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To amend sections 109.57, 109.572, 3301.0714, | 1 |
3317.022, 3317.03, 4776.01, and 5727.84 and to | 2 |
enact sections 3310.51, 3310.52, 3310.521, 3310.53 | 3 |
to 3310.64, and 3323.052 of the Revised Code and | 4 |
to amend Section 3 of Am. Sub. H.B. 79 of the | 5 |
126th General Assembly to create the Special | 6 |
Education Scholarship Pilot Program and to | 7 |
extend the deadline for the Partnership for | 8 |
Continued Learning to submit a report on | 9 |
community schools and the Educational Choice | 10 |
Scholarship Pilot Program. | 11 |
Section 1. That sections 109.57, 109.572, 3301.0714, | 12 |
3317.022, 3317.03, 4776.01, and 5727.84 be amended and sections | 13 |
3310.51, 3310.52, 3310.521, 3310.53, 3310.54, 3310.55, 3310.56, | 14 |
3310.57, 3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63, | 15 |
3310.64, and 3323.052 of the Revised Code be enacted to read as | 16 |
follows: | 17 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 18 |
criminal identification and investigation shall procure from | 19 |
wherever procurable and file for record photographs, pictures, | 20 |
descriptions, fingerprints, measurements, and other information | 21 |
that may be pertinent of all persons who have been convicted of | 22 |
committing within this state a felony, any crime constituting a | 23 |
misdemeanor on the first offense and a felony on subsequent | 24 |
offenses, or any misdemeanor described in division (A)(1)(a) or | 25 |
(A)(10)(a) of section 109.572 of the Revised Code, of all children | 26 |
under eighteen years of age who have been adjudicated delinquent | 27 |
children for committing within this state an act that would be a | 28 |
felony or an offense of violence if committed by an adult or who | 29 |
have been convicted of or pleaded guilty to committing within this | 30 |
state a felony or an offense of violence, and of all well-known | 31 |
and habitual criminals. The person in charge of any county, | 32 |
multicounty, municipal, municipal-county, or multicounty-municipal | 33 |
jail or workhouse, community-based correctional facility, halfway | 34 |
house, alternative residential facility, or state correctional | 35 |
institution and the person in charge of any state institution | 36 |
having custody of a person suspected of having committed a felony, | 37 |
any crime constituting a misdemeanor on the first offense and a | 38 |
felony on subsequent offenses, or any misdemeanor described in | 39 |
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised | 40 |
Code or having custody of a child under eighteen years of age with | 41 |
respect to whom there is probable cause to believe that the child | 42 |
may have committed an act that would be a felony or an offense of | 43 |
violence if committed by an adult shall furnish such material to | 44 |
the superintendent of the bureau. Fingerprints, photographs, or | 45 |
other descriptive information of a child who is under eighteen | 46 |
years of age, has not been arrested or otherwise taken into | 47 |
custody for committing an act that would be a felony or an offense | 48 |
of violence if committed by an adult, has not been adjudicated a | 49 |
delinquent child for committing an act that would be a felony or | 50 |
an offense of violence if committed by an adult, has not been | 51 |
convicted of or pleaded guilty to committing a felony or an | 52 |
offense of violence, and is not a child with respect to whom there | 53 |
is probable cause to believe that the child may have committed an | 54 |
act that would be a felony or an offense of violence if committed | 55 |
by an adult shall not be procured by the superintendent or | 56 |
furnished by any person in charge of any county, multicounty, | 57 |
municipal, municipal-county, or multicounty-municipal jail or | 58 |
workhouse, community-based correctional facility, halfway house, | 59 |
alternative residential facility, or state correctional | 60 |
institution, except as authorized in section 2151.313 of the | 61 |
Revised Code. | 62 |
(2) Every clerk of a court of record in this state, other | 63 |
than the supreme court or a court of appeals, shall send to the | 64 |
superintendent of the bureau a weekly report containing a summary | 65 |
of each case involving a felony, involving any crime constituting | 66 |
a misdemeanor on the first offense and a felony on subsequent | 67 |
offenses, involving a misdemeanor described in division (A)(1)(a) | 68 |
or (A)(10)(a) of section 109.572 of the Revised Code, or involving | 69 |
an adjudication in a case in which a child under eighteen years of | 70 |
age was alleged to be a delinquent child for committing an act | 71 |
that would be a felony or an offense of violence if committed by | 72 |
an adult. The clerk of the court of common pleas shall include in | 73 |
the report and summary the clerk sends under this division all | 74 |
information described in divisions (A)(2)(a) to (f) of this | 75 |
section regarding a case before the court of appeals that is | 76 |
served by that clerk. The summary shall be written on the standard | 77 |
forms furnished by the superintendent pursuant to division (B) of | 78 |
this section and shall include the following information: | 79 |
(a) The incident tracking number contained on the standard | 80 |
forms furnished by the superintendent pursuant to division (B) of | 81 |
this section; | 82 |
(b) The style and number of the case; | 83 |
(c) The date of arrest; | 84 |
(d) The date that the person was convicted of or pleaded | 85 |
guilty to the offense, adjudicated a delinquent child for | 86 |
committing the act that would be a felony or an offense of | 87 |
violence if committed by an adult, found not guilty of the | 88 |
offense, or found not to be a delinquent child for committing an | 89 |
act that would be a felony or an offense of violence if committed | 90 |
by an adult, the date of an entry dismissing the charge, an entry | 91 |
declaring a mistrial of the offense in which the person is | 92 |
discharged, an entry finding that the person or child is not | 93 |
competent to stand trial, or an entry of a nolle prosequi, or the | 94 |
date of any other determination that constitutes final resolution | 95 |
of the case; | 96 |
(e) A statement of the original charge with the section of | 97 |
the Revised Code that was alleged to be violated; | 98 |
(f) If the person or child was convicted, pleaded guilty, or | 99 |
was adjudicated a delinquent child, the sentence or terms of | 100 |
probation imposed or any other disposition of the offender or the | 101 |
delinquent child. | 102 |
If the offense involved the disarming of a law enforcement | 103 |
officer or an attempt to disarm a law enforcement officer, the | 104 |
clerk shall clearly state that fact in the summary, and the | 105 |
superintendent shall ensure that a clear statement of that fact is | 106 |
placed in the bureau's records. | 107 |
(3) The superintendent shall cooperate with and assist | 108 |
sheriffs, chiefs of police, and other law enforcement officers in | 109 |
the establishment of a complete system of criminal identification | 110 |
and in obtaining fingerprints and other means of identification of | 111 |
all persons arrested on a charge of a felony, any crime | 112 |
constituting a misdemeanor on the first offense and a felony on | 113 |
subsequent offenses, or a misdemeanor described in division | 114 |
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and | 115 |
of all children under eighteen years of age arrested or otherwise | 116 |
taken into custody for committing an act that would be a felony or | 117 |
an offense of violence if committed by an adult. The | 118 |
superintendent also shall file for record the fingerprint | 119 |
impressions of all persons confined in a county, multicounty, | 120 |
municipal, municipal-county, or multicounty-municipal jail or | 121 |
workhouse, community-based correctional facility, halfway house, | 122 |
alternative residential facility, or state correctional | 123 |
institution for the violation of state laws and of all children | 124 |
under eighteen years of age who are confined in a county, | 125 |
multicounty, municipal, municipal-county, or multicounty-municipal | 126 |
jail or workhouse, community-based correctional facility, halfway | 127 |
house, alternative residential facility, or state correctional | 128 |
institution or in any facility for delinquent children for | 129 |
committing an act that would be a felony or an offense of violence | 130 |
if committed by an adult, and any other information that the | 131 |
superintendent may receive from law enforcement officials of the | 132 |
state and its political subdivisions. | 133 |
(4) The superintendent shall carry out Chapter 2950. of the | 134 |
Revised Code with respect to the registration of persons who are | 135 |
convicted of or plead guilty to a sexually oriented offense or a | 136 |
child-victim oriented offense and with respect to all other duties | 137 |
imposed on the bureau under that chapter. | 138 |
(5) The bureau shall perform centralized recordkeeping | 139 |
functions for criminal history records and services in this state | 140 |
for purposes of the national crime prevention and privacy compact | 141 |
set forth in section 109.571 of the Revised Code and is the | 142 |
criminal history record repository as defined in that section for | 143 |
purposes of that compact. The superintendent or the | 144 |
superintendent's designee is the compact officer for purposes of | 145 |
that compact and shall carry out the responsibilities of the | 146 |
compact officer specified in that compact. | 147 |
(B) The superintendent shall prepare and furnish to every | 148 |
county, multicounty, municipal, municipal-county, or | 149 |
multicounty-municipal jail or workhouse, community-based | 150 |
correctional facility, halfway house, alternative residential | 151 |
facility, or state correctional institution and to every clerk of | 152 |
a court in this state specified in division (A)(2) of this section | 153 |
standard forms for reporting the information required under | 154 |
division (A) of this section. The standard forms that the | 155 |
superintendent prepares pursuant to this division may be in a | 156 |
tangible format, in an electronic format, or in both tangible | 157 |
formats and electronic formats. | 158 |
(C)(1) The superintendent may operate a center for | 159 |
electronic, automated, or other data processing for the storage | 160 |
and retrieval of information, data, and statistics pertaining to | 161 |
criminals and to children under eighteen years of age who are | 162 |
adjudicated delinquent children for committing an act that would | 163 |
be a felony or an offense of violence if committed by an adult, | 164 |
criminal activity, crime prevention, law enforcement, and criminal | 165 |
justice, and may establish and operate a statewide communications | 166 |
network to gather and disseminate information, data, and | 167 |
statistics for the use of law enforcement agencies and for other | 168 |
uses specified in this division. The superintendent may gather, | 169 |
store, retrieve, and disseminate information, data, and statistics | 170 |
that pertain to children who are under eighteen years of age and | 171 |
that are gathered pursuant to sections 109.57 to 109.61 of the | 172 |
Revised Code together with information, data, and statistics that | 173 |
pertain to adults and that are gathered pursuant to those | 174 |
sections. | 175 |
(2) The superintendent or the superintendent's designee shall | 176 |
gather information of the nature described in division (C)(1) of | 177 |
this section that pertains to the offense and delinquency history | 178 |
of a person who has been convicted of, pleaded guilty to, or been | 179 |
adjudicated a delinquent child for committing a sexually oriented | 180 |
offense or a child-victim oriented offense for inclusion in the | 181 |
state registry of sex offenders and child-victim offenders | 182 |
maintained pursuant to division (A)(1) of section 2950.13 of the | 183 |
Revised Code and in the internet database operated pursuant to | 184 |
division (A)(13) of that section and for possible inclusion in the | 185 |
internet database operated pursuant to division (A)(11) of that | 186 |
section. | 187 |
(3) In addition to any other authorized use of information, | 188 |
data, and statistics of the nature described in division (C)(1) | 189 |
of this section, the superintendent or the superintendent's | 190 |
designee may provide and exchange the information, data, and | 191 |
statistics pursuant to the national crime prevention and privacy | 192 |
compact as described in division (A)(5) of this section. | 193 |
(D) The information and materials furnished to the | 194 |
superintendent pursuant to division (A) of this section and | 195 |
information and materials furnished to any board or person under | 196 |
division (F) or (G) of this section are not public records under | 197 |
section 149.43 of the Revised Code. The superintendent or the | 198 |
superintendent's designee shall gather and retain information so | 199 |
furnished under division (A) of this section that pertains to the | 200 |
offense and delinquency history of a person who has been convicted | 201 |
of, pleaded guilty to, or been adjudicated a delinquent child for | 202 |
committing a sexually oriented offense or a child-victim oriented | 203 |
offense for the purposes described in division (C)(2) of this | 204 |
section. | 205 |
(E) The attorney general shall adopt rules, in accordance | 206 |
with Chapter 119. of the Revised Code, setting forth the procedure | 207 |
by which a person may receive or release information gathered by | 208 |
the superintendent pursuant to division (A) of this section. A | 209 |
reasonable fee may be charged for this service. If a temporary | 210 |
employment service submits a request for a determination of | 211 |
whether a person the service plans to refer to an employment | 212 |
position has been convicted of or pleaded guilty to an offense | 213 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 214 |
109.572 of the Revised Code, the request shall be treated as a | 215 |
single request and only one fee shall be charged. | 216 |
(F)(1) As used in division (F)(2) of this section, "head | 217 |
start agency" means an entity in this state that has been approved | 218 |
to be an agency for purposes of subchapter II of the "Community | 219 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 220 |
as amended. | 221 |
(2)(a) In addition to or in conjunction with any request that | 222 |
is required to be made under section 109.572, 2151.86, 3301.32, or | 223 |
3301.541, division (C) of section 3310.58, or section 3319.39, | 224 |
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, | 225 |
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of | 226 |
education of any school district; the director of mental | 227 |
retardation and developmental disabilities; any county board of | 228 |
mental retardation and developmental disabilities; any entity | 229 |
under contract with a county board of mental retardation and | 230 |
developmental disabilities; the chief administrator of any | 231 |
chartered nonpublic school; the chief administrator of a | 232 |
registered private provider that is not also a chartered nonpublic | 233 |
school; the chief administrator of any home health agency; the | 234 |
chief administrator of or person operating any child day-care | 235 |
center, type A family day-care home, or type B family day-care | 236 |
home licensed or certified under Chapter 5104. of the Revised | 237 |
Code; the administrator of any type C family day-care home | 238 |
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 239 |
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 240 |
general assembly; the chief administrator of any head start | 241 |
agency; the executive director of a public children services | 242 |
agency; or an employer described in division (A)(2) of section | 243 |
3319.391 or division (J)(2) of section 3327.10 of the Revised Code | 244 |
may request that the superintendent of the bureau investigate and | 245 |
determine, with respect to any individual who has applied for | 246 |
employment in any position after October 2, 1989, or any | 247 |
individual wishing to apply for employment with a board of | 248 |
education may request, with regard to the individual, whether the | 249 |
bureau has any information gathered under division (A) of this | 250 |
section that pertains to that individual. On receipt of the | 251 |
request, the superintendent shall determine whether that | 252 |
information exists and, upon request of the person, board, or | 253 |
entity requesting information, also shall request from the federal | 254 |
bureau of investigation any criminal records it has pertaining to | 255 |
that individual. The superintendent or the superintendent's | 256 |
designee also may request criminal history records from other | 257 |
states or the federal government pursuant to the national crime | 258 |
prevention and privacy compact set forth in section 109.571 of the | 259 |
Revised Code. Within thirty days of the date that the | 260 |
superintendent receives a request, the superintendent shall send | 261 |
to the board, entity, or person a report of any information that | 262 |
the superintendent determines exists, including information | 263 |
contained in records that have been sealed under section 2953.32 | 264 |
of the Revised Code, and, within thirty days of its receipt, shall | 265 |
send the board, entity, or person a report of any information | 266 |
received from the federal bureau of investigation, other than | 267 |
information the dissemination of which is prohibited by federal | 268 |
law. | 269 |
(b) When a board of education or a registered private | 270 |
provider is required to receive information under this section as | 271 |
a prerequisite to employment of an individual pursuant to | 272 |
division (C) of section 3310.58 or section 3319.39 of the Revised | 273 |
Code, it may accept a certified copy of records that were issued | 274 |
by the bureau of criminal identification and investigation and | 275 |
that are presented by an individual applying for employment with | 276 |
the district in lieu of requesting that information itself. In | 277 |
such a case, the board or provider shall accept the certified | 278 |
copy issued by the bureau in order to make a photocopy of it for | 279 |
that individual's employment application documents and shall | 280 |
return the certified copy to the individual. In a case of that | 281 |
nature, a district or provider only shall accept a certified copy | 282 |
of records of that nature within one year after the date of their | 283 |
issuance by the bureau. | 284 |
(3) The state board of education may request, with respect to | 285 |
any individual who has applied for employment after October 2, | 286 |
1989, in any position with the state board or the department of | 287 |
education, any information that a school district board of | 288 |
education is authorized to request under division (F)(2) of this | 289 |
section, and the superintendent of the bureau shall proceed as if | 290 |
the request has been received from a school district board of | 291 |
education under division (F)(2) of this section. | 292 |
(4) When the superintendent of the bureau receives a request | 293 |
for information under section 3319.291 of the Revised Code, the | 294 |
superintendent shall proceed as if the request has been received | 295 |
from a school district board of education under division (F)(2) of | 296 |
this section. | 297 |
(5) When a recipient of a classroom reading improvement grant | 298 |
paid under section 3301.86 of the Revised Code requests, with | 299 |
respect to any individual who applies to participate in providing | 300 |
any program or service funded in whole or in part by the grant, | 301 |
the information that a school district board of education is | 302 |
authorized to request under division (F)(2)(a) of this section, | 303 |
the superintendent of the bureau shall proceed as if the request | 304 |
has been received from a school district board of education under | 305 |
division (F)(2)(a) of this section. | 306 |
(G) In addition to or in conjunction with any request that is | 307 |
required to be made under section 3701.881, 3712.09, 3721.121, or | 308 |
3722.151 of the Revised Code with respect to an individual who has | 309 |
applied for employment in a position that involves providing | 310 |
direct care to an older adult, the chief administrator of a home | 311 |
health agency, hospice care program, home licensed under Chapter | 312 |
3721. of the Revised Code, adult day-care program operated | 313 |
pursuant to rules adopted under section 3721.04 of the Revised | 314 |
Code, or adult care facility may request that the superintendent | 315 |
of the bureau investigate and determine, with respect to any | 316 |
individual who has applied after January 27, 1997, for employment | 317 |
in a position that does not involve providing direct care to an | 318 |
older adult, whether the bureau has any information gathered under | 319 |
division (A) of this section that pertains to that individual. | 320 |
In addition to or in conjunction with any request that is | 321 |
required to be made under section 173.27 of the Revised Code with | 322 |
respect to an individual who has applied for employment in a | 323 |
position that involves providing ombudsperson services to | 324 |
residents of long-term care facilities or recipients of | 325 |
community-based long-term care services, the state long-term care | 326 |
ombudsperson, ombudsperson's designee, or director of health may | 327 |
request that the superintendent investigate and determine, with | 328 |
respect to any individual who has applied for employment in a | 329 |
position that does not involve providing such ombudsperson | 330 |
services, whether the bureau has any information gathered under | 331 |
division (A) of this section that pertains to that applicant. | 332 |
In addition to or in conjunction with any request that is | 333 |
required to be made under section 173.394 of the Revised Code with | 334 |
respect to an individual who has applied for employment in a | 335 |
position that involves providing direct care to an individual, the | 336 |
chief administrator of a community-based long-term care agency may | 337 |
request that the superintendent investigate and determine, with | 338 |
respect to any individual who has applied for employment in a | 339 |
position that does not involve providing direct care, whether the | 340 |
bureau has any information gathered under division (A) of this | 341 |
section that pertains to that applicant. | 342 |
On receipt of a request under this division, the | 343 |
superintendent shall determine whether that information exists | 344 |
and, on request of the individual requesting information, shall | 345 |
also request from the federal bureau of investigation any criminal | 346 |
records it has pertaining to the applicant. The superintendent or | 347 |
the superintendent's designee also may request criminal history | 348 |
records from other states or the federal government pursuant to | 349 |
the national crime prevention and privacy compact set forth in | 350 |
section 109.571 of the Revised Code. Within thirty days of the | 351 |
date a request is received, the superintendent shall send to the | 352 |
requester a report of any information determined to exist, | 353 |
including information contained in records that have been sealed | 354 |
under section 2953.32 of the Revised Code, and, within thirty days | 355 |
of its receipt, shall send the requester a report of any | 356 |
information received from the federal bureau of investigation, | 357 |
other than information the dissemination of which is prohibited by | 358 |
federal law. | 359 |
(H) Information obtained by a government entity or person | 360 |
under this section is confidential and shall not be released or | 361 |
disseminated. | 362 |
(I) The superintendent may charge a reasonable fee for | 363 |
providing information or criminal records under division (F)(2) or | 364 |
(G) of this section. | 365 |
(J) As used in this section | 366 |
(1) "Sexually oriented offense" and "child-victim oriented | 367 |
offense" have the same meanings as in section 2950.01 of the | 368 |
Revised Code. | 369 |
(2) "Registered private provider" means a nonpublic school | 370 |
or entity registered with the superintendent of public | 371 |
instruction under section 3310.41 of the Revised Code to | 372 |
participate in the autism scholarship program or section 3310.58 | 373 |
of the Revised Code to participate in the special education | 374 |
scholarship pilot program. | 375 |
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 376 |
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013 | 377 |
