Sub. S. B. No. 57 As Passed by the Senate

As Passed by the Senate

127th General Assembly

Regular Session

2007-2008

Sub. S. B. No. 57

Senator Coughlin

Cosponsors: Senators Mumper, Buehrer, Goodman, Harris, Cates

A BILL

To amend sections 109.57, 109.572, 3301.0714,

3317.022, 3317.03, 4776.01, and 5727.84 and to

enact sections 3310.51 to 3310.64 and 3323.052 of

the Revised Code to create the Special Education

Scholarship Pilot Program.

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

Section 1. That sections 109.57, 109.572, 3301.0714,	6
3317.022, 3317.03, 4776.01, and 5727.84 be amended and sections	7
3310.51, 3310.52, 3310.53, 3310.54, 3310.55, 3310.56, 3310.57,	8
3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63, 3310.64,	9
and 3323.052 of the Revised Code be enacted to read as follows:	10

Sec. 109.57. (A)(1) The superintendent of the bureau of	11
criminal identification and investigation shall procure from	12
wherever procurable and file for record photographs, pictures,	13
descriptions, fingerprints, measurements, and other information	14
that may be pertinent of all persons who have been convicted of	15
committing within this state a felony, any crime constituting a	16
misdemeanor on the first offense and a felony on subsequent	17
offenses, or any misdemeanor described in division (A)(1)(a) or	18
(A)(10)(a) of section 109.572 of the Revised Code, of all children	19
under eighteen years of age who have been adjudicated delinquent	20
children for committing within this state an act that would be a	21
felony or an offense of violence if committed by an adult or who	22
have been convicted of or pleaded guilty to committing within this	23
state a felony or an offense of violence, and of all well-known	24
and habitual criminals. The person in charge of any county,	25
multicounty, municipal, municipal-county, or multicounty-municipal	26
jail or workhouse, community-based correctional facility, halfway	27
house, alternative residential facility, or state correctional	28
institution and the person in charge of any state institution	29
having custody of a person suspected of having committed a felony,	30
any crime constituting a misdemeanor on the first offense and a	31
felony on subsequent offenses, or any misdemeanor described in	32
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	33
Code or having custody of a child under eighteen years of age with	34
respect to whom there is probable cause to believe that the child	35
may have committed an act that would be a felony or an offense of	36
violence if committed by an adult shall furnish such material to	37
the superintendent of the bureau. Fingerprints, photographs, or	38
other descriptive information of a child who is under eighteen	39
years of age, has not been arrested or otherwise taken into	40
custody for committing an act that would be a felony or an offense	41
of violence if committed by an adult, has not been adjudicated a	42
delinquent child for committing an act that would be a felony or	43
an offense of violence if committed by an adult, has not been	44
convicted of or pleaded guilty to committing a felony or an	45
offense of violence, and is not a child with respect to whom there	46
is probable cause to believe that the child may have committed an	47
act that would be a felony or an offense of violence if committed	48
by an adult shall not be procured by the superintendent or	49
furnished by any person in charge of any county, multicounty,	50
municipal, municipal-county, or multicounty-municipal jail or	51
workhouse, community-based correctional facility, halfway house,	52
alternative residential facility, or state correctional	53
institution, except as authorized in section 2151.313 of the	54
Revised Code.	55

(2) Every clerk of a court of record in this state, other	56
than the supreme court or a court of appeals, shall send to the	57
superintendent of the bureau a weekly report containing a summary	58
of each case involving a felony, involving any crime constituting	59
a misdemeanor on the first offense and a felony on subsequent	60
offenses, involving a misdemeanor described in division (A)(1)(a)	61
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	62
an adjudication in a case in which a child under eighteen years of	63
age was alleged to be a delinquent child for committing an act	64
that would be a felony or an offense of violence if committed by	65
an adult. The clerk of the court of common pleas shall include in	66
the report and summary the clerk sends under this division all	67
information described in divisions (A)(2)(a) to (f) of this	68
section regarding a case before the court of appeals that is	69
served by that clerk. The summary shall be written on the standard	70
forms furnished by the superintendent pursuant to division (B) of	71
this section and shall include the following information:	72

(a) The incident tracking number contained on the standard	73
forms furnished by the superintendent pursuant to division (B) of	74
this section;	75

(b) The style and number of the case;

(d) The date that the person was convicted of or pleaded	78
guilty to the offense, adjudicated a delinquent child for	79
committing the act that would be a felony or an offense of	80
violence if committed by an adult, found not guilty of the	81
offense, or found not to be a delinquent child for committing an	82
act that would be a felony or an offense of violence if committed	83
by an adult, the date of an entry dismissing the charge, an entry	84
declaring a mistrial of the offense in which the person is	85
discharged, an entry finding that the person or child is not	86
competent to stand trial, or an entry of a nolle prosequi, or the	87
date of any other determination that constitutes final resolution	88
of the case;	89

(e) A statement of the original charge with the section of	90
the Revised Code that was alleged to be violated;	91

(f) If the person or child was convicted, pleaded guilty, or	92
was adjudicated a delinquent child, the sentence or terms of	93
probation imposed or any other disposition of the offender or the	94
delinquent child.	95

If the offense involved the disarming of a law enforcement	96
officer or an attempt to disarm a law enforcement officer, the	97
clerk shall clearly state that fact in the summary, and the	98
superintendent shall ensure that a clear statement of that fact is	99
placed in the bureau's records.	100

(3) The superintendent shall cooperate with and assist	101
sheriffs, chiefs of police, and other law enforcement officers in	102
the establishment of a complete system of criminal identification	103
and in obtaining fingerprints and other means of identification of	104
all persons arrested on a charge of a felony, any crime	105
constituting a misdemeanor on the first offense and a felony on	106
subsequent offenses, or a misdemeanor described in division	107
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	108
of all children under eighteen years of age arrested or otherwise	109
taken into custody for committing an act that would be a felony or	110
an offense of violence if committed by an adult. The	111
superintendent also shall file for record the fingerprint	112
impressions of all persons confined in a county, multicounty,	113
municipal, municipal-county, or multicounty-municipal jail or	114
workhouse, community-based correctional facility, halfway house,	115
alternative residential facility, or state correctional	116
institution for the violation of state laws and of all children	117
under eighteen years of age who are confined in a county,	118
multicounty, municipal, municipal-county, or multicounty-municipal	119
jail or workhouse, community-based correctional facility, halfway	120
house, alternative residential facility, or state correctional	121
institution or in any facility for delinquent children for	122
committing an act that would be a felony or an offense of violence	123
if committed by an adult, and any other information that the	124
superintendent may receive from law enforcement officials of the	125
state and its political subdivisions.	126

(4) The superintendent shall carry out Chapter 2950. of the	127
Revised Code with respect to the registration of persons who are	128
convicted of or plead guilty to a sexually oriented offense or a	129
child-victim oriented offense and with respect to all other duties	130
imposed on the bureau under that chapter.	131

(5) The bureau shall perform centralized recordkeeping	132
functions for criminal history records and services in this state	133
for purposes of the national crime prevention and privacy compact	134
set forth in section 109.571 of the Revised Code and is the	135
criminal history record repository as defined in that section for	136
purposes of that compact. The superintendent or the	137
superintendent's designee is the compact officer for purposes of	138
that compact and shall carry out the responsibilities of the	139
compact officer specified in that compact.	140

(B) The superintendent shall prepare and furnish to every	141
county, multicounty, municipal, municipal-county, or	142
multicounty-municipal jail or workhouse, community-based	143
correctional facility, halfway house, alternative residential	144
facility, or state correctional institution and to every clerk of	145
a court in this state specified in division (A)(2) of this section	146
standard forms for reporting the information required under	147
division (A) of this section. The standard forms that the	148
superintendent prepares pursuant to this division may be in a	149
tangible format, in an electronic format, or in both tangible	150
formats and electronic formats.	151

(C)(1) The superintendent may operate a center for	152
electronic, automated, or other data processing for the storage	153
and retrieval of information, data, and statistics pertaining to	154
criminals and to children under eighteen years of age who are	155
adjudicated delinquent children for committing an act that would	156
be a felony or an offense of violence if committed by an adult,	157
criminal activity, crime prevention, law enforcement, and criminal	158
justice, and may establish and operate a statewide communications	159
network to gather and disseminate information, data, and	160
statistics for the use of law enforcement agencies and for other	161
uses specified in this division. The superintendent may gather,	162
store, retrieve, and disseminate information, data, and statistics	163
that pertain to children who are under eighteen years of age and	164
that are gathered pursuant to sections 109.57 to 109.61 of the	165
Revised Code together with information, data, and statistics that	166
pertain to adults and that are gathered pursuant to those	167
sections.	168

(2) The superintendent or the superintendent's designee shall	169
gather information of the nature described in division (C)(1) of	170
this section that pertains to the offense and delinquency history	171
of a person who has been convicted of, pleaded guilty to, or been	172
adjudicated a delinquent child for committing a sexually oriented	173
offense or a child-victim oriented offense for inclusion in the	174
state registry of sex offenders and child-victim offenders	175
maintained pursuant to division (A)(1) of section 2950.13 of the	176
Revised Code and in the internet database operated pursuant to	177
division (A)(13) of that section and for possible inclusion in the	178
internet database operated pursuant to division (A)(11) of that	179
section.	180

(3) In addition to any other authorized use of information,	181
data, and statistics of the nature described in division (C)(1)	182
of this section, the superintendent or the superintendent's	183
designee may provide and exchange the information, data, and	184
statistics pursuant to the national crime prevention and privacy	185
compact as described in division (A)(5) of this section.	186

(D) The information and materials furnished to the	187
superintendent pursuant to division (A) of this section and	188
information and materials furnished to any board or person under	189
division (F) or (G) of this section are not public records under	190
section 149.43 of the Revised Code. The superintendent or the	191
superintendent's designee shall gather and retain information so	192
furnished under division (A) of this section that pertains to the	193
offense and delinquency history of a person who has been convicted	194
of, pleaded guilty to, or been adjudicated a delinquent child for	195
committing a sexually oriented offense or a child-victim oriented	196
offense for the purposes described in division (C)(2) of this	197
section.	198

(E) The attorney general shall adopt rules, in accordance	199
with Chapter 119. of the Revised Code, setting forth the procedure	200
by which a person may receive or release information gathered by	201
the superintendent pursuant to division (A) of this section. A	202
reasonable fee may be charged for this service. If a temporary	203
employment service submits a request for a determination of	204
whether a person the service plans to refer to an employment	205
position has been convicted of or pleaded guilty to an offense	206
listed in division (A)(1), (3), (4), (5), or (6) of section	207
109.572 of the Revised Code, the request shall be treated as a	208
single request and only one fee shall be charged.	209

(F)(1) As used in division (F)(2) of this section, "head	210
start agency" means an entity in this state that has been approved	211
to be an agency for purposes of subchapter II of the "Community	212
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	213
as amended.	214

(2)(a) In addition to or in conjunction with any request that	215
is required to be made under section 109.572, 2151.86, 3301.32, or	216
3301.541, division (C) of section 3310.58, or section 3319.39,	217
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	218
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	219
education of any school district; the director of mental	220
retardation and developmental disabilities; any county board of	221
mental retardation and developmental disabilities; any entity	222
under contract with a county board of mental retardation and	223
developmental disabilities; the chief administrator of any	224
chartered nonpublic school; the chief administrator of a	225
registered private provider that is not also a chartered nonpublic	226
school; the chief administrator of any home health agency; the	227
chief administrator of or person operating any child day-care	228
center, type A family day-care home, or type B family day-care	229
home licensed or certified under Chapter 5104. of the Revised	230
Code; the administrator of any type C family day-care home	231
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	232
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	233
general assembly; the chief administrator of any head start	234
agency; the executive director of a public children services	235
agency; or an employer described in division (A)(2) of section	236
3319.391 or division (J)(2) of section 3327.10 of the Revised Code	237
may request that the superintendent of the bureau investigate and	238
determine, with respect to any individual who has applied for	239
employment in any position after October 2, 1989, or any	240
individual wishing to apply for employment with a board of	241
education may request, with regard to the individual, whether the	242
bureau has any information gathered under division (A) of this	243
section that pertains to that individual. On receipt of the	244
request, the superintendent shall determine whether that	245
information exists and, upon request of the person, board, or	246
entity requesting information, also shall request from the federal	247
bureau of investigation any criminal records it has pertaining to	248
that individual. The superintendent or the superintendent's	249
designee also may request criminal history records from other	250
states or the federal government pursuant to the national crime	251
prevention and privacy compact set forth in section 109.571 of the	252
Revised Code. Within thirty days of the date that the	253
superintendent receives a request, the superintendent shall send	254
to the board, entity, or person a report of any information that	255
the superintendent determines exists, including information	256
contained in records that have been sealed under section 2953.32	257
of the Revised Code, and, within thirty days of its receipt, shall	258
send the board, entity, or person a report of any information	259
received from the federal bureau of investigation, other than	260
information the dissemination of which is prohibited by federal	261
law.	262

(b) When a board of education or a registered private	263
provider is required to receive information under this section as	264
a prerequisite to employment of an individual pursuant to	265
division (C) of section 3310.58 or section 3319.39 of the Revised	266
Code, it may accept a certified copy of records that were issued	267
by the bureau of criminal identification and investigation and	268
that are presented by an individual applying for employment with	269
the district in lieu of requesting that information itself. In	270
such a case, the board or provider shall accept the certified	271
copy issued by the bureau in order to make a photocopy of it for	272
that individual's employment application documents and shall	273
return the certified copy to the individual. In a case of that	274
nature, a district or provider only shall accept a certified copy	275
of records of that nature within one year after the date of their	276
issuance by the bureau.	277

(3) The state board of education may request, with respect to	278
any individual who has applied for employment after October 2,	279
1989, in any position with the state board or the department of	280
education, any information that a school district board of	281
education is authorized to request under division (F)(2) of this	282
section, and the superintendent of the bureau shall proceed as if	283
the request has been received from a school district board of	284
education under division (F)(2) of this section.	285

(4) When the superintendent of the bureau receives a request	286
for information under section 3319.291 of the Revised Code, the	287
superintendent shall proceed as if the request has been received	288
from a school district board of education under division (F)(2) of	289
this section.	290

(5) When a recipient of a classroom reading improvement grant	291
paid under section 3301.86 of the Revised Code requests, with	292
respect to any individual who applies to participate in providing	293
any program or service funded in whole or in part by the grant,	294
the information that a school district board of education is	295
authorized to request under division (F)(2)(a) of this section,	296
the superintendent of the bureau shall proceed as if the request	297
has been received from a school district board of education under	298
division (F)(2)(a) of this section.	299

(G) In addition to or in conjunction with any request that is	300
required to be made under section 3701.881, 3712.09, 3721.121, or	301
3722.151 of the Revised Code with respect to an individual who has	302
applied for employment in a position that involves providing	303
direct care to an older adult, the chief administrator of a home	304
health agency, hospice care program, home licensed under Chapter	305
3721. of the Revised Code, adult day-care program operated	306
pursuant to rules adopted under section 3721.04 of the Revised	307
Code, or adult care facility may request that the superintendent	308
of the bureau investigate and determine, with respect to any	309
individual who has applied after January 27, 1997, for employment	310
in a position that does not involve providing direct care to an	311
older adult, whether the bureau has any information gathered under	312
division (A) of this section that pertains to that individual.	313

In addition to or in conjunction with any request that is	314
required to be made under section 173.27 of the Revised Code with	315
respect to an individual who has applied for employment in a	316
position that involves providing ombudsperson services to	317
residents of long-term care facilities or recipients of	318
community-based long-term care services, the state long-term care	319
ombudsperson, ombudsperson's designee, or director of health may	320
request that the superintendent investigate and determine, with	321
respect to any individual who has applied for employment in a	322
position that does not involve providing such ombudsperson	323
services, whether the bureau has any information gathered under	324
division (A) of this section that pertains to that applicant.	325

In addition to or in conjunction with any request that is	326
required to be made under section 173.394 of the Revised Code with	327
respect to an individual who has applied for employment in a	328
position that involves providing direct care to an individual, the	329
chief administrator of a community-based long-term care agency may	330
request that the superintendent investigate and determine, with	331
respect to any individual who has applied for employment in a	332
position that does not involve providing direct care, whether the	333
bureau has any information gathered under division (A) of this	334
section that pertains to that applicant.	335

On receipt of a request under this division, the	336
superintendent shall determine whether that information exists	337
and, on request of the individual requesting information, shall	338
also request from the federal bureau of investigation any criminal	339
records it has pertaining to the applicant. The superintendent or	340
the superintendent's designee also may request criminal history	341
records from other states or the federal government pursuant to	342
the national crime prevention and privacy compact set forth in	343
section 109.571 of the Revised Code. Within thirty days of the	344
date a request is received, the superintendent shall send to the	345
requester a report of any information determined to exist,	346
including information contained in records that have been sealed	347
under section 2953.32 of the Revised Code, and, within thirty days	348
of its receipt, shall send the requester a report of any	349
information received from the federal bureau of investigation,	350
other than information the dissemination of which is prohibited by	351
federal law.	352

(H) Information obtained by a government entity or person	353
under this section is confidential and shall not be released or	354
disseminated.	355

(I) The superintendent may charge a reasonable fee for	356
providing information or criminal records under division (F)(2) or	357
(G) of this section.	358

(J) As used in this section~~, "sexually~~:

359

(1) "Sexually oriented offense" and "child-victim oriented	360
offense" have the same meanings as in section 2950.01 of the	361
Revised Code.	362

(2) "Registered private provider" means a nonpublic school	363
or entity registered with the superintendent of public	364
instruction under section 3310.41 of the Revised Code to	365
participate in the autism scholarship program or section 3310.58	366
of the Revised Code to participate in the special education	367
scholarship pilot program.	368

