjacent or other district student shall provide transportation | 150 |
for the student within the boundaries of the board's district, | 151 |
except that the board shall be required to pick up and drop off a | 152 |
nonhandicapped student only at a regular school bus stop | 153 |
designated in accordance with the board's transportation policy. | 154 |
Pursuant to rules of the state board of education, such board may | 155 |
reimburse the parent from funds received under division (D) of | 156 |
section 3317.022 of the Revised Code for the reasonable cost of | 157 |
transportation from the student's home to the designated school | 158 |
bus stop if the student's family has an income below the federal | 159 |
poverty line. | 160 |
Sec. 3327.01. Notwithstanding division (D) of section | 161 |
3311.19 and division (D) of section 3311.52 of the Revised Code, | 162 |
this section and sections 3327.011, 3327.012, and 3327.02 of the | 163 |
Revised Code do not apply to any joint vocational or cooperative | 164 |
education school district. | 165 |
| 166 |
section 3327.02 of the Revised Code, each city, local, and | 167 |
exempted village school | 168 |
transportation to each resident school | 169 |
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less than sixteen years of age and whose parent or legal guardian | 171 |
has requested in writing that transportation be provided. | 172 |
Transportation shall be provided to each such pupil to and from | 173 |
the school for which the state board of education prescribes | 174 |
minimum standards pursuant to division (D) of section 3301.07 of | 175 |
the Revised Code and to which
| 176 |
the board of education of the district of residence or to and from | 177 |
the nonpublic
or community school which | 178 |
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In all city, local, and exempted village school districts | 182 |
where pupil transportation is required under a career-technical | 183 |
plan approved by the state board of education under section | 184 |
3313.90 of the Revised Code, for any student attending a | 185 |
career-technical program operated by another school district, | 186 |
including a joint vocational school district, as prescribed under | 187 |
that section, the board of education of the student's district of | 188 |
residence shall provide transportation from the public high school | 189 |
operated by that district to which the student is assigned to the | 190 |
career-technical program. | 191 |
In all city, local, and exempted village school districts the | 192 |
board may provide transportation for resident school pupils
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to and from the high school to which they are assigned by the | 195 |
board of education of the district of residence or to and from the | 196 |
nonpublic or community high school which they attend for which the | 197 |
state board of education prescribes minimum standards pursuant to | 198 |
division (D) of section 3301.07 of the Revised Code. | 199 |
A board of education shall not be required to transport | 200 |
elementary or high school pupils to and from a nonpublic or | 201 |
community school where such transportation would require more than | 202 |
thirty minutes of direct travel time as measured by school bus | 203 |
from the public school building to which the pupils would be | 204 |
assigned if attending the public school designated by the district | 205 |
of residence. | 206 |
Where it is impractical to transport a pupil by school | 207 |
conveyance, a board of education may offer payment, in lieu of | 208 |
providing such transportation in accordance with section 3327.02 | 209 |
of the Revised Code. | 210 |
In all city, local, and exempted village school districts the | 211 |
board shall provide transportation for all children who are so | 212 |
crippled that they are unable to walk to and from the school for | 213 |
which the state board of education prescribes minimum standards | 214 |
pursuant to division (D) of section 3301.07 of the Revised Code | 215 |
and which they attend. In case of dispute whether the child is | 216 |
able to walk to and from the school, the health commissioner shall | 217 |
be the judge of such ability. In all city, exempted village, and | 218 |
local school districts the board shall provide transportation to | 219 |
and from school or special education classes for educable mentally | 220 |
retarded children in accordance with standards adopted by the | 221 |
state board of education. | 222 |
When transportation of pupils is provided the conveyance | 223 |
shall be run on a time schedule that shall be adopted and put in | 224 |
force by the board not later than ten days after the beginning of | 225 |
the school term. | 226 |
The cost of any transportation service authorized by this | 227 |
section shall be paid first out of federal funds, if any, | 228 |
available for the purpose of pupil transportation, and secondly | 229 |
out of state appropriations, in accordance with regulations | 230 |
adopted by the state board of education. | 231 |
No transportation of any pupils shall be provided by any | 232 |
board of education to or from any school which in the selection of | 233 |
pupils, faculty members, or employees, practices discrimination | 234 |
against any person on the grounds of race, color, religion, or | 235 |
national origin. | 236 |
Section 2. That existing sections 3313.981 and 3327.01 of | 237 |
the Revised Code are hereby repealed. | 238 |
Section 3. Sections 1 and 2 of this act shall take effect | 239 |
July 1, 2008. | 240 |