of the Revised Code, a completed form prescribed pursuant to | 378 |
division (C)(1) of this section, and a set of fingerprint | 379 |
impressions obtained in the manner described in division (C)(2) of | 380 |
this section, the superintendent of the bureau of criminal | 381 |
identification and investigation shall conduct a criminal records | 382 |
check in the manner described in division (B) of this section to | 383 |
determine whether any information exists that indicates that the | 384 |
person who is the subject of the request previously has been | 385 |
convicted of or pleaded guilty to any of the following: | 386 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 387 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 388 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 389 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 390 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 391 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 392 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 393 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 394 |
penetration in violation of former section 2907.12 of the Revised | 395 |
Code, a violation of section 2905.04 of the Revised Code as it | 396 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 397 |
the Revised Code that would have been a violation of section | 398 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 399 |
had the violation been committed prior to that date, or a | 400 |
violation of section 2925.11 of the Revised Code that is not a | 401 |
minor drug possession offense; | 402 |
(b) A violation of an existing or former law of this state, | 403 |
any other state, or the United States that is substantially | 404 |
equivalent to any of the offenses listed in division (A)(1)(a) of | 405 |
this section. | 406 |
(2) On receipt of a request pursuant to section 5123.081 of | 407 |
the Revised Code with respect to an applicant for employment in | 408 |
any position with the department of mental retardation and | 409 |
developmental disabilities, pursuant to section 5126.28 of the | 410 |
Revised Code with respect to an applicant for employment in any | 411 |
position with a county board of mental retardation and | 412 |
developmental disabilities, or pursuant to section 5126.281 of the | 413 |
Revised Code with respect to an applicant for employment in a | 414 |
direct services position with an entity contracting with a county | 415 |
board for employment, a completed form prescribed pursuant to | 416 |
division (C)(1) of this section, and a set of fingerprint | 417 |
impressions obtained in the manner described in division (C)(2) of | 418 |
this section, the superintendent of the bureau of criminal | 419 |
identification and investigation shall conduct a criminal records | 420 |
check. The superintendent shall conduct the criminal records check | 421 |
in the manner described in division (B) of this section to | 422 |
determine whether any information exists that indicates that the | 423 |
person who is the subject of the request has been convicted of or | 424 |
pleaded guilty to any of the following: | 425 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 426 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 427 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 428 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 429 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 430 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 431 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 432 |
2925.03, or 3716.11 of the Revised Code; | 433 |
(b) An existing or former municipal ordinance or law of this | 434 |
state, any other state, or the United States that is substantially | 435 |
equivalent to any of the offenses listed in division (A)(2)(a) of | 436 |
this section. | 437 |
(3) On receipt of a request pursuant to section 173.27, | 438 |
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 439 |
completed form prescribed pursuant to division (C)(1) of this | 440 |
section, and a set of fingerprint impressions obtained in the | 441 |
manner described in division (C)(2) of this section, the | 442 |
superintendent of the bureau of criminal identification and | 443 |
investigation shall conduct a criminal records check with respect | 444 |
to any person who has applied for employment in a position for | 445 |
which a criminal records check is required by those sections. The | 446 |
superintendent shall conduct the criminal records check in the | 447 |
manner described in division (B) of this section to determine | 448 |
whether any information exists that indicates that the person who | 449 |
is the subject of the request previously has been convicted of or | 450 |
pleaded guilty to any of the following: | 451 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 452 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 453 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 454 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 455 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 456 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 457 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 458 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 459 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 460 |
(b) An existing or former law of this state, any other state, | 461 |
or the United States that is substantially equivalent to any of | 462 |
the offenses listed in division (A)(3)(a) of this section. | 463 |
(4) On receipt of a request pursuant to section 3701.881 of | 464 |
the Revised Code with respect to an applicant for employment with | 465 |
a home health agency as a person responsible for the care, | 466 |
custody, or control of a child, a completed form prescribed | 467 |
pursuant to division (C)(1) of this section, and a set of | 468 |
fingerprint impressions obtained in the manner described in | 469 |
division (C)(2) of this section, the superintendent of the bureau | 470 |
of criminal identification and investigation shall conduct a | 471 |
criminal records check. The superintendent shall conduct the | 472 |
criminal records check in the manner described in division (B) of | 473 |
this section to determine whether any information exists that | 474 |
indicates that the person who is the subject of the request | 475 |
previously has been convicted of or pleaded guilty to any of the | 476 |
following: | 477 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 478 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 479 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 480 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 481 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 482 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 483 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 484 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 485 |
violation of section 2925.11 of the Revised Code that is not a | 486 |
minor drug possession offense; | 487 |
(b) An existing or former law of this state, any other state, | 488 |
or the United States that is substantially equivalent to any of | 489 |
the offenses listed in division (A)(4)(a) of this section. | 490 |
(5) On receipt of a request pursuant to section 5111.032, | 491 |
5111.033, or 5111.034 of the Revised Code, a completed form | 492 |
prescribed pursuant to division (C)(1) of this section, and a set | 493 |
of fingerprint impressions obtained in the manner described in | 494 |
division (C)(2) of this section, the superintendent of the bureau | 495 |
of criminal identification and investigation shall conduct a | 496 |
criminal records check. The superintendent shall conduct the | 497 |
criminal records check in the manner described in division (B) of | 498 |
this section to determine whether any information exists that | 499 |
indicates that the person who is the subject of the request | 500 |
previously has been convicted of, has pleaded guilty to, or has | 501 |
been found eligible for intervention in lieu of conviction for | 502 |
any of the following: | 503 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 504 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 505 |
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 506 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 507 |
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 508 |
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, | 509 |
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, | 510 |
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, | 511 |
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, | 512 |
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, | 513 |
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or | 514 |
3716.11 of the Revised Code, felonious sexual penetration in | 515 |
violation of former section 2907.12 of the Revised Code, a | 516 |
violation of section 2905.04 of the Revised Code as it existed | 517 |
prior to July 1, 1996, a violation of section 2919.23 of the | 518 |
Revised Code that would have been a violation of section 2905.04 | 519 |
of the Revised Code as it existed prior to July 1, 1996, had the | 520 |
violation been committed prior to that date; | 521 |
(b) An existing or former law of this state, any other state, | 522 |
or the United States that is substantially equivalent to any of | 523 |
the offenses listed in division (A)(5)(a) of this section. | 524 |
(6) On receipt of a request pursuant to section 3701.881 of | 525 |
the Revised Code with respect to an applicant for employment with | 526 |
a home health agency in a position that involves providing direct | 527 |
care to an older adult, a completed form prescribed pursuant to | 528 |
division (C)(1) of this section, and a set of fingerprint | 529 |
impressions obtained in the manner described in division (C)(2) of | 530 |
this section, the superintendent of the bureau of criminal | 531 |
identification and investigation shall conduct a criminal records | 532 |
check. The superintendent shall conduct the criminal records check | 533 |
in the manner described in division (B) of this section to | 534 |
determine whether any information exists that indicates that the | 535 |
person who is the subject of the request previously has been | 536 |
convicted of or pleaded guilty to any of the following: | 537 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 538 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 539 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 540 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 541 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 542 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 543 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 544 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 545 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 546 |
(b) An existing or former law of this state, any other state, | 547 |
or the United States that is substantially equivalent to any of | 548 |
the offenses listed in division (A)(6)(a) of this section. | 549 |
(7) When conducting a criminal records check upon a request | 550 |
pursuant to section 3319.39 of the Revised Code for an applicant | 551 |
who is a teacher, in addition to the determination made under | 552 |
division (A)(1) of this section, the superintendent shall | 553 |
determine whether any information exists that indicates that the | 554 |
person who is the subject of the request previously has been | 555 |
convicted of or pleaded guilty to any offense specified in section | 556 |
3319.31 of the Revised Code. | 557 |
(8) On receipt of a request pursuant to section 2151.86 of | 558 |
the Revised Code, a completed form prescribed pursuant to | 559 |
division (C)(1) of this section, and a set of fingerprint | 560 |
impressions obtained in the manner described in division (C)(2) | 561 |
of this section, the superintendent of the bureau of criminal | 562 |
identification and investigation shall conduct a criminal records | 563 |
check in the manner described in division (B) of this section to | 564 |
determine whether any information exists that indicates that the | 565 |
person who is the subject of the request previously has been | 566 |
convicted of or pleaded guilty to any of the following: | 567 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 568 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 569 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 570 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 571 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 572 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 573 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 574 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 575 |
violation of section 2905.04 of the Revised Code as it existed | 576 |
prior to July 1, 1996, a violation of section 2919.23 of the | 577 |
Revised Code that would have been a violation of section 2905.04 | 578 |
of the Revised Code as it existed prior to July 1, 1996, had the | 579 |
violation been committed prior to that date, a violation of | 580 |
section 2925.11 of the Revised Code that is not a minor drug | 581 |
possession offense, or felonious sexual penetration in violation | 582 |
of former section 2907.12 of the Revised Code; | 583 |
(b) A violation of an existing or former law of this state, | 584 |
any other state, or the United States that is substantially | 585 |
equivalent to any of the offenses listed in division (A)(8)(a) of | 586 |
this section. | 587 |
(9) When conducting a criminal records check on a request | 588 |
pursuant to section 5104.013 of the Revised Code for a person who | 589 |
is an owner, licensee, or administrator of a child day-care center | 590 |
or type A family day-care home, an authorized provider of a | 591 |
certified type B family day-care home, or an adult residing in a | 592 |
type A or certified type B home, or when conducting a criminal | 593 |
records check or a request pursuant to section 5104.012 of the | 594 |
Revised Code for a person who is an applicant for employment in a | 595 |
center, type A home, or certified type B home, the superintendent, | 596 |
in addition to the determination made under division (A)(1) of | 597 |
this section, shall determine whether any information exists that | 598 |
indicates that the person has been convicted of or pleaded guilty | 599 |
to any of the following: | 600 |
(a) A violation of section 2913.02, 2913.03, 2913.04, | 601 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 602 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 603 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, | 604 |
2921.13, or 2923.01 of the Revised Code, a violation of section | 605 |
2923.02 or 2923.03 of the Revised Code that relates to a crime | 606 |
specified in this division or division (A)(1)(a) of this section, | 607 |
or a second violation of section 4511.19 of the Revised Code | 608 |
within five years of the date of application for licensure or | 609 |
certification. | 610 |
(b) A violation of an existing or former law of this state, | 611 |
any other state, or the United States that is substantially | 612 |
equivalent to any of the offenses or violations described in | 613 |
division (A)(9)(a) of this section. | 614 |
(10) Upon receipt of a request pursuant to section 5153.111 | 615 |
of the Revised Code, a completed form prescribed pursuant to | 616 |
division (C)(1) of this section, and a set of fingerprint | 617 |
impressions obtained in the manner described in division (C)(2) of | 618 |
this section, the superintendent of the bureau of criminal | 619 |
identification and investigation shall conduct a criminal records | 620 |
check in the manner described in division (B) of this section to | 621 |
determine whether any information exists that indicates that the | 622 |
person who is the subject of the request previously has been | 623 |
convicted of or pleaded guilty to any of the following: | 624 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 625 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 626 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 627 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 628 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 629 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 630 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 631 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 632 |
felonious sexual penetration in violation of former section | 633 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 634 |
Revised Code as it existed prior to July 1, 1996, a violation of | 635 |
section 2919.23 of the Revised Code that would have been a | 636 |
violation of section 2905.04 of the Revised Code as it existed | 637 |
prior to July 1, 1996, had the violation been committed prior to | 638 |
that date, or a violation of section 2925.11 of the Revised Code | 639 |
that is not a minor drug possession offense; | 640 |
(b) A violation of an existing or former law of this state, | 641 |
any other state, or the United States that is substantially | 642 |
equivalent to any of the offenses listed in division (A)(10)(a) of | 643 |
this section. | 644 |
(11) On receipt of a request for a criminal records check | 645 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 646 |
Revised Code, accompanied by a completed copy of the form | 647 |
prescribed in division (C)(1) of this section and a set of | 648 |
fingerprint impressions obtained in a manner described in division | 649 |
(C)(2) of this section, the superintendent of the bureau of | 650 |
criminal identification and investigation shall conduct a criminal | 651 |
records check in the manner described in division (B) of this | 652 |
section to determine whether any information exists indicating | 653 |
that the person who is the subject of the request has been | 654 |
convicted of or pleaded guilty to a felony in this state or in any | 655 |
other state. If the individual indicates that a firearm will be | 656 |
carried in the course of business, the superintendent shall | 657 |
require information from the federal bureau of investigation as | 658 |
described in division (B)(2) of this section. The superintendent | 659 |
shall report the findings of the criminal records check and any | 660 |
information the federal bureau of investigation provides to the | 661 |
director of public safety. | 662 |
(12) On receipt of a request pursuant to section 1322.03, | 663 |
1322.031, or 4763.05 of the Revised Code, a completed form | 664 |
prescribed pursuant to division (C)(1) of this section, and a set | 665 |
of fingerprint impressions obtained in the manner described in | 666 |
division (C)(2) of this section, the superintendent of the bureau | 667 |
of criminal identification and investigation shall conduct a | 668 |
criminal records check with respect to any person who has applied | 669 |
for a license, permit, or certification from the department of | 670 |
commerce or a division in the department. The superintendent shall | 671 |
conduct the criminal records check in the manner described in | 672 |
division (B) of this section to determine whether any information | 673 |
exists that indicates that the person who is the subject of the | 674 |
request previously has been convicted of or pleaded guilty to any | 675 |
of the following: a violation of section 2913.02, 2913.11, | 676 |
2913.31, 2913.51, or 2925.03 of the Revised Code; any other | 677 |
criminal offense involving theft, receiving stolen property, | 678 |
embezzlement, forgery, fraud, passing bad checks, money | 679 |
laundering, or drug trafficking, or any criminal offense involving | 680 |
money or securities, as set forth in Chapters 2909., 2911., 2913., | 681 |
2915., 2921., 2923., and 2925. of the Revised Code; or any | 682 |
existing or former law of this state, any other state, or the | 683 |
United States that is substantially equivalent to those offenses. | 684 |
(13) On receipt of a request for a criminal records check | 685 |
from the treasurer of state under section 113.041 of the Revised | 686 |
Code or from an individual under section 4701.08, 4715.101, | 687 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 688 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 689 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 690 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 691 |
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied | 692 |
by a completed form prescribed under division (C)(1) of this | 693 |
section and a set of fingerprint impressions obtained in the | 694 |
manner described in division (C)(2) of this section, the | 695 |
superintendent of the bureau of criminal identification and | 696 |
investigation shall conduct a criminal records check in the | 697 |
manner described in division (B) of this section to determine | 698 |
whether any information exists that indicates that the person who | 699 |
is the subject of the request has been convicted of or pleaded | 700 |
guilty to any criminal offense in this state or any other state. | 701 |
The superintendent shall send the results of a check requested | 702 |
under section 113.041 of the Revised Code to the treasurer of | 703 |
state and shall send the results of a check requested under any of | 704 |
the other listed sections to the licensing board specified by the | 705 |
individual in the request. | 706 |
(14) Not later than thirty days after the date the | 707 |
superintendent receives a request of a type described in division | 708 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or | 709 |
(12) of this section, the completed form, and the fingerprint | 710 |
impressions, the superintendent shall send the person, board, or | 711 |
entity that made the request any information, other than | 712 |
information the dissemination of which is prohibited by federal | 713 |
law, the superintendent determines exists with respect to the | 714 |
person who is the subject of the request that indicates that the | 715 |
person previously has been convicted of or pleaded guilty to any | 716 |
offense listed or described in division (A)(1), (2), (3), (4), | 717 |
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as | 718 |
appropriate. The superintendent shall send the person, board, or | 719 |
entity that made the request a copy of the list of offenses | 720 |
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), | 721 |
(9), (10), (11), or (12) of this section, as appropriate. If the | 722 |
request was made under section 3701.881 of the Revised Code with | 723 |
regard to an applicant who may be both responsible for the care, | 724 |
custody, or control of a child and involved in providing direct | 725 |
care to an older adult, the superintendent shall provide a list of | 726 |
the offenses specified in divisions (A)(4) and (6) of this | 727 |
section. | 728 |
Not later than thirty days after the superintendent receives | 729 |
a request for a criminal records check pursuant to section 113.041 | 730 |
of the Revised Code, the completed form, and the fingerprint | 731 |
impressions, the superintendent shall send the treasurer of state | 732 |
any information, other than information the dissemination of which | 733 |
is prohibited by federal law, the superintendent determines exist | 734 |
with respect to the person who is the subject of the request that | 735 |
indicates that the person previously has been convicted of or | 736 |
pleaded guilty to any criminal offense in this state or any other | 737 |
state. | 738 |
(B) The superintendent shall conduct any criminal records | 739 |
check requested under section 113.041, 121.08, 173.27, 173.394, | 740 |
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 741 |
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061, | 742 |
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, | 743 |
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, | 744 |
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, | 745 |
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 746 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 747 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 748 |
5126.281, or 5153.111 of the Revised Code as follows: | 749 |
(1) The superintendent shall review or cause to be reviewed | 750 |
any relevant information gathered and compiled by the bureau under | 751 |
division (A) of section 109.57 of the Revised Code that relates to | 752 |
the person who is the subject of the request, including any | 753 |
relevant information contained in records that have been sealed | 754 |
under section 2953.32 of the Revised Code; | 755 |
(2) If the request received by the superintendent asks for | 756 |
information from the federal bureau of investigation, the | 757 |
superintendent shall request from the federal bureau of | 758 |
investigation any information it has with respect to the person | 759 |
who is the subject of the request and shall review or cause to be | 760 |