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	369
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	370
of the Revised Code, a completed form prescribed pursuant to	371
division (C)(1) of this section, and a set of fingerprint	372
impressions obtained in the manner described in division (C)(2) of	373
this section, the superintendent of the bureau of criminal	374
identification and investigation shall conduct a criminal records	375
check in the manner described in division (B) of this section to	376
determine whether any information exists that indicates that the	377
person who is the subject of the request previously has been	378
convicted of or pleaded guilty to any of the following:	379

(a) A violation of section 2903.01, 2903.02, 2903.03,	380
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	381
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	382
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	383
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	384
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	385
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	386
2925.06, or 3716.11 of the Revised Code, felonious sexual	387
penetration in violation of former section 2907.12 of the Revised	388
Code, a violation of section 2905.04 of the Revised Code as it	389
existed prior to July 1, 1996, a violation of section 2919.23 of	390
the Revised Code that would have been a violation of section	391
2905.04 of the Revised Code as it existed prior to July 1, 1996,	392
had the violation been committed prior to that date, or a	393
violation of section 2925.11 of the Revised Code that is not a	394
minor drug possession offense;	395

(b) A violation of an existing or former law of this state,	396
any other state, or the United States that is substantially	397
equivalent to any of the offenses listed in division (A)(1)(a) of	398
this section.	399

(2) On receipt of a request pursuant to section 5123.081 of	400
the Revised Code with respect to an applicant for employment in	401
any position with the department of mental retardation and	402
developmental disabilities, pursuant to section 5126.28 of the	403
Revised Code with respect to an applicant for employment in any	404
position with a county board of mental retardation and	405
developmental disabilities, or pursuant to section 5126.281 of the	406
Revised Code with respect to an applicant for employment in a	407
direct services position with an entity contracting with a county	408
board for employment, a completed form prescribed pursuant to	409
division (C)(1) of this section, and a set of fingerprint	410
impressions obtained in the manner described in division (C)(2) of	411
this section, the superintendent of the bureau of criminal	412
identification and investigation shall conduct a criminal records	413
check. The superintendent shall conduct the criminal records check	414
in the manner described in division (B) of this section to	415
determine whether any information exists that indicates that the	416
person who is the subject of the request has been convicted of or	417
pleaded guilty to any of the following:	418

(a) A violation of section 2903.01, 2903.02, 2903.03,	419
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	420
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	421
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	422
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	423
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	424
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	425
2925.03, or 3716.11 of the Revised Code;	426

(b) An existing or former municipal ordinance or law of this	427
state, any other state, or the United States that is substantially	428
equivalent to any of the offenses listed in division (A)(2)(a) of	429
this section.	430

(3) On receipt of a request pursuant to section 173.27,	431
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	432
completed form prescribed pursuant to division (C)(1) of this	433
section, and a set of fingerprint impressions obtained in the	434
manner described in division (C)(2) of this section, the	435
superintendent of the bureau of criminal identification and	436
investigation shall conduct a criminal records check with respect	437
to any person who has applied for employment in a position for	438
which a criminal records check is required by those sections. The	439
superintendent shall conduct the criminal records check in the	440
manner described in division (B) of this section to determine	441
whether any information exists that indicates that the person who	442
is the subject of the request previously has been convicted of or	443
pleaded guilty to any of the following:	444

(a) A violation of section 2903.01, 2903.02, 2903.03,	445
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	446
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	447
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	448
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	449
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	450
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	451
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	452
2925.22, 2925.23, or 3716.11 of the Revised Code;	453

(b) An existing or former law of this state, any other state,	454
or the United States that is substantially equivalent to any of	455
the offenses listed in division (A)(3)(a) of this section.	456

(4) On receipt of a request pursuant to section 3701.881 of	457
the Revised Code with respect to an applicant for employment with	458
a home health agency as a person responsible for the care,	459
custody, or control of a child, a completed form prescribed	460
pursuant to division (C)(1) of this section, and a set of	461
fingerprint impressions obtained in the manner described in	462
division (C)(2) of this section, the superintendent of the bureau	463
of criminal identification and investigation shall conduct a	464
criminal records check. The superintendent shall conduct the	465
criminal records check in the manner described in division (B) of	466
this section to determine whether any information exists that	467
indicates that the person who is the subject of the request	468
previously has been convicted of or pleaded guilty to any of the	469
following:	470

(a) A violation of section 2903.01, 2903.02, 2903.03,	471
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	472
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	473
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	474
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	475
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	476
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	477
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	478
violation of section 2925.11 of the Revised Code that is not a	479
minor drug possession offense;	480

(b) An existing or former law of this state, any other state,	481
or the United States that is substantially equivalent to any of	482
the offenses listed in division (A)(4)(a) of this section.	483

(5) On receipt of a request pursuant to section 5111.032,	484
5111.033, or 5111.034 of the Revised Code, a completed form	485
prescribed pursuant to division (C)(1) of this section, and a set	486
of fingerprint impressions obtained in the manner described in	487
division (C)(2) of this section, the superintendent of the bureau	488
of criminal identification and investigation shall conduct a	489
criminal records check. The superintendent shall conduct the	490
criminal records check in the manner described in division (B) of	491
this section to determine whether any information exists that	492
indicates that the person who is the subject of the request	493
previously has been convicted of, has pleaded guilty to, or has	494
been found eligible for intervention in lieu of conviction for	495
any of the following:	496

(a) A violation of section 2903.01, 2903.02, 2903.03,	497
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	498
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	499
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	500
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	501
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	502
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	503
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	504
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	505
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	506
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	507
3716.11 of the Revised Code, felonious sexual penetration in	508
violation of former section 2907.12 of the Revised Code, a	509
violation of section 2905.04 of the Revised Code as it existed	510
prior to July 1, 1996, a violation of section 2919.23 of the	511
Revised Code that would have been a violation of section 2905.04	512
of the Revised Code as it existed prior to July 1, 1996, had the	513
violation been committed prior to that date;	514

(b) An existing or former law of this state, any other state,	515
or the United States that is substantially equivalent to any of	516
the offenses listed in division (A)(5)(a) of this section.	517

(6) On receipt of a request pursuant to section 3701.881 of	518
the Revised Code with respect to an applicant for employment with	519
a home health agency in a position that involves providing direct	520
care to an older adult, a completed form prescribed pursuant to	521
division (C)(1) of this section, and a set of fingerprint	522
impressions obtained in the manner described in division (C)(2) of	523
this section, the superintendent of the bureau of criminal	524
identification and investigation shall conduct a criminal records	525
check. The superintendent shall conduct the criminal records check	526
in the manner described in division (B) of this section to	527
determine whether any information exists that indicates that the	528
person who is the subject of the request previously has been	529
convicted of or pleaded guilty to any of the following:	530

(a) A violation of section 2903.01, 2903.02, 2903.03,	531
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	532
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	533
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	534
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	535
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	536
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	537
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	538
2925.22, 2925.23, or 3716.11 of the Revised Code;	539

(b) An existing or former law of this state, any other state,	540
or the United States that is substantially equivalent to any of	541
the offenses listed in division (A)(6)(a) of this section.	542

(7) When conducting a criminal records check upon a request	543
pursuant to section 3319.39 of the Revised Code for an applicant	544
who is a teacher, in addition to the determination made under	545
division (A)(1) of this section, the superintendent shall	546
determine whether any information exists that indicates that the	547
person who is the subject of the request previously has been	548
convicted of or pleaded guilty to any offense specified in section	549
3319.31 of the Revised Code.	550

(8) On receipt of a request pursuant to section 2151.86 of	551
the Revised Code, a completed form prescribed pursuant to	552
division (C)(1) of this section, and a set of fingerprint	553
impressions obtained in the manner described in division (C)(2)	554
of this section, the superintendent of the bureau of criminal	555
identification and investigation shall conduct a criminal records	556
check in the manner described in division (B) of this section to	557
determine whether any information exists that indicates that the	558
person who is the subject of the request previously has been	559
convicted of or pleaded guilty to any of the following:	560

(a) A violation of section 2903.01, 2903.02, 2903.03,	561
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	562
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	563
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	564
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	565
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	566
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	567
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	568
violation of section 2905.04 of the Revised Code as it existed	569
prior to July 1, 1996, a violation of section 2919.23 of the	570
Revised Code that would have been a violation of section 2905.04	571
of the Revised Code as it existed prior to July 1, 1996, had the	572
violation been committed prior to that date, a violation of	573
section 2925.11 of the Revised Code that is not a minor drug	574
possession offense, or felonious sexual penetration in violation	575
of former section 2907.12 of the Revised Code;	576

(b) A violation of an existing or former law of this state,	577
any other state, or the United States that is substantially	578
equivalent to any of the offenses listed in division (A)(8)(a) of	579
this section.	580

(9) When conducting a criminal records check on a request	581
pursuant to section 5104.013 of the Revised Code for a person who	582
is an owner, licensee, or administrator of a child day-care center	583
or type A family day-care home, an authorized provider of a	584
certified type B family day-care home, or an adult residing in a	585
type A or certified type B home, or when conducting a criminal	586
records check or a request pursuant to section 5104.012 of the	587
Revised Code for a person who is an applicant for employment in a	588
center, type A home, or certified type B home, the superintendent,	589
in addition to the determination made under division (A)(1) of	590
this section, shall determine whether any information exists that	591
indicates that the person has been convicted of or pleaded guilty	592
to any of the following:	593

(a) A violation of section 2913.02, 2913.03, 2913.04,	594
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	595
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	596
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	597
2921.13, or 2923.01 of the Revised Code, a violation of section	598
2923.02 or 2923.03 of the Revised Code that relates to a crime	599
specified in this division or division (A)(1)(a) of this section,	600
or a second violation of section 4511.19 of the Revised Code	601
within five years of the date of application for licensure or	602
certification.	603

(b) A violation of an existing or former law of this state,	604
any other state, or the United States that is substantially	605
equivalent to any of the offenses or violations described in	606
division (A)(9)(a) of this section.	607

(10) Upon receipt of a request pursuant to section 5153.111	608
of the Revised Code, a completed form prescribed pursuant to	609
division (C)(1) of this section, and a set of fingerprint	610
impressions obtained in the manner described in division (C)(2) of	611
this section, the superintendent of the bureau of criminal	612
identification and investigation shall conduct a criminal records	613
check in the manner described in division (B) of this section to	614
determine whether any information exists that indicates that the	615
person who is the subject of the request previously has been	616
convicted of or pleaded guilty to any of the following:	617

(a) A violation of section 2903.01, 2903.02, 2903.03,	618
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	619
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	620
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	621
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	622
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	623
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	624
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	625
felonious sexual penetration in violation of former section	626
2907.12 of the Revised Code, a violation of section 2905.04 of the	627
Revised Code as it existed prior to July 1, 1996, a violation of	628
section 2919.23 of the Revised Code that would have been a	629
violation of section 2905.04 of the Revised Code as it existed	630
prior to July 1, 1996, had the violation been committed prior to	631
that date, or a violation of section 2925.11 of the Revised Code	632
that is not a minor drug possession offense;	633

(b) A violation of an existing or former law of this state,	634
any other state, or the United States that is substantially	635
equivalent to any of the offenses listed in division (A)(10)(a) of	636
this section.	637

(11) On receipt of a request for a criminal records check	638
from an individual pursuant to section 4749.03 or 4749.06 of the	639
Revised Code, accompanied by a completed copy of the form	640
prescribed in division (C)(1) of this section and a set of	641
fingerprint impressions obtained in a manner described in division	642
(C)(2) of this section, the superintendent of the bureau of	643
criminal identification and investigation shall conduct a criminal	644
records check in the manner described in division (B) of this	645
section to determine whether any information exists indicating	646
that the person who is the subject of the request has been	647
convicted of or pleaded guilty to a felony in this state or in any	648
other state. If the individual indicates that a firearm will be	649
carried in the course of business, the superintendent shall	650
require information from the federal bureau of investigation as	651
described in division (B)(2) of this section. The superintendent	652
shall report the findings of the criminal records check and any	653
information the federal bureau of investigation provides to the	654
director of public safety.	655

(12) On receipt of a request pursuant to section 1322.03,	656
1322.031, or 4763.05 of the Revised Code, a completed form	657
prescribed pursuant to division (C)(1) of this section, and a set	658
of fingerprint impressions obtained in the manner described in	659
division (C)(2) of this section, the superintendent of the bureau	660
of criminal identification and investigation shall conduct a	661
criminal records check with respect to any person who has applied	662
for a license, permit, or certification from the department of	663
commerce or a division in the department. The superintendent shall	664
conduct the criminal records check in the manner described in	665
division (B) of this section to determine whether any information	666
exists that indicates that the person who is the subject of the	667
request previously has been convicted of or pleaded guilty to any	668
of the following: a violation of section 2913.02, 2913.11,	669
2913.31, 2913.51, or 2925.03 of the Revised Code; any other	670
criminal offense involving theft, receiving stolen property,	671
embezzlement, forgery, fraud, passing bad checks, money	672
laundering, or drug trafficking, or any criminal offense involving	673
money or securities, as set forth in Chapters 2909., 2911., 2913.,	674
2915., 2921., 2923., and 2925. of the Revised Code; or any	675
existing or former law of this state, any other state, or the	676
United States that is substantially equivalent to those offenses.	677

(13) On receipt of a request for a criminal records check	678
from the treasurer of state under section 113.041 of the Revised	679
Code or from an individual under section 4701.08, 4715.101,	680
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	681
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	682
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	683
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	684
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	685
by a completed form prescribed under division (C)(1) of this	686
section and a set of fingerprint impressions obtained in the	687
manner described in division (C)(2) of this section, the	688
superintendent of the bureau of criminal identification and	689
investigation shall conduct a criminal records check in the	690
manner described in division (B) of this section to determine	691
whether any information exists that indicates that the person who	692
is the subject of the request has been convicted of or pleaded	693
guilty to any criminal offense in this state or any other state.	694
The superintendent shall send the results of a check requested	695
under section 113.041 of the Revised Code to the treasurer of	696
state and shall send the results of a check requested under any of	697
the other listed sections to the licensing board specified by the	698
individual in the request.	699

(14) Not later than thirty days after the date the	700
superintendent receives a request of a type described in division	701
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or	702
(12) of this section, the completed form, and the fingerprint	703
impressions, the superintendent shall send the person, board, or	704
entity that made the request any information, other than	705
information the dissemination of which is prohibited by federal	706
law, the superintendent determines exists with respect to the	707
person who is the subject of the request that indicates that the	708
person previously has been convicted of or pleaded guilty to any	709
offense listed or described in division (A)(1), (2), (3), (4),	710
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	711
appropriate. The superintendent shall send the person, board, or	712
entity that made the request a copy of the list of offenses	713
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	714
(9), (10), (11), or (12) of this section, as appropriate. If the	715
request was made under section 3701.881 of the Revised Code with	716
regard to an applicant who may be both responsible for the care,	717
custody, or control of a child and involved in providing direct	718
care to an older adult, the superintendent shall provide a list of	719
the offenses specified in divisions (A)(4) and (6) of this	720
section.	721

Not later than thirty days after the superintendent receives	722
a request for a criminal records check pursuant to section 113.041	723
of the Revised Code, the completed form, and the fingerprint	724
impressions, the superintendent shall send the treasurer of state	725
any information, other than information the dissemination of which	726
is prohibited by federal law, the superintendent determines exist	727
with respect to the person who is the subject of the request that	728
indicates that the person previously has been convicted of or	729
pleaded guilty to any criminal offense in this state or any other	730
state.	731

(B) The superintendent shall conduct any criminal records	732
check requested under section 113.041, 121.08, 173.27, 173.394,	733
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	734
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	735
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	736
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	737
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	738
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	739
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	740
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	741
5126.281, or 5153.111 of the Revised Code as follows:	742

(1) The superintendent shall review or cause to be reviewed	743
any relevant information gathered and compiled by the bureau under	744
division (A) of section 109.57 of the Revised Code that relates to	745
the person who is the subject of the request, including any	746
relevant information contained in records that have been sealed	747
under section 2953.32 of the Revised Code;	748

(2) If the request received by the superintendent asks for	749
information from the federal bureau of investigation, the	750
superintendent shall request from the federal bureau of	751
investigation any information it has with respect to the person	752
who is the subject of the request and shall review or cause to be	753
reviewed any information the superintendent receives from that	754
bureau.	755

(3) The superintendent or the superintendent's designee may	756
request criminal history records from other states or the federal	757
government pursuant to the national crime prevention and privacy	758
compact set forth in section 109.571 of the Revised Code.	759

(C)(1) The superintendent shall prescribe a form to obtain	760
the information necessary to conduct a criminal records check from	761
any person for whom a criminal records check is requested under	762
section 113.041 of the Revised Code or required by section	763
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	764
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	765
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	766
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	767
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	768
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	769
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	770
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	771
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	772
that the superintendent prescribes pursuant to this division may	773
be in a tangible format, in an electronic format, or in both	774
tangible and electronic formats.	775

(2) The superintendent shall prescribe standard impression	776
sheets to obtain the fingerprint impressions of any person for	777
whom a criminal records check is requested under section 113.041	778
of the Revised Code or required by section 121.08, 173.27,	779
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39,	780
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	781
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	782
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	783
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	784
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	785
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	786
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	787
5126.281, or 5153.111 of the Revised Code. Any person for whom a	788
records check is requested under or required by any of those	789
sections shall obtain the fingerprint impressions at a county	790
sheriff's office, municipal police department, or any other	791
entity with the ability to make fingerprint impressions on the	792
standard impression sheets prescribed by the superintendent. The	793
office, department, or entity may charge the person a reasonable	794
fee for making the impressions. The standard impression sheets the	795
superintendent prescribes pursuant to this division may be in a	796
tangible format, in an electronic format, or in both tangible and	797
electronic formats.	798

(3) Subject to division (D) of this section, the	799
superintendent shall prescribe and charge a reasonable fee for	800
providing a criminal records check requested under section	801
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	802
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	803
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	804
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	805
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	806
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	807
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	808
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	809
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	810
the Revised Code. The person making a criminal records request	811
under section 113.041, 121.08, 173.27, 173.394, 1322.03,	812
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	813
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	814
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	815
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	816
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	817
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	818
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	819
5104.013, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	820
5153.111 of the Revised Code shall pay the fee prescribed	821
pursuant to this division. A person making a request under	822
section 3701.881 of the Revised Code for a criminal records	823
check for an applicant who may be both responsible for the care,	824
custody, or control of a child and involved in providing direct	825
care to an older adult shall pay one fee for the request. In the	826
case of a request under section 5111.032 of the Revised Code,	827
the fee shall be paid in the manner specified in that section.	828

(4) The superintendent of the bureau of criminal	829
identification and investigation may prescribe methods of	830
forwarding fingerprint impressions and information necessary to	831
conduct a criminal records check, which methods shall include, but	832
not be limited to, an electronic method.	833

(D) A determination whether any information exists that	834
indicates that a person previously has been convicted of or	835
pleaded guilty to any offense listed or described in division	836
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	837
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	838
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	839
section, or that indicates that a person previously has been	840
convicted of or pleaded guilty to any criminal offense in this	841
state or any other state regarding a criminal records check of a	842
type described in division (A)(13) of this section, and that is	843
made by the superintendent with respect to information	844
considered in a criminal records check in accordance with this	845
section is valid for the person who is the subject of the	846
criminal records check for a period of one year from the date	847
upon which the superintendent makes the determination. During the	848
period in which the determination in regard to a person is valid,	849
if another request under this section is made for a criminal	850
records check for that person, the superintendent shall provide	851
the information that is the basis for the superintendent's	852
initial determination at a lower fee than the fee prescribed for	853
the initial criminal records check.	854

(E) When the superintendent receives a request for	855
information from a registered private provider, the superintendent	856
shall proceed as if the request was received from a school	857
district board of education under section 3319.39 of the Revised	858
Code. The superintendent shall apply division (A)(7) of this	859
section to any such request for an applicant who is a teacher.	860

(F) As used in this section:

861

(1) "Criminal records check" means any criminal records check	862
conducted by the superintendent of the bureau of criminal	863
identification and investigation in accordance with division (B)	864
of this section.	865

(2) "Minor drug possession offense" has the same meaning as	866
in section 2925.01 of the Revised Code.	867

(3) "Older adult" means a person age sixty or older.

