As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 187

Senator Cates 

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A BILL

To amend sections 3313.981 and 3327.01 of the Revised

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Code to require school districts to provide

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transportation to the school of attendance for

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each resident student under sixteen years of age

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whose parent requests transportation.

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

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 grade level and	147
distance from schoolage under section 3327.01 of the Revised	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

In allExcept as otherwise provided in this section and in	166
section 3327.02 of the Revised Code, each city, local, and	167
exempted village school districts wheredistrict shall provide	168
transportation to each resident school pupils in grades	169
kindergarten through eight live more than two milespupil who is	170
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 they arethe pupil is assigned by	176
the board of education of the district of residence or to and from	177
the nonpublic or community school which they attend the board of	178
education shall provide transportation for such pupils to and from	179
such school except as provided in section 3327.02 of the Revised	180
Codethe pupil attends.	181

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 in	193
grades nine through twelvewho are sixteen years of age or older	194
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