reviewed any information the superintendent receives from that | 761 |
bureau. | 762 |
(3) The superintendent or the superintendent's designee may | 763 |
request criminal history records from other states or the federal | 764 |
government pursuant to the national crime prevention and privacy | 765 |
compact set forth in section 109.571 of the Revised Code. | 766 |
(C)(1) The superintendent shall prescribe a form to obtain | 767 |
the information necessary to conduct a criminal records check from | 768 |
any person for whom a criminal records check is requested under | 769 |
section 113.041 of the Revised Code or required by section | 770 |
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32, | 771 |
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 772 |
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, | 773 |
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, | 774 |
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, | 775 |
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, | 776 |
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, | 777 |
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, | 778 |
5126.28, 5126.281, or 5153.111 of the Revised Code. The form | 779 |
that the superintendent prescribes pursuant to this division may | 780 |
be in a tangible format, in an electronic format, or in both | 781 |
tangible and electronic formats. | 782 |
(2) The superintendent shall prescribe standard impression | 783 |
sheets to obtain the fingerprint impressions of any person for | 784 |
whom a criminal records check is requested under section 113.041 | 785 |
of the Revised Code or required by section 121.08, 173.27, | 786 |
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, | 787 |
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101, | 788 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 789 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 790 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 791 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 792 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 793 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 794 |
5126.281, or 5153.111 of the Revised Code. Any person for whom a | 795 |
records check is requested under or required by any of those | 796 |
sections shall obtain the fingerprint impressions at a county | 797 |
sheriff's office, municipal police department, or any other | 798 |
entity with the ability to make fingerprint impressions on the | 799 |
standard impression sheets prescribed by the superintendent. The | 800 |
office, department, or entity may charge the person a reasonable | 801 |
fee for making the impressions. The standard impression sheets the | 802 |
superintendent prescribes pursuant to this division may be in a | 803 |
tangible format, in an electronic format, or in both tangible and | 804 |
electronic formats. | 805 |
(3) Subject to division (D) of this section, the | 806 |
superintendent shall prescribe and charge a reasonable fee for | 807 |
providing a criminal records check requested under section | 808 |
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, | 809 |
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 810 |
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, | 811 |
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, | 812 |
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, | 813 |
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, | 814 |
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, | 815 |
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032, | 816 |
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of | 817 |
the Revised Code. The person making a criminal records request | 818 |
under section 113.041, 121.08, 173.27, 173.394, 1322.03, | 819 |
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 820 |
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061, | 821 |
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, | 822 |
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, | 823 |
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, | 824 |
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 825 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 826 |
5104.013, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or | 827 |
5153.111 of the Revised Code shall pay the fee prescribed | 828 |
pursuant to this division. A person making a request under | 829 |
section 3701.881 of the Revised Code for a criminal records | 830 |
check for an applicant who may be both responsible for the care, | 831 |
custody, or control of a child and involved in providing direct | 832 |
care to an older adult shall pay one fee for the request. In the | 833 |
case of a request under section 5111.032 of the Revised Code, | 834 |
the fee shall be paid in the manner specified in that section. | 835 |
(4) The superintendent of the bureau of criminal | 836 |
identification and investigation may prescribe methods of | 837 |
forwarding fingerprint impressions and information necessary to | 838 |
conduct a criminal records check, which methods shall include, but | 839 |
not be limited to, an electronic method. | 840 |
(D) A determination whether any information exists that | 841 |
indicates that a person previously has been convicted of or | 842 |
pleaded guilty to any offense listed or described in division | 843 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 844 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or | 845 |
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this | 846 |
section, or that indicates that a person previously has been | 847 |
convicted of or pleaded guilty to any criminal offense in this | 848 |
state or any other state regarding a criminal records check of a | 849 |
type described in division (A)(13) of this section, and that is | 850 |
made by the superintendent with respect to information | 851 |
considered in a criminal records check in accordance with this | 852 |
section is valid for the person who is the subject of the | 853 |
criminal records check for a period of one year from the date | 854 |
upon which the superintendent makes the determination. During the | 855 |
period in which the determination in regard to a person is valid, | 856 |
if another request under this section is made for a criminal | 857 |
records check for that person, the superintendent shall provide | 858 |
the information that is the basis for the superintendent's | 859 |
initial determination at a lower fee than the fee prescribed for | 860 |
the initial criminal records check. | 861 |
(E) When the superintendent receives a request for | 862 |
information from a registered private provider, the superintendent | 863 |
shall proceed as if the request was received from a school | 864 |
district board of education under section 3319.39 of the Revised | 865 |
Code. The superintendent shall apply division (A)(7) of this | 866 |
section to any such request for an applicant who is a teacher. | 867 |
(F) As used in this section: | 868 |
(1) "Criminal records check" means any criminal records check | 869 |
conducted by the superintendent of the bureau of criminal | 870 |
identification and investigation in accordance with division (B) | 871 |
of this section. | 872 |
(2) "Minor drug possession offense" has the same meaning as | 873 |
in section 2925.01 of the Revised Code. | 874 |
(3) "Older adult" means a person age sixty or older. | 875 |
(4) "Registered private provider" means a nonpublic school | 876 |
or entity registered with the superintendent of public instruction | 877 |
under section 3310.41 of the Revised Code to participate in the | 878 |
autism scholarship program or section 3310.58 of the Revised Code | 879 |
to participate in the special education scholarship pilot | 880 |
program. | 881 |
Sec. 3301.0714. (A) The state board of education shall adopt | 882 |
rules for a statewide education management information system. The | 883 |
rules shall require the state board to establish guidelines for | 884 |
the establishment and maintenance of the system in accordance with | 885 |
this section and the rules adopted under this section. The | 886 |
guidelines shall include: | 887 |
(1) Standards identifying and defining the types of data in | 888 |
the system in accordance with divisions (B) and (C) of this | 889 |
section; | 890 |
(2) Procedures for annually collecting and reporting the data | 891 |
to the state board in accordance with division (D) of this | 892 |
section; | 893 |
(3) Procedures for annually compiling the data in accordance | 894 |
with division (G) of this section; | 895 |
(4) Procedures for annually reporting the data to the public | 896 |
in accordance with division (H) of this section. | 897 |
(B) The guidelines adopted under this section shall require | 898 |
the data maintained in the education management information system | 899 |
to include at least the following: | 900 |
(1) Student participation and performance data, for each | 901 |
grade in each school district as a whole and for each grade in | 902 |
each school building in each school district, that includes: | 903 |
(a) The numbers of students receiving each category of | 904 |
instructional service offered by the school district, such as | 905 |
regular education instruction, vocational education instruction, | 906 |
specialized instruction programs or enrichment instruction that is | 907 |
part of the educational curriculum, instruction for gifted | 908 |
students, instruction for students with disabilities, and | 909 |
remedial instruction. The guidelines shall require instructional | 910 |
services under this division to be divided into discrete | 911 |
categories if an instructional service is limited to a specific | 912 |
subject, a specific type of student, or both, such as regular | 913 |
instructional services in mathematics, remedial reading | 914 |
instructional services, instructional services specifically for | 915 |
students gifted in mathematics or some other subject area, or | 916 |
instructional services for students with a specific type of | 917 |
disability. The categories of instructional services required by | 918 |
the guidelines under this division shall be the same as the | 919 |
categories of instructional services used in determining cost | 920 |
units pursuant to division (C)(3) of this section. | 921 |
(b) The numbers of students receiving support or | 922 |
extracurricular services for each of the support services or | 923 |
extracurricular programs offered by the school district, such as | 924 |
counseling services, health services, and extracurricular sports | 925 |
and fine arts programs. The categories of services required by the | 926 |
guidelines under this division shall be the same as the categories | 927 |
of services used in determining cost units pursuant to division | 928 |
(C)(4)(a) of this section. | 929 |
(c) Average student grades in each subject in grades nine | 930 |
through twelve; | 931 |
(d) Academic achievement levels as assessed by the testing of | 932 |
student achievement under sections 3301.0710 and 3301.0711 of the | 933 |
Revised Code; | 934 |
(e) The number of students designated as having a disabling | 935 |
condition pursuant to division (C)(1) of section 3301.0711 of the | 936 |
Revised Code; | 937 |
(f) The numbers of students reported to the state board | 938 |
pursuant to division (C)(2) of section 3301.0711 of the Revised | 939 |
Code; | 940 |
(g) Attendance rates and the average daily attendance for the | 941 |
year. For purposes of this division, a student shall be counted as | 942 |
present for any field trip that is approved by the school | 943 |
administration. | 944 |
(h) Expulsion rates; | 945 |
(i) Suspension rates; | 946 |
(j) The percentage of students receiving corporal punishment; | 947 |
(k) Dropout rates; | 948 |
(l) Rates of retention in grade; | 949 |
(m) For pupils in grades nine through twelve, the average | 950 |
number of carnegie units, as calculated in accordance with state | 951 |
board of education rules; | 952 |
(n) Graduation rates, to be calculated in a manner specified | 953 |
by the department of education that reflects the rate at which | 954 |
students who were in the ninth grade three years prior to the | 955 |
current year complete school and that is consistent with | 956 |
nationally accepted reporting requirements; | 957 |
(o) Results of diagnostic assessments administered to | 958 |
kindergarten students as required under section 3301.0715 of the | 959 |
Revised Code to permit a comparison of the academic readiness of | 960 |
kindergarten students. However, no district shall be required to | 961 |
report to the department the results of any diagnostic assessment | 962 |
administered to a kindergarten student if the parent of that | 963 |
student requests the district not to report those results. | 964 |
(2) Personnel and classroom enrollment data for each school | 965 |
district, including: | 966 |
(a) The total numbers of licensed employees and nonlicensed | 967 |
employees and the numbers of full-time equivalent licensed | 968 |
employees and nonlicensed employees providing each category of | 969 |
instructional service, instructional support service, and | 970 |
administrative support service used pursuant to division (C)(3) of | 971 |
this section. The guidelines adopted under this section shall | 972 |
require these categories of data to be maintained for the school | 973 |
district as a whole and, wherever applicable, for each grade in | 974 |
the school district as a whole, for each school building as a | 975 |
whole, and for each grade in each school building. | 976 |
(b) The total number of employees and the number of full-time | 977 |
equivalent employees providing each category of service used | 978 |
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 979 |
total numbers of licensed employees and nonlicensed employees and | 980 |
the numbers of full-time equivalent licensed employees and | 981 |
nonlicensed employees providing each category used pursuant to | 982 |
division (C)(4)(c) of this section. The guidelines adopted under | 983 |
this section shall require these categories of data to be | 984 |
maintained for the school district as a whole and, wherever | 985 |
applicable, for each grade in the school district as a whole, for | 986 |
each school building as a whole, and for each grade in each school | 987 |
building. | 988 |
(c) The total number of regular classroom teachers teaching | 989 |
classes of regular education and the average number of pupils | 990 |
enrolled in each such class, in each of grades kindergarten | 991 |
through five in the district as a whole and in each school | 992 |
building in the school district. | 993 |
(d) The number of master teachers employed by each school | 994 |
district and each school building, once a definition of master | 995 |
teacher has been developed by the educator standards board | 996 |
pursuant to section 3319.61 of the Revised Code. | 997 |
(3)(a) Student demographic data for each school district, | 998 |
including information regarding the gender ratio of the school | 999 |
district's pupils, the racial make-up of the school district's | 1000 |
pupils, the number of limited English proficient students in the | 1001 |
district, and an appropriate measure of the number of the school | 1002 |
district's pupils who reside in economically disadvantaged | 1003 |
households. The demographic data shall be collected in a manner to | 1004 |
allow correlation with data collected under division (B)(1) of | 1005 |
this section. Categories for data collected pursuant to division | 1006 |
(B)(3) of this section shall conform, where appropriate, to | 1007 |
standard practices of agencies of the federal government. | 1008 |
(b) With respect to each student entering kindergarten, | 1009 |
whether the student previously participated in a public preschool | 1010 |
program, a private preschool program, or a head start program, and | 1011 |
the number of years the student participated in each of these | 1012 |
programs. | 1013 |
(4) Any data required to be collected pursuant to federal | 1014 |
law. | 1015 |
(C) The education management information system shall include | 1016 |
cost accounting data for each district as a whole and for each | 1017 |
school building in each school district. The guidelines adopted | 1018 |
under this section shall require the cost data for each school | 1019 |
district to be maintained in a system of mutually exclusive cost | 1020 |
units and shall require all of the costs of each school district | 1021 |
to be divided among the cost units. The guidelines shall require | 1022 |
the system of mutually exclusive cost units to include at least | 1023 |
the following: | 1024 |
(1) Administrative costs for the school district as a whole. | 1025 |
The guidelines shall require the cost units under this division | 1026 |
(C)(1) to be designed so that each of them may be compiled and | 1027 |
reported in terms of average expenditure per pupil in formula ADM | 1028 |
in the school district, as determined pursuant to section 3317.03 | 1029 |
of the Revised Code. | 1030 |
(2) Administrative costs for each school building in the | 1031 |
school district. The guidelines shall require the cost units under | 1032 |
this division (C)(2) to be designed so that each of them may be | 1033 |
compiled and reported in terms of average expenditure per | 1034 |
full-time equivalent pupil receiving instructional or support | 1035 |
services in each building. | 1036 |
(3) Instructional services costs for each category of | 1037 |
instructional service provided directly to students and required | 1038 |
by guidelines adopted pursuant to division (B)(1)(a) of this | 1039 |
section. The guidelines shall require the cost units under | 1040 |
division (C)(3) of this section to be designed so that each of | 1041 |
them may be compiled and reported in terms of average expenditure | 1042 |
per pupil receiving the service in the school district as a whole | 1043 |
and average expenditure per pupil receiving the service in each | 1044 |
building in the school district and in terms of a total cost for | 1045 |
each category of service and, as a breakdown of the total cost, a | 1046 |
cost for each of the following components: | 1047 |
(a) The cost of each instructional services category required | 1048 |
by guidelines adopted under division (B)(1)(a) of this section | 1049 |
that is provided directly to students by a classroom teacher; | 1050 |
(b) The cost of the instructional support services, such as | 1051 |
services provided by a speech-language pathologist, classroom | 1052 |
aide, multimedia aide, or librarian, provided directly to students | 1053 |
in conjunction with each instructional services category; | 1054 |
(c) The cost of the administrative support services related | 1055 |
to each instructional services category, such as the cost of | 1056 |
personnel that develop the curriculum for the instructional | 1057 |
services category and the cost of personnel supervising or | 1058 |
coordinating the delivery of the instructional services category. | 1059 |
(4) Support or extracurricular services costs for each | 1060 |
category of service directly provided to students and required by | 1061 |
guidelines adopted pursuant to division (B)(1)(b) of this section. | 1062 |
The guidelines shall require the cost units under division (C)(4) | 1063 |
of this section to be designed so that each of them may be | 1064 |
compiled and reported in terms of average expenditure per pupil | 1065 |
receiving the service in the school district as a whole and | 1066 |
average expenditure per pupil receiving the service in each | 1067 |
building in the school district and in terms of a total cost for | 1068 |
each category of service and, as a breakdown of the total cost, a | 1069 |
cost for each of the following components: | 1070 |
(a) The cost of each support or extracurricular services | 1071 |
category required by guidelines adopted under division (B)(1)(b) | 1072 |
of this section that is provided directly to students by a | 1073 |
licensed employee, such as services provided by a guidance | 1074 |
counselor or any services provided by a licensed employee under a | 1075 |
supplemental contract; | 1076 |
(b) The cost of each such services category provided directly | 1077 |
to students by a nonlicensed employee, such as janitorial | 1078 |
services, cafeteria services, or services of a sports trainer; | 1079 |
(c) The cost of the administrative services related to each | 1080 |
services category in division (C)(4)(a) or (b) of this section, | 1081 |
such as the cost of any licensed or nonlicensed employees that | 1082 |
develop, supervise, coordinate, or otherwise are involved in | 1083 |
administering or aiding the delivery of each services category. | 1084 |
(D)(1) The guidelines adopted under this section shall | 1085 |
require school districts to collect information about individual | 1086 |
students, staff members, or both in connection with any data | 1087 |
required by division (B) or (C) of this section or other reporting | 1088 |
requirements established in the Revised Code. The guidelines may | 1089 |
also require school districts to report information about | 1090 |
individual staff members in connection with any data required by | 1091 |
division (B) or (C) of this section or other reporting | 1092 |
requirements established in the Revised Code. The guidelines shall | 1093 |
not authorize school districts to request social security numbers | 1094 |
of individual students. The guidelines shall prohibit the | 1095 |
reporting under this section of a student's name, address, and | 1096 |
social security number to the state board of education or the | 1097 |
department of education. The guidelines shall also prohibit the | 1098 |
reporting under this section of any personally identifiable | 1099 |
information about any student, except for the purpose of assigning | 1100 |
the data verification code required by division (D)(2) of this | 1101 |
section, to any other person unless such person is employed by the | 1102 |
school district or the information technology center operated | 1103 |
under section 3301.075 of the Revised Code and is authorized by | 1104 |
the district or technology center to have access to such | 1105 |
information or is employed by an entity with which the department | 1106 |
contracts for the scoring of tests administered under section | 1107 |
3301.0711 or 3301.0712 of the Revised Code. The guidelines may | 1108 |
require school districts to provide the social security numbers of | 1109 |
individual staff members. | 1110 |
(2) The guidelines shall provide for each school district or | 1111 |
community school to assign a data verification code that is unique | 1112 |
on a statewide basis over time to each student whose initial Ohio | 1113 |
enrollment is in that district or school and to report all | 1114 |
required individual student data for that student utilizing such | 1115 |
code. The guidelines shall also provide for assigning data | 1116 |
verification codes to all students enrolled in districts or | 1117 |
community schools on the effective date of the guidelines | 1118 |
established under this section. | 1119 |
Individual student data shall be reported to the department | 1120 |
through the information technology centers utilizing the code but, | 1121 |
except as provided in | 1122 |
Revised Code, at no time shall the state board or the department | 1123 |
have access to information that would enable any data verification | 1124 |
code to be matched to personally identifiable student data. | 1125 |
Each school district shall ensure that the data verification | 1126 |
code is included in the student's records reported to any | 1127 |
subsequent school district or community school in which the | 1128 |
student enrolls. Any such subsequent district or school shall | 1129 |
utilize the same identifier in its reporting of data under this | 1130 |
section. | 1131 |
The director of health shall request and receive, pursuant to | 1132 |
sections 3301.0723 and 3701.62 of the Revised Code, a data | 1133 |
verification code for a child who is receiving services under | 1134 |
division (A)(2) of section 3701.61 of the Revised Code. | 1135 |
(E) The guidelines adopted under this section may require | 1136 |
school districts to collect and report data, information, or | 1137 |
reports other than that described in divisions (A), (B), and (C) | 1138 |
of this section for the purpose of complying with other reporting | 1139 |
requirements established in the Revised Code. The other data, | 1140 |
information, or reports may be maintained in the education | 1141 |
management information system but are not required to be compiled | 1142 |
as part of the profile formats required under division (G) of this | 1143 |
section or the annual statewide report required under division (H) | 1144 |
of this section. | 1145 |
(F) Beginning with the school year that begins July 1, 1991, | 1146 |