868

(4) "Registered private provider" means a nonpublic school	869
or entity registered with the superintendent of public instruction	870
under section 3310.41 of the Revised Code to participate in the	871
autism scholarship program or section 3310.58 of the Revised Code	872
to participate in the special education scholarship pilot	873
program.	874

Sec. 3301.0714. (A) The state board of education shall adopt	875
rules for a statewide education management information system. The	876
rules shall require the state board to establish guidelines for	877
the establishment and maintenance of the system in accordance with	878
this section and the rules adopted under this section. The	879
guidelines shall include:	880

(1) Standards identifying and defining the types of data in	881
the system in accordance with divisions (B) and (C) of this	882
section;	883

(2) Procedures for annually collecting and reporting the data	884
to the state board in accordance with division (D) of this	885
section;	886

(3) Procedures for annually compiling the data in accordance	887
with division (G) of this section;	888

(4) Procedures for annually reporting the data to the public	889
in accordance with division (H) of this section.	890

(B) The guidelines adopted under this section shall require	891
the data maintained in the education management information system	892
to include at least the following:	893

(1) Student participation and performance data, for each	894
grade in each school district as a whole and for each grade in	895
each school building in each school district, that includes:	896

(a) The numbers of students receiving each category of	897
instructional service offered by the school district, such as	898
regular education instruction, vocational education instruction,	899
specialized instruction programs or enrichment instruction that is	900
part of the educational curriculum, instruction for gifted	901
students, instruction for students with disabilities, and	902
remedial instruction. The guidelines shall require instructional	903
services under this division to be divided into discrete	904
categories if an instructional service is limited to a specific	905
subject, a specific type of student, or both, such as regular	906
instructional services in mathematics, remedial reading	907
instructional services, instructional services specifically for	908
students gifted in mathematics or some other subject area, or	909
instructional services for students with a specific type of	910
disability. The categories of instructional services required by	911
the guidelines under this division shall be the same as the	912
categories of instructional services used in determining cost	913
units pursuant to division (C)(3) of this section.	914

(b) The numbers of students receiving support or	915
extracurricular services for each of the support services or	916
extracurricular programs offered by the school district, such as	917
counseling services, health services, and extracurricular sports	918
and fine arts programs. The categories of services required by the	919
guidelines under this division shall be the same as the categories	920
of services used in determining cost units pursuant to division	921
(C)(4)(a) of this section.	922

(c) Average student grades in each subject in grades nine	923
through twelve;	924

(d) Academic achievement levels as assessed by the testing of	925
student achievement under sections 3301.0710 and 3301.0711 of the	926
Revised Code;	927

(e) The number of students designated as having a disabling	928
condition pursuant to division (C)(1) of section 3301.0711 of the	929
Revised Code;	930

(f) The numbers of students reported to the state board	931
pursuant to division (C)(2) of section 3301.0711 of the Revised	932
Code;	933

(g) Attendance rates and the average daily attendance for the	934
year. For purposes of this division, a student shall be counted as	935
present for any field trip that is approved by the school	936
administration.	937

(h) Expulsion rates;

938

(i) Suspension rates;

939

(j) The percentage of students receiving corporal punishment;

940

(k) Dropout rates;

941

(l) Rates of retention in grade;

942

(m) For pupils in grades nine through twelve, the average	943
number of carnegie units, as calculated in accordance with state	944
board of education rules;	945

(n) Graduation rates, to be calculated in a manner specified	946
by the department of education that reflects the rate at which	947
students who were in the ninth grade three years prior to the	948
current year complete school and that is consistent with	949
nationally accepted reporting requirements;	950

(o) Results of diagnostic assessments administered to	951
kindergarten students as required under section 3301.0715 of the	952
Revised Code to permit a comparison of the academic readiness of	953
kindergarten students. However, no district shall be required to	954
report to the department the results of any diagnostic assessment	955
administered to a kindergarten student if the parent of that	956
student requests the district not to report those results.	957

(2) Personnel and classroom enrollment data for each school	958
district, including:	959

(a) The total numbers of licensed employees and nonlicensed	960
employees and the numbers of full-time equivalent licensed	961
employees and nonlicensed employees providing each category of	962
instructional service, instructional support service, and	963
administrative support service used pursuant to division (C)(3) of	964
this section. The guidelines adopted under this section shall	965
require these categories of data to be maintained for the school	966
district as a whole and, wherever applicable, for each grade in	967
the school district as a whole, for each school building as a	968
whole, and for each grade in each school building.	969

(b) The total number of employees and the number of full-time	970
equivalent employees providing each category of service used	971
pursuant to divisions (C)(4)(a) and (b) of this section, and the	972
total numbers of licensed employees and nonlicensed employees and	973
the numbers of full-time equivalent licensed employees and	974
nonlicensed employees providing each category used pursuant to	975
division (C)(4)(c) of this section. The guidelines adopted under	976
this section shall require these categories of data to be	977
maintained for the school district as a whole and, wherever	978
applicable, for each grade in the school district as a whole, for	979
each school building as a whole, and for each grade in each school	980
building.	981

(c) The total number of regular classroom teachers teaching	982
classes of regular education and the average number of pupils	983
enrolled in each such class, in each of grades kindergarten	984
through five in the district as a whole and in each school	985
building in the school district.	986

(d) The number of master teachers employed by each school	987
district and each school building, once a definition of master	988
teacher has been developed by the educator standards board	989
pursuant to section 3319.61 of the Revised Code.	990

(3)(a) Student demographic data for each school district,	991
including information regarding the gender ratio of the school	992
district's pupils, the racial make-up of the school district's	993
pupils, the number of limited English proficient students in the	994
district, and an appropriate measure of the number of the school	995
district's pupils who reside in economically disadvantaged	996
households. The demographic data shall be collected in a manner to	997
allow correlation with data collected under division (B)(1) of	998
this section. Categories for data collected pursuant to division	999
(B)(3) of this section shall conform, where appropriate, to	1000
standard practices of agencies of the federal government.	1001

(b) With respect to each student entering kindergarten,	1002
whether the student previously participated in a public preschool	1003
program, a private preschool program, or a head start program, and	1004
the number of years the student participated in each of these	1005
programs.	1006

(4) Any data required to be collected pursuant to federal	1007
law.	1008

(C) The education management information system shall include	1009
cost accounting data for each district as a whole and for each	1010
school building in each school district. The guidelines adopted	1011
under this section shall require the cost data for each school	1012
district to be maintained in a system of mutually exclusive cost	1013
units and shall require all of the costs of each school district	1014
to be divided among the cost units. The guidelines shall require	1015
the system of mutually exclusive cost units to include at least	1016
the following:	1017

(1) Administrative costs for the school district as a whole.	1018
The guidelines shall require the cost units under this division	1019
(C)(1) to be designed so that each of them may be compiled and	1020
reported in terms of average expenditure per pupil in formula ADM	1021
in the school district, as determined pursuant to section 3317.03	1022
of the Revised Code.	1023

(2) Administrative costs for each school building in the	1024
school district. The guidelines shall require the cost units under	1025
this division (C)(2) to be designed so that each of them may be	1026
compiled and reported in terms of average expenditure per	1027
full-time equivalent pupil receiving instructional or support	1028
services in each building.	1029

(3) Instructional services costs for each category of	1030
instructional service provided directly to students and required	1031
by guidelines adopted pursuant to division (B)(1)(a) of this	1032
section. The guidelines shall require the cost units under	1033
division (C)(3) of this section to be designed so that each of	1034
them may be compiled and reported in terms of average expenditure	1035
per pupil receiving the service in the school district as a whole	1036
and average expenditure per pupil receiving the service in each	1037
building in the school district and in terms of a total cost for	1038
each category of service and, as a breakdown of the total cost, a	1039
cost for each of the following components:	1040

(a) The cost of each instructional services category required	1041
by guidelines adopted under division (B)(1)(a) of this section	1042
that is provided directly to students by a classroom teacher;	1043

(b) The cost of the instructional support services, such as	1044
services provided by a speech-language pathologist, classroom	1045
aide, multimedia aide, or librarian, provided directly to students	1046
in conjunction with each instructional services category;	1047

(c) The cost of the administrative support services related	1048
to each instructional services category, such as the cost of	1049
personnel that develop the curriculum for the instructional	1050
services category and the cost of personnel supervising or	1051
coordinating the delivery of the instructional services category.	1052

(4) Support or extracurricular services costs for each	1053
category of service directly provided to students and required by	1054
guidelines adopted pursuant to division (B)(1)(b) of this section.	1055
The guidelines shall require the cost units under division (C)(4)	1056
of this section to be designed so that each of them may be	1057
compiled and reported in terms of average expenditure per pupil	1058
receiving the service in the school district as a whole and	1059
average expenditure per pupil receiving the service in each	1060
building in the school district and in terms of a total cost for	1061
each category of service and, as a breakdown of the total cost, a	1062
cost for each of the following components:	1063

(a) The cost of each support or extracurricular services	1064
category required by guidelines adopted under division (B)(1)(b)	1065
of this section that is provided directly to students by a	1066
licensed employee, such as services provided by a guidance	1067
counselor or any services provided by a licensed employee under a	1068
supplemental contract;	1069

(b) The cost of each such services category provided directly	1070
to students by a nonlicensed employee, such as janitorial	1071
services, cafeteria services, or services of a sports trainer;	1072

(c) The cost of the administrative services related to each	1073
services category in division (C)(4)(a) or (b) of this section,	1074
such as the cost of any licensed or nonlicensed employees that	1075
develop, supervise, coordinate, or otherwise are involved in	1076
administering or aiding the delivery of each services category.	1077

(D)(1) The guidelines adopted under this section shall	1078
require school districts to collect information about individual	1079
students, staff members, or both in connection with any data	1080
required by division (B) or (C) of this section or other reporting	1081
requirements established in the Revised Code. The guidelines may	1082
also require school districts to report information about	1083
individual staff members in connection with any data required by	1084
division (B) or (C) of this section or other reporting	1085
requirements established in the Revised Code. The guidelines shall	1086
not authorize school districts to request social security numbers	1087
of individual students. The guidelines shall prohibit the	1088
reporting under this section of a student's name, address, and	1089
social security number to the state board of education or the	1090
department of education. The guidelines shall also prohibit the	1091
reporting under this section of any personally identifiable	1092
information about any student, except for the purpose of assigning	1093
the data verification code required by division (D)(2) of this	1094
section, to any other person unless such person is employed by the	1095
school district or the information technology center operated	1096
under section 3301.075 of the Revised Code and is authorized by	1097
the district or technology center to have access to such	1098
information or is employed by an entity with which the department	1099
contracts for the scoring of tests administered under section	1100
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	1101
require school districts to provide the social security numbers of	1102
individual staff members.	1103

(2) The guidelines shall provide for each school district or	1104
community school to assign a data verification code that is unique	1105
on a statewide basis over time to each student whose initial Ohio	1106
enrollment is in that district or school and to report all	1107
required individual student data for that student utilizing such	1108
code. The guidelines shall also provide for assigning data	1109
verification codes to all students enrolled in districts or	1110
community schools on the effective date of the guidelines	1111
established under this section.	1112

Individual student data shall be reported to the department	1113
through the information technology centers utilizing the code but,	1114
except as provided in ~~section~~sections 3310.11 and 3310.63 of the	1115
Revised Code, at no time shall the state board or the department	1116
have access to information that would enable any data verification	1117
code to be matched to personally identifiable student data.	1118

Each school district shall ensure that the data verification	1119
code is included in the student's records reported to any	1120
subsequent school district or community school in which the	1121
student enrolls. Any such subsequent district or school shall	1122
utilize the same identifier in its reporting of data under this	1123
section.	1124

The director of health shall request and receive, pursuant to	1125
sections 3301.0723 and 3701.62 of the Revised Code, a data	1126
verification code for a child who is receiving services under	1127
division (A)(2) of section 3701.61 of the Revised Code.	1128

(E) The guidelines adopted under this section may require	1129
school districts to collect and report data, information, or	1130
reports other than that described in divisions (A), (B), and (C)	1131
of this section for the purpose of complying with other reporting	1132
requirements established in the Revised Code. The other data,	1133
information, or reports may be maintained in the education	1134
management information system but are not required to be compiled	1135
as part of the profile formats required under division (G) of this	1136
section or the annual statewide report required under division (H)	1137
of this section.	1138

(F) Beginning with the school year that begins July 1, 1991,	1139
the board of education of each school district shall annually	1140
collect and report to the state board, in accordance with the	1141
guidelines established by the board, the data required pursuant to	1142
this section. A school district may collect and report these data	1143
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	1144

(G) The state board shall, in accordance with the procedures	1145
it adopts, annually compile the data reported by each school	1146
district pursuant to division (D) of this section. The state board	1147
shall design formats for profiling each school district as a whole	1148
and each school building within each district and shall compile	1149
the data in accordance with these formats. These profile formats	1150
shall:	1151

(1) Include all of the data gathered under this section in a	1152
manner that facilitates comparison among school districts and	1153
among school buildings within each school district;	1154

(2) Present the data on academic achievement levels as	1155
assessed by the testing of student achievement maintained pursuant	1156
to division (B)(1)(d) of this section.	1157

(H)(1) The state board shall, in accordance with the	1158
procedures it adopts, annually prepare a statewide report for all	1159
school districts and the general public that includes the profile	1160
of each of the school districts developed pursuant to division (G)	1161
of this section. Copies of the report shall be sent to each school	1162
district.	1163

(2) The state board shall, in accordance with the procedures	1164
it adopts, annually prepare an individual report for each school	1165
district and the general public that includes the profiles of each	1166
of the school buildings in that school district developed pursuant	1167
to division (G) of this section. Copies of the report shall be	1168
sent to the superintendent of the district and to each member of	1169
the district board of education.	1170

(3) Copies of the reports received from the state board under	1171
divisions (H)(1) and (2) of this section shall be made available	1172
to the general public at each school district's offices. Each	1173
district board of education shall make copies of each report	1174
available to any person upon request and payment of a reasonable	1175
fee for the cost of reproducing the report. The board shall	1176
annually publish in a newspaper of general circulation in the	1177
school district, at least twice during the two weeks prior to the	1178
week in which the reports will first be available, a notice	1179
containing the address where the reports are available and the	1180
date on which the reports will be available.	1181

(I) Any data that is collected or maintained pursuant to this	1182
section and that identifies an individual pupil is not a public	1183
record for the purposes of section 149.43 of the Revised Code.	1184

(J) As used in this section:

1185

(1) "School district" means any city, local, exempted	1186
village, or joint vocational school district and, in accordance	1187
with section 3314.17 of the Revised Code, any community school. As	1188
used in division (L) of this section, "school district" also	1189
includes any educational service center or other educational	1190
entity required to submit data using the system established under	1191
this section.	1192

(2) "Cost" means any expenditure for operating expenses made	1193
by a school district excluding any expenditures for debt	1194
retirement except for payments made to any commercial lending	1195
institution for any loan approved pursuant to section 3313.483 of	1196
the Revised Code.	1197

(K) Any person who removes data from the information system	1198
established under this section for the purpose of releasing it to	1199
any person not entitled under law to have access to such	1200
information is subject to section 2913.42 of the Revised Code	1201
prohibiting tampering with data.	1202

(L)(1) In accordance with division (L)(2) of this section and	1203
the rules adopted under division (L)(10) of this section, the	1204
department of education may sanction any school district that	1205
reports incomplete or inaccurate data, reports data that does not	1206
conform to data requirements and descriptions published by the	1207
department, fails to report data in a timely manner, or otherwise	1208
does not make a good faith effort to report data as required by	1209
this section.	1210

