As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 530

Representatives Driehaus, Mecklenborg 

Cosponsors: Representatives Blessing, Domenick, Hagan, Harris, Morgan, Pillich, Stautberg, Sykes, Uecker 

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A BILL

To amend sections 109.57, 3313.61, 3317.03, 3319.31,

1

3319.311, and 4117.01 and to enact sections

2

3328.01 to 3328.04, 3328.11 to 3328.15, 3328.17 to

3

3328.19, 3328.191, 3328.192, 3328.193, 3328.20 to

4

3328.26, 3328.31 to 3328.36, 3328.41, 3328.45,

5

3328.50, and 3328.99 of the Revised Code to permit

6

the establishment of public college-preparatory

7

boarding schools for at-risk students to be

8

operated by private nonprofit entities.

9

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

Section 1.  That sections 109.57, 3313.61, 3317.03, 3319.31,	10
3319.311, and 4117.01 be amended and sections 3328.01, 3328.02,	11
3328.03, 3328.04, 3328.11, 3328.12, 3328.13, 3328.14, 3328.15,	12
3328.17, 3328.18, 3328.19, 3328.191, 3328.192, 3328.193, 3328.20,	13
3328.21, 3328.22, 3328.23, 3328.24, 3328.25, 3328.26, 3328.31,	14
3328.32, 3328.33, 3328.34, 3328.35, 3328.36, 3328.41, 3328.45,	15
3328.50, and 3328.99 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),	25
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	26
of all children under eighteen years of age who have been	27
adjudicated delinquent children for committing within this state	28
an act that would be a felony or an offense of violence if	29
committed by an adult or who have been convicted of or pleaded	30
guilty to committing within this state a felony or an offense of	31
violence, and of all well-known and habitual criminals. The person	32
in charge of any county, multicounty, municipal, municipal-county,	33
or multicounty-municipal jail or workhouse, community-based	34
correctional facility, halfway house, alternative residential	35
facility, or state correctional institution and the person in	36
charge of any state institution having custody of a person	37
suspected of having committed a felony, any crime constituting a	38
misdemeanor on the first offense and a felony on subsequent	39
offenses, or any misdemeanor described in division (A)(1)(a),	40
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	41
having custody of a child under eighteen years of age with respect	42
to whom there is probable cause to believe that the child may have	43
committed an act that would be a felony or an offense of violence	44
if committed by an adult shall furnish such material to the	45
superintendent of the bureau. Fingerprints, photographs, or other	46
descriptive information of a child who is under eighteen years of	47
age, has not been arrested or otherwise taken into custody for	48
committing an act that would be a felony or an offense of violence	49
who is not in any other category of child specified in this	50
division, if committed by an adult, has not been adjudicated a	51
delinquent child for committing an act that would be a felony or	52
an offense of violence if committed by an adult, has not been	53
convicted of or pleaded guilty to committing a felony or an	54
offense of violence, and is not a child with respect to whom there	55
is probable cause to believe that the child may have committed an	56
act that would be a felony or an offense of violence if committed	57
by an adult shall not be procured by the superintendent or	58
furnished by any person in charge of any county, multicounty,	59
municipal, municipal-county, or multicounty-municipal jail or	60
workhouse, community-based correctional facility, halfway house,	61
alternative residential facility, or state correctional	62
institution, except as authorized in section 2151.313 of the	63
Revised Code.	64

(2) Every clerk of a court of record in this state, other	65
than the supreme court or a court of appeals, shall send to the	66
superintendent of the bureau a weekly report containing a summary	67
of each case involving a felony, involving any crime constituting	68
a misdemeanor on the first offense and a felony on subsequent	69
offenses, involving a misdemeanor described in division (A)(1)(a),	70
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	71
or involving an adjudication in a case in which a child under	72
eighteen years of age was alleged to be a delinquent child for	73
committing an act that would be a felony or an offense of violence	74
if committed by an adult. The clerk of the court of common pleas	75
shall include in the report and summary the clerk sends under this	76
division all information described in divisions (A)(2)(a) to (f)	77
of this section regarding a case before the court of appeals that	78
is served by that clerk. The summary shall be written on the	79
standard forms furnished by the superintendent pursuant to	80
division (B) of this section and shall include the following	81
information:	82

(a) The incident tracking number contained on the standard	83
forms furnished by the superintendent pursuant to division (B) of	84
this section;	85

(b) The style and number of the case;

86

(c) The date of arrest, offense, summons, or arraignment;

87

(d) The date that the person was convicted of or pleaded	88
guilty to the offense, adjudicated a delinquent child for	89
committing the act that would be a felony or an offense of	90
violence if committed by an adult, found not guilty of the	91
offense, or found not to be a delinquent child for committing an	92
act that would be a felony or an offense of violence if committed	93
by an adult, the date of an entry dismissing the charge, an entry	94
declaring a mistrial of the offense in which the person is	95
discharged, an entry finding that the person or child is not	96
competent to stand trial, or an entry of a nolle prosequi, or the	97
date of any other determination that constitutes final resolution	98
of the case;	99

(e) A statement of the original charge with the section of	100
the Revised Code that was alleged to be violated;	101

(f) If the person or child was convicted, pleaded guilty, or	102
was adjudicated a delinquent child, the sentence or terms of	103
probation imposed or any other disposition of the offender or the	104
delinquent child.	105

If the offense involved the disarming of a law enforcement	106
officer or an attempt to disarm a law enforcement officer, the	107
clerk shall clearly state that fact in the summary, and the	108
superintendent shall ensure that a clear statement of that fact is	109
placed in the bureau's records.	110

(3) The superintendent shall cooperate with and assist	111
sheriffs, chiefs of police, and other law enforcement officers in	112
the establishment of a complete system of criminal identification	113
and in obtaining fingerprints and other means of identification of	114
all persons arrested on a charge of a felony, any crime	115
constituting a misdemeanor on the first offense and a felony on	116
subsequent offenses, or a misdemeanor described in division	117
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	118
Revised Code and of all children under eighteen years of age	119
arrested or otherwise taken into custody for committing an act	120
that would be a felony or an offense of violence if committed by	121
an adult. The superintendent also shall file for record the	122
fingerprint impressions of all persons confined in a county,	123
multicounty, municipal, municipal-county, or multicounty-municipal	124
jail or workhouse, community-based correctional facility, halfway	125
house, alternative residential facility, or state correctional	126
institution for the violation of state laws and of all children	127
under eighteen years of age who are confined in a county,	128
multicounty, municipal, municipal-