the board of education of each school district shall annually | 1147 |
collect and report to the state board, in accordance with the | 1148 |
guidelines established by the board, the data required pursuant to | 1149 |
this section. A school district may collect and report these data | 1150 |
notwithstanding section 2151.357 or 3319.321 of the Revised Code. | 1151 |
(G) The state board shall, in accordance with the procedures | 1152 |
it adopts, annually compile the data reported by each school | 1153 |
district pursuant to division (D) of this section. The state board | 1154 |
shall design formats for profiling each school district as a whole | 1155 |
and each school building within each district and shall compile | 1156 |
the data in accordance with these formats. These profile formats | 1157 |
shall: | 1158 |
(1) Include all of the data gathered under this section in a | 1159 |
manner that facilitates comparison among school districts and | 1160 |
among school buildings within each school district; | 1161 |
(2) Present the data on academic achievement levels as | 1162 |
assessed by the testing of student achievement maintained pursuant | 1163 |
to division (B)(1)(d) of this section. | 1164 |
(H)(1) The state board shall, in accordance with the | 1165 |
procedures it adopts, annually prepare a statewide report for all | 1166 |
school districts and the general public that includes the profile | 1167 |
of each of the school districts developed pursuant to division (G) | 1168 |
of this section. Copies of the report shall be sent to each school | 1169 |
district. | 1170 |
(2) The state board shall, in accordance with the procedures | 1171 |
it adopts, annually prepare an individual report for each school | 1172 |
district and the general public that includes the profiles of each | 1173 |
of the school buildings in that school district developed pursuant | 1174 |
to division (G) of this section. Copies of the report shall be | 1175 |
sent to the superintendent of the district and to each member of | 1176 |
the district board of education. | 1177 |
(3) Copies of the reports received from the state board under | 1178 |
divisions (H)(1) and (2) of this section shall be made available | 1179 |
to the general public at each school district's offices. Each | 1180 |
district board of education shall make copies of each report | 1181 |
available to any person upon request and payment of a reasonable | 1182 |
fee for the cost of reproducing the report. The board shall | 1183 |
annually publish in a newspaper of general circulation in the | 1184 |
school district, at least twice during the two weeks prior to the | 1185 |
week in which the reports will first be available, a notice | 1186 |
containing the address where the reports are available and the | 1187 |
date on which the reports will be available. | 1188 |
(I) Any data that is collected or maintained pursuant to this | 1189 |
section and that identifies an individual pupil is not a public | 1190 |
record for the purposes of section 149.43 of the Revised Code. | 1191 |
(J) As used in this section: | 1192 |
(1) "School district" means any city, local, exempted | 1193 |
village, or joint vocational school district and, in accordance | 1194 |
with section 3314.17 of the Revised Code, any community school. As | 1195 |
used in division (L) of this section, "school district" also | 1196 |
includes any educational service center or other educational | 1197 |
entity required to submit data using the system established under | 1198 |
this section. | 1199 |
(2) "Cost" means any expenditure for operating expenses made | 1200 |
by a school district excluding any expenditures for debt | 1201 |
retirement except for payments made to any commercial lending | 1202 |
institution for any loan approved pursuant to section 3313.483 of | 1203 |
the Revised Code. | 1204 |
(K) Any person who removes data from the information system | 1205 |
established under this section for the purpose of releasing it to | 1206 |
any person not entitled under law to have access to such | 1207 |
information is subject to section 2913.42 of the Revised Code | 1208 |
prohibiting tampering with data. | 1209 |
(L)(1) In accordance with division (L)(2) of this section and | 1210 |
the rules adopted under division (L)(10) of this section, the | 1211 |
department of education may sanction any school district that | 1212 |
reports incomplete or inaccurate data, reports data that does not | 1213 |
conform to data requirements and descriptions published by the | 1214 |
department, fails to report data in a timely manner, or otherwise | 1215 |
does not make a good faith effort to report data as required by | 1216 |
this section. | 1217 |
(2) If the department decides to sanction a school district | 1218 |
under this division, the department shall take the following | 1219 |
sequential actions: | 1220 |
(a) Notify the district in writing that the department has | 1221 |
determined that data has not been reported as required under this | 1222 |
section and require the district to review its data submission and | 1223 |
submit corrected data by a deadline established by the department. | 1224 |
The department also may require the district to develop a | 1225 |
corrective action plan, which shall include provisions for the | 1226 |
district to provide mandatory staff training on data reporting | 1227 |
procedures. | 1228 |
(b) Withhold up to ten per cent of the total amount of state | 1229 |
funds due to the district for the current fiscal year and, if not | 1230 |
previously required under division (L)(2)(a) of this section, | 1231 |
require the district to develop a corrective action plan in | 1232 |
accordance with that division; | 1233 |
(c) Withhold an additional amount of up to twenty per cent of | 1234 |
the total amount of state funds due to the district for the | 1235 |
current fiscal year; | 1236 |
(d) Direct department staff or an outside entity to | 1237 |
investigate the district's data reporting practices and make | 1238 |
recommendations for subsequent actions. The recommendations may | 1239 |
include one or more of the following actions: | 1240 |
(i) Arrange for an audit of the district's data reporting | 1241 |
practices by department staff or an outside entity; | 1242 |
(ii) Conduct a site visit and evaluation of the district; | 1243 |
(iii) Withhold an additional amount of up to thirty per cent | 1244 |
of the total amount of state funds due to the district for the | 1245 |
current fiscal year; | 1246 |
(iv) Continue monitoring the district's data reporting; | 1247 |
(v) Assign department staff to supervise the district's data | 1248 |
management system; | 1249 |
(vi) Conduct an investigation to determine whether to suspend | 1250 |
or revoke the license of any district employee in accordance with | 1251 |
division (N) of this section; | 1252 |
(vii) If the district is issued a report card under section | 1253 |
3302.03 of the Revised Code, indicate on the report card that the | 1254 |
district has been sanctioned for failing to report data as | 1255 |
required by this section; | 1256 |
(viii) If the district is issued a report card under section | 1257 |
3302.03 of the Revised Code and incomplete or inaccurate data | 1258 |
submitted by the district likely caused the district to receive a | 1259 |
higher performance rating than it deserved under that section, | 1260 |
issue a revised report card for the district; | 1261 |
(ix) Any other action designed to correct the district's data | 1262 |
reporting problems. | 1263 |
(3) Any time the department takes an action against a school | 1264 |
district under division (L)(2) of this section, the department | 1265 |
shall make a report of the circumstances that prompted the action. | 1266 |
The department shall send a copy of the report to the district | 1267 |
superintendent or chief administrator and maintain a copy of the | 1268 |
report in its files. | 1269 |
(4) If any action taken under division (L)(2) of this section | 1270 |
resolves a school district's data reporting problems to the | 1271 |
department's satisfaction, the department shall not take any | 1272 |
further actions described by that division. If the department | 1273 |
withheld funds from the district under that division, the | 1274 |
department may release those funds to the district, except that if | 1275 |
the department withheld funding under division (L)(2)(c) of this | 1276 |
section, the department shall not release the funds withheld under | 1277 |
division (L)(2)(b) of this section and, if the department withheld | 1278 |
funding under division (L)(2)(d) of this section, the department | 1279 |
shall not release the funds withheld under division (L)(2)(b) or | 1280 |
(c) of this section. | 1281 |
(5) Notwithstanding anything in this section to the contrary, | 1282 |
the department may use its own staff or an outside entity to | 1283 |
conduct an audit of a school district's data reporting practices | 1284 |
any time the department has reason to believe the district has not | 1285 |
made a good faith effort to report data as required by this | 1286 |
section. If any audit conducted by an outside entity under | 1287 |
division (L)(2)(d)(i) or (5) of this section confirms that a | 1288 |
district has not made a good faith effort to report data as | 1289 |
required by this section, the district shall reimburse the | 1290 |
department for the full cost of the audit. The department may | 1291 |
withhold state funds due to the district for this purpose. | 1292 |
(6) Prior to issuing a revised report card for a school | 1293 |
district under division (L)(2)(d)(viii) of this section, the | 1294 |
department may hold a hearing to provide the district with an | 1295 |
opportunity to demonstrate that it made a good faith effort to | 1296 |
report data as required by this section. The hearing shall be | 1297 |
conducted by a referee appointed by the department. Based on the | 1298 |
information provided in the hearing, the referee shall recommend | 1299 |
whether the department should issue a revised report card for the | 1300 |
district. If the referee affirms the department's contention that | 1301 |
the district did not make a good faith effort to report data as | 1302 |
required by this section, the district shall bear the full cost of | 1303 |
conducting the hearing and of issuing any revised report card. | 1304 |
(7) If the department determines that any inaccurate data | 1305 |
reported under this section caused a school district to receive | 1306 |
excess state funds in any fiscal year, the district shall | 1307 |
reimburse the department an amount equal to the excess funds, in | 1308 |
accordance with a payment schedule determined by the department. | 1309 |
The department may withhold state funds due to the district for | 1310 |
this purpose. | 1311 |
(8) Any school district that has funds withheld under | 1312 |
division (L)(2) of this section may appeal the withholding in | 1313 |
accordance with Chapter 119. of the Revised Code. | 1314 |
(9) In all cases of a disagreement between the department and | 1315 |
a school district regarding the appropriateness of an action taken | 1316 |
under division (L)(2) of this section, the burden of proof shall | 1317 |
be on the district to demonstrate that it made a good faith effort | 1318 |
to report data as required by this section. | 1319 |
(10) The state board of education shall adopt rules under | 1320 |
Chapter 119. of the Revised Code to implement division (L) of this | 1321 |
section. | 1322 |
(M) No information technology center or school district shall | 1323 |
acquire, change, or update its student administration software | 1324 |
package to manage and report data required to be reported to the | 1325 |
department unless it converts to a student software package that | 1326 |
is certified by the department. | 1327 |
(N) The state board of education, in accordance with sections | 1328 |
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 1329 |
license as defined under division (A) of section 3319.31 of the | 1330 |
Revised Code that has been issued to any school district employee | 1331 |
found to have willfully reported erroneous, inaccurate, or | 1332 |
incomplete data to the education management information system. | 1333 |
(O) No person shall release or maintain any information about | 1334 |
any student in violation of this section. Whoever violates this | 1335 |
division is guilty of a misdemeanor of the fourth degree. | 1336 |
(P) The department shall disaggregate the data collected | 1337 |
under division (B)(1)(o) of this section according to the race and | 1338 |
socioeconomic status of the students assessed. No data collected | 1339 |
under that division shall be included on the report cards required | 1340 |
by section 3302.03 of the Revised Code. | 1341 |
(Q) If the department cannot compile any of the information | 1342 |
required by division (C)(5) of section 3302.03 of the Revised Code | 1343 |
based upon the data collected under this section, the department | 1344 |
shall develop a plan and a reasonable timeline for the collection | 1345 |
of any data necessary to comply with that division. | 1346 |
Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the | 1347 |
Revised Code: | 1348 |
(A) "Alternative public provider" means either of the | 1349 |
following providers that agrees to enroll a child in the | 1350 |
provider's special education program to implement the child's | 1351 |
individualized education program and to which the eligible | 1352 |
applicant owes fees for the services provided to the child: | 1353 |
(1) A school district that is not the school district in | 1354 |
which the child is entitled to attend school or the child's school | 1355 |
district of residence, if different; | 1356 |
(2) A public entity other than a school district. | 1357 |
(B) "Applicable special education weight" means the multiple | 1358 |
specified in section 3317.013 of the Revised Code for a disability | 1359 |
described in that section. | 1360 |
(C) "Category one through six special education ADM" means | 1361 |
the respective categories prescribed in divisions (F)(1) to (6) of | 1362 |
section 3317.02 of the Revised Code. | 1363 |
(D) "Child with a disability" and "individualized education | 1364 |
program" have the same meanings as in section 3323.01 of the | 1365 |
Revised Code. | 1366 |
(E) "Eligible applicant" means any of the following: | 1367 |
(1) Either of the natural or adoptive parents of a qualified | 1368 |
special education child, except as otherwise specified in this | 1369 |
division. When the marriage of the natural or adoptive parents of | 1370 |
the student has been terminated by a divorce, dissolution of | 1371 |
marriage, or annulment, or when the natural or adoptive parents of | 1372 |
the student are living separate and apart under a legal separation | 1373 |
decree, and a court has issued an order allocating the parental | 1374 |
rights and responsibilities with respect to the child, "eligible | 1375 |
applicant" means the residential parent as designated by the | 1376 |
court. If the court issues a shared parenting decree, "eligible | 1377 |
applicant" means either parent. "Eligible applicant" does not mean | 1378 |
a parent whose custodial rights have been terminated. | 1379 |
(2) The custodian of a qualified special education child, | 1380 |
when a court has granted temporary, legal, or permanent custody of | 1381 |
the child to an individual other than either of the natural or | 1382 |
adoptive parents of the child or to a government agency; | 1383 |
(3) The guardian of a qualified special education child, when | 1384 |
a court has appointed a guardian for the child; | 1385 |
(4) The grandparent of a qualified special education child, | 1386 |
when the grandparent is the child's attorney in fact under a power | 1387 |
of attorney executed under sections 3109.51 to 3109.62 of the | 1388 |
Revised Code or when the grandparent has executed a caregiver | 1389 |
authorization affidavit under sections 3109.65 to 3109.73 of the | 1390 |
Revised Code; | 1391 |
(5) The surrogate parent appointed for a qualified special | 1392 |
education child pursuant to division (B) of section 3323.05 and | 1393 |
section 3323.051 of the Revised Code; | 1394 |
(6) A qualified special education child, if the child does | 1395 |
not have a custodian or guardian and the child is at least | 1396 |
eighteen years of age. | 1397 |
(F) "Entitled to attend school" means entitled to attend | 1398 |
school in a school district under sections 3313.64 and 3313.65 of | 1399 |
the Revised Code. | 1400 |
(G) "Formula ADM" and "formula amount" have the same meanings | 1401 |
as in section 3317.02 of the Revised Code. | 1402 |
(H) "Qualified special education child" is a child for whom | 1403 |
all of the following conditions apply: | 1404 |
(1) The child is at least five years of age and less than | 1405 |
twenty-two years of age; | 1406 |
(2) The school district in which the child is entitled to | 1407 |
attend school, or the child's school district of residence if | 1408 |
different, has identified the child as a child with a disability; | 1409 |
(3) The school district in which the child is entitled to | 1410 |
attend school, or the child's school district of residence if | 1411 |
different, has developed an individualized education program under | 1412 |
Chapter 3323. of the Revised Code for the child; | 1413 |
(4) The child either: | 1414 |
(a) Was enrolled in the schools of the school district in | 1415 |
which the child is entitled to attend school in any grade from | 1416 |
kindergarten through twelve in the school year prior to the school | 1417 |
year in which a scholarship is first sought for the child; | 1418 |
(b) Is eligible to enter school in any grade kindergarten | 1419 |
through twelve in the school district in which the child is | 1420 |
entitled to attend school in the school year in which a | 1421 |
scholarship is first sought for the child. | 1422 |
(5) The department of education has not approved a | 1423 |
scholarship for the child under the autism scholarship program | 1424 |
under section 3310.41 of the Revised Code for the same school year | 1425 |
in which a scholarship under the special education scholarship | 1426 |
pilot program is sought. | 1427 |
(I) "Registered private provider" means a nonpublic school or | 1428 |
other nonpublic entity that has been registered by the | 1429 |
superintendent of public instruction under section 3310.58 of the | 1430 |
Revised Code. | 1431 |
(J) "Scholarship" means a scholarship awarded under the | 1432 |
special education scholarship pilot program pursuant to sections | 1433 |
3310.51 to 3310.64 of the Revised Code. | 1434 |
(K) "School district of residence" has the same meaning as in | 1435 |
section 3323.01 of the Revised Code. A community school | 1436 |
established under Chapter 3314. of the Revised Code is not a | 1437 |
"school district of residence" for purposes of sections 3310.51 to | 1438 |
3310.64 of the Revised Code. | 1439 |
(L) "School year" has the same meaning as in section 3313.62 | 1440 |
of the Revised Code. | 1441 |
(M) "Special education program" means a school or facility | 1442 |
that provides special education and related services to children | 1443 |
with disabilities. | 1444 |
Sec. 3310.52. (A) The special education scholarship pilot | 1445 |
program is hereby established. Under the program, in fiscal years | 1446 |
2010 through 2015, subject to division (B) of this section, the | 1447 |
department of education annually shall pay a scholarship to an | 1448 |
eligible applicant for services provided by an alternative public | 1449 |
provider or a registered private provider for a qualified special | 1450 |
education child. The scholarship shall be used only to pay all or | 1451 |
part of the fees for the child to attend the special education | 1452 |
program operated by the alternative public provider or registered | 1453 |
private provider to implement the child's individualized | 1454 |
education program, in lieu of the child's attending the special | 1455 |
education program operated by the school district in which the | 1456 |
child is entitled to attend school, and other services agreed to | 1457 |
by the provider and eligible applicant that are not included in | 1458 |
the individualized education program but are associated with | 1459 |
educating the child. Upon agreement with the eligible applicant, | 1460 |
the alternative public provider or registered private provider | 1461 |
may modify the services provided to the child. | 1462 |
(B) The number of scholarships awarded under the pilot | 1463 |
program in any fiscal year shall not exceed three per cent of the | 1464 |
total number of students residing in the state identified as | 1465 |
children with disabilities during the previous fiscal year. | 1466 |
(C) No scholarship or renewal of a scholarship shall be | 1467 |
awarded to an eligible applicant on behalf of a qualified special | 1468 |
education child for the next school year, unless on or before the | 1469 |
fifteenth day of April the eligible applicant completes the | 1470 |
application for the scholarship or renewal, in the manner | 1471 |
prescribed by the department, and notifies the school district in | 1472 |
which the child is entitled to attend school that the eligible | 1473 |
applicant has applied for the scholarship or renewal. | 1474 |
Sec. 3310.521. (A) As a condition of receiving payments for a | 1475 |
scholarship, each eligible applicant shall attest to receipt of | 1476 |
the profile prescribed by division (B) of this section. Such | 1477 |
attestation shall be made and submitted to the department of | 1478 |
education in the form and manner as required by the department. | 1479 |
(B) The alternative public provider or registered private | 1480 |
provider that enrolls a qualified special education child shall | 1481 |
submit in writing to the eligible applicant to whom a scholarship | 1482 |
is awarded on behalf of that child a profile of the provider's | 1483 |
special education program, in a form as prescribed by the | 1484 |
department, that shall contain all of the following: | 1485 |
(1) Information regarding the financial status of the | 1486 |
provider; | 1487 |
(2) Methods of instruction that will be utilized by the | 1488 |
provider to provide services to the qualified special education | 1489 |
child; | 1490 |
(3) Qualifications of teachers, instructors, and other | 1491 |
persons who will be engaged by the provider to provide services to | 1492 |
the qualified special education child; | 1493 |
(4) Results of the evaluation of the academic program of the | 1494 |
provider; | 1495 |
(5) Any other information required by the department. | 1496 |
Sec. 3310.53. (A) Except for development of the child's | 1497 |
individualized education program, as specified in division (B) of | 1498 |
this section, the school district in which a qualified special | 1499 |
education child is entitled to attend school and the child's | 1500 |
school district of residence, if different, are not obligated to | 1501 |
provide the child with a free appropriate public education under | 1502 |
Chapter 3323. of the Revised Code for as long as the child | 1503 |
continues to attend the special education program operated by | 1504 |
either an alternative public provider or a registered private | 1505 |
provider for which a scholarship is awarded under the special | 1506 |
education scholarship pilot program. If at any time, the eligible | 1507 |
applicant for the child decides no longer to accept scholarship | 1508 |
payments and enrolls the child in the special education program of | 1509 |
the school district in which the child is entitled to attend | 1510 |
school, that district shall provide the child with a free | 1511 |
appropriate public education under Chapter 3323. of the Revised | 1512 |
Code. | 1513 |
(B) Each eligible applicant and each qualified special | 1514 |
education child have a continuing right to the development of an | 1515 |
individualized education program for the child that complies with | 1516 |
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and | 1517 |
administrative rules or guidelines adopted by the Ohio department | 1518 |
of education or the United States department of education. The | 1519 |
school district in which a qualified special education child is | 1520 |
entitled to attend school, or the child's school district of | 1521 |
residence if different, shall develop each individualized | 1522 |
education program for the child in accordance with those | 1523 |
provisions. | 1524 |
(C) Each school district shall notify an eligible applicant | 1525 |
of the applicant's and qualified special education child's rights | 1526 |
under sections 3310.51 to 3310.64 of the Revised Code by providing | 1527 |
to each eligible applicant the comparison document prescribed in | 1528 |
section 3323.052 of the Revised Code. An eligible applicant's | 1529 |