(2) If the department decides to sanction a school district	1211
under this division, the department shall take the following	1212
sequential actions:	1213

(a) Notify the district in writing that the department has	1214
determined that data has not been reported as required under this	1215
section and require the district to review its data submission and	1216
submit corrected data by a deadline established by the department.	1217
The department also may require the district to develop a	1218
corrective action plan, which shall include provisions for the	1219
district to provide mandatory staff training on data reporting	1220
procedures.	1221

(b) Withhold up to ten per cent of the total amount of state	1222
funds due to the district for the current fiscal year and, if not	1223
previously required under division (L)(2)(a) of this section,	1224
require the district to develop a corrective action plan in	1225
accordance with that division;	1226

(c) Withhold an additional amount of up to twenty per cent of	1227
the total amount of state funds due to the district for the	1228
current fiscal year;	1229

(d) Direct department staff or an outside entity to	1230
investigate the district's data reporting practices and make	1231
recommendations for subsequent actions. The recommendations may	1232
include one or more of the following actions:	1233

(i) Arrange for an audit of the district's data reporting	1234
practices by department staff or an outside entity;	1235

(ii) Conduct a site visit and evaluation of the district;

1236

(iii) Withhold an additional amount of up to thirty per cent	1237
of the total amount of state funds due to the district for the	1238
current fiscal year;	1239

(iv) Continue monitoring the district's data reporting;

1240

(v) Assign department staff to supervise the district's data	1241
management system;	1242

(vi) Conduct an investigation to determine whether to suspend	1243
or revoke the license of any district employee in accordance with	1244
division (N) of this section;	1245

(vii) If the district is issued a report card under section	1246
3302.03 of the Revised Code, indicate on the report card that the	1247
district has been sanctioned for failing to report data as	1248
required by this section;	1249

(viii) If the district is issued a report card under section	1250
3302.03 of the Revised Code and incomplete or inaccurate data	1251
submitted by the district likely caused the district to receive a	1252
higher performance rating than it deserved under that section,	1253
issue a revised report card for the district;	1254

(ix) Any other action designed to correct the district's data	1255
reporting problems.	1256

(3) Any time the department takes an action against a school	1257
district under division (L)(2) of this section, the department	1258
shall make a report of the circumstances that prompted the action.	1259
The department shall send a copy of the report to the district	1260
superintendent or chief administrator and maintain a copy of the	1261
report in its files.	1262

(4) If any action taken under division (L)(2) of this section	1263
resolves a school district's data reporting problems to the	1264
department's satisfaction, the department shall not take any	1265
further actions described by that division. If the department	1266
withheld funds from the district under that division, the	1267
department may release those funds to the district, except that if	1268
the department withheld funding under division (L)(2)(c) of this	1269
section, the department shall not release the funds withheld under	1270
division (L)(2)(b) of this section and, if the department withheld	1271
funding under division (L)(2)(d) of this section, the department	1272
shall not release the funds withheld under division (L)(2)(b) or	1273
(c) of this section.	1274

(5) Notwithstanding anything in this section to the contrary,	1275
the department may use its own staff or an outside entity to	1276
conduct an audit of a school district's data reporting practices	1277
any time the department has reason to believe the district has not	1278
made a good faith effort to report data as required by this	1279
section. If any audit conducted by an outside entity under	1280
division (L)(2)(d)(i) or (5) of this section confirms that a	1281
district has not made a good faith effort to report data as	1282
required by this section, the district shall reimburse the	1283
department for the full cost of the audit. The department may	1284
withhold state funds due to the district for this purpose.	1285

(6) Prior to issuing a revised report card for a school	1286
district under division (L)(2)(d)(viii) of this section, the	1287
department may hold a hearing to provide the district with an	1288
opportunity to demonstrate that it made a good faith effort to	1289
report data as required by this section. The hearing shall be	1290
conducted by a referee appointed by the department. Based on the	1291
information provided in the hearing, the referee shall recommend	1292
whether the department should issue a revised report card for the	1293
district. If the referee affirms the department's contention that	1294
the district did not make a good faith effort to report data as	1295
required by this section, the district shall bear the full cost of	1296
conducting the hearing and of issuing any revised report card.	1297

(7) If the department determines that any inaccurate data	1298
reported under this section caused a school district to receive	1299
excess state funds in any fiscal year, the district shall	1300
reimburse the department an amount equal to the excess funds, in	1301
accordance with a payment schedule determined by the department.	1302
The department may withhold state funds due to the district for	1303
this purpose.	1304

(8) Any school district that has funds withheld under	1305
division (L)(2) of this section may appeal the withholding in	1306
accordance with Chapter 119. of the Revised Code.	1307

(9) In all cases of a disagreement between the department and	1308
a school district regarding the appropriateness of an action taken	1309
under division (L)(2) of this section, the burden of proof shall	1310
be on the district to demonstrate that it made a good faith effort	1311
to report data as required by this section.	1312

(10) The state board of education shall adopt rules under	1313
Chapter 119. of the Revised Code to implement division (L) of this	1314
section.	1315

(M) No information technology center or school district shall	1316
acquire, change, or update its student administration software	1317
package to manage and report data required to be reported to the	1318
department unless it converts to a student software package that	1319
is certified by the department.	1320

(N) The state board of education, in accordance with sections	1321
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1322
license as defined under division (A) of section 3319.31 of the	1323
Revised Code that has been issued to any school district employee	1324
found to have willfully reported erroneous, inaccurate, or	1325
incomplete data to the education management information system.	1326

(O) No person shall release or maintain any information about	1327
any student in violation of this section. Whoever violates this	1328
division is guilty of a misdemeanor of the fourth degree.	1329

(P) The department shall disaggregate the data collected	1330
under division (B)(1)(o) of this section according to the race and	1331
socioeconomic status of the students assessed. No data collected	1332
under that division shall be included on the report cards required	1333
by section 3302.03 of the Revised Code.	1334

(Q) If the department cannot compile any of the information	1335
required by division (C)(5) of section 3302.03 of the Revised Code	1336
based upon the data collected under this section, the department	1337
shall develop a plan and a reasonable timeline for the collection	1338
of any data necessary to comply with that division.	1339

Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the	1340
Revised Code:	1341

(A) "Alternative public provider" means either of the	1342
following providers that agrees to enroll a child in the	1343
provider's special education program to implement the child's	1344
individualized education program and to which the eligible	1345
applicant owes fees for the services provided to the child:	1346

(1) A school district that is not the school district in	1347
which the child is entitled to attend school or the child's school	1348
district of residence, if different;	1349

(2) A public entity other than a school district.

1350

(B) "Applicable special education weight" means the multiple	1351
specified in section 3317.013 of the Revised Code for a disability	1352
described in that section.	1353

(C) "Category one through six special education ADM" means	1354
the respective categories prescribed in divisions (F)(1) to (6) of	1355
section 3317.02 of the Revised Code.	1356

(D) "Child with a disability" and "individualized education	1357
program" have the same meanings as in section 3323.01 of the	1358
Revised Code.	1359

(E) "Eligible applicant" means any of the following:

1360

(1) Either of the natural or adoptive parents of a qualified	1361
special education child, except as otherwise specified in this	1362
division. When the marriage of the natural or adoptive parents of	1363
the student has been terminated by a divorce, dissolution of	1364
marriage, or annulment, or when the natural or adoptive parents of	1365
the student are living separate and apart under a legal separation	1366
decree, and a court has issued an order allocating the parental	1367
rights and responsibilities with respect to the child, "eligible	1368
applicant" means the residential parent as designated by the	1369
court. If the court issues a shared parenting decree, "eligible	1370
applicant" means either parent. "Eligible applicant" does not mean	1371
a parent whose custodial rights have been terminated.	1372

(2) The custodian of a qualified special education child,	1373
when a court has granted temporary, legal, or permanent custody of	1374
the child to an individual other than either of the natural or	1375
adoptive parents of the child or to a government agency;	1376

(3) The guardian of a qualified special education child, when	1377
a court has appointed a guardian for the child;	1378

(4) The grandparent of a qualified special education child,	1379
when the grandparent is the child's attorney in fact under a power	1380
of attorney executed under sections 3109.51 to 3109.62 of the	1381
Revised Code or when the grandparent has executed a caregiver	1382
authorization affidavit under sections 3109.65 to 3109.73 of the	1383
Revised Code;	1384

(5) The surrogate parent appointed for a qualified special	1385
education child pursuant to division (B) of section 3323.05 and	1386
section 3323.051 of the Revised Code;	1387

(6) A qualified special education child, if the child does	1388
not have a custodian or guardian and the child is at least	1389
eighteen years of age.	1390

(F) "Entitled to attend school" means entitled to attend	1391
school in a school district under sections 3313.64 and 3313.65 of	1392
the Revised Code.	1393

(G) "Formula ADM" and "formula amount" have the same meanings	1394
as in section 3317.02 of the Revised Code.	1395

(H) "Qualified special education child" is a child for whom	1396
all of the following conditions apply:	1397

(1) The child is at least five years of age and less than	1398
twenty-two years of age;	1399

(2) The school district in which the child is entitled to	1400
attend school, or the child's school district of residence if	1401
different, has identified the child as a child with a disability;	1402

(3) The school district in which the child is entitled to	1403
attend school, or the child's school district of residence if	1404
different, has developed an individualized education program under	1405
Chapter 3323. of the Revised Code for the child;	1406

(4) The child either:

1407

(a) Was enrolled in the schools of the school district in	1408
which the child is entitled to attend school in any grade from	1409
kindergarten through twelve in the school year prior to the school	1410
year in which a scholarship is first sought for the child;	1411

(b) Is eligible to enter school in any grade kindergarten	1412
through twelve in the school district in which the child is	1413
entitled to attend school in the school year in which a	1414
scholarship is first sought for the child.	1415

(5) The department of education has not approved a	1416
scholarship for the child under the autism scholarship program	1417
under section 3310.41 of the Revised Code for the same school year	1418
in which a scholarship under the special education scholarship	1419
pilot program is sought.	1420

(I) "Registered private provider" means a nonpublic school or	1421
other nonpublic entity that has been registered by the	1422
superintendent of public instruction under section 3310.58 of the	1423
Revised Code.	1424

(J) "Scholarship" means a scholarship awarded under the	1425
special education scholarship pilot program pursuant to sections	1426
3310.51 to 3310.64 of the Revised Code.	1427

(K) "School district of residence" has the same meaning as in	1428
section 3323.01 of the Revised Code. A community school	1429
established under Chapter 3314. of the Revised Code is not a	1430
"school district of residence" for purposes of sections 3310.51 to	1431
3310.64 of the Revised Code.	1432

(L) "School year" has the same meaning as in section 3313.62	1433
of the Revised Code.	1434

(M) "Special education program" means a school or facility	1435
that provides special education and related services to children	1436
with disabilities.	1437

Sec. 3310.52. (A) The special education scholarship pilot	1438
program is hereby established. Under the program, in fiscal years	1439
2010 through 2015, subject to division (B) of this section, the	1440
department of education annually shall pay a scholarship to an	1441
eligible applicant for services provided by an alternative public	1442
provider or a registered private provider for a qualified special	1443
education child. The scholarship shall be used only to pay all or	1444
part of the fees for the child to attend the special education	1445
program operated by the alternative public provider or registered	1446
private provider to implement the child's individualized	1447
education program in lieu of the child's attending the special	1448
education program operated by the school district in which the	1449
child is entitled to attend school.	1450

(B) The number of scholarships awarded under the pilot	1451
program in any fiscal year shall not exceed three per cent of the	1452
total number of students residing in the state identified as	1453
children with disabilities during the previous fiscal year.	1454

(C) No scholarship or renewal of a scholarship shall be	1455
awarded to an eligible applicant on behalf of a qualified special	1456
education child for the next school year, unless on or before the	1457
fifteenth day of April the eligible applicant completes the	1458
application for the scholarship or renewal, in the manner	1459
prescribed by the department, and notifies the school district in	1460
which the child is entitled to attend school that the eligible	1461
applicant has applied for the scholarship or renewal.	1462

Sec. 3310.53. (A) Except for development of the child's	1463
individualized education program, as specified in division (B) of	1464
this section, the school district in which a qualified special	1465
education child is entitled to attend school and the child's	1466
school district of residence, if different, are not obligated to	1467
provide the child with a free appropriate public education under	1468
Chapter 3323. of the Revised Code for as long as the child	1469
continues to attend the special education program operated by	1470
either an alternative public provider or a registered private	1471
provider for which a scholarship is awarded under the special	1472
education scholarship pilot program. If at any time, the eligible	1473
applicant for the child decides no longer to accept scholarship	1474
payments and enrolls the child in the special education program of	1475
the school district in which the child is entitled to attend	1476
school, that district shall provide the child with a free	1477
appropriate public education under Chapter 3323. of the Revised	1478
Code.	1479

(B) Each eligible applicant and each qualified special	1480
education child have a continuing right to the development of an	1481
individualized education program for the child that complies with	1482
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and	1483
administrative rules or guidelines adopted by the Ohio department	1484
of education or the United States department of education. The	1485
school district in which a qualified special education child is	1486
entitled to attend school, or the child's school district of	1487
residence if different, shall develop each individualized	1488
education program for the child in accordance with those	1489
provisions.	1490

(C) Each school district shall notify an eligible applicant	1491
of the applicant's and qualified special education child's rights	1492
under sections 3310.51 to 3310.64 of the Revised Code by providing	1493
to each eligible applicant the comparison document prescribed in	1494
section 3323.052 of the Revised Code. An eligible applicant's	1495
receipt of that document, as acknowledged in a format prescribed	1496
by the department of education, shall constitute notice that the	1497
eligible applicant has been informed of those rights. Upon receipt	1498
of that document, subsequent acceptance of a scholarship	1499
constitutes the eligible applicant's informed consent to the	1500
provisions of sections 3310.51 to 3310.64 of the Revised Code.	1501

Sec. 3310.54. As prescribed in divisions (A)(2)(h),	1502
(B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised	1503
Code, a qualified special education child in any of grades	1504
kindergarten through twelve for whom a scholarship is awarded	1505
under the special education scholarship pilot program shall be	1506
counted in the formula ADM and category one through six special	1507
education ADM, as appropriate, of the school district in which the	1508
child is entitled to attend school. A qualified special education	1509
child shall not be counted in the formula ADM or category one	1510
through six special education ADM of any other school district.	1511

Sec. 3310.55. The department of education shall deduct from	1512
a school district's state education aid, as defined in section	1513
3317.02 of the Revised Code, and, if necessary, from its payment	1514
under sections 321.24 and 323.156 of the Revised Code, the	1515
aggregate amount of scholarships paid under section 3310.57 of the	1516
Revised Code for qualified special education children included in	1517
the formula ADM and the category one through six special education	1518
ADM of that school district.	1519

Sec. 3310.56. The amount of the scholarship awarded and paid	1520
to an eligible applicant for services for a qualified special	1521
education child under the special education scholarship pilot	1522
program in each school year shall be the least of the following:	1523

(A) The amount of fees charged for that school year by the	1524
alternative public provider or registered private provider;	1525

(B) The sum of the amounts calculated under divisions (B)(1)	1526
and (2) of this section:	1527

(1) The sum of the formula amount plus the per pupil amount	1528
of the base funding supplements specified in divisions (C)(1) to	1529
(4) of section 3317.012 of the Revised Code;	1530

(2) The formula amount times the applicable special education	1531
weight for the child's disability;	1532

1533

Sec. 3310.57. The department of education shall make	1534
periodic payments to an eligible applicant for services for each	1535
qualified special education child for whom a scholarship has been	1536
awarded. The total of all payments made to an applicant in each	1537
school year shall not exceed the amount calculated for the child	1538
under section 3310.56 of the Revised Code.	1539

The scholarship amount shall be proportionately reduced in	1540
the case of a child who is not enrolled in the special education	1541
program of an alternative public provider or a registered private	1542
provider for the entire school year.	1543

In accordance with division (A) of section 3310.62 of the	1544
Revised Code, the department shall make no payments to an	1545
applicant for a first-time scholarship for a qualified special	1546
education child while any administrative or judicial mediation or	1547
proceedings with respect to the content of the child's	1548
individualized education program are pending.	1549

Sec. 3310.58. No nonpublic school or entity shall receive	1550
payments from an eligible applicant for services for a qualified	1551
special education child under the special education scholarship	1552
pilot program until the school or entity registers with the	1553
superintendent of public instruction. The superintendent shall	1554
register and designate as a registered private provider any	1555
nonpublic school or entity that meets the following requirements:	1556

(A) The special education program operated by the school or	1557
entity meets the minimum education standards established by the	1558
state board of education.	1559

(B) The school or entity complies with the antidiscrimination	1560
provisions of 42 U.S.C. 2000d, regardless of whether the school or	1561
entity receives federal financial assistance.	1562

(C) If the school or entity is not chartered by the state	1563
board under section 3301.16 of the Revised Code, the school or	1564
entity agrees to comply with section 3319.39 of the Revised Code	1565
as if it were a school district.	1566

(D) The teaching and nonteaching professionals employed by	1567
the school or entity, or employed by any subcontractors of the	1568
school or entity, hold credentials determined by the state board	1569
to be appropriate for the qualified special education children	1570
enrolled in the special education program it operates.	1571

(E) The school or entity meets applicable health and safety	1572
standards established by law for school buildings.	1573

(F) The school or entity agrees to retain on file	1574
documentation as required by the department of education.	1575

(G) The school or entity demonstrates fiscal soundness to the	1576
satisfaction of the department.	1577

(H) The school or entity agrees to meet other requirements	1578
established by rule of the state board under section 3310.63 of	1579
the Revised Code.	1580

Sec. 3310.59. The superintendent of public instruction shall	1581
revoke the registration of any school or entity if, after a	1582
hearing, the superintendent determines that the school or entity	1583
is in violation of any provision of section 3310.58 of the Revised	1584
Code.	1585