receipt of that document, as acknowledged in a format prescribed | 1530 |
by the department of education, shall constitute notice that the | 1531 |
eligible applicant has been informed of those rights. Upon receipt | 1532 |
of that document, subsequent acceptance of a scholarship | 1533 |
constitutes the eligible applicant's informed consent to the | 1534 |
provisions of sections 3310.51 to 3310.64 of the Revised Code. | 1535 |
Sec. 3310.54. As prescribed in divisions (A)(2)(h), | 1536 |
(B)(3)(g), and (B)(5) to (10) of section 3317.03 of the Revised | 1537 |
Code, a qualified special education child in any of grades | 1538 |
kindergarten through twelve for whom a scholarship is awarded | 1539 |
under the special education scholarship pilot program shall be | 1540 |
counted in the formula ADM and category one through six special | 1541 |
education ADM, as appropriate, of the school district in which the | 1542 |
child is entitled to attend school. A qualified special education | 1543 |
child shall not be counted in the formula ADM or category one | 1544 |
through six special education ADM of any other school district. | 1545 |
Sec. 3310.55. The department of education shall deduct from | 1546 |
a school district's state education aid, as defined in section | 1547 |
3317.02 of the Revised Code, and, if necessary, from its payment | 1548 |
under sections 321.24 and 323.156 of the Revised Code, the | 1549 |
aggregate amount of scholarships paid under section 3310.57 of the | 1550 |
Revised Code for qualified special education children included in | 1551 |
the formula ADM and the category one through six special education | 1552 |
ADM of that school district. | 1553 |
Sec. 3310.56. The amount of the scholarship awarded and paid | 1554 |
to an eligible applicant for services for a qualified special | 1555 |
education child under the special education scholarship pilot | 1556 |
program in each school year shall be the least of the following: | 1557 |
(A) The amount of fees charged for that school year by the | 1558 |
alternative public provider or registered private provider; | 1559 |
(B) The sum of the amounts calculated under divisions (B)(1) | 1560 |
and (2) of this section: | 1561 |
(1) The sum of the formula amount plus the per pupil amount | 1562 |
of the base funding supplements specified in divisions (C)(1) to | 1563 |
(4) of section 3317.012 of the Revised Code; | 1564 |
(2) The formula amount times the applicable special education | 1565 |
weight for the child's disability; | 1566 |
(C) Twenty thousand dollars. | 1567 |
Sec. 3310.57. The department of education shall make | 1568 |
periodic payments to an eligible applicant for services for each | 1569 |
qualified special education child for whom a scholarship has been | 1570 |
awarded. The total of all payments made to an applicant in each | 1571 |
school year shall not exceed the amount calculated for the child | 1572 |
under section 3310.56 of the Revised Code. | 1573 |
The scholarship amount shall be proportionately reduced in | 1574 |
the case of a child who is not enrolled in the special education | 1575 |
program of an alternative public provider or a registered private | 1576 |
provider for the entire school year. | 1577 |
In accordance with division (A) of section 3310.62 of the | 1578 |
Revised Code, the department shall make no payments to an | 1579 |
applicant for a first-time scholarship for a qualified special | 1580 |
education child while any administrative or judicial mediation or | 1581 |
proceedings with respect to the content of the child's | 1582 |
individualized education program are pending. | 1583 |
Sec. 3310.58. No nonpublic school or entity shall receive | 1584 |
payments from an eligible applicant for services for a qualified | 1585 |
special education child under the special education scholarship | 1586 |
pilot program until the school or entity registers with the | 1587 |
superintendent of public instruction. The superintendent shall | 1588 |
register and designate as a registered private provider any | 1589 |
nonpublic school or entity that meets the following requirements: | 1590 |
(A) The special education program operated by the school or | 1591 |
entity meets the minimum education standards established by the | 1592 |
state board of education. | 1593 |
(B) The school or entity complies with the antidiscrimination | 1594 |
provisions of 42 U.S.C. 2000d, regardless of whether the school or | 1595 |
entity receives federal financial assistance. | 1596 |
(C) If the school or entity is not chartered by the state | 1597 |
board under section 3301.16 of the Revised Code, the school or | 1598 |
entity agrees to comply with section 3319.39 of the Revised Code | 1599 |
as if it were a school district. | 1600 |
(D) The teaching and nonteaching professionals employed by | 1601 |
the school or entity, or employed by any subcontractors of the | 1602 |
school or entity, hold credentials determined by the state board | 1603 |
to be appropriate for the qualified special education children | 1604 |
enrolled in the special education program it operates. | 1605 |
(E) The school or entity meets applicable health and safety | 1606 |
standards established by law for school buildings. | 1607 |
(F) The school or entity agrees to retain on file | 1608 |
documentation as required by the department of education. | 1609 |
(G) The school or entity demonstrates fiscal soundness to the | 1610 |
satisfaction of the department. | 1611 |
(H) The school or entity agrees to provide a record of the | 1612 |
implementation of the individualized education program for each | 1613 |
qualified special education child enrolled in the school's or | 1614 |
entity's special education program, including evaluation of the | 1615 |
child's progress, to the school district in which the child is | 1616 |
entitled to attend school, in the form and manner prescribed by | 1617 |
the department. | 1618 |
(I) The school or entity agrees that, if it declines to | 1619 |
enroll a particular qualified special education child, it will | 1620 |
notify in writing the eligible applicant of its reasons for | 1621 |
declining to enroll the child. | 1622 |
(J) The school or entity agrees to meet other requirements | 1623 |
established by rule of the state board under section 3310.64 of | 1624 |
the Revised Code. | 1625 |
Sec. 3310.59. The superintendent of public instruction shall | 1626 |
revoke the registration of any school or entity if, after a | 1627 |
hearing, the superintendent determines that the school or entity | 1628 |
is in violation of any provision of section 3310.58 of the Revised | 1629 |
Code. | 1630 |
Sec. 3310.60. A qualified special education child attending | 1631 |
a special education program at an alternative public provider or a | 1632 |
registered private provider with a scholarship shall be entitled | 1633 |
to transportation to and from that program in the manner | 1634 |
prescribed by law for any child with a disability attending a | 1635 |
nonpublic special education program. | 1636 |
Sec. 3310.61. An eligible applicant on behalf of a child who | 1637 |
currently attends a public special education program under a | 1638 |
contract, compact, or other bilateral agreement, or on behalf of a | 1639 |
child who currently attends a community school, shall not be | 1640 |
prohibited from applying for and accepting a scholarship so that | 1641 |
the applicant may withdraw the child from that program or | 1642 |
community school and use the scholarship for the child to attend a | 1643 |
special education program operated by an alternative public | 1644 |
provider or a registered private provider. | 1645 |
Sec. 3310.62. (A) A scholarship under the special education | 1646 |
scholarship pilot program shall not be awarded for the first time | 1647 |
to an eligible applicant on behalf of a qualified special | 1648 |
education child while the child's individualized education program | 1649 |
is being developed by the school district in which the child is | 1650 |
entitled to attend school, or by the child's school district of | 1651 |
residence if different, or while any administrative or judicial | 1652 |
mediation or proceedings with respect to the content of that | 1653 |
individualized education program are pending. | 1654 |
(B) Development of individualized education programs | 1655 |
subsequent to the one developed for the child the first time a | 1656 |
scholarship was awarded on behalf of the child and the | 1657 |
prosecuting, by the eligible applicant on behalf of the child, of | 1658 |
administrative or judicial mediation or proceedings with respect | 1659 |
to any of those subsequent individualized education programs do | 1660 |
not affect the applicant's and the child's continued eligibility | 1661 |
for scholarship payments. | 1662 |
(C) In the case of any child for whom a scholarship has been | 1663 |
awarded, if the school district in which the child is entitled to | 1664 |
attend school has agreed to provide some services for the child | 1665 |
under an agreement entered into with the eligible applicant or | 1666 |
with the alternative public provider or registered private | 1667 |
provider implementing the child's individualized education | 1668 |
program, or if the district is required by law to provide some | 1669 |
services for the child, including transportation services under | 1670 |
sections 3310.60 and 3327.01 of the Revised Code, the district | 1671 |
shall not discontinue the services it is providing pending | 1672 |
completion of any administrative proceedings regarding those | 1673 |
services. The prosecuting, by the eligible applicant on behalf of | 1674 |
the child, of administrative proceedings regarding the services | 1675 |
provided by the district does not affect the applicant's and the | 1676 |
child's continued eligibility for scholarship payments. | 1677 |
(D) The department of education shall continue to make | 1678 |
payments to the eligible applicant under section 3310.57 of the | 1679 |
Revised Code while either of the following are pending: | 1680 |
(1) Administrative or judicial mediation or proceedings with | 1681 |
respect to a subsequent individualized education program for the | 1682 |
child referred to in division (B) of this section; | 1683 |
(2) Administrative proceedings regarding services provided by | 1684 |
the district under division (C) of this section. | 1685 |
Sec. 3310.63. (A) Only for the purpose of administering the | 1686 |
special education scholarship pilot program, the department of | 1687 |
education may request from any of the following entities the data | 1688 |
verification code assigned under division (D)(2) of section | 1689 |
3301.0714 of the Revised Code to any qualified special education | 1690 |
child for whom a scholarship is sought under the program: | 1691 |
(1) The school district in which the child is entitled to | 1692 |
attend school; | 1693 |
(2) If applicable, the community school in which the child is | 1694 |
enrolled; | 1695 |
(3) The independent contractor engaged to create and maintain | 1696 |
data verification codes. | 1697 |
(B) Upon a request by the department under division (A) of | 1698 |
this section for the data verification code of a qualified special | 1699 |
education child or a request by the eligible applicant for the | 1700 |
child for that code, the school district or community school | 1701 |
shall submit that code to the department or applicant in the | 1702 |
manner specified by the department. If the child has not been | 1703 |
assigned a code, because the child will be entering kindergarten | 1704 |
during the school year for which the scholarship is sought, the | 1705 |
district shall assign a code to that child and submit the code to | 1706 |
the department or applicant by a date specified by the | 1707 |
department. If the district does not assign a code to the child | 1708 |
by the specified date, the department shall assign a code to the | 1709 |
child. | 1710 |
The department annually shall submit to each school district | 1711 |
the name and data verification code of each child residing in the | 1712 |
district who is entering kindergarten, who has been awarded a | 1713 |
scholarship under the program, and for whom the department has | 1714 |
assigned a code under this division. | 1715 |
(C) The department shall not release any data verification | 1716 |
code that it receives under this section to any person except as | 1717 |
provided by law. | 1718 |
(D) Any document relative to the special education | 1719 |
scholarship pilot program that the department holds in its files | 1720 |
that contains both a qualified special education child's name or | 1721 |
other personally identifiable information and the child's data | 1722 |
verification code shall not be a public record under section | 1723 |
149.43 of the Revised Code. | 1724 |
Sec. 3310.64. The state board of education shall adopt rules | 1725 |
in accordance with Chapter 119. of the Revised Code prescribing | 1726 |
procedures necessary to implement sections 3310.51 to 3310.62 of | 1727 |
the Revised Code including, but not limited to, procedures for | 1728 |
parents to apply for scholarships, standards for registered | 1729 |
private providers, and procedures for registration of private | 1730 |
providers. | 1731 |
Sec. 3317.022. (A)(1) The department of education shall | 1732 |
compute and distribute state base cost funding to each eligible | 1733 |
school district for the fiscal year, using the information | 1734 |
obtained under section 3317.021 of the Revised Code in the | 1735 |
calendar year in which the fiscal year begins, according to the | 1736 |
following formula: | 1737 |
1738 | |
1739 | |
1740 | |
1741 | |
1742 | |
1743 | |
1744 | |
1745 | |
1746 | |
If the difference obtained is a negative number, the | 1747 |
district's computation shall be zero. | 1748 |
(2)(a) For each school district for which the tax exempt | 1749 |
value of the district equals or exceeds twenty-five per cent of | 1750 |
the potential value of the district, the department of education | 1751 |
shall calculate the difference between the district's tax exempt | 1752 |
value and twenty-five per cent of the district's potential value. | 1753 |
(b) For each school district to which division (A)(2)(a) of | 1754 |
this section applies, the department shall adjust the recognized | 1755 |
valuation used in the calculation under division (A)(1) of this | 1756 |
section by subtracting from it the amount calculated under | 1757 |
division (A)(2)(a) of this section. | 1758 |
(B) As used in this section: | 1759 |
(1) The "total special education weight" for a district means | 1760 |
the sum of the following amounts: | 1761 |
(a) The district's category one special education ADM | 1762 |
multiplied by the multiple specified in division (A) of section | 1763 |
3317.013 of the Revised Code; | 1764 |
(b) The district's category two special education ADM | 1765 |
multiplied by the multiple specified in division (B) of section | 1766 |
3317.013 of the Revised Code; | 1767 |
(c) The district's category three special education ADM | 1768 |
multiplied by the multiple specified in division (C) of section | 1769 |
3317.013 of the Revised Code; | 1770 |
(d) The district's category four special education ADM | 1771 |
multiplied by the multiple specified in division (D) of section | 1772 |
3317.013 of the Revised Code; | 1773 |
(e) The district's category five special education ADM | 1774 |
multiplied by the multiple specified in division (E) of section | 1775 |
3317.013 of the Revised Code; | 1776 |
(f) The district's category six special education ADM | 1777 |
multiplied by the multiple specified in division (F) of section | 1778 |
3317.013 of the Revised Code. | 1779 |
(2) "State share percentage" means the percentage calculated | 1780 |
for a district as follows: | 1781 |
(a) Calculate the state base cost funding amount for the | 1782 |
district for the fiscal year under division (A) of this section. | 1783 |
If the district would not receive any state base cost funding for | 1784 |
that year under that division, the district's state share | 1785 |
percentage is zero. | 1786 |
(b) If the district would receive state base cost funding | 1787 |
under that division, divide that amount by an amount equal to the | 1788 |
following: | 1789 |
1790 | |
1791 | |
1792 | |
1793 | |
1794 | |
1795 | |
The resultant number is the district's state share | 1796 |
percentage. | 1797 |
(3) "Related services" includes: | 1798 |
(a) Child study, special education supervisors and | 1799 |
coordinators, speech and hearing services, adaptive physical | 1800 |
development services, occupational or physical therapy, teacher | 1801 |
assistants for children with disabilities whose disabilities are | 1802 |
described in division (B) of section 3317.013 or division (F)(3) | 1803 |
of section 3317.02 of the Revised Code, behavioral intervention, | 1804 |
interpreter services, work study, nursing services, and | 1805 |
specialized integrative services as those terms are defined by | 1806 |
the department; | 1807 |
(b) Speech and language services provided to any student with | 1808 |
a disability, including any student whose primary or only | 1809 |
disability is a speech and language disability; | 1810 |
(c) Any related service not specifically covered by other | 1811 |
state funds but specified in federal law, including but not | 1812 |
limited to, audiology and school psychological services; | 1813 |
(d) Any service included in units funded under former | 1814 |
division (O)(1) of section 3317.024 of the Revised Code; | 1815 |
(e) Any other related service needed by children with | 1816 |
disabilities in accordance with their individualized education | 1817 |
programs. | 1818 |
(4) The "total vocational education weight" for a district | 1819 |
means the sum of the following amounts: | 1820 |
(a) The district's category one vocational education ADM | 1821 |
multiplied by the multiple specified in division (A) of section | 1822 |
3317.014 of the Revised Code; | 1823 |
(b) The district's category two vocational education ADM | 1824 |
multiplied by the multiple specified in division (B) of section | 1825 |
3317.014 of the Revised Code. | 1826 |
(5) "Preschool scholarship ADM" means the number of | 1827 |
preschool children with disabilities reported under division | 1828 |
(B)(3)(h) of section 3317.03 of the Revised Code. | 1829 |
(C)(1) The department shall compute and distribute state | 1830 |
special education and related services additional weighted costs | 1831 |
funds to each school district in accordance with the following | 1832 |
formula: | 1833 |
1834 | |
1835 | |
1836 | |
1837 | |
(2) The attributed local share of special education and | 1838 |
related services additional weighted costs equals: | 1839 |
1840 | |
1841 | |
(3)(a) The department shall compute and pay in accordance | 1842 |
with this division additional state aid to school districts for | 1843 |
students in categories two through six special education ADM. If a | 1844 |
district's costs for the fiscal year for a student in its | 1845 |
categories two through six special education ADM exceed the | 1846 |
threshold catastrophic cost for serving the student, the district | 1847 |
may submit to the superintendent of public instruction | 1848 |
documentation, as prescribed by the superintendent, of all its | 1849 |
costs for that student. Upon submission of documentation for a | 1850 |
student of the type and in the manner prescribed, the department | 1851 |
shall pay to the district an amount equal to the sum of the | 1852 |
following: | 1853 |
(i) One-half of the district's costs for the student in | 1854 |
excess of the threshold catastrophic cost; | 1855 |
(ii) The product of one-half of the district's costs for the | 1856 |
student in excess of the threshold catastrophic cost multiplied by | 1857 |
the district's state share percentage. | 1858 |
(b) For purposes of division (C)(3)(a) of this section, the | 1859 |
threshold catastrophic cost for serving a student equals: | 1860 |
(i) For a student in the school district's category two, | 1861 |
three, four, or five special education ADM, twenty-seven thousand | 1862 |
three hundred seventy-five dollars in fiscal years 2008 and 2009; | 1863 |
(ii) For a student in the district's category six special | 1864 |
education ADM, thirty-two thousand eight hundred fifty dollars in | 1865 |
fiscal years 2008 and 2009. | 1866 |
(c) The district shall only report under division (C)(3)(a) | 1867 |
of this section, and the department shall only pay for, the costs | 1868 |
of educational expenses and the related services provided to the | 1869 |
student in accordance with the student's individualized education | 1870 |
program. Any legal fees, court costs, or other costs associated | 1871 |
with any cause of action relating to the student may not be | 1872 |
included in the amount. | 1873 |
(4)(a) As used in this division, the "personnel allowance" | 1874 |
means thirty thousand dollars in fiscal years 2008 and 2009. | 1875 |
(b) For the provision of speech language pathology services | 1876 |
to students, including students who do not have individualized | 1877 |
education programs prepared for them under Chapter 3323. of the | 1878 |
Revised Code, and for no other purpose, the department of | 1879 |
education shall pay each school district an amount calculated | 1880 |
under the following formula: | 1881 |
1882 | |
1883 | |
1884 | |
(5) In any fiscal year, a school district shall spend for | 1885 |
purposes that the department designates as approved for special | 1886 |
education and related services expenses at least the amount | 1887 |
calculated as follows: | 1888 |
1889 | |
1890 | |
1891 | |
The purposes approved by the department for special education | 1892 |
expenses shall include, but shall not be limited to, | 1893 |
identification of children with disabilities, compliance with | 1894 |
state rules governing the education of children with disabilities | 1895 |
and prescribing the continuum of program options for children | 1896 |
with disabilities, provision of speech language pathology | 1897 |
services, and the portion of the school district's overall | 1898 |
administrative and overhead costs that are attributable to the | 1899 |
district's special education student population. | 1900 |
The scholarships deducted from the school district's account | 1901 |
under section 3310.41 or 3310.55 of the Revised Code shall be | 1902 |
considered to be an approved special education and related | 1903 |
services expense for the purpose of the school district's | 1904 |
compliance with division (C)(5) of this section. | 1905 |
The department shall require school districts to report data | 1906 |
annually to allow for monitoring compliance with division (C)(5) | 1907 |
of this section. The department shall annually report to the | 1908 |
governor and the general assembly the amount of money spent by | 1909 |
each school district for special education and related services. | 1910 |
(6) In any fiscal year, a school district shall spend for the | 1911 |
provision of speech language pathology services not less than the | 1912 |
sum of the amount calculated under division (C)(1) of this section | 1913 |
for the students in the district's category one special education | 1914 |
ADM and the amount calculated under division (C)(4) of this | 1915 |
section. | 1916 |
The scholarships deducted from the school district's account | 1917 |
under section 3310.55 of the Revised Code for students counted in | 1918 |
the district's category one special education ADM shall be | 1919 |
considered to be an approved speech language pathology services | 1920 |
expense for the purpose of the school district's compliance with | 1921 |
division (C)(6) of this section. | 1922 |
(D)(1) As used in this division: | 1923 |
(a) "Daily bus miles per student" equals the number of bus | 1924 |
miles traveled per day, divided by transportation base. | 1925 |
(b) "Transportation base" equals total student count as | 1926 |
defined in section 3301.011 of the Revised Code, minus the number | 1927 |
of students enrolled in units for preschool children with | 1928 |
disabilities, plus the number of nonpublic school students | 1929 |
included in transportation ADM. | 1930 |
(c) "Transported student percentage" equals transportation | 1931 |
ADM divided by transportation base. | 1932 |
(d) "Transportation cost per student" equals total operating | 1933 |
costs for board-owned or contractor-operated school buses divided | 1934 |
by transportation base. | 1935 |
(2) Analysis of student transportation cost data has resulted | 1936 |
in a finding that an average efficient transportation use cost per | 1937 |
student can be calculated by means of a regression formula that | 1938 |
has as its two independent variables the number of daily bus miles | 1939 |
per student and the transported student percentage. For fiscal | 1940 |
year 1998 transportation cost data, the average efficient | 1941 |
transportation use cost per student is expressed as follows: | 1942 |
1943 | |
1944 | |
The department of education shall annually determine the | 1945 |
average efficient transportation use cost per student in | 1946 |
accordance with the principles stated in division (D)(2) of this | 1947 |
section, updating the intercept and regression coefficients of the | 1948 |
regression formula modeled in this division, based on an annual | 1949 |
statewide analysis of each school district's daily bus miles per | 1950 |
student, transported student percentage, and transportation cost | 1951 |
per student data. The department shall conduct the annual update | 1952 |
using data, including daily bus miles per student, transported | 1953 |
student percentage, and transportation cost per student data, from | 1954 |
the prior fiscal year. The department shall notify the office of | 1955 |
budget and management of such update by the fifteenth day of | 1956 |
February of each year. | 1957 |
(3) In addition to funds paid under divisions (A), (C), and | 1958 |
(E) of this section, each district with a transported student | 1959 |
percentage greater than zero shall receive a payment equal to a | 1960 |
percentage of the product of the district's transportation base | 1961 |
from the prior fiscal year times the annually updated average | 1962 |
efficient transportation use cost per student, times an inflation | 1963 |
factor of two and eight-tenths per cent to account for the | 1964 |
one-year difference between the data used in updating the formula | 1965 |
and calculating the payment and the year in which the payment is | 1966 |
made. The percentage shall be the following percentage of that | 1967 |
product specified for the corresponding fiscal year: | 1968 |
FISCAL YEAR | PERCENTAGE | 1969 | |||
2000 | 52.5% | 1970 | |||
2001 | 55% | 1971 | |||
2002 | 57.5% | 1972 | |||
2003 and thereafter | The greater of 60% or the district's state share percentage | 1973 |
The payments made under division (D)(3) of this section each | 1974 |
year shall be calculated based on all of the same prior year's | 1975 |
data used to update the formula. | 1976 |
(4) In addition to funds paid under divisions (D)(2) and (3) | 1977 |
of this section, a school district shall receive a rough road | 1978 |
subsidy if both of the following apply: | 1979 |
(a) Its county rough road percentage is higher than the | 1980 |
statewide rough road percentage, as those terms are defined in | 1981 |
division (D)(5) of this section; | 1982 |
(b) Its district student density is lower than the statewide | 1983 |
student density, as those terms are defined in that division. | 1984 |
(5) The rough road subsidy paid to each district meeting the | 1985 |
qualifications of division (D)(4) of this section shall be | 1986 |
calculated in accordance with the following formula: | 1987 |
1988 | |
1989 | |
where: | 1990 |
(a) "Per rough mile subsidy" equals the amount calculated in | 1991 |
accordance with the following formula: | 1992 |
1993 | |
1994 | |
1995 | |
(i) "Maximum rough road percentage" means the highest county | 1996 |
rough road percentage in the state. | 1997 |
(ii) "County rough road percentage" equals the percentage of | 1998 |
the mileage of state, municipal, county, and township roads that | 1999 |
is rated by the department of transportation as type A, B, C, E2, | 2000 |
or F in the county in which the school district is located or, if | 2001 |
the district is located in more than one county, the county to | 2002 |
which it is assigned for purposes of determining its | 2003 |
cost-of-doing-business factor. | 2004 |
(iii) "Statewide rough road percentage" means the percentage | 2005 |
of the statewide total mileage of state, municipal, county, and | 2006 |
township roads that is rated as type A, B, C, E2, or F by the | 2007 |
department of transportation. | 2008 |
(b) "Total rough road miles" means a school district's total | 2009 |
bus miles traveled in one year times its county rough road | 2010 |
percentage. | 2011 |
(c) "Density multiplier" means a figure calculated in | 2012 |
accordance with the following formula: | 2013 |
2014 | |
2015 | |
2016 | |
(i) "Minimum student density" means the lowest district | 2017 |
student density in the state. | 2018 |
(ii) "District student density" means a school district's | 2019 |
transportation base divided by the number of square miles in the | 2020 |
district. | 2021 |
(iii) "Statewide student density" means the sum of the | 2022 |
transportation bases for all school districts divided by the sum | 2023 |
of the square miles in all school districts. | 2024 |
(6) In addition to funds paid under divisions (D)(2) to (5) | 2025 |
of this section, each district shall receive in accordance with | 2026 |
rules adopted by the state board of education a payment for | 2027 |
students transported by means other than board-owned or | 2028 |
contractor-operated buses and whose transportation is not funded | 2029 |
under division (G) of section 3317.024 of the Revised Code. The | 2030 |
rules shall include provisions for school district reporting of | 2031 |
such students. | 2032 |
(E)(1) The department shall compute and distribute state | 2033 |
vocational education additional weighted costs funds to each | 2034 |
school district in accordance with the following formula: | 2035 |
2036 | |
2037 | |
2038 | |
In any fiscal year, a school district receiving funds under | 2039 |
division (E)(1) of this section shall spend those funds only for | 2040 |
the purposes that the department designates as approved for | 2041 |
vocational education expenses. Vocational educational expenses | 2042 |
approved by the department shall include only expenses connected | 2043 |
to the delivery of career-technical programming to | 2044 |
career-technical students. The department shall require the school | 2045 |
district to report data annually so that the department may | 2046 |
monitor the district's compliance with the requirements regarding | 2047 |
the manner in which funding received under division (E)(1) of this | 2048 |
section may be spent. | 2049 |
(2) The department shall compute for each school district | 2050 |
state funds for vocational education associated services in | 2051 |
accordance with the following formula: | 2052 |
2053 | |
2054 | |
In any fiscal year, a school district receiving funds under | 2055 |
division (E)(2) of this section, or through a transfer of funds | 2056 |
pursuant to division (L) of section 3317.023 of the Revised Code, | 2057 |
shall spend those funds only for the purposes that the department | 2058 |
designates as approved for vocational education associated | 2059 |
services expenses, which may include such purposes as | 2060 |
apprenticeship coordinators, coordinators for other vocational | 2061 |
education services, vocational evaluation, and other purposes | 2062 |
designated by the department. The department may deny payment | 2063 |
under division (E)(2) of this section to any district that the | 2064 |
department determines is not operating those services or is using | 2065 |
funds paid under division (E)(2) of this section, or through a | 2066 |
transfer of funds pursuant to division (L) of section 3317.023 of | 2067 |
the Revised Code, for other purposes. | 2068 |
(F) The actual local share in any fiscal year for the | 2069 |
combination of special education and related services additional | 2070 |
weighted costs funding calculated under division (C)(1) of this | 2071 |
section, transportation funding calculated under divisions (D)(2) | 2072 |
and (3) of this section, and vocational education and associated | 2073 |
services additional weighted costs funding calculated under | 2074 |
divisions (E)(1) and (2) of this section shall not exceed for any | 2075 |
school district the product of three and three-tenths mills times | 2076 |
the district's recognized valuation. The department annually shall | 2077 |
pay each school district as an excess cost supplement any amount | 2078 |
by which the sum of the district's attributed local shares for | 2079 |
that funding exceeds that product. For purposes of calculating the | 2080 |
excess cost supplement: | 2081 |
(1) The attributed local share for special education and | 2082 |
related services additional weighted costs funding is the amount | 2083 |
specified in division (C)(2) of this section. | 2084 |
(2) The attributed local share of transportation funding | 2085 |
equals the difference of the total amount calculated for the | 2086 |
district using the formula developed under division (D)(2) of this | 2087 |
section minus the actual amount paid to the district after | 2088 |
applying the percentage specified in division (D)(3) of this | 2089 |
section. | 2090 |
(3) The attributed local share of vocational education and | 2091 |
associated services additional weighted costs funding is the | 2092 |
amount determined as follows: | 2093 |
2094 | |
2095 | |
2096 | |
2097 | |
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 2098 |
(C) of this section, except as provided in division (A)(2)(h) of | 2099 |
this section, any student enrolled in kindergarten more than half | 2100 |
time shall be reported as one-half student under this section. | 2101 |
(A) The superintendent of each city and exempted village | 2102 |
school district and of each educational service center shall, for | 2103 |
the schools under the superintendent's supervision, certify to the | 2104 |
state board of education on or before the fifteenth day of October | 2105 |
in each year for the first full school week in October the formula | 2106 |
ADM. Beginning in fiscal year 2007, each superintendent also shall | 2107 |
certify to the state board, for the schools under the | 2108 |
superintendent's supervision, the formula ADM for the first full | 2109 |
week in February. If a school under the superintendent's | 2110 |
supervision is closed for one or more days during that week due to | 2111 |
hazardous weather conditions or other circumstances described in | 2112 |
the first paragraph of division (B) of section 3317.01 of the | 2113 |
Revised Code, the superintendent may apply to the superintendent | 2114 |
of public instruction for a waiver, under which the superintendent | 2115 |
of public instruction may exempt the district superintendent from | 2116 |
certifying the formula ADM for that school for that week and | 2117 |
specify an alternate week for certifying the formula ADM of that | 2118 |
school. | 2119 |
The formula ADM shall consist of the average daily membership | 2120 |
during such week of the sum of the following: | 2121 |
(1) On an FTE basis, the number of students in grades | 2122 |
kindergarten through twelve receiving any educational services | 2123 |
from the district, except that the following categories of | 2124 |
students shall not be included in the determination: | 2125 |
(a) Students enrolled in adult education classes; | 2126 |
(b) Adjacent or other district students enrolled in the | 2127 |
district under an open enrollment policy pursuant to section | 2128 |
3313.98 of the Revised Code; | 2129 |
(c) Students receiving services in the district pursuant to a | 2130 |
compact, cooperative education agreement, or a contract, but who | 2131 |
are entitled to attend school in another district pursuant to | 2132 |
section 3313.64 or 3313.65 of the Revised Code; | 2133 |
(d) Students for whom tuition is payable pursuant to sections | 2134 |
3317.081 and 3323.141 of the Revised Code; | 2135 |
(e) Students receiving services in the district through a | 2136 |
scholarship awarded under either section 3310.41 or sections | 2137 |
3310.51 to 3310.64 of the Revised Code. | 2138 |
(2) On an FTE basis, except as provided in division (A)(2)(h) | 2139 |
of this section, the number of students entitled to attend school | 2140 |
in the district pursuant to section 3313.64 or 3313.65 of the | 2141 |
Revised Code, but receiving educational services in grades | 2142 |
kindergarten through twelve from one or more of the following | 2143 |
entities: | 2144 |
(a) A community school pursuant to Chapter 3314. of the | 2145 |
Revised Code, including any participation in a college pursuant to | 2146 |
Chapter 3365. of the Revised Code while enrolled in such community | 2147 |
school; | 2148 |
(b) An alternative school pursuant to sections 3313.974 to | 2149 |
3313.979 of the Revised Code as described in division (I)(2)(a) or | 2150 |
(b) of this section; | 2151 |
(c) A college pursuant to Chapter 3365. of the Revised Code, | 2152 |
except when the student is enrolled in the college while also | 2153 |
enrolled in a community school pursuant to Chapter 3314. or a | 2154 |
science, technology, engineering, and mathematics school | 2155 |
established under Chapter 3326. of the Revised Code; | 2156 |
(d) An adjacent or other school district under an open | 2157 |
enrollment policy adopted pursuant to section 3313.98 of the | 2158 |
Revised Code; | 2159 |
(e) An educational service center or cooperative education | 2160 |
district; | 2161 |
(f) Another school district under a cooperative education | 2162 |
agreement, compact, or contract; | 2163 |
(g) A chartered nonpublic school with a scholarship paid | 2164 |
under section 3310.08 of the Revised Code; | 2165 |
(h) An alternative public provider or a registered private | 2166 |
provider with a scholarship awarded under either section 3310.41 | 2167 |
or sections 3310.51 to 3310.64 of the Revised Code. Each such | 2168 |
scholarship student who is enrolled in kindergarten shall be | 2169 |
counted as one full-time-equivalent student. | 2170 |
As used in this section, "alternative public provider" and | 2171 |
"registered private provider" have the same meanings as in section | 2172 |
3310.41 or 3310.51 of the Revised Code, as applicable. | 2173 |
(i) A science, technology, engineering, and mathematics | 2174 |
school established under Chapter 3326. of the Revised Code, | 2175 |
including any participation in a college pursuant to Chapter 3365. | 2176 |
of the Revised Code while enrolled in the school. | 2177 |
(3) Twenty per cent of the number of students enrolled in a | 2178 |
joint vocational school district or under a vocational education | 2179 |
compact, excluding any students entitled to attend school in the | 2180 |
district under section 3313.64 or 3313.65 of the Revised Code who | 2181 |
are enrolled in another school district through an open enrollment | 2182 |
policy as reported under division (A)(2)(d) of this section and | 2183 |
then enroll in a joint vocational school district or under a | 2184 |
vocational education compact; | 2185 |
(4) The number of children with disabilities, other than | 2186 |
preschool children with disabilities, entitled to attend school | 2187 |
in the district pursuant to section 3313.64 or 3313.65 of the | 2188 |
Revised Code who are placed by the district with a county MR/DD | 2189 |
board, minus the number of such children placed with a county | 2190 |
MR/DD board in fiscal year 1998. If this calculation produces a | 2191 |
negative number, the number reported under division (A)(4) of | 2192 |
this section shall be zero. | 2193 |
(5) Beginning in fiscal year 2007, in the case of the report | 2194 |
submitted for the first full week in February, or the alternative | 2195 |
week if specified by the superintendent of public instruction, the | 2196 |
number of students reported under division (A)(1) or (2) of this | 2197 |
section for the first full week of the preceding October but who | 2198 |
since that week have received high school diplomas. | 2199 |
(B) To enable the department of education to obtain the data | 2200 |
needed to complete the calculation of payments pursuant to this | 2201 |
chapter, in addition to the formula ADM, each superintendent shall | 2202 |
report separately the following student counts for the same week | 2203 |
for which formula ADM is certified: | 2204 |
(1) The total average daily membership in regular day classes | 2205 |
included in the report under division (A)(1) or (2) of this | 2206 |
section for kindergarten, and each of grades one through twelve in | 2207 |
schools under the superintendent's supervision; | 2208 |
(2) The number of all preschool children with disabilities | 2209 |
enrolled as of the first day of December in classes in the | 2210 |
district that are eligible for approval under division (B) of | 2211 |
section 3317.05 of the Revised Code and the number of those | 2212 |
classes, which shall be reported not later than the fifteenth day | 2213 |
of December, in accordance with rules adopted under that section; | 2214 |
(3) The number of children entitled to attend school in the | 2215 |
district pursuant to section 3313.64 or 3313.65 of the Revised | 2216 |
Code who are: | 2217 |
(a) Participating in a pilot project scholarship program | 2218 |
established under sections 3313.974 to 3313.979 of the Revised | 2219 |
Code as described in division (I)(2)(a) or (b) of this section; | 2220 |
(b) Enrolled in a college under Chapter 3365. of the Revised | 2221 |
Code, except when the student is enrolled in the college while | 2222 |
also enrolled in a community school pursuant to Chapter 3314. or a | 2223 |
science, technology, engineering, and mathematics school | 2224 |
established under Chapter 3326. of the Revised Code; | 2225 |
(c) Enrolled in an adjacent or other school district under | 2226 |
section 3313.98 of the Revised Code; | 2227 |
(d) Enrolled in a community school established under Chapter | 2228 |
3314. of the Revised Code that is not an internet- or | 2229 |
computer-based community school as defined in section 3314.02 of | 2230 |
the Revised Code, including any participation in a college | 2231 |
pursuant to Chapter 3365. of the Revised Code while enrolled in | 2232 |
such community school; | 2233 |
(e) Enrolled in an internet- or computer-based community | 2234 |
school, as defined in section 3314.02 of the Revised Code, | 2235 |
including any participation in a college pursuant to Chapter 3365. | 2236 |
of the Revised Code while enrolled in the school; | 2237 |
(f) Enrolled in a chartered nonpublic school with a | 2238 |
scholarship paid under section 3310.08 of the Revised Code; | 2239 |
(g) Enrolled in kindergarten through grade twelve in an | 2240 |
alternative public provider or a registered private provider with | 2241 |
a scholarship awarded under either section 3310.41 or sections | 2242 |
3310.51 to 3310.64 of the Revised Code; | 2243 |
(h) Enrolled as a preschool child with a disability in an | 2244 |
alternative public provider or a registered private provider with | 2245 |
a scholarship awarded under section 3310.41 of the Revised Code; | 2246 |
(i) Participating in a program operated by a county MR/DD | 2247 |
board or a state institution; | 2248 |
(j) Enrolled in a science, technology, engineering, and | 2249 |
mathematics school established under Chapter 3326. of the Revised | 2250 |
Code, including any participation in a college pursuant to Chapter | 2251 |
3365. of the Revised Code while enrolled in the school. | 2252 |
(4) The number of pupils enrolled in joint vocational | 2253 |
schools; | 2254 |
(5) The combined average daily membership of children with | 2255 |
disabilities reported under division (A)(1) or (2) of this | 2256 |
section receiving special education services for the category one | 2257 |
disability described in division (A) of section 3317.013 of the | 2258 |
Revised Code, including children attending a special education | 2259 |
program operated by an alternative public provider or a | 2260 |
registered private provider with a scholarship awarded under | 2261 |
sections 3310.51 to 3310.64 of the Revised Code; | 2262 |
(6) The combined average daily membership of children with | 2263 |
disabilities reported under division (A)(1) or (2) of this | 2264 |
section receiving special education services for category two | 2265 |
disabilities described in division (B) of section 3317.013 of the | 2266 |
Revised Code, including children attending a special education | 2267 |
program operated by an alternative public provider or a | 2268 |
registered private provider with a scholarship awarded under | 2269 |
sections 3310.51 to 3310.64 of the Revised Code; | 2270 |
(7) The combined average daily membership of children with | 2271 |
disabilities reported under division (A)(1) or (2) of this | 2272 |
section receiving special education services for category three | 2273 |
disabilities described in division (C) of section 3317.013 of the | 2274 |
Revised Code, including children attending a special education | 2275 |
program operated by an alternative public provider or a | 2276 |
registered private provider with a scholarship awarded under | 2277 |
sections 3310.51 to 3310.64 of the Revised Code; | 2278 |
(8) The combined average daily membership of children with | 2279 |
disabilities reported under division (A)(1) or (2) of this | 2280 |
section receiving special education services for category four | 2281 |
disabilities described in division (D) of section 3317.013 of the | 2282 |
Revised Code, including children attending a special education | 2283 |
program operated by an alternative public provider or a | 2284 |
registered private provider with a scholarship awarded under | 2285 |
sections 3310.51 to 3310.64 of the Revised Code; | 2286 |
(9) The combined average daily membership of children with | 2287 |
disabilities reported under division (A)(1) or (2) of this | 2288 |
section receiving special education services for the category | 2289 |
five disabilities described in division (E) of section 3317.013 | 2290 |
of the Revised Code, including children attending a special | 2291 |
education program operated by an alternative public provider or a | 2292 |
registered private provider with a scholarship awarded under | 2293 |
sections 3310.51 to 3310.64 of the Revised Code; | 2294 |
(10) The combined average daily membership of children with | 2295 |
disabilities reported under division (A)(1) or (2) and under | 2296 |
division (B)(3)(h) of this section receiving special education | 2297 |
services for category six disabilities described in division (F) | 2298 |
of section 3317.013 of the Revised Code, including children | 2299 |
attending a special education program operated by an alternative | 2300 |
public provider or a registered private provider with a | 2301 |
scholarship awarded under either section 3310.41 or sections | 2302 |
3310.51 to 3310.64 of the Revised Code; | 2303 |
(11) The average daily membership of pupils reported under | 2304 |
division (A)(1) or (2) of this section enrolled in category one | 2305 |
vocational education programs or classes, described in division | 2306 |
(A) of section 3317.014 of the Revised Code, operated by the | 2307 |
school district or by another district, other than a joint | 2308 |
vocational school district, or by an educational service center, | 2309 |
excluding any student reported under division (B)(3)(e) of this | 2310 |
section as enrolled in an internet- or computer-based community | 2311 |
school, notwithstanding division (C) of section 3317.02 of the | 2312 |
Revised Code and division (C)(3) of this section; | 2313 |
(12) The average daily membership of pupils reported under | 2314 |
division (A)(1) or (2) of this section enrolled in category two | 2315 |
vocational education programs or services, described in division | 2316 |
(B) of section 3317.014 of the Revised Code, operated by the | 2317 |
school district or another school district, other than a joint | 2318 |
vocational school district, or by an educational service center, | 2319 |
excluding any student reported under division (B)(3)(e) of this | 2320 |
section as enrolled in an internet- or computer-based community | 2321 |
school, notwithstanding division (C) of section 3317.02 of the | 2322 |
Revised Code and division (C)(3) of this section; | 2323 |
(13) The average number of children transported by the school | 2324 |
district on board-owned or contractor-owned and -operated buses, | 2325 |
reported in accordance with rules adopted by the department of | 2326 |
education; | 2327 |
(14)(a) The number of children, other than preschool children | 2328 |
with disabilities, the district placed with a county MR/DD board | 2329 |
in fiscal year 1998; | 2330 |
(b) The number of children with disabilities, other than | 2331 |
preschool children with disabilities, placed with a county MR/DD | 2332 |
board in the current fiscal year to receive special education | 2333 |
services for the category one disability described in division | 2334 |
(A) of section 3317.013 of the Revised Code; | 2335 |
(c) The number of children with disabilities, other than | 2336 |
preschool children with disabilities, placed with a county MR/DD | 2337 |
board in the current fiscal year to receive special education | 2338 |
services for category two disabilities described in division (B) | 2339 |
of section 3317.013 of the Revised Code; | 2340 |