Sec. 3310.60. A qualified special education child attending	1586
a special education program at an alternative public provider or a	1587
registered private provider with a scholarship shall be entitled	1588
to transportation to and from that program in the manner	1589
prescribed by law for any child with a disability attending a	1590
nonpublic special education program.	1591

Sec. 3310.61. An eligible applicant on behalf of a child who	1592
currently attends a public special education program under a	1593
contract, compact, or other bilateral agreement, or on behalf of a	1594
child who currently attends a community school, shall not be	1595
prohibited from applying for and accepting a scholarship so that	1596
the applicant may withdraw the child from that program or	1597
community school and use the scholarship for the child to attend a	1598
special education program operated by an alternative public	1599
provider or a registered private provider.	1600

Sec. 3310.62. (A) A scholarship under the special education	1601
scholarship pilot program shall not be awarded for the first time	1602
to an eligible applicant on behalf of a qualified special	1603
education child while the child's individualized education program	1604
is being developed by the school district in which the child is	1605
entitled to attend school, or by the child's school district of	1606
residence if different, or while any administrative or judicial	1607
mediation or proceedings with respect to the content of that	1608
individualized education program are pending.	1609

(B) Development of individualized education programs	1610
subsequent to the one developed for the child the first time a	1611
scholarship was awarded on behalf of the child and the	1612
prosecuting, by the eligible applicant on behalf of the child, of	1613
administrative or judicial mediation or proceedings with respect	1614
to any of those subsequent individualized education programs do	1615
not affect the applicant's and the child's continued eligibility	1616
for scholarship payments.	1617

(C) In the case of any child for whom a scholarship has been	1618
awarded, if the school district in which the child is entitled to	1619
attend school has agreed to provide some services for the child	1620
under an agreement entered into with the eligible applicant or	1621
with the alternative public provider or registered private	1622
provider implementing the child's individualized education	1623
program, or if the district is required by law to provide some	1624
services for the child, including transportation services under	1625
sections 3310.60 and 3327.01 of the Revised Code, the district	1626
shall not discontinue the services it is providing pending	1627
completion of any administrative proceedings regarding those	1628
services. The prosecuting, by the eligible applicant on behalf of	1629
the child, of administrative proceedings regarding the services	1630
provided by the district does not affect the applicant's and the	1631
child's continued eligibility for scholarship payments.	1632

(D) The department of education shall continue to make	1633
payments to the eligible applicant under section 3310.57 of the	1634
Revised Code while either of the following are pending:	1635

(1) Administrative or judicial mediation or proceedings with	1636
respect to a subsequent individualized education program for the	1637
child referred to in division (B) of this section;	1638

(2) Administrative proceedings regarding services provided by	1639
the district under division (C) of this section.	1640

Sec. 3310.63. (A) Only for the purpose of administering the	1641
special education scholarship pilot program, the department of	1642
education may request from any of the following entities the data	1643
verification code assigned under division (D)(2) of section	1644
3301.0714 of the Revised Code to any qualified special education	1645
child for whom a scholarship is sought under the program:	1646

(1) The school district in which the child is entitled to	1647
attend school;	1648

(2) If applicable, the community school in which the child is	1649
enrolled;	1650

(3) The independent contractor engaged to create and maintain	1651
data verification codes.	1652

(B) Upon a request by the department under division (A) of	1653
this section for the data verification code of a qualified special	1654
education child or a request by the eligible applicant for the	1655
child for that code, the school district or community school	1656
shall submit that code to the department or applicant in the	1657
manner specified by the department. If the child has not been	1658
assigned a code, because the child will be entering kindergarten	1659
during the school year for which the scholarship is sought, the	1660
district shall assign a code to that child and submit the code to	1661
the department or applicant by a date specified by the	1662
department. If the district does not assign a code to the child	1663
by the specified date, the department shall assign a code to the	1664
child.	1665

The department annually shall submit to each school district	1666
the name and data verification code of each child residing in the	1667
district who is entering kindergarten, who has been awarded a	1668
scholarship under the program, and for whom the department has	1669
assigned a code under this division.	1670

(C) The department shall not release any data verification	1671
code that it receives under this section to any person except as	1672
provided by law.	1673

(D) Any document relative to the special education	1674
scholarship pilot program that the department holds in its files	1675
that contains both a qualified special education child's name or	1676
other personally identifiable information and the child's data	1677
verification code shall not be a public record under section	1678
149.43 of the Revised Code.	1679

Sec. 3310.64. The state board of education shall adopt rules	1680
in accordance with Chapter 119. of the Revised Code prescribing	1681
procedures necessary to implement sections 3310.51 to 3310.62 of	1682
the Revised Code including, but not limited to, procedures for	1683
parents to apply for scholarships, standards for registered	1684
private providers, and procedures for registration of private	1685
providers.	1686

Sec. 3317.022. (A)(1) The department of education shall	1687
compute and distribute state base cost funding to each eligible	1688
school district for the fiscal year, using the information	1689
obtained under section 3317.021 of the Revised Code in the	1690
calendar year in which the fiscal year begins, according to the	1691
following formula:	1692

{[the formula amount X (formula ADM +	1693

preschool scholarship ADM)] +	1694

the sum of the base funding supplements	1695

prescribed in divisions (C)(1) to (4)	1696

of section 3317.012 of the Revised Code} -	1697

[.023 x (the sum of recognized valuation	1698

and property exemption value)] +	1699

the amounts calculated for the district under	1700

sections 3317.029 and 3317.0217 of the Revised Code	1701

If the difference obtained is a negative number, the	1702
district's computation shall be zero.	1703

(2)(a) For each school district for which the tax exempt	1704
value of the district equals or exceeds twenty-five per cent of	1705
the potential value of the district, the department of education	1706
shall calculate the difference between the district's tax exempt	1707
value and twenty-five per cent of the district's potential value.	1708

(b) For each school district to which division (A)(2)(a) of	1709
this section applies, the department shall adjust the recognized	1710
valuation used in the calculation under division (A)(1) of this	1711
section by subtracting from it the amount calculated under	1712
division (A)(2)(a) of this section.	1713

(B) As used in this section:

1714

(1) The "total special education weight" for a district means	1715
the sum of the following amounts:	1716

(a) The district's category one special education ADM	1717
multiplied by the multiple specified in division (A) of section	1718
3317.013 of the Revised Code;	1719

(b) The district's category two special education ADM	1720
multiplied by the multiple specified in division (B) of section	1721
3317.013 of the Revised Code;	1722

(c) The district's category three special education ADM	1723
multiplied by the multiple specified in division (C) of section	1724
3317.013 of the Revised Code;	1725

(d) The district's category four special education ADM	1726
multiplied by the multiple specified in division (D) of section	1727
3317.013 of the Revised Code;	1728

(e) The district's category five special education ADM	1729
multiplied by the multiple specified in division (E) of section	1730
3317.013 of the Revised Code;	1731

(f) The district's category six special education ADM	1732
multiplied by the multiple specified in division (F) of section	1733
3317.013 of the Revised Code.	1734

(2) "State share percentage" means the percentage calculated	1735
for a district as follows:	1736

(a) Calculate the state base cost funding amount for the	1737
district for the fiscal year under division (A) of this section.	1738
If the district would not receive any state base cost funding for	1739
that year under that division, the district's state share	1740
percentage is zero.	1741

(b) If the district would receive state base cost funding	1742
under that division, divide that amount by an amount equal to the	1743
following:	1744

(the formula amount X formula ADM) +	1745

the sum of the base funding supplements	1746

prescribed in divisions (C)(1) to (4)	1747

of section 3317.012 of the Revised Code +	1748

the sum of the amounts calculated for the district under	1749

sections 3317.029 and 3317.0217 of the Revised Code	1750

The resultant number is the district's state share	1751
percentage.	1752

(3) "Related services" includes:

1753

(a) Child study, special education supervisors and	1754
coordinators, speech and hearing services, adaptive physical	1755
development services, occupational or physical therapy, teacher	1756
assistants for children with disabilities whose disabilities are	1757
described in division (B) of section 3317.013 or division (F)(3)	1758
of section 3317.02 of the Revised Code, behavioral intervention,	1759
interpreter services, work study, nursing services, and	1760
specialized integrative services as those terms are defined by	1761
the department;	1762

(b) Speech and language services provided to any student with	1763
a disability, including any student whose primary or only	1764
disability is a speech and language disability;	1765

(c) Any related service not specifically covered by other	1766
state funds but specified in federal law, including but not	1767
limited to, audiology and school psychological services;	1768

(d) Any service included in units funded under former	1769
division (O)(1) of section 3317.024 of the Revised Code;	1770

(e) Any other related service needed by children with	1771
disabilities in accordance with their individualized education	1772
programs.	1773

(4) The "total vocational education weight" for a district	1774
means the sum of the following amounts:	1775

(a) The district's category one vocational education ADM	1776
multiplied by the multiple specified in division (A) of section	1777
3317.014 of the Revised Code;	1778

(b) The district's category two vocational education ADM	1779
multiplied by the multiple specified in division (B) of section	1780
3317.014 of the Revised Code.	1781

(5) "Preschool scholarship ADM" means the number of	1782
preschool children with disabilities reported under division	1783
(B)(3)(h) of section 3317.03 of the Revised Code.	1784

(C)(1) The department shall compute and distribute state	1785
special education and related services additional weighted costs	1786
funds to each school district in accordance with the following	1787
formula:	1788

The district's state share percentage X	1789

the formula amount for the year for which	1790

the aid is calculated X the district's	1791

total special education weight	1792

(2) The attributed local share of special education and	1793
related services additional weighted costs equals:	1794

(1 - the district's state share percentage) X the district's	1795

total special education weight X the formula amount	1796

(3)(a) The department shall compute and pay in accordance	1797
with this division additional state aid to school districts for	1798
students in categories two through six special education ADM. If a	1799
district's costs for the fiscal year for a student in its	1800
categories two through six special education ADM exceed the	1801
threshold catastrophic cost for serving the student, the district	1802
may submit to the superintendent of public instruction	1803
documentation, as prescribed by the superintendent, of all its	1804
costs for that student. Upon submission of documentation for a	1805
student of the type and in the manner prescribed, the department	1806
shall pay to the district an amount equal to the sum of the	1807
following:	1808

(i) One-half of the district's costs for the student in	1809
excess of the threshold catastrophic cost;	1810

(ii) The product of one-half of the district's costs for the	1811
student in excess of the threshold catastrophic cost multiplied by	1812
the district's state share percentage.	1813

(b) For purposes of division (C)(3)(a) of this section, the	1814
threshold catastrophic cost for serving a student equals:	1815

(i) For a student in the school district's category two,	1816
three, four, or five special education ADM, twenty-seven thousand	1817
three hundred seventy-five dollars in fiscal years 2008 and 2009;	1818

(ii) For a student in the district's category six special	1819
education ADM, thirty-two thousand eight hundred fifty dollars in	1820
fiscal years 2008 and 2009.	1821

(c) The district shall only report under division (C)(3)(a)	1822
of this section, and the department shall only pay for, the costs	1823
of educational expenses and the related services provided to the	1824
student in accordance with the student's individualized education	1825
program. Any legal fees, court costs, or other costs associated	1826
with any cause of action relating to the student may not be	1827
included in the amount.	1828

(4)(a) As used in this division, the "personnel allowance"	1829
means thirty thousand dollars in fiscal years 2008 and 2009.	1830

(b) For the provision of speech language pathology services	1831
to students, including students who do not have individualized	1832
education programs prepared for them under Chapter 3323. of the	1833
Revised Code, and for no other purpose, the department of	1834
education shall pay each school district an amount calculated	1835
under the following formula:	1836

(formula ADM divided by 2000) X	1837

the personnel allowance X	1838

the state share percentage	1839

(5) In any fiscal year, a school district shall spend for	1840
purposes that the department designates as approved for special	1841
education and related services expenses at least the amount	1842
calculated as follows:	1843

(formula amount X the sum of categories	1844

one through six special education ADM) +	1845

(total special education weight X formula amount)	1846

The purposes approved by the department for special education	1847
expenses shall include, but shall not be limited to,	1848
identification of children with disabilities, compliance with	1849
state rules governing the education of children with disabilities	1850
and prescribing the continuum of program options for children	1851
with disabilities, provision of speech language pathology	1852
services, and the portion of the school district's overall	1853
administrative and overhead costs that are attributable to the	1854
district's special education student population.	1855

The scholarships deducted from the school district's account	1856
under section 3310.41 or 3310.55 of the Revised Code shall be	1857
considered to be an approved special education and related	1858
services expense for the purpose of the school district's	1859
compliance with division (C)(5) of this section.	1860

The department shall require school districts to report data	1861
annually to allow for monitoring compliance with division (C)(5)	1862
of this section. The department shall annually report to the	1863
governor and the general assembly the amount of money spent by	1864
each school district for special education and related services.	1865

(6) In any fiscal year, a school district shall spend for the	1866
provision of speech language pathology services not less than the	1867
sum of the amount calculated under division (C)(1) of this section	1868
for the students in the district's category one special education	1869
ADM and the amount calculated under division (C)(4) of this	1870
section.	1871

The scholarships deducted from the school district's account	1872
under section 3310.55 of the Revised Code for students counted in	1873
the district's category one special education ADM shall be	1874
considered to be an approved speech language pathology services	1875
expense for the purpose of the school district's compliance with	1876
division (C)(6) of this section.	1877

(D)(1) As used in this division:

1878

(a) "Daily bus miles per student" equals the number of bus	1879
miles traveled per day, divided by transportation base.	1880

(b) "Transportation base" equals total student count as	1881
defined in section 3301.011 of the Revised Code, minus the number	1882
of students enrolled in units for preschool children with	1883
disabilities, plus the number of nonpublic school students	1884
included in transportation ADM.	1885

(c) "Transported student percentage" equals transportation	1886
ADM divided by transportation base.	1887

(d) "Transportation cost per student" equals total operating	1888
costs for board-owned or contractor-operated school buses divided	1889
by transportation base.	1890

(2) Analysis of student transportation cost data has resulted	1891
in a finding that an average efficient transportation use cost per	1892
student can be calculated by means of a regression formula that	1893
has as its two independent variables the number of daily bus miles	1894
per student and the transported student percentage. For fiscal	1895
year 1998 transportation cost data, the average efficient	1896
transportation use cost per student is expressed as follows:	1897

51.79027 + (139.62626 X daily bus miles per student) +	1898

(116.25573 X transported student percentage)	1899

The department of education shall annually determine the	1900
average efficient transportation use cost per student in	1901
accordance with the principles stated in division (D)(2) of this	1902
section, updating the intercept and regression coefficients of the	1903
regression formula modeled in this division, based on an annual	1904
statewide analysis of each school district's daily bus miles per	1905
student, transported student percentage, and transportation cost	1906
per student data. The department shall conduct the annual update	1907
using data, including daily bus miles per student, transported	1908
student percentage, and transportation cost per student data, from	1909
the prior fiscal year. The department shall notify the office of	1910
budget and management of such update by the fifteenth day of	1911
February of each year.	1912

(3) In addition to funds paid under divisions (A), (C), and	1913
(E) of this section, each district with a transported student	1914
percentage greater than zero shall receive a payment equal to a	1915
percentage of the product of the district's transportation base	1916
from the prior fiscal year times the annually updated average	1917
efficient transportation use cost per student, times an inflation	1918
factor of two and eight-tenths per cent to account for the	1919
one-year difference between the data used in updating the formula	1920
and calculating the payment and the year in which the payment is	1921
made. The percentage shall be the following percentage of that	1922
product specified for the corresponding fiscal year:	1923

FISCAL YEAR	PERCENTAGE	1924
2000	52.5%	1925
2001	55%	1926
2002	57.5%	1927
2003 and thereafter	The greater of 60% or the district's state share percentage	1928

The payments made under division (D)(3) of this section each	1929
year shall be calculated based on all of the same prior year's	1930
data used to update the formula.	1931

(4) In addition to funds paid under divisions (D)(2) and (3)	1932
of this section, a school district shall receive a rough road	1933
subsidy if both of the following apply:	1934

(a) Its county rough road percentage is higher than the	1935
statewide rough road percentage, as those terms are defined in	1936
division (D)(5) of this section;	1937

(b) Its district student density is lower than the statewide	1938
student density, as those terms are defined in that division.	1939

(5) The rough road subsidy paid to each district meeting the	1940
qualifications of division (D)(4) of this section shall be	1941
calculated in accordance with the following formula:	1942

(per rough mile subsidy X total rough road miles)	1943

X density multiplier	1944

where:

1945

(a) "Per rough mile subsidy" equals the amount calculated in	1946
accordance with the following formula:	1947

0.75 - {0.75 X [(maximum rough road percentage -	1948

county rough road percentage)/(maximum rough road	1949

percentage - statewide rough road percentage)]}	1950

(i) "Maximum rough road percentage" means the highest county	1951
rough road percentage in the state.	1952

(ii) "County rough road percentage" equals the percentage of	1953
the mileage of state, municipal, county, and township roads that	1954
is rated by the department of transportation as type A, B, C, E2,	1955
or F in the county in which the school district is located or, if	1956
the district is located in more than one county, the county to	1957
which it is assigned for purposes of determining its	1958
cost-of-doing-business factor.	1959

(iii) "Statewide rough road percentage" means the percentage	1960
of the statewide total mileage of state, municipal, county, and	1961
township roads that is rated as type A, B, C, E2, or F by the	1962
department of transportation.	1963

(b) "Total rough road miles" means a school district's total	1964
bus miles traveled in one year times its county rough road	1965
percentage.	1966

(c) "Density multiplier" means a figure calculated in	1967
accordance with the following formula:	1968

1 - [(minimum student density - district student	1969

density)/(minimum student density -	1970

statewide student density)]	1971

(i) "Minimum student density" means the lowest district	1972
student density in the state.	1973

(ii) "District student density" means a school district's	1974
transportation base divided by the number of square miles in the	1975
district.	1976