(d) The number of children with disabilities, other than | 2341 |
preschool children with disabilities, placed with a county MR/DD | 2342 |
board in the current fiscal year to receive special education | 2343 |
services for category three disabilities described in division | 2344 |
(C) of section 3317.013 of the Revised Code; | 2345 |
(e) The number of children with disabilities, other than | 2346 |
preschool children with disabilities, placed with a county MR/DD | 2347 |
board in the current fiscal year to receive special education | 2348 |
services for category four disabilities described in division (D) | 2349 |
of section 3317.013 of the Revised Code; | 2350 |
(f) The number of children with disabilities, other than | 2351 |
preschool children with disabilities, placed with a county MR/DD | 2352 |
board in the current fiscal year to receive special education | 2353 |
services for the category five disabilities described in division | 2354 |
(E) of section 3317.013 of the Revised Code; | 2355 |
(g) The number of children with disabilities, other than | 2356 |
preschool children with disabilities, placed with a county MR/DD | 2357 |
board in the current fiscal year to receive special education | 2358 |
services for category six disabilities described in division (F) | 2359 |
of section 3317.013 of the Revised Code. | 2360 |
(C)(1) Except as otherwise provided in this section for | 2361 |
kindergarten students, the average daily membership in divisions | 2362 |
(B)(1) to (12) of this section shall be based upon the number of | 2363 |
full-time equivalent students. The state board of education shall | 2364 |
adopt rules defining full-time equivalent students and for | 2365 |
determining the average daily membership therefrom for the | 2366 |
purposes of divisions (A), (B), and (D) of this section. | 2367 |
(2) A student enrolled in a community school established | 2368 |
under Chapter 3314. or a science, technology, engineering, and | 2369 |
mathematics school established under Chapter 3326. of the Revised | 2370 |
Code shall be counted in the formula ADM and, if applicable, the | 2371 |
category one, two, three, four, five, or six special education ADM | 2372 |
of the school district in which the student is entitled to attend | 2373 |
school under section 3313.64 or 3313.65 of the Revised Code for | 2374 |
the same proportion of the school year that the student is counted | 2375 |
in the enrollment of the community school or the science, | 2376 |
technology, engineering, and mathematics school for purposes of | 2377 |
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding | 2378 |
the number of students reported pursuant to division (B)(3)(d), | 2379 |
(e), or (j) of this section, the department may adjust the | 2380 |
formula ADM of a school district to account for students entitled | 2381 |
to attend school in the district under section 3313.64 or 3313.65 | 2382 |
of the Revised Code who are enrolled in a community school or a | 2383 |
science, technology, engineering, and mathematics school for only | 2384 |
a portion of the school year. | 2385 |
(3) No child shall be counted as more than a total of one | 2386 |
child in the sum of the average daily memberships of a school | 2387 |
district under division (A), divisions (B)(1) to (12), or division | 2388 |
(D) of this section, except as follows: | 2389 |
(a) A child with a disability described in section 3317.013 | 2390 |
of the Revised Code may be counted both in formula ADM and in | 2391 |
category one, two, three, four, five, or six special education | 2392 |
ADM and, if applicable, in category one or two vocational | 2393 |
education ADM. As provided in division (C) of section 3317.02 of | 2394 |
the Revised Code, such a child shall be counted in category one, | 2395 |
two, three, four, five, or six special education ADM in the same | 2396 |
proportion that the child is counted in formula ADM. | 2397 |
(b) A child enrolled in vocational education programs or | 2398 |
classes described in section 3317.014 of the Revised Code may be | 2399 |
counted both in formula ADM and category one or two vocational | 2400 |
education ADM and, if applicable, in category one, two, three, | 2401 |
four, five, or six special education ADM. Such a child shall be | 2402 |
counted in category one or two vocational education ADM in the | 2403 |
same proportion as the percentage of time that the child spends in | 2404 |
the vocational education programs or classes. | 2405 |
(4) Based on the information reported under this section, the | 2406 |
department of education shall determine the total student count, | 2407 |
as defined in section 3301.011 of the Revised Code, for each | 2408 |
school district. | 2409 |
(D)(1) The superintendent of each joint vocational school | 2410 |
district shall certify to the superintendent of public instruction | 2411 |
on or before the fifteenth day of October in each year for the | 2412 |
first full school week in October the formula ADM. Beginning in | 2413 |
fiscal year 2007, each superintendent also shall certify to the | 2414 |
state superintendent the formula ADM for the first full week in | 2415 |
February. If a school operated by the joint vocational school | 2416 |
district is closed for one or more days during that week due to | 2417 |
hazardous weather conditions or other circumstances described in | 2418 |
the first paragraph of division (B) of section 3317.01 of the | 2419 |
Revised Code, the superintendent may apply to the superintendent | 2420 |
of public instruction for a waiver, under which the superintendent | 2421 |
of public instruction may exempt the district superintendent from | 2422 |
certifying the formula ADM for that school for that week and | 2423 |
specify an alternate week for certifying the formula ADM of that | 2424 |
school. | 2425 |
The formula ADM, except as otherwise provided in this | 2426 |
division, shall consist of the average daily membership during | 2427 |
such week, on an FTE basis, of the number of students receiving | 2428 |
any educational services from the district, including students | 2429 |
enrolled in a community school established under Chapter 3314. or | 2430 |
a science, technology, engineering, and mathematics school | 2431 |
established under Chapter 3326. of the Revised Code who are | 2432 |
attending the joint vocational district under an agreement | 2433 |
between the district board of education and the governing | 2434 |
authority of the community school or the science, technology, | 2435 |
engineering, and mathematics school and are entitled to attend | 2436 |
school in a city, local, or exempted village school district whose | 2437 |
territory is part of the territory of the joint vocational | 2438 |
district. Beginning in fiscal year 2007, in the case of the | 2439 |
report submitted for the first week in February, or the | 2440 |
alternative week if specified by the superintendent of public | 2441 |
instruction, the superintendent of the joint vocational school | 2442 |
district may include the number of students reported under | 2443 |
division (D)(1) of this section for the first full week of the | 2444 |
preceding October but who since that week have received high | 2445 |
school diplomas. | 2446 |
The following categories of students shall not be included in | 2447 |
the determination made under division (D)(1) of this section: | 2448 |
(a) Students enrolled in adult education classes; | 2449 |
(b) Adjacent or other district joint vocational students | 2450 |
enrolled in the district under an open enrollment policy pursuant | 2451 |
to section 3313.98 of the Revised Code; | 2452 |
(c) Students receiving services in the district pursuant to a | 2453 |
compact, cooperative education agreement, or a contract, but who | 2454 |
are entitled to attend school in a city, local, or exempted | 2455 |
village school district whose territory is not part of the | 2456 |
territory of the joint vocational district; | 2457 |
(d) Students for whom tuition is payable pursuant to sections | 2458 |
3317.081 and 3323.141 of the Revised Code. | 2459 |
(2) To enable the department of education to obtain the data | 2460 |
needed to complete the calculation of payments pursuant to this | 2461 |
chapter, in addition to the formula ADM, each superintendent shall | 2462 |
report separately the average daily membership included in the | 2463 |
report under division (D)(1) of this section for each of the | 2464 |
following categories of students for the same week for which | 2465 |
formula ADM is certified: | 2466 |
(a) Students enrolled in each grade included in the joint | 2467 |
vocational district schools; | 2468 |
(b) Children with disabilities receiving special education | 2469 |
services for the category one disability described in division | 2470 |
(A) of section 3317.013 of the Revised Code; | 2471 |
(c) Children with disabilities receiving special education | 2472 |
services for the category two disabilities described in division | 2473 |
(B) of section 3317.013 of the Revised Code; | 2474 |
(d) Children with disabilities receiving special education | 2475 |
services for category three disabilities described in division (C) | 2476 |
of section 3317.013 of the Revised Code; | 2477 |
(e) Children with disabilities receiving special education | 2478 |
services for category four disabilities described in division (D) | 2479 |
of section 3317.013 of the Revised Code; | 2480 |
(f) Children with disabilities receiving special education | 2481 |
services for the category five disabilities described in division | 2482 |
(E) of section 3317.013 of the Revised Code; | 2483 |
(g) Children with disabilities receiving special education | 2484 |
services for category six disabilities described in division (F) | 2485 |
of section 3317.013 of the Revised Code; | 2486 |
(h) Students receiving category one vocational education | 2487 |
services, described in division (A) of section 3317.014 of the | 2488 |
Revised Code; | 2489 |
(i) Students receiving category two vocational education | 2490 |
services, described in division (B) of section 3317.014 of the | 2491 |
Revised Code. | 2492 |
The superintendent of each joint vocational school district | 2493 |
shall also indicate the city, local, or exempted village school | 2494 |
district in which each joint vocational district pupil is entitled | 2495 |
to attend school pursuant to section 3313.64 or 3313.65 of the | 2496 |
Revised Code. | 2497 |
(E) In each school of each city, local, exempted village, | 2498 |
joint vocational, and cooperative education school district there | 2499 |
shall be maintained a record of school membership, which record | 2500 |
shall accurately show, for each day the school is in session, the | 2501 |
actual membership enrolled in regular day classes. For the purpose | 2502 |
of determining average daily membership, the membership figure of | 2503 |
any school shall not include any pupils except those pupils | 2504 |
described by division (A) of this section. The record of | 2505 |
membership for each school shall be maintained in such manner that | 2506 |
no pupil shall be counted as in membership prior to the actual | 2507 |
date of entry in the school and also in such manner that where for | 2508 |
any cause a pupil permanently withdraws from the school that pupil | 2509 |
shall not be counted as in membership from and after the date of | 2510 |
such withdrawal. There shall not be included in the membership of | 2511 |
any school any of the following: | 2512 |
(1) Any pupil who has graduated from the twelfth grade of a | 2513 |
public or nonpublic high school; | 2514 |
(2) Any pupil who is not a resident of the state; | 2515 |
(3) Any pupil who was enrolled in the schools of the district | 2516 |
during the previous school year when tests were administered under | 2517 |
section 3301.0711 of the Revised Code but did not take one or more | 2518 |
of the tests required by that section and was not excused pursuant | 2519 |
to division (C)(1) or (3) of that section; | 2520 |
(4) Any pupil who has attained the age of twenty-two years, | 2521 |
except for veterans of the armed services whose attendance was | 2522 |
interrupted before completing the recognized twelve-year course of | 2523 |
the public schools by reason of induction or enlistment in the | 2524 |
armed forces and who apply for reenrollment in the public school | 2525 |
system of their residence not later than four years after | 2526 |
termination of war or their honorable discharge. | 2527 |
If, however, any veteran described by division (E)(4) of this | 2528 |
section elects to enroll in special courses organized for veterans | 2529 |
for whom tuition is paid under the provisions of federal laws, or | 2530 |
otherwise, that veteran shall not be included in average daily | 2531 |
membership. | 2532 |
Notwithstanding division (E)(3) of this section, the | 2533 |
membership of any school may include a pupil who did not take a | 2534 |
test required by section 3301.0711 of the Revised Code if the | 2535 |
superintendent of public instruction grants a waiver from the | 2536 |
requirement to take the test to the specific pupil and a parent is | 2537 |
not paying tuition for the pupil pursuant to section 3313.6410 of | 2538 |
the Revised Code. The superintendent may grant such a waiver only | 2539 |
for good cause in accordance with rules adopted by the state board | 2540 |
of education. | 2541 |
Except as provided in divisions (B)(2) and (F) of this | 2542 |
section, the average daily membership figure of any local, city, | 2543 |
exempted village, or joint vocational school district shall be | 2544 |
determined by dividing the figure representing the sum of the | 2545 |
number of pupils enrolled during each day the school of attendance | 2546 |
is actually open for instruction during the week for which the | 2547 |
formula ADM is being certified by the total number of days the | 2548 |
school was actually open for instruction during that week. For | 2549 |
purposes of state funding, "enrolled" persons are only those | 2550 |
pupils who are attending school, those who have attended school | 2551 |
during the current school year and are absent for authorized | 2552 |
reasons, and those children with disabilities currently receiving | 2553 |
home instruction. | 2554 |
The average daily membership figure of any cooperative | 2555 |
education school district shall be determined in accordance with | 2556 |
rules adopted by the state board of education. | 2557 |
(F)(1) If the formula ADM for the first full school week in | 2558 |
February is at least three per cent greater than that certified | 2559 |
for the first full school week in the preceding October, the | 2560 |
superintendent of schools of any city, exempted village, or joint | 2561 |
vocational school district or educational service center shall | 2562 |
certify such increase to the superintendent of public instruction. | 2563 |
Such certification shall be submitted no later than the fifteenth | 2564 |
day of February. For the balance of the fiscal year, beginning | 2565 |
with the February payments, the superintendent of public | 2566 |
instruction shall use the increased formula ADM in calculating or | 2567 |
recalculating the amounts to be allocated in accordance with | 2568 |
section 3317.022 or 3317.16 of the Revised Code. In no event shall | 2569 |
the superintendent use an increased membership certified to the | 2570 |
superintendent after the fifteenth day of February. Division | 2571 |
(F)(1) of this section does not apply after fiscal year 2006. | 2572 |
(2) If on the first school day of April the total number of | 2573 |
classes or units for preschool children with disabilities that | 2574 |
are eligible for approval under division (B) of section 3317.05 | 2575 |
of the Revised Code exceeds the number of units that have been | 2576 |
approved for the year under that division, the superintendent of | 2577 |
schools of any city, exempted village, or cooperative education | 2578 |
school district or educational service center shall make the | 2579 |
certifications required by this section for that day. If the | 2580 |
department determines additional units can be approved for the | 2581 |
fiscal year within any limitations set forth in the acts | 2582 |
appropriating moneys for the funding of such units, the | 2583 |
department shall approve additional units for the fiscal year on | 2584 |
the basis of such average daily membership. For each unit so | 2585 |
approved, the department shall pay an amount computed in the | 2586 |
manner prescribed in section 3317.052 or 3317.19 and section | 2587 |
3317.053 of the Revised Code. | 2588 |
(3) If a student attending a community school under Chapter | 2589 |
3314. or a science, technology, engineering, and mathematics | 2590 |
school established under Chapter 3326. of the Revised Code is not | 2591 |
included in the formula ADM certified for the school district in | 2592 |
which the student is entitled to attend school under section | 2593 |
3313.64 or 3313.65 of the Revised Code, the department of | 2594 |
education shall adjust the formula ADM of that school district to | 2595 |
include the student in accordance with division (C)(2) of this | 2596 |
section, and shall recalculate the school district's payments | 2597 |
under this chapter for the entire fiscal year on the basis of | 2598 |
that adjusted formula ADM. This requirement applies regardless of | 2599 |
whether the student was enrolled, as defined in division (E) of | 2600 |
this section, in the community school or the science, | 2601 |
technology, engineering, and mathematics school during the week | 2602 |
for which the formula ADM is being certified. | 2603 |
(4) If a student awarded an educational choice scholarship is | 2604 |
not included in the formula ADM of the school district from which | 2605 |
the department deducts funds for the scholarship under section | 2606 |
3310.08 of the Revised Code, the department shall adjust the | 2607 |
formula ADM of that school district to include the student to the | 2608 |
extent necessary to account for the deduction, and shall | 2609 |
recalculate the school district's payments under this chapter for | 2610 |
the entire fiscal year on the basis of that adjusted formula ADM. | 2611 |
This requirement applies regardless of whether the student was | 2612 |
enrolled, as defined in division (E) of this section, in the | 2613 |
chartered nonpublic school, the school district, or a community | 2614 |
school during the week for which the formula ADM is being | 2615 |
certified. | 2616 |
(5) If a student awarded a scholarship under the special | 2617 |
education scholarship pilot program is not included in the formula | 2618 |
ADM of the school district from which the department deducts funds | 2619 |
for the scholarship under section 3310.55 of the Revised Code, the | 2620 |
department shall adjust the formula ADM of that school district to | 2621 |
include the student to the extent necessary to account for the | 2622 |
deduction, and shall recalculate the school district's payments | 2623 |
under this chapter for the entire fiscal year on the basis of that | 2624 |
adjusted formula ADM. This requirement applies regardless of | 2625 |
whether the student was enrolled, as defined in division (E) of | 2626 |
this section, in an alternative public provider, a registered | 2627 |
private provider, or the school district during the week for which | 2628 |
the formula ADM is being certified. | 2629 |
(G)(1)(a) The superintendent of an institution operating a | 2630 |
special education program pursuant to section 3323.091 of the | 2631 |
Revised Code shall, for the programs under such superintendent's | 2632 |
supervision, certify to the state board of education, in the | 2633 |
manner prescribed by the superintendent of public instruction, | 2634 |
both of the following: | 2635 |
(i) The average daily membership of all children with | 2636 |
disabilities other than preschool children with disabilities | 2637 |
receiving services at the institution for each category of | 2638 |
disability described in divisions (A) to (F) of section 3317.013 | 2639 |
of the Revised Code; | 2640 |
(ii) The average daily membership of all preschool children | 2641 |
with disabilities in classes or programs approved annually by the | 2642 |
department of education for unit funding under section 3317.05 of | 2643 |
the Revised Code. | 2644 |
(b) The superintendent of an institution with vocational | 2645 |
education units approved under division (A) of section 3317.05 of | 2646 |
the Revised Code shall, for the units under the superintendent's | 2647 |
supervision, certify to the state board of education the average | 2648 |
daily membership in those units, in the manner prescribed by the | 2649 |
superintendent of public instruction. | 2650 |
(2) The superintendent of each county MR/DD board that | 2651 |
maintains special education classes under section 3317.20 of the | 2652 |
Revised Code or units approved pursuant to section 3317.05 of the | 2653 |
Revised Code shall do both of the following: | 2654 |
(a) Certify to the state board, in the manner prescribed by | 2655 |
the board, the average daily membership in classes under section | 2656 |
3317.20 of the Revised Code for each school district that has | 2657 |
placed children in the classes; | 2658 |
(b) Certify to the state board, in the manner prescribed by | 2659 |
the board, the number of all preschool children with disabilities | 2660 |
enrolled as of the first day of December in classes eligible for | 2661 |
approval under division (B) of section 3317.05 of the Revised | 2662 |
Code, and the number of those classes. | 2663 |
(3)(a) If on the first school day of April the number of | 2664 |
classes or units maintained for preschool children with | 2665 |
disabilities by the county MR/DD board that are eligible for | 2666 |
approval under division (B) of section 3317.05 of the Revised Code | 2667 |
is greater than the number of units approved for the year under | 2668 |
that division, the superintendent shall make the certification | 2669 |
required by this section for that day. | 2670 |
(b) If the department determines that additional classes or | 2671 |
units can be approved for the fiscal year within any limitations | 2672 |
set forth in the acts appropriating moneys for the funding of the | 2673 |
classes and units described in division (G)(3)(a) of this section, | 2674 |
the department shall approve and fund additional units for the | 2675 |
fiscal year on the basis of such average daily membership. For | 2676 |
each unit so approved, the department shall pay an amount computed | 2677 |
in the manner prescribed in sections 3317.052 and 3317.053 of the | 2678 |
Revised Code. | 2679 |
(H) Except as provided in division (I) of this section, when | 2680 |
any city, local, or exempted village school district provides | 2681 |
instruction for a nonresident pupil whose attendance is | 2682 |
unauthorized attendance as defined in section 3327.06 of the | 2683 |
Revised Code, that pupil's membership shall not be included in | 2684 |
that district's membership figure used in the calculation of that | 2685 |
district's formula ADM or included in the determination of any | 2686 |
unit approved for the district under section 3317.05 of the | 2687 |
Revised Code. The reporting official shall report separately the | 2688 |
average daily membership of all pupils whose attendance in the | 2689 |
district is unauthorized attendance, and the membership of each | 2690 |
such pupil shall be credited to the school district in which the | 2691 |
pupil is entitled to attend school under division (B) of section | 2692 |
3313.64 or section 3313.65 of the Revised Code as determined by | 2693 |
the department of education. | 2694 |
(I)(1) A city, local, exempted village, or joint vocational | 2695 |
school district admitting a scholarship student of a pilot project | 2696 |
district pursuant to division (C) of section 3313.976 of the | 2697 |
Revised Code may count such student in its average daily | 2698 |
membership. | 2699 |
(2) In any year for which funds are appropriated for pilot | 2700 |
project scholarship programs, a school district implementing a | 2701 |
state-sponsored pilot project scholarship program that year | 2702 |
pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 2703 |
count in average daily membership: | 2704 |
(a) All children residing in the district and utilizing a | 2705 |
scholarship to attend kindergarten in any alternative school, as | 2706 |
defined in section 3313.974 of the Revised Code; | 2707 |
(b) All children who were enrolled in the district in the | 2708 |
preceding year who are utilizing a scholarship to attend any such | 2709 |
alternative school. | 2710 |
(J) The superintendent of each cooperative education school | 2711 |
district shall certify to the superintendent of public | 2712 |
instruction, in a manner prescribed by the state board of | 2713 |