(iii) "Statewide student density" means the sum of the	1977
transportation bases for all school districts divided by the sum	1978
of the square miles in all school districts.	1979

(6) In addition to funds paid under divisions (D)(2) to (5)	1980
of this section, each district shall receive in accordance with	1981
rules adopted by the state board of education a payment for	1982
students transported by means other than board-owned or	1983
contractor-operated buses and whose transportation is not funded	1984
under division (G) of section 3317.024 of the Revised Code. The	1985
rules shall include provisions for school district reporting of	1986
such students.	1987

(E)(1) The department shall compute and distribute state	1988
vocational education additional weighted costs funds to each	1989
school district in accordance with the following formula:	1990

state share percentage X	1991

the formula amount X	1992

total vocational education weight	1993

In any fiscal year, a school district receiving funds under	1994
division (E)(1) of this section shall spend those funds only for	1995
the purposes that the department designates as approved for	1996
vocational education expenses. Vocational educational expenses	1997
approved by the department shall include only expenses connected	1998
to the delivery of career-technical programming to	1999
career-technical students. The department shall require the school	2000
district to report data annually so that the department may	2001
monitor the district's compliance with the requirements regarding	2002
the manner in which funding received under division (E)(1) of this	2003
section may be spent.	2004

(2) The department shall compute for each school district	2005
state funds for vocational education associated services in	2006
accordance with the following formula:	2007

state share percentage X .05 X the formula amount X	2008

the sum of categories one and two vocational education ADM	2009

In any fiscal year, a school district receiving funds under	2010
division (E)(2) of this section, or through a transfer of funds	2011
pursuant to division (L) of section 3317.023 of the Revised Code,	2012
shall spend those funds only for the purposes that the department	2013
designates as approved for vocational education associated	2014
services expenses, which may include such purposes as	2015
apprenticeship coordinators, coordinators for other vocational	2016
education services, vocational evaluation, and other purposes	2017
designated by the department. The department may deny payment	2018
under division (E)(2) of this section to any district that the	2019
department determines is not operating those services or is using	2020
funds paid under division (E)(2) of this section, or through a	2021
transfer of funds pursuant to division (L) of section 3317.023 of	2022
the Revised Code, for other purposes.	2023

(F) The actual local share in any fiscal year for the	2024
combination of special education and related services additional	2025
weighted costs funding calculated under division (C)(1) of this	2026
section, transportation funding calculated under divisions (D)(2)	2027
and (3) of this section, and vocational education and associated	2028
services additional weighted costs funding calculated under	2029
divisions (E)(1) and (2) of this section shall not exceed for any	2030
school district the product of three and three-tenths mills times	2031
the district's recognized valuation. The department annually shall	2032
pay each school district as an excess cost supplement any amount	2033
by which the sum of the district's attributed local shares for	2034
that funding exceeds that product. For purposes of calculating the	2035
excess cost supplement:	2036

(1) The attributed local share for special education and	2037
related services additional weighted costs funding is the amount	2038
specified in division (C)(2) of this section.	2039

(2) The attributed local share of transportation funding	2040
equals the difference of the total amount calculated for the	2041
district using the formula developed under division (D)(2) of this	2042
section minus the actual amount paid to the district after	2043
applying the percentage specified in division (D)(3) of this	2044
section.	2045

(3) The attributed local share of vocational education and	2046
associated services additional weighted costs funding is the	2047
amount determined as follows:	2048

(1 - state share percentage) X	2049

[(total vocational education weight X	2050

the formula amount) + the payment under	2051

division (E)(2) of this section]	2052

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	2053
(C) of this section, except as provided in division (A)(2)(h) of	2054
this section, any student enrolled in kindergarten more than half	2055
time shall be reported as one-half student under this section.	2056

(A) The superintendent of each city and exempted village	2057
school district and of each educational service center shall, for	2058
the schools under the superintendent's supervision, certify to the	2059
state board of education on or before the fifteenth day of October	2060
in each year for the first full school week in October the formula	2061
ADM. Beginning in fiscal year 2007, each superintendent also shall	2062
certify to the state board, for the schools under the	2063
superintendent's supervision, the formula ADM for the first full	2064
week in February. If a school under the superintendent's	2065
supervision is closed for one or more days during that week due to	2066
hazardous weather conditions or other circumstances described in	2067
the first paragraph of division (B) of section 3317.01 of the	2068
Revised Code, the superintendent may apply to the superintendent	2069
of public instruction for a waiver, under which the superintendent	2070
of public instruction may exempt the district superintendent from	2071
certifying the formula ADM for that school for that week and	2072
specify an alternate week for certifying the formula ADM of that	2073
school.	2074

The formula ADM shall consist of the average daily membership	2075
during such week of the sum of the following:	2076

(1) On an FTE basis, the number of students in grades	2077
kindergarten through twelve receiving any educational services	2078
from the district, except that the following categories of	2079
students shall not be included in the determination:	2080

(a) Students enrolled in adult education classes;

2081

(b) Adjacent or other district students enrolled in the	2082
district under an open enrollment policy pursuant to section	2083
3313.98 of the Revised Code;	2084

(c) Students receiving services in the district pursuant to a	2085
compact, cooperative education agreement, or a contract, but who	2086
are entitled to attend school in another district pursuant to	2087
section 3313.64 or 3313.65 of the Revised Code;	2088

(d) Students for whom tuition is payable pursuant to sections	2089
3317.081 and 3323.141 of the Revised Code;	2090

(e) Students receiving services in the district through a	2091
scholarship awarded under either section 3310.41 or sections	2092
3310.51 to 3310.64 of the Revised Code.	2093

(2) On an FTE basis, except as provided in division (A)(2)(h)	2094
of this section, the number of students entitled to attend school	2095
in the district pursuant to section 3313.64 or 3313.65 of the	2096
Revised Code, but receiving educational services in grades	2097
kindergarten through twelve from one or more of the following	2098
entities:	2099

(a) A community school pursuant to Chapter 3314. of the	2100
Revised Code, including any participation in a college pursuant to	2101
Chapter 3365. of the Revised Code while enrolled in such community	2102
school;	2103

(b) An alternative school pursuant to sections 3313.974 to	2104
3313.979 of the Revised Code as described in division (I)(2)(a) or	2105
(b) of this section;	2106

(c) A college pursuant to Chapter 3365. of the Revised Code,	2107
except when the student is enrolled in the college while also	2108
enrolled in a community school pursuant to Chapter 3314. or a	2109
science, technology, engineering, and mathematics school	2110
established under Chapter 3326. of the Revised Code;	2111

(d) An adjacent or other school district under an open	2112
enrollment policy adopted pursuant to section 3313.98 of the	2113
Revised Code;	2114

(e) An educational service center or cooperative education	2115
district;	2116

(f) Another school district under a cooperative education	2117
agreement, compact, or contract;	2118

(g) A chartered nonpublic school with a scholarship paid	2119
under section 3310.08 of the Revised Code;	2120

(h) An alternative public provider or a registered private	2121
provider with a scholarship awarded under either section 3310.41	2122
or sections 3310.51 to 3310.64 of the Revised Code. Each such	2123
scholarship student who is enrolled in kindergarten shall be	2124
counted as one full-time-equivalent student.	2125

As used in this section, "alternative public provider" and	2126
"registered private provider" have the same meanings as in section	2127
3310.41 or 3310.51 of the Revised Code, as applicable.	2128

(i) A science, technology, engineering, and mathematics	2129
school established under Chapter 3326. of the Revised Code,	2130
including any participation in a college pursuant to Chapter 3365.	2131
of the Revised Code while enrolled in the school.	2132

(3) Twenty per cent of the number of students enrolled in a	2133
joint vocational school district or under a vocational education	2134
compact, excluding any students entitled to attend school in the	2135
district under section 3313.64 or 3313.65 of the Revised Code who	2136
are enrolled in another school district through an open enrollment	2137
policy as reported under division (A)(2)(d) of this section and	2138
then enroll in a joint vocational school district or under a	2139
vocational education compact;	2140

(4) The number of children with disabilities, other than	2141
preschool children with disabilities, entitled to attend school	2142
in the district pursuant to section 3313.64 or 3313.65 of the	2143
Revised Code who are placed by the district with a county MR/DD	2144
board, minus the number of such children placed with a county	2145
MR/DD board in fiscal year 1998. If this calculation produces a	2146
negative number, the number reported under division (A)(4) of	2147
this section shall be zero.	2148

(5) Beginning in fiscal year 2007, in the case of the report	2149
submitted for the first full week in February, or the alternative	2150
week if specified by the superintendent of public instruction, the	2151
number of students reported under division (A)(1) or (2) of this	2152
section for the first full week of the preceding October but who	2153
since that week have received high school diplomas.	2154

(B) To enable the department of education to obtain the data	2155
needed to complete the calculation of payments pursuant to this	2156
chapter, in addition to the formula ADM, each superintendent shall	2157
report separately the following student counts for the same week	2158
for which formula ADM is certified:	2159

(1) The total average daily membership in regular day classes	2160
included in the report under division (A)(1) or (2) of this	2161
section for kindergarten, and each of grades one through twelve in	2162
schools under the superintendent's supervision;	2163

(2) The number of all preschool children with disabilities	2164
enrolled as of the first day of December in classes in the	2165
district that are eligible for approval under division (B) of	2166
section 3317.05 of the Revised Code and the number of those	2167
classes, which shall be reported not later than the fifteenth day	2168
of December, in accordance with rules adopted under that section;	2169

(3) The number of children entitled to attend school in the	2170
district pursuant to section 3313.64 or 3313.65 of the Revised	2171
Code who are:	2172

(a) Participating in a pilot project scholarship program	2173
established under sections 3313.974 to 3313.979 of the Revised	2174
Code as described in division (I)(2)(a) or (b) of this section;	2175

(b) Enrolled in a college under Chapter 3365. of the Revised	2176
Code, except when the student is enrolled in the college while	2177
also enrolled in a community school pursuant to Chapter 3314. or a	2178
science, technology, engineering, and mathematics school	2179
established under Chapter 3326. of the Revised Code;	2180

(c) Enrolled in an adjacent or other school district under	2181
section 3313.98 of the Revised Code;	2182

(d) Enrolled in a community school established under Chapter	2183
3314. of the Revised Code that is not an internet- or	2184
computer-based community school as defined in section 3314.02 of	2185
the Revised Code, including any participation in a college	2186
pursuant to Chapter 3365. of the Revised Code while enrolled in	2187
such community school;	2188

(e) Enrolled in an internet- or computer-based community	2189
school, as defined in section 3314.02 of the Revised Code,	2190
including any participation in a college pursuant to Chapter 3365.	2191
of the Revised Code while enrolled in the school;	2192

(f) Enrolled in a chartered nonpublic school with a	2193
scholarship paid under section 3310.08 of the Revised Code;	2194

(g) Enrolled in kindergarten through grade twelve in an	2195
alternative public provider or a registered private provider with	2196
a scholarship awarded under either section 3310.41 or sections	2197
3310.51 to 3310.64 of the Revised Code;	2198

(h) Enrolled as a preschool child with a disability in an	2199
alternative public provider or a registered private provider with	2200
a scholarship awarded under section 3310.41 of the Revised Code;	2201

(i) Participating in a program operated by a county MR/DD	2202
board or a state institution;	2203

(j) Enrolled in a science, technology, engineering, and	2204
mathematics school established under Chapter 3326. of the Revised	2205
Code, including any participation in a college pursuant to Chapter	2206
3365. of the Revised Code while enrolled in the school.	2207

(4) The number of pupils enrolled in joint vocational	2208
schools;	2209

(5) The combined average daily membership of children with	2210
disabilities reported under division (A)(1) or (2) of this	2211
section receiving special education services for the category one	2212
disability described in division (A) of section 3317.013 of the	2213
Revised Code, including children attending a special education	2214
program operated by an alternative public provider or a	2215
registered private provider with a scholarship awarded under	2216
sections 3310.51 to 3310.64 of the Revised Code;	2217

(6) The combined average daily membership of children with	2218
disabilities reported under division (A)(1) or (2) of this	2219
section receiving special education services for category two	2220
disabilities described in division (B) of section 3317.013 of the	2221
Revised Code, including children attending a special education	2222
program operated by an alternative public provider or a	2223
registered private provider with a scholarship awarded under	2224
sections 3310.51 to 3310.64 of the Revised Code;	2225

(7) The combined average daily membership of children with	2226
disabilities reported under division (A)(1) or (2) of this	2227
section receiving special education services for category three	2228
disabilities described in division (C) of section 3317.013 of the	2229
Revised Code, including children attending a special education	2230
program operated by an alternative public provider or a	2231
registered private provider with a scholarship awarded under	2232
sections 3310.51 to 3310.64 of the Revised Code;	2233

(8) The combined average daily membership of children with	2234
disabilities reported under division (A)(1) or (2) of this	2235
section receiving special education services for category four	2236
disabilities described in division (D) of section 3317.013 of the	2237
Revised Code, including children attending a special education	2238
program operated by an alternative public provider or a	2239
registered private provider with a scholarship awarded under	2240
sections 3310.51 to 3310.64 of the Revised Code;	2241

(9) The combined average daily membership of children with	2242
disabilities reported under division (A)(1) or (2) of this	2243
section receiving special education services for the category	2244
five disabilities described in division (E) of section 3317.013	2245
of the Revised Code, including children attending a special	2246
education program operated by an alternative public provider or a	2247
registered private provider with a scholarship awarded under	2248
sections 3310.51 to 3310.64 of the Revised Code;	2249

(10) The combined average daily membership of children with	2250
disabilities reported under division (A)(1) or (2) and under	2251
division (B)(3)(h) of this section receiving special education	2252
services for category six disabilities described in division (F)	2253
of section 3317.013 of the Revised Code, including children	2254
attending a special education program operated by an alternative	2255
public provider or a registered private provider with a	2256
scholarship awarded under either section 3310.41 or sections	2257
3310.51 to 3310.64 of the Revised Code;	2258

(11) The average daily membership of pupils reported under	2259
division (A)(1) or (2) of this section enrolled in category one	2260
vocational education programs or classes, described in division	2261
(A) of section 3317.014 of the Revised Code, operated by the	2262
school district or by another district, other than a joint	2263
vocational school district, or by an educational service center,	2264
excluding any student reported under division (B)(3)(e) of this	2265
section as enrolled in an internet- or computer-based community	2266
school, notwithstanding division (C) of section 3317.02 of the	2267
Revised Code and division (C)(3) of this section;	2268

(12) The average daily membership of pupils reported under	2269
division (A)(1) or (2) of this section enrolled in category two	2270
vocational education programs or services, described in division	2271
(B) of section 3317.014 of the Revised Code, operated by the	2272
school district or another school district, other than a joint	2273
vocational school district, or by an educational service center,	2274
excluding any student reported under division (B)(3)(e) of this	2275
section as enrolled in an internet- or computer-based community	2276
school, notwithstanding division (C) of section 3317.02 of the	2277
Revised Code and division (C)(3) of this section;	2278

(13) The average number of children transported by the school	2279
district on board-owned or contractor-owned and -operated buses,	2280
reported in accordance with rules adopted by the department of	2281
education;	2282

(14)(a) The number of children, other than preschool children	2283
with disabilities, the district placed with a county MR/DD board	2284
in fiscal year 1998;	2285

(b) The number of children with disabilities, other than	2286
preschool children with disabilities, placed with a county MR/DD	2287
board in the current fiscal year to receive special education	2288
services for the category one disability described in division	2289
(A) of section 3317.013 of the Revised Code;	2290

(c) The number of children with disabilities, other than	2291
preschool children with disabilities, placed with a county MR/DD	2292
board in the current fiscal year to receive special education	2293
services for category two disabilities described in division (B)	2294
of section 3317.013 of the Revised Code;	2295

(d) The number of children with disabilities, other than	2296
preschool children with disabilities, placed with a county MR/DD	2297
board in the current fiscal year to receive special education	2298
services for category three disabilities described in division	2299
(C) of section 3317.013 of the Revised Code;	2300

(e) The number of children with disabilities, other than	2301
preschool children with disabilities, placed with a county MR/DD	2302
board in the current fiscal year to receive special education	2303
services for category four disabilities described in division (D)	2304
of section 3317.013 of the Revised Code;	2305

(f) The number of children with disabilities, other than	2306
preschool children with disabilities, placed with a county MR/DD	2307
board in the current fiscal year to receive special education	2308
services for the category five disabilities described in division	2309
(E) of section 3317.013 of the Revised Code;	2310

(g) The number of children with disabilities, other than	2311
preschool children with disabilities, placed with a county MR/DD	2312
board in the current fiscal year to receive special education	2313
services for category six disabilities described in division (F)	2314
of section 3317.013 of the Revised Code.	2315

(C)(1) Except as otherwise provided in this section for	2316
kindergarten students, the average daily membership in divisions	2317
(B)(1) to (12) of this section shall be based upon the number of	2318
full-time equivalent students. The state board of education shall	2319
adopt rules defining full-time equivalent students and for	2320
determining the average daily membership therefrom for the	2321
purposes of divisions (A), (B), and (D) of this section.	2322

(2) A student enrolled in a community school established	2323
under Chapter 3314. or a science, technology, engineering, and	2324
mathematics school established under Chapter 3326. of the Revised	2325
Code shall be counted in the formula ADM and, if applicable, the	2326
category one, two, three, four, five, or six special education ADM	2327
of the school district in which the student is entitled to attend	2328
school under section 3313.64 or 3313.65 of the Revised Code for	2329
the same proportion of the school year that the student is counted	2330
in the enrollment of the community school or the science,	2331
technology, engineering, and mathematics school for purposes of	2332
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding	2333
the number of students reported pursuant to division (B)(3)(d),	2334
(e), or (j) of this section, the department may adjust the	2335
formula ADM of a school district to account for students entitled	2336
to attend school in the district under section 3313.64 or 3313.65	2337
of the Revised Code who are enrolled in a community school or a	2338
science, technology, engineering, and mathematics school for only	2339
a portion of the school year.	2340