education, the applicable average daily memberships for all | 2714 |
students in the cooperative education district, also indicating | 2715 |
the city, local, or exempted village district where each pupil is | 2716 |
entitled to attend school under section 3313.64 or 3313.65 of the | 2717 |
Revised Code. | 2718 |
(K) If the superintendent of public instruction determines | 2719 |
that a component of the formula ADM certified or reported by a | 2720 |
district superintendent, or other reporting entity, is not | 2721 |
correct, the superintendent of public instruction may order that | 2722 |
the formula ADM used for the purposes of payments under any | 2723 |
section of Title XXXIII of the Revised Code be adjusted in the | 2724 |
amount of the error. | 2725 |
Sec. 3323.052. Not later than January 31, 2009, the | 2726 |
department of education shall develop a document that compares a | 2727 |
parent's and child's rights under this chapter and 20 U.S.C. 1400 | 2728 |
et seq. with the parent's and child's rights under the special | 2729 |
education scholarship pilot program, established in sections | 2730 |
3310.51 to 3310.64 of the Revised Code, including the deadline for | 2731 |
application for a scholarship or renewal of a scholarship and | 2732 |
notice of that application to the child's school district, | 2733 |
prescribed in division (C) of section 3310.52 of the Revised Code, | 2734 |
and the provisions of divisions (A) and (B) of section 3310.53 of | 2735 |
the Revised Code. The department shall revise that document as | 2736 |
necessary to reflect any pertinent changes in state or federal | 2737 |
statutory law, rule, or regulation enacted or adopted after the | 2738 |
initial document is developed. The department and each school | 2739 |
district shall ensure that the document prescribed in this section | 2740 |
is included in, appended to, or otherwise distributed in | 2741 |
conjunction with the notice required under 20 U.S.C. 1415(d), and | 2742 |
any provision of the Code of Federal Regulations implementing that | 2743 |
requirement, in the manner and at all the times specified for such | 2744 |
notice in federal law or regulation. As used in this section, a | 2745 |
"child's school district" means the school district in which the | 2746 |
child is entitled to attend school under section 3313.64 or | 2747 |
3313.65 of the Revised Code. | 2748 |
Sec. 4776.01. As used in this chapter: | 2749 |
(A) "License" means any of the following: | 2750 |
(1) An authorization evidenced by a license, certificate, | 2751 |
registration, permit, card, or other authority that is issued or | 2752 |
conferred by a licensing agency described in division (C)(1) of | 2753 |
this section to a licensee or to an applicant for an initial | 2754 |
license by which the licensee or initial license applicant has or | 2755 |
claims the privilege to engage in a profession, occupation, or | 2756 |
occupational activity, or to have control of and operate certain | 2757 |
specific equipment, machinery, or premises, over which the | 2758 |
licensing agency has jurisdiction. | 2759 |
(2) An authorization evidenced by a license or certificate | 2760 |
that is issued by a licensing agency described in division (C)(2) | 2761 |
of this section pursuant to section 4715.12, 4715.16, 4715.21, or | 2762 |
4715.27 of the Revised Code to a licensee or to an applicant for | 2763 |
an initial license by which the licensee or initial license | 2764 |
applicant has or claims the privilege to engage in a profession, | 2765 |
occupation, or occupational activity over which the licensing | 2766 |
agency has jurisdiction. | 2767 |
(B) "Licensee" means the person to whom the license is issued | 2768 |
by a licensing agency. | 2769 |
(C) "Licensing agency" means any of the following: | 2770 |
(1) The board authorized by Chapters 4701., 4717., 4725., | 2771 |
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757., | 2772 |
4759., 4760., 4761., 4762., and 4779. of the Revised Code to | 2773 |
issue a license to engage in a specific profession, occupation, | 2774 |
or occupational activity, or to have charge of and operate | 2775 |
certain specified equipment, machinery, or premises. | 2776 |
(2) The state dental board, relative to its authority to | 2777 |
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or | 2778 |
4715.27 of the Revised Code. | 2779 |
(D) "Applicant for an initial license" includes persons | 2780 |
seeking a license for the first time and persons seeking a license | 2781 |
by reciprocity, endorsement, or similar manner of a license issued | 2782 |
in another state. | 2783 |
(E) "Applicant for a restored license" includes persons | 2784 |
seeking restoration of a certificate under section 4730.14, | 2785 |
4731.281, 4760.06, or 4762.06 of the Revised Code. | 2786 |
(F) "Criminal records check" has the same meaning as in | 2787 |
division | 2788 |
Sec. 5727.84. (A) As used in this section and sections | 2789 |
5727.85, 5727.86, and 5727.87 of the Revised Code: | 2790 |
(1) "School district" means a city, local, or exempted | 2791 |
village school district. | 2792 |
(2) "Joint vocational school district" means a joint | 2793 |
vocational school district created under section 3311.16 of the | 2794 |
Revised Code, and includes a cooperative education school district | 2795 |
created under section 3311.52 or 3311.521 of the Revised Code and | 2796 |
a county school financing district created under section 3311.50 | 2797 |
of the Revised Code. | 2798 |
(3) "Local taxing unit" means a subdivision or taxing unit, | 2799 |
as defined in section 5705.01 of the Revised Code, a park district | 2800 |
created under Chapter 1545. of the Revised Code, or a township | 2801 |
park district established under section 511.23 of the Revised | 2802 |
Code, but excludes school districts and joint vocational school | 2803 |
districts. | 2804 |
(4) "State education aid," for a school district, means the | 2805 |
sum of state aid amounts computed for the district under | 2806 |
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section | 2807 |
3317.022; divisions (B), (C), and (D) of section 3317.023; | 2808 |
divisions (G), (L), and (N) of section 3317.024; and sections | 2809 |
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and | 2810 |
3317.053 of the Revised Code; and the adjustments required by: | 2811 |
division (C) of section 3310.08; division (C)(2) of section | 2812 |
3310.41; section 3310.55; division (C) of section 3314.08; | 2813 |
division (D)(2) of section 3314.091; division (D) of section | 2814 |
3314.13; divisions (E), (K), (L), (M), (N), and (O) of section | 2815 |
3317.023; division (C) of section 3317.20; and sections 3313.979 | 2816 |
and 3313.981 of the Revised Code. However, when calculating | 2817 |
state education aid for a school district for fiscal years 2008 | 2818 |
and 2009, include the amount computed for the district under | 2819 |
Section 269.20.80 of H.B. 119 of the 127th general assembly, as | 2820 |
subsequently amended, instead of division (D) of section | 2821 |
3317.022 of the Revised Code; and include amounts calculated | 2822 |
under Section
269.30.80 of this
act, as subsequently amended | 2823 |
2824 | |
2825 |
(5) "State education aid," for a joint vocational school | 2826 |
district, means the sum of the state aid amounts computed for the | 2827 |
district under division (N) of section 3317.024 and section | 2828 |
3317.16 of the Revised Code. However, when calculating state | 2829 |
education aid for a joint vocational school district for fiscal | 2830 |
years 2008 and 2009, include the amount computed for the district | 2831 |
under Section 269.30.90 of H.B. 119 of the 127th general | 2832 |
assembly, as subsequently amended. | 2833 |
(6) "State education aid offset" means the amount determined | 2834 |
for each school district or joint vocational school district under | 2835 |
division (A)(1) of section 5727.85 of the Revised Code. | 2836 |
(7) "Recognized valuation" has the same meaning as in section | 2837 |
3317.02 of the Revised Code. | 2838 |
(8) "Electric company tax value loss" means the amount | 2839 |
determined under division (D) of this section. | 2840 |
(9) "Natural gas company tax value loss" means the amount | 2841 |
determined under division (E) of this section. | 2842 |
(10) "Tax value loss" means the sum of the electric company | 2843 |
tax value loss and the natural gas company tax value loss. | 2844 |
(11) "Fixed-rate levy" means any tax levied on property other | 2845 |
than a fixed-sum levy. | 2846 |
(12) "Fixed-rate levy loss" means the amount determined under | 2847 |
division (G) of this section. | 2848 |
(13) "Fixed-sum levy" means a tax levied on property at | 2849 |
whatever rate is required to produce a specified amount of tax | 2850 |
money or levied in excess of the ten-mill limitation to pay debt | 2851 |
charges, and includes school district emergency levies imposed | 2852 |
pursuant to section 5705.194 of the Revised Code. | 2853 |
(14) "Fixed-sum levy loss" means the amount determined under | 2854 |
division (H) of this section. | 2855 |
(15) "Consumer price index" means the consumer price index | 2856 |
(all items, all urban consumers) prepared by the bureau of labor | 2857 |
statistics of the United States department of labor. | 2858 |
(B) The kilowatt-hour tax receipts fund is hereby created in | 2859 |
the state treasury and shall consist of money arising from the tax | 2860 |
imposed by section 5727.81 of the Revised Code. All money in the | 2861 |
kilowatt-hour tax receipts fund shall be credited as follows: | 2862 |
(1) Sixty-three per cent shall be credited to the general | 2863 |
revenue fund. | 2864 |
(2) Twenty-five and four-tenths per cent shall be credited to | 2865 |
the school district property tax replacement fund, which is hereby | 2866 |
created in the state treasury for the purpose of making the | 2867 |
payments described in section 5727.85 of the Revised Code. | 2868 |
(3) Eleven and six-tenths per cent shall be credited to the | 2869 |
local government property tax replacement fund, which is hereby | 2870 |
created in the state treasury for the purpose of making the | 2871 |
payments described in section 5727.86 of the Revised Code. | 2872 |
(C) The natural gas tax receipts fund is hereby created in | 2873 |
the state treasury and shall consist of money arising from the tax | 2874 |
imposed by section 5727.811 of the Revised Code. All money in the | 2875 |
fund shall be credited as follows: | 2876 |
(1) Sixty-eight and seven-tenths per cent shall be credited | 2877 |
to the school district property tax replacement fund for the | 2878 |
purpose of making the payments described in section 5727.85 of the | 2879 |
Revised Code. | 2880 |
(2) Thirty-one and three-tenths per cent shall be credited to | 2881 |
the local government property tax replacement fund for the purpose | 2882 |
of making the payments described in section 5727.86 of the Revised | 2883 |
Code. | 2884 |
(D) Not later than January 1, 2002, the tax commissioner | 2885 |
shall determine for each taxing district its electric company tax | 2886 |
value loss, which is the sum of the applicable amounts described | 2887 |
in divisions (D)(1) to (4) of this section: | 2888 |
(1) The difference obtained by subtracting the amount | 2889 |
described in division (D)(1)(b) from the amount described in | 2890 |
division (D)(1)(a) of this section. | 2891 |
(a) The value of electric company and rural electric company | 2892 |
tangible personal property as assessed by the tax commissioner for | 2893 |
tax year 1998 on a preliminary assessment, or an amended | 2894 |
preliminary assessment if issued prior to March 1, 1999, and as | 2895 |
apportioned to the taxing district for tax year 1998; | 2896 |
(b) The value of electric company and rural electric company | 2897 |
tangible personal property as assessed by the tax commissioner for | 2898 |
tax year 1998 had the property been apportioned to the taxing | 2899 |
district for tax year 2001, and assessed at the rates in effect | 2900 |
for tax year 2001. | 2901 |
(2) The difference obtained by subtracting the amount | 2902 |
described in division (D)(2)(b) from the amount described in | 2903 |
division (D)(2)(a) of this section. | 2904 |
(a) The three-year average for tax years 1996, 1997, and 1998 | 2905 |
of the assessed value from nuclear fuel materials and assemblies | 2906 |
assessed against a person under Chapter 5711. of the Revised Code | 2907 |
from the leasing of them to an electric company for those | 2908 |
respective tax years, as reflected in the preliminary assessments; | 2909 |
(b) The three-year average assessed value from nuclear fuel | 2910 |
materials and assemblies assessed under division (D)(2)(a) of this | 2911 |
section for tax years 1996, 1997, and 1998, as reflected in the | 2912 |
preliminary assessments, using an assessment rate of twenty-five | 2913 |
per cent. | 2914 |
(3) In the case of a taxing district having a nuclear power | 2915 |
plant within its territory, any amount, resulting in an electric | 2916 |
company tax value loss, obtained by subtracting the amount | 2917 |
described in division (D)(1) of this section from the difference | 2918 |
obtained by subtracting the amount described in division (D)(3)(b) | 2919 |
of this section from the amount described in division (D)(3)(a) of | 2920 |
this section. | 2921 |
(a) The value of electric company tangible personal property | 2922 |
as assessed by the tax commissioner for tax year 2000 on a | 2923 |
preliminary assessment, or an amended preliminary assessment if | 2924 |
issued prior to March 1, 2001, and as apportioned to the taxing | 2925 |
district for tax year 2000; | 2926 |
(b) The value of electric company tangible personal property | 2927 |
as assessed by the tax commissioner for tax year 2001 on a | 2928 |
preliminary assessment, or an amended preliminary assessment if | 2929 |
issued prior to March 1, 2002, and as apportioned to the taxing | 2930 |
district for tax year 2001. | 2931 |
(4) In the case of a taxing district having a nuclear power | 2932 |
plant within its territory, the difference obtained by subtracting | 2933 |
the amount described in division (D)(4)(b) of this section from | 2934 |
the amount described in division (D)(4)(a) of this section, | 2935 |
provided that such difference is greater than ten per cent of the | 2936 |
amount described in division (D)(4)(a) of this section. | 2937 |
(a) The value of electric company tangible personal property | 2938 |
as assessed by the tax commissioner for tax year 2005 on a | 2939 |
preliminary assessment, or an amended preliminary assessment if | 2940 |
issued prior to March 1, 2006, and as apportioned to the taxing | 2941 |
district for tax year 2005; | 2942 |
(b) The value of electric company tangible personal property | 2943 |
as assessed by the tax commissioner for tax year 2006 on a | 2944 |
preliminary assessment, or an amended preliminary assessment if | 2945 |
issued prior to March 1, 2007, and as apportioned to the taxing | 2946 |
district for tax year 2006. | 2947 |
(E) Not later than January 1, 2002, the tax commissioner | 2948 |
shall determine for each taxing district its natural gas company | 2949 |
tax value loss, which is the sum of the amounts described in | 2950 |
divisions (E)(1) and (2) of this section: | 2951 |
(1) The difference obtained by subtracting the amount | 2952 |
described in division (E)(1)(b) from the amount described in | 2953 |
division (E)(1)(a) of this section. | 2954 |
(a) The value of all natural gas company tangible personal | 2955 |
property, other than property described in division (E)(2) of this | 2956 |
section, as assessed by the tax commissioner for tax year 1999 on | 2957 |
a preliminary assessment, or an amended preliminary assessment if | 2958 |
issued prior to March 1, 2000, and apportioned to the taxing | 2959 |
district for tax year 1999; | 2960 |
(b) The value of all natural gas company tangible personal | 2961 |
property, other than property described in division (E)(2) of this | 2962 |
section, as assessed by the tax commissioner for tax year 1999 had | 2963 |
the property been apportioned to the taxing district for tax year | 2964 |
2001, and assessed at the rates in effect for tax year 2001. | 2965 |
(2) The difference in the value of current gas obtained by | 2966 |
subtracting the amount described in division (E)(2)(b) from the | 2967 |
amount described in division (E)(2)(a) of this section. | 2968 |
(a) The three-year average assessed value of current gas as | 2969 |
assessed by the tax commissioner for tax years 1997, 1998, and | 2970 |
1999 on a preliminary assessment, or an amended preliminary | 2971 |
assessment if issued prior to March 1, 2001, and as apportioned in | 2972 |
the taxing district for those respective years; | 2973 |
(b) The three-year average assessed value from current gas | 2974 |
under division (E)(2)(a) of this section for tax years 1997, 1998, | 2975 |
and 1999, as reflected in the preliminary assessment, using an | 2976 |
assessment rate of twenty-five per cent. | 2977 |
(F) The tax commissioner may request that natural gas | 2978 |
companies, electric companies, and rural electric companies file a | 2979 |
report to help determine the tax value loss under divisions (D) | 2980 |
and (E) of this section. The report shall be filed within thirty | 2981 |
days of the commissioner's request. A company that fails to file | 2982 |
the report or does not timely file the report is subject to the | 2983 |
penalty in section 5727.60 of the Revised Code. | 2984 |
(G) Not later than January 1, 2002, the tax commissioner | 2985 |
shall determine for each school district, joint vocational school | 2986 |
district, and local taxing unit its fixed-rate levy loss, which is | 2987 |
the sum of its electric company tax value loss multiplied by the | 2988 |
tax rate in effect in tax year 1998 for fixed-rate levies and its | 2989 |
natural gas company tax value loss multiplied by the tax rate in | 2990 |
effect in tax year 1999 for fixed-rate levies. | 2991 |
(H) Not later than January 1, 2002, the tax commissioner | 2992 |
shall determine for each school district, joint vocational school | 2993 |
district, and local taxing unit its fixed-sum levy loss, which is | 2994 |
the amount obtained by subtracting the amount described in | 2995 |
division (H)(2) of this section from the amount described in | 2996 |
division (H)(1) of this section: | 2997 |
(1) The sum of the electric company tax value loss multiplied | 2998 |
by the tax rate in effect in tax year 1998, and the natural gas | 2999 |
company tax value loss multiplied by the tax rate in effect in tax | 3000 |
year 1999, for fixed-sum levies for all taxing districts within | 3001 |
each school district, joint vocational school district, and local | 3002 |
taxing unit. For the years 2002 through 2006, this computation | 3003 |
shall include school district emergency levies that existed in | 3004 |
1998 in the case of the electric company tax value loss, and 1999 | 3005 |
in the case of the natural gas company tax value loss, and all | 3006 |
other fixed-sum levies that existed in 1998 in the case of the | 3007 |
electric company tax value loss and 1999 in the case of the | 3008 |
natural gas company tax value loss and continue to be charged in | 3009 |
the tax year preceding the distribution year. For the years 2007 | 3010 |
through 2016 in the case of school district emergency levies, and | 3011 |
for all years after 2006 in the case of all other fixed-sum | 3012 |
levies, this computation shall exclude all fixed-sum levies that | 3013 |
existed in 1998 in the case of the electric company tax value loss | 3014 |
and 1999 in the case of the natural gas company tax value loss, | 3015 |
but are no longer in effect in the tax year preceding the | 3016 |
distribution year. For the purposes of this section, an emergency | 3017 |
levy that existed in 1998 in the case of the electric company tax | 3018 |
value loss, and 1999 in the case of the natural gas company tax | 3019 |
value loss, continues to exist in a year beginning on or after | 3020 |
January 1, 2007, but before January 1, 2017, if, in that year, the | 3021 |
board of education levies a school district emergency levy for an | 3022 |
annual sum at least equal to the annual sum levied by the board in | 3023 |
tax year 1998 or 1999, respectively, less the amount of the | 3024 |
payment certified under this division for 2002. | 3025 |
(2) The total taxable value in tax year 1999 less the tax | 3026 |
value loss in each school district, joint vocational school | 3027 |
district, and local taxing unit multiplied by one-fourth of one | 3028 |
mill. | 3029 |
If the amount computed under division (H) of this section for | 3030 |
any school district, joint vocational school district, or local | 3031 |
taxing unit is greater than zero, that amount shall equal the | 3032 |
fixed-sum levy loss reimbursed pursuant to division (E) of section | 3033 |
5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 3034 |
of the Revised Code, and the one-fourth of one mill that is | 3035 |
subtracted under division (H)(2) of this section shall be | 3036 |
apportioned among all contributing fixed-sum levies in the | 3037 |
proportion of each levy to the sum of all fixed-sum levies within | 3038 |
each school district, joint vocational school district, or local | 3039 |
taxing unit. | 3040 |
(I) Notwithstanding divisions (D), (E), (G), and (H) of this | 3041 |
section, in computing the tax value loss, fixed-rate levy loss, | 3042 |
and fixed-sum levy loss, the tax commissioner shall use the | 3043 |
greater of the 1998 tax rate or the 1999 tax rate in the case of | 3044 |
levy losses associated with the electric company tax value loss, | 3045 |
but the 1999 tax rate shall not include for this purpose any tax | 3046 |
levy approved by the voters after June 30, 1999, and the tax | 3047 |
commissioner shall use the greater of the 1999 or the 2000 tax | 3048 |
rate in the case of levy losses associated with the natural gas | 3049 |
company tax value loss. | 3050 |
(J) Not later than January 1, 2002, the tax commissioner | 3051 |
shall certify to the department of education the tax value loss | 3052 |
determined under divisions (D) and (E) of this section for each | 3053 |
taxing district, the fixed-rate levy loss calculated under | 3054 |
division (G) of this section, and the fixed-sum levy loss | 3055 |
calculated under division (H) of this section. The calculations | 3056 |
under divisions (G) and (H) of this section shall separately | 3057 |
display the levy loss for each levy eligible for reimbursement. | 3058 |
(K) Not later than September 1, 2001, the tax commissioner | 3059 |
shall certify the amount of the fixed-sum levy loss to the county | 3060 |
auditor of each county in which a school district with a fixed-sum | 3061 |
levy loss has territory. | 3062 |
Section 2. That existing sections 109.57, 109.572, 3301.0714, | 3063 |
3317.022, 3317.03, 4776.01, and 5727.84 of the Revised Code are | 3064 |
hereby repealed. | 3065 |
Section 3. The State Board of Education shall initiate | 3066 |
rulemaking procedures for the rules for the Special Education | 3067 |
Scholarship Pilot Program, required under section 3310.64 of the | 3068 |
Revised Code, as enacted by this act, so that those rules are in | 3069 |
effect by January 31, 2009. | 3070 |
Section 4. The Department of Education shall conduct a | 3071 |
formative evaluation of the Special Education Scholarship Pilot | 3072 |
Program established under sections 3310.51 to 3310.64 of the | 3073 |
Revised Code, using both quantitative and qualitative analyses, | 3074 |
and shall report its findings to the General Assembly not later | 3075 |
than December 31, 2011. In conducting the evaluation, the | 3076 |
Department shall to the extent possible gather comments from | 3077 |
parents who have been awarded scholarships under the program, | 3078 |
school district officials, representatives of registered private | 3079 |
providers, educators, and representatives of educational | 3080 |
organizations for inclusion in the report required under this | 3081 |
section. | 3082 |
Section 5. That Section 3 of Am. Sub. H.B. 79 of the 126th | 3083 |
General Assembly be amended to read as follows: | 3084 |
Sec. 3. The Partnership for Continued Learning shall study | 3085 |
the operation and oversight of community schools and the | 3086 |
Educational Choice Scholarship Pilot Program established under | 3087 |
Chapter 3310. of the Revised Code. The study shall include, but | 3088 |
not be limited to, an evaluation of the impact of community | 3089 |
schools and the Educational Choice Scholarship Pilot Program on | 3090 |
students, communities, traditional public schools, and chartered | 3091 |
nonpublic schools. Not later than | 3092 |
3093 | |
submit recommendations to the General Assembly. | 3094 |
Section 6. That existing Section 3 of Am. Sub. H.B. 79 of the | 3095 |
126th General Assembly is hereby repealed. | 3096 |