(3) No child shall be counted as more than a total of one	2341
child in the sum of the average daily memberships of a school	2342
district under division (A), divisions (B)(1) to (12), or division	2343
(D) of this section, except as follows:	2344

(a) A child with a disability described in section 3317.013	2345
of the Revised Code may be counted both in formula ADM and in	2346
category one, two, three, four, five, or six special education	2347
ADM and, if applicable, in category one or two vocational	2348
education ADM. As provided in division (C) of section 3317.02 of	2349
the Revised Code, such a child shall be counted in category one,	2350
two, three, four, five, or six special education ADM in the same	2351
proportion that the child is counted in formula ADM.	2352

(b) A child enrolled in vocational education programs or	2353
classes described in section 3317.014 of the Revised Code may be	2354
counted both in formula ADM and category one or two vocational	2355
education ADM and, if applicable, in category one, two, three,	2356
four, five, or six special education ADM. Such a child shall be	2357
counted in category one or two vocational education ADM in the	2358
same proportion as the percentage of time that the child spends in	2359
the vocational education programs or classes.	2360

(4) Based on the information reported under this section, the	2361
department of education shall determine the total student count,	2362
as defined in section 3301.011 of the Revised Code, for each	2363
school district.	2364

(D)(1) The superintendent of each joint vocational school	2365
district shall certify to the superintendent of public instruction	2366
on or before the fifteenth day of October in each year for the	2367
first full school week in October the formula ADM. Beginning in	2368
fiscal year 2007, each superintendent also shall certify to the	2369
state superintendent the formula ADM for the first full week in	2370
February. If a school operated by the joint vocational school	2371
district is closed for one or more days during that week due to	2372
hazardous weather conditions or other circumstances described in	2373
the first paragraph of division (B) of section 3317.01 of the	2374
Revised Code, the superintendent may apply to the superintendent	2375
of public instruction for a waiver, under which the superintendent	2376
of public instruction may exempt the district superintendent from	2377
certifying the formula ADM for that school for that week and	2378
specify an alternate week for certifying the formula ADM of that	2379
school.	2380

The formula ADM, except as otherwise provided in this	2381
division, shall consist of the average daily membership during	2382
such week, on an FTE basis, of the number of students receiving	2383
any educational services from the district, including students	2384
enrolled in a community school established under Chapter 3314. or	2385
a science, technology, engineering, and mathematics school	2386
established under Chapter 3326. of the Revised Code who are	2387
attending the joint vocational district under an agreement	2388
between the district board of education and the governing	2389
authority of the community school or the science, technology,	2390
engineering, and mathematics school and are entitled to attend	2391
school in a city, local, or exempted village school district whose	2392
territory is part of the territory of the joint vocational	2393
district. Beginning in fiscal year 2007, in the case of the	2394
report submitted for the first week in February, or the	2395
alternative week if specified by the superintendent of public	2396
instruction, the superintendent of the joint vocational school	2397
district may include the number of students reported under	2398
division (D)(1) of this section for the first full week of the	2399
preceding October but who since that week have received high	2400
school diplomas.	2401

The following categories of students shall not be included in	2402
the determination made under division (D)(1) of this section:	2403

(a) Students enrolled in adult education classes;

2404

(b) Adjacent or other district joint vocational students	2405
enrolled in the district under an open enrollment policy pursuant	2406
to section 3313.98 of the Revised Code;	2407

(c) Students receiving services in the district pursuant to a	2408
compact, cooperative education agreement, or a contract, but who	2409
are entitled to attend school in a city, local, or exempted	2410
village school district whose territory is not part of the	2411
territory of the joint vocational district;	2412

(d) Students for whom tuition is payable pursuant to sections	2413
3317.081 and 3323.141 of the Revised Code.	2414

(2) To enable the department of education to obtain the data	2415
needed to complete the calculation of payments pursuant to this	2416
chapter, in addition to the formula ADM, each superintendent shall	2417
report separately the average daily membership included in the	2418
report under division (D)(1) of this section for each of the	2419
following categories of students for the same week for which	2420
formula ADM is certified:	2421

(a) Students enrolled in each grade included in the joint	2422
vocational district schools;	2423

(b) Children with disabilities receiving special education	2424
services for the category one disability described in division	2425
(A) of section 3317.013 of the Revised Code;	2426

(c) Children with disabilities receiving special education	2427
services for the category two disabilities described in division	2428
(B) of section 3317.013 of the Revised Code;	2429

(d) Children with disabilities receiving special education	2430
services for category three disabilities described in division (C)	2431
of section 3317.013 of the Revised Code;	2432

(e) Children with disabilities receiving special education	2433
services for category four disabilities described in division (D)	2434
of section 3317.013 of the Revised Code;	2435

(f) Children with disabilities receiving special education	2436
services for the category five disabilities described in division	2437
(E) of section 3317.013 of the Revised Code;	2438

(g) Children with disabilities receiving special education	2439
services for category six disabilities described in division (F)	2440
of section 3317.013 of the Revised Code;	2441

(h) Students receiving category one vocational education	2442
services, described in division (A) of section 3317.014 of the	2443
Revised Code;	2444

(i) Students receiving category two vocational education	2445
services, described in division (B) of section 3317.014 of the	2446
Revised Code.	2447

The superintendent of each joint vocational school district	2448
shall also indicate the city, local, or exempted village school	2449
district in which each joint vocational district pupil is entitled	2450
to attend school pursuant to section 3313.64 or 3313.65 of the	2451
Revised Code.	2452

(E) In each school of each city, local, exempted village,	2453
joint vocational, and cooperative education school district there	2454
shall be maintained a record of school membership, which record	2455
shall accurately show, for each day the school is in session, the	2456
actual membership enrolled in regular day classes. For the purpose	2457
of determining average daily membership, the membership figure of	2458
any school shall not include any pupils except those pupils	2459
described by division (A) of this section. The record of	2460
membership for each school shall be maintained in such manner that	2461
no pupil shall be counted as in membership prior to the actual	2462
date of entry in the school and also in such manner that where for	2463
any cause a pupil permanently withdraws from the school that pupil	2464
shall not be counted as in membership from and after the date of	2465
such withdrawal. There shall not be included in the membership of	2466
any school any of the following:	2467

(1) Any pupil who has graduated from the twelfth grade of a	2468
public or nonpublic high school;	2469

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

2470

(3) Any pupil who was enrolled in the schools of the district	2471
during the previous school year when tests were administered under	2472
section 3301.0711 of the Revised Code but did not take one or more	2473
of the tests required by that section and was not excused pursuant	2474
to division (C)(1) or (3) of that section;	2475

(4) Any pupil who has attained the age of twenty-two years,	2476
except for veterans of the armed services whose attendance was	2477
interrupted before completing the recognized twelve-year course of	2478
the public schools by reason of induction or enlistment in the	2479
armed forces and who apply for reenrollment in the public school	2480
system of their residence not later than four years after	2481
termination of war or their honorable discharge.	2482

If, however, any veteran described by division (E)(4) of this	2483
section elects to enroll in special courses organized for veterans	2484
for whom tuition is paid under the provisions of federal laws, or	2485
otherwise, that veteran shall not be included in average daily	2486
membership.	2487

Notwithstanding division (E)(3) of this section, the	2488
membership of any school may include a pupil who did not take a	2489
test required by section 3301.0711 of the Revised Code if the	2490
superintendent of public instruction grants a waiver from the	2491
requirement to take the test to the specific pupil and a parent is	2492
not paying tuition for the pupil pursuant to section 3313.6410 of	2493
the Revised Code. The superintendent may grant such a waiver only	2494
for good cause in accordance with rules adopted by the state board	2495
of education.	2496

Except as provided in divisions (B)(2) and (F) of this	2497
section, the average daily membership figure of any local, city,	2498
exempted village, or joint vocational school district shall be	2499
determined by dividing the figure representing the sum of the	2500
number of pupils enrolled during each day the school of attendance	2501
is actually open for instruction during the week for which the	2502
formula ADM is being certified by the total number of days the	2503
school was actually open for instruction during that week. For	2504
purposes of state funding, "enrolled" persons are only those	2505
pupils who are attending school, those who have attended school	2506
during the current school year and are absent for authorized	2507
reasons, and those children with disabilities currently receiving	2508
home instruction.	2509

The average daily membership figure of any cooperative	2510
education school district shall be determined in accordance with	2511
rules adopted by the state board of education.	2512

(F)(1) If the formula ADM for the first full school week in	2513
February is at least three per cent greater than that certified	2514
for the first full school week in the preceding October, the	2515
superintendent of schools of any city, exempted village, or joint	2516
vocational school district or educational service center shall	2517
certify such increase to the superintendent of public instruction.	2518
Such certification shall be submitted no later than the fifteenth	2519
day of February. For the balance of the fiscal year, beginning	2520
with the February payments, the superintendent of public	2521
instruction shall use the increased formula ADM in calculating or	2522
recalculating the amounts to be allocated in accordance with	2523
section 3317.022 or 3317.16 of the Revised Code. In no event shall	2524
the superintendent use an increased membership certified to the	2525
superintendent after the fifteenth day of February. Division	2526
(F)(1) of this section does not apply after fiscal year 2006.	2527

(2) If on the first school day of April the total number of	2528
classes or units for preschool children with disabilities that	2529
are eligible for approval under division (B) of section 3317.05	2530
of the Revised Code exceeds the number of units that have been	2531
approved for the year under that division, the superintendent of	2532
schools of any city, exempted village, or cooperative education	2533
school district or educational service center shall make the	2534
certifications required by this section for that day. If the	2535
department determines additional units can be approved for the	2536
fiscal year within any limitations set forth in the acts	2537
appropriating moneys for the funding of such units, the	2538
department shall approve additional units for the fiscal year on	2539
the basis of such average daily membership. For each unit so	2540
approved, the department shall pay an amount computed in the	2541
manner prescribed in section 3317.052 or 3317.19 and section	2542
3317.053 of the Revised Code.	2543

(3) If a student attending a community school under Chapter	2544
3314. or a science, technology, engineering, and mathematics	2545
school established under Chapter 3326. of the Revised Code is not	2546
included in the formula ADM certified for the school district in	2547
which the student is entitled to attend school under section	2548
3313.64 or 3313.65 of the Revised Code, the department of	2549
education shall adjust the formula ADM of that school district to	2550
include the student in accordance with division (C)(2) of this	2551
section, and shall recalculate the school district's payments	2552
under this chapter for the entire fiscal year on the basis of	2553
that adjusted formula ADM. This requirement applies regardless of	2554
whether the student was enrolled, as defined in division (E) of	2555
this section, in the community school or the science,	2556
technology, engineering, and mathematics school during the week	2557
for which the formula ADM is being certified.	2558

(4) If a student awarded an educational choice scholarship is	2559
not included in the formula ADM of the school district from which	2560
the department deducts funds for the scholarship under section	2561
3310.08 of the Revised Code, the department shall adjust the	2562
formula ADM of that school district to include the student to the	2563
extent necessary to account for the deduction, and shall	2564
recalculate the school district's payments under this chapter for	2565
the entire fiscal year on the basis of that adjusted formula ADM.	2566
This requirement applies regardless of whether the student was	2567
enrolled, as defined in division (E) of this section, in the	2568
chartered nonpublic school, the school district, or a community	2569
school during the week for which the formula ADM is being	2570
certified.	2571

(5) If a student awarded a scholarship under the special	2572
education scholarship pilot program is not included in the formula	2573
ADM of the school district from which the department deducts funds	2574
for the scholarship under section 3310.55 of the Revised Code, the	2575
department shall adjust the formula ADM of that school district to	2576
include the student to the extent necessary to account for the	2577
deduction, and shall recalculate the school district's payments	2578
under this chapter for the entire fiscal year on the basis of that	2579
adjusted formula ADM. This requirement applies regardless of	2580
whether the student was enrolled, as defined in division (E) of	2581
this section, in an alternative public provider, a registered	2582
private provider, or the school district during the week for which	2583
the formula ADM is being certified.	2584

(G)(1)(a) The superintendent of an institution operating a	2585
special education program pursuant to section 3323.091 of the	2586
Revised Code shall, for the programs under such superintendent's	2587
supervision, certify to the state board of education, in the	2588
manner prescribed by the superintendent of public instruction,	2589
both of the following:	2590

(i) The average daily membership of all children with	2591
disabilities other than preschool children with disabilities	2592
receiving services at the institution for each category of	2593
disability described in divisions (A) to (F) of section 3317.013	2594
of the Revised Code;	2595

(ii) The average daily membership of all preschool children	2596
with disabilities in classes or programs approved annually by the	2597
department of education for unit funding under section 3317.05 of	2598
the Revised Code.	2599

(b) The superintendent of an institution with vocational	2600
education units approved under division (A) of section 3317.05 of	2601
the Revised Code shall, for the units under the superintendent's	2602
supervision, certify to the state board of education the average	2603
daily membership in those units, in the manner prescribed by the	2604
superintendent of public instruction.	2605

(2) The superintendent of each county MR/DD board that	2606
maintains special education classes under section 3317.20 of the	2607
Revised Code or units approved pursuant to section 3317.05 of the	2608
Revised Code shall do both of the following:	2609

(a) Certify to the state board, in the manner prescribed by	2610
the board, the average daily membership in classes under section	2611
3317.20 of the Revised Code for each school district that has	2612
placed children in the classes;	2613

(b) Certify to the state board, in the manner prescribed by	2614
the board, the number of all preschool children with disabilities	2615
enrolled as of the first day of December in classes eligible for	2616
approval under division (B) of section 3317.05 of the Revised	2617
Code, and the number of those classes.	2618

(3)(a) If on the first school day of April the number of	2619
classes or units maintained for preschool children with	2620
disabilities by the county MR/DD board that are eligible for	2621
approval under division (B) of section 3317.05 of the Revised Code	2622
is greater than the number of units approved for the year under	2623
that division, the superintendent shall make the certification	2624
required by this section for that day.	2625

(b) If the department determines that additional classes or	2626
units can be approved for the fiscal year within any limitations	2627
set forth in the acts appropriating moneys for the funding of the	2628
classes and units described in division (G)(3)(a) of this section,	2629
the department shall approve and fund additional units for the	2630
fiscal year on the basis of such average daily membership. For	2631
each unit so approved, the department shall pay an amount computed	2632
in the manner prescribed in sections 3317.052 and 3317.053 of the	2633
Revised Code.	2634

(H) Except as provided in division (I) of this section, when	2635
any city, local, or exempted village school district provides	2636
instruction for a nonresident pupil whose attendance is	2637
unauthorized attendance as defined in section 3327.06 of the	2638
Revised Code, that pupil's membership shall not be included in	2639
that district's membership figure used in the calculation of that	2640
district's formula ADM or included in the determination of any	2641
unit approved for the district under section 3317.05 of the	2642
Revised Code. The reporting official shall report separately the	2643
average daily membership of all pupils whose attendance in the	2644
district is unauthorized attendance, and the membership of each	2645
such pupil shall be credited to the school district in which the	2646
pupil is entitled to attend school under division (B) of section	2647
3313.64 or section 3313.65 of the Revised Code as determined by	2648
the department of education.	2649

(I)(1) A city, local, exempted village, or joint vocational	2650
school district admitting a scholarship student of a pilot project	2651
district pursuant to division (C) of section 3313.976 of the	2652
Revised Code may count such student in its average daily	2653
membership.	2654

(2) In any year for which funds are appropriated for pilot	2655
project scholarship programs, a school district implementing a	2656
state-sponsored pilot project scholarship program that year	2657
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	2658
count in average daily membership:	2659

(a) All children residing in the district and utilizing a	2660
scholarship to attend kindergarten in any alternative school, as	2661
defined in section 3313.974 of the Revised Code;	2662

(b) All children who were enrolled in the district in the	2663
preceding year who are utilizing a scholarship to attend any such	2664
alternative school.	2665

(J) The superintendent of each cooperative education school	2666
district shall certify to the superintendent of public	2667
instruction, in a manner prescribed by the state board of	2668
education, the applicable average daily memberships for all	2669
students in the cooperative education district, also indicating	2670
the city, local, or exempted village district where each pupil is	2671
entitled to attend school under section 3313.64 or 3313.65 of the	2672
Revised Code.	2673

(K) If the superintendent of public instruction determines	2674
that a component of the formula ADM certified or reported by a	2675
district superintendent, or other reporting entity, is not	2676
correct, the superintendent of public instruction may order that	2677
the formula ADM used for the purposes of payments under any	2678
section of Title XXXIII of the Revised Code be adjusted in the	2679
amount of the error.	2680

Sec. 3323.052. Not later than January 31, 2009, the	2681
department of education shall develop a document that compares a	2682
parent's and child's rights under this chapter and 20 U.S.C. 1400	2683
et seq. with the parent's and child's rights under the special	2684
education scholarship pilot program, established in sections	2685
3310.51 to 3310.64 of the Revised Code, including the deadline for	2686
application for a scholarship or renewal of a scholarship and	2687
notice of that application to the child's school district,	2688
prescribed in division (C) of section 3310.52 of the Revised Code,	2689
and the provisions of divisions (A) and (B) of section 3310.53 of	2690
the Revised Code. The department shall revise that document as	2691
necessary to reflect any pertinent changes in state or federal	2692
statutory law, rule, or regulation enacted or adopted after the	2693
initial document is developed. The department and each school	2694
district shall ensure that the document prescribed in this section	2695
is included in, appended to, or otherwise distributed in	2696
conjunction with the notice required under 20 U.S.C. 1415(d), and	2697
any provision of the Code of Federal Regulations implementing that	2698
requirement, in the manner and at all the times specified for such	2699
notice in federal law or regulation. As used in this section, a	2700
"child's school district" means the school district in which the	2701
child is entitled to attend school under section 3313.64 or	2702
3313.65 of the Revised Code.	2703

Sec. 4776.01. As used in this chapter:

2704

(A) "License" means any of the following:

2705

(1) An authorization evidenced by a license, certificate,	2706
registration, permit, card, or other authority that is issued or	2707
conferred by a licensing agency described in division (C)(1) of	2708
this section to a licensee or to an applicant for an initial	2709
license by which the licensee or initial license applicant has or	2710
claims the privilege to engage in a profession, occupation, or	2711
occupational activity, or to have control of and operate certain	2712
specific equipment, machinery, or premises, over which the	2713
licensing agency has jurisdiction.	2714

(2) An authorization evidenced by a license or certificate	2715
that is issued by a licensing agency described in division (C)(2)	2716
of this section pursuant to section 4715.12, 4715.16, 4715.21, or	2717
4715.27 of the Revised Code to a licensee or to an applicant for	2718
an initial license by which the licensee or initial license	2719
applicant has or claims the privilege to engage in a profession,	2720
occupation, or occupational activity over which the licensing	2721
agency has jurisdiction.	2722

(B) "Licensee" means the person to whom the license is issued	2723
by a licensing agency.	2724

2725

(1) The board authorized by Chapters 4701., 4717., 4725.,	2726
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	2727
4759., 4760., 4761., 4762., and 4779. of the Revised Code to	2728
issue a license to engage in a specific profession, occupation,	2729
or occupational activity, or to have charge of and operate	2730
certain specified equipment, machinery, or premises.	2731

(2) The state dental board, relative to its authority to	2732
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	2733
4715.27 of the Revised Code.	2734

(D) "Applicant for an initial license" includes persons	2735
seeking a license for the first time and persons seeking a license	2736
by reciprocity, endorsement, or similar manner of a license issued	2737
in another state.	2738

(E) "Applicant for a restored license" includes persons	2739
seeking restoration of a certificate under section 4730.14,	2740
4731.281, 4760.06, or 4762.06 of the Revised Code.	2741

(F) "Criminal records check" has the same meaning as in	2742
division ~~(E)~~(F) of section 109.572 of the Revised Code.	2743

Sec. 5727.84. (A) As used in this section and sections	2744
5727.85, 5727.86, and 5727.87 of the Revised Code:	2745

(1) "School district" means a city, local, or exempted	2746
village school district.	2747

(2) "Joint vocational school district" means a joint	2748
vocational school district created under section 3311.16 of the	2749
Revised Code, and includes a cooperative education school district	2750
created under section 3311.52 or 3311.521 of the Revised Code and	2751
a county school financing district created under section 3311.50	2752
of the Revised Code.	2753

(3) "Local taxing unit" means a subdivision or taxing unit,	2754
as defined in section 5705.01 of the Revised Code, a park district	2755
created under Chapter 1545. of the Revised Code, or a township	2756
park district established under section 511.23 of the Revised	2757
Code, but excludes school districts and joint vocational school	2758
districts.	2759

(4) "State education aid," for a school district, means the	2760
sum of state aid amounts computed for the district under	2761
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	2762
3317.022; divisions (B), (C), and (D) of section 3317.023;	2763
divisions (G), (L), and (N) of section 3317.024; and sections	2764
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	2765
3317.053 of the Revised Code; and the adjustments required by:	2766
division (C) of section 3310.08; division (C)(2) of section	2767
3310.41; section 3310.55; division (C) of section 3314.08;	2768
division (D)(2) of section 3314.091; division (D) of section	2769
3314.13; divisions (E), (K), (L), (M), (N), and (O) of section	2770
3317.023; division (C) of section 3317.20; and sections 3313.979	2771
and 3313.981 of the Revised Code. However, when calculating	2772
state education aid for a school district for fiscal years 2008	2773
and 2009, include the amount computed for the district under	2774
Section 269.20.80 of H.B. 119 of the 127th general assembly, as	2775
subsequently amended, instead of division (D) of section	2776
3317.022 of the Revised Code; and include amounts calculated	2777
under Section 269.30.80 of this act, as subsequently amended;	2778
~~and account for adjustments under division (C)(2) of section~~	2779
~~3310.41 of the Revised Code~~.	2780

(5) "State education aid," for a joint vocational school	2781
district, means the sum of the state aid amounts computed for the	2782
district under division (N) of section 3317.024 and section	2783
3317.16 of the Revised Code. However, when calculating state	2784
education aid for a joint vocational school district for fiscal	2785
years 2008 and 2009, include the amount computed for the district	2786
under Section 269.30.90 of H.B. 119 of the 127th general	2787
assembly, as subsequently amended.	2788

(6) "State education aid offset" means the amount determined	2789
for each school district or joint vocational school district under	2790
division (A)(1) of section 5727.85 of the Revised Code.	2791

(7) "Recognized valuation" has the same meaning as in section	2792
3317.02 of the Revised Code.	2793

(8) "Electric company tax value loss" means the amount	2794
determined under division (D) of this section.	2795

(9) "Natural gas company tax value loss" means the amount	2796
determined under division (E) of this section.	2797

(10) "Tax value loss" means the sum of the electric company	2798
tax value loss and the natural gas company tax value loss.	2799

(11) "Fixed-rate levy" means any tax levied on property other	2800
than a fixed-sum levy.	2801

(12) "Fixed-rate levy loss" means the amount determined under	2802
division (G) of this section.	2803

(13) "Fixed-sum levy" means a tax levied on property at	2804
whatever rate is required to produce a specified amount of tax	2805
money or levied in excess of the ten-mill limitation to pay debt	2806
charges, and includes school district emergency levies imposed	2807
pursuant to section 5705.194 of the Revised Code.	2808

(14) "Fixed-sum levy loss" means the amount determined under	2809
division (H) of this section.	2810

(15) "Consumer price index" means the consumer price index	2811
(all items, all urban consumers) prepared by the bureau of labor	2812
statistics of the United States department of labor.	2813

(B) The kilowatt-hour tax receipts fund is hereby created in	2814
the state treasury and shall consist of money arising from the tax	2815
imposed by section 5727.81 of the Revised Code. All money in the	2816
kilowatt-hour tax receipts fund shall be credited as follows:	2817

(1) Sixty-three per cent shall be credited to the general	2818
revenue fund.	2819

(2) Twenty-five and four-tenths per cent shall be credited to	2820
the school district property tax replacement fund, which is hereby	2821
created in the state treasury for the purpose of making the	2822
payments described in section 5727.85 of the Revised Code.	2823

(3) Eleven and six-tenths per cent shall be credited to the	2824
local government property tax replacement fund, which is hereby	2825
created in the state treasury for the purpose of making the	2826
payments described in section 5727.86 of the Revised Code.	2827

(C) The natural gas tax receipts fund is hereby created in	2828
the state treasury and shall consist of money arising from the tax	2829
imposed by section 5727.811 of the Revised Code. All money in the	2830
fund shall be credited as follows:	2831

(1) Sixty-eight and seven-tenths per cent shall be credited	2832
to the school district property tax replacement fund for the	2833
purpose of making the payments described in section 5727.85 of the	2834
Revised Code.	2835

(2) Thirty-one and three-tenths per cent shall be credited to	2836
the local government property tax replacement fund for the purpose	2837
of making the payments described in section 5727.86 of the Revised	2838
Code.	2839

(D) Not later than January 1, 2002, the tax commissioner	2840
shall determine for each taxing district its electric company tax	2841
value loss, which is the sum of the applicable amounts described	2842
in divisions (D)(1) to (4) of this section:	2843

(1) The difference obtained by subtracting the amount	2844
described in division (D)(1)(b) from the amount described in	2845
division (D)(1)(a) of this section.	2846

(a) The value of electric company and rural electric company	2847
tangible personal property as assessed by the tax commissioner for	2848
tax year 1998 on a preliminary assessment, or an amended	2849
preliminary assessment if issued prior to March 1, 1999, and as	2850
apportioned to the taxing district for tax year 1998;	2851

(b) The value of electric company and rural electric company	2852
tangible personal property as assessed by the tax commissioner for	2853
tax year 1998 had the property been apportioned to the taxing	2854
district for tax year 2001, and assessed at the rates in effect	2855
for tax year 2001.	2856

(2) The difference obtained by subtracting the amount	2857
described in division (D)(2)(b) from the amount described in	2858
division (D)(2)(a) of this section.	2859

(a) The three-year average for tax years 1996, 1997, and 1998	2860
of the assessed value from nuclear fuel materials and assemblies	2861
assessed against a person under Chapter 5711. of the Revised Code	2862
from the leasing of them to an electric company for those	2863
respective tax years, as reflected in the preliminary assessments;	2864

(b) The three-year average assessed value from nuclear fuel	2865
materials and assemblies assessed under division (D)(2)(a) of this	2866
section for tax years 1996, 1997, and 1998, as reflected in the	2867
preliminary assessments, using an assessment rate of twenty-five	2868
per cent.	2869

(3) In the case of a taxing district having a nuclear power	2870
plant within its territory, any amount, resulting in an electric	2871
company tax value loss, obtained by subtracting the amount	2872
described in division (D)(1) of this section from the difference	2873
obtained by subtracting the amount described in division (D)(3)(b)	2874
of this section from the amount described in division (D)(3)(a) of	2875
this section.	2876

(a) The value of electric company tangible personal property	2877
as assessed by the tax commissioner for tax year 2000 on a	2878
preliminary assessment, or an amended preliminary assessment if	2879
issued prior to March 1, 2001, and as apportioned to the taxing	2880
district for tax year 2000;	2881

(b) The value of electric company tangible personal property	2882
as assessed by the tax commissioner for tax year 2001 on a	2883
preliminary assessment, or an amended preliminary assessment if	2884
issued prior to March 1, 2002, and as apportioned to the taxing	2885
district for tax year 2001.	2886

(4) In the case of a taxing district having a nuclear power	2887
plant within its territory, the difference obtained by subtracting	2888
the amount described in division (D)(4)(b) of this section from	2889
the amount described in division (D)(4)(a) of this section,	2890
provided that such difference is greater than ten per cent of the	2891
amount described in division (D)(4)(a) of this section.	2892

(a) The value of electric company tangible personal property	2893
as assessed by the tax commissioner for tax year 2005 on a	2894
preliminary assessment, or an amended preliminary assessment if	2895
issued prior to March 1, 2006, and as apportioned to the taxing	2896
district for tax year 2005;	2897

(b) The value of electric company tangible personal property	2898
as assessed by the tax commissioner for tax year 2006 on a	2899
preliminary assessment, or an amended preliminary assessment if	2900
issued prior to March 1, 2007, and as apportioned to the taxing	2901
district for tax year 2006.	2902

(E) Not later than January 1, 2002, the tax commissioner	2903
shall determine for each taxing district its natural gas company	2904
tax value loss, which is the sum of the amounts described in	2905
divisions (E)(1) and (2) of this section:	2906

(1) The difference obtained by subtracting the amount	2907
described in division (E)(1)(b) from the amount described in	2908
division (E)(1)(a) of this section.	2909

(a) The value of all natural gas company tangible personal	2910
property, other than property described in division (E)(2) of this	2911
section, as assessed by the tax commissioner for tax year 1999 on	2912
a preliminary assessment, or an amended preliminary assessment if	2913
issued prior to March 1, 2000, and apportioned to the taxing	2914
district for tax year 1999;	2915

(b) The value of all natural gas company tangible personal	2916
property, other than property described in division (E)(2) of this	2917
section, as assessed by the tax commissioner for tax year 1999 had	2918
the property been apportioned to the taxing district for tax year	2919
2001, and assessed at the rates in effect for tax year 2001.	2920

(2) The difference in the value of current gas obtained by	2921
subtracting the amount described in division (E)(2)(b) from the	2922
amount described in division (E)(2)(a) of this section.	2923

(a) The three-year average assessed value of current gas as	2924
assessed by the tax commissioner for tax years 1997, 1998, and	2925
1999 on a preliminary assessment, or an amended preliminary	2926
assessment if issued prior to March 1, 2001, and as apportioned in	2927
the taxing district for those respective years;	2928

(b) The three-year average assessed value from current gas	2929
under division (E)(2)(a) of this section for tax years 1997, 1998,	2930
and 1999, as reflected in the preliminary assessment, using an	2931
assessment rate of twenty-five per cent.	2932

(F) The tax commissioner may request that natural gas	2933
companies, electric companies, and rural electric companies file a	2934
report to help determine the tax value loss under divisions (D)	2935
and (E) of this section. The report shall be filed within thirty	2936
days of the commissioner's request. A company that fails to file	2937
the report or does not timely file the report is subject to the	2938
penalty in section 5727.60 of the Revised Code.	2939

(G) Not later than January 1, 2002, the tax commissioner	2940
shall determine for each school district, joint vocational school	2941
district, and local taxing unit its fixed-rate levy loss, which is	2942
the sum of its electric company tax value loss multiplied by the	2943
tax rate in effect in tax year 1998 for fixed-rate levies and its	2944
natural gas company tax value loss multiplied by the tax rate in	2945
effect in tax year 1999 for fixed-rate levies.	2946

(H) Not later than January 1, 2002, the tax commissioner	2947
shall determine for each school district, joint vocational school	2948
district, and local taxing unit its fixed-sum levy loss, which is	2949
the amount obtained by subtracting the amount described in	2950
division (H)(2) of this section from the amount described in	2951
division (H)(1) of this section:	2952

(1) The sum of the electric company tax value loss multiplied	2953
by the tax rate in effect in tax year 1998, and the natural gas	2954
company tax value loss multiplied by the tax rate in effect in tax	2955
year 1999, for fixed-sum levies for all taxing districts within	2956
each school district, joint vocational school district, and local	2957
taxing unit. For the years 2002 through 2006, this computation	2958
shall include school district emergency levies that existed in	2959
1998 in the case of the electric company tax value loss, and 1999	2960
in the case of the natural gas company tax value loss, and all	2961
other fixed-sum levies that existed in 1998 in the case of the	2962
electric company tax value loss and 1999 in the case of the	2963
natural gas company tax value loss and continue to be charged in	2964
the tax year preceding the distribution year. For the years 2007	2965
through 2016 in the case of school district emergency levies, and	2966
for all years after 2006 in the case of all other fixed-sum	2967
levies, this computation shall exclude all fixed-sum levies that	2968
existed in 1998 in the case of the electric company tax value loss	2969
and 1999 in the case of the natural gas company tax value loss,	2970
but are no longer in effect in the tax year preceding the	2971
distribution year. For the purposes of this section, an emergency	2972
levy that existed in 1998 in the case of the electric company tax	2973
value loss, and 1999 in the case of the natural gas company tax	2974
value loss, continues to exist in a year beginning on or after	2975
January 1, 2007, but before January 1, 2017, if, in that year, the	2976
board of education levies a school district emergency levy for an	2977
annual sum at least equal to the annual sum levied by the board in	2978
tax year 1998 or 1999, respectively, less the amount of the	2979
payment certified under this division for 2002.	2980

(2) The total taxable value in tax year 1999 less the tax	2981
value loss in each school district, joint vocational school	2982
district, and local taxing unit multiplied by one-fourth of one	2983
mill.	2984

If the amount computed under division (H) of this section for	2985
any school district, joint vocational school district, or local	2986
taxing unit is greater than zero, that amount shall equal the	2987
fixed-sum levy loss reimbursed pursuant to division (E) of section	2988
5727.85 of the Revised Code or division (A)(2) of section 5727.86	2989
of the Revised Code, and the one-fourth of one mill that is	2990
subtracted under division (H)(2) of this section shall be	2991
apportioned among all contributing fixed-sum levies in the	2992
proportion of each levy to the sum of all fixed-sum levies within	2993
each school district, joint vocational school district, or local	2994
taxing unit.	2995

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	2996
section, in computing the tax value loss, fixed-rate levy loss,	2997
and fixed-sum levy loss, the tax commissioner shall use the	2998
greater of the 1998 tax rate or the 1999 tax rate in the case of	2999
levy losses associated with the electric company tax value loss,	3000
but the 1999 tax rate shall not include for this purpose any tax	3001
levy approved by the voters after June 30, 1999, and the tax	3002
commissioner shall use the greater of the 1999 or the 2000 tax	3003
rate in the case of levy losses associated with the natural gas	3004
company tax value loss.	3005

(J) Not later than January 1, 2002, the tax commissioner	3006
shall certify to the department of education the tax value loss	3007
determined under divisions (D) and (E) of this section for each	3008
taxing district, the fixed-rate levy loss calculated under	3009
division (G) of this section, and the fixed-sum levy loss	3010
calculated under division (H) of this section. The calculations	3011
under divisions (G) and (H) of this section shall separately	3012
display the levy loss for each levy eligible for reimbursement.	3013

(K) Not later than September 1, 2001, the tax commissioner	3014
shall certify the amount of the fixed-sum levy loss to the county	3015
auditor of each county in which a school district with a fixed-sum	3016
levy loss has territory.	3017

Section 2. That existing sections 109.57, 109.572, 3301.0714,	3018
3317.022, 3317.03, 4776.01, and 5727.84 of the Revised Code are	3019
hereby repealed.	3020

Section 3. The State Board of Education shall initiate	3021
rulemaking procedures for the rules for the Special Education	3022
Scholarship Pilot Program, required under section 3310.64 of the	3023
Revised Code, as enacted by this act, so that those rules are in	3024
effect by January 31, 2009.	3025

Section 4. The Department of Education shall conduct a	3026
formative evaluation of the Special Education Scholarship Pilot	3027
Program established under sections 3310.51 to 3310.64 of the	3028
Revised Code, using both quantitative and qualitative analyses,	3029
and shall report its findings to the General Assembly not later	3030
than December 31, 2011. In conducting the evaluation, the	3031
Department shall to the extent possible gather comments from	3032
parents who have been awarded scholarships under the program,	3033
school district officials, representatives of registered private	3034
providers, educators, and representatives of educational	3035
organizations for inclusion in the report required under this	3036
section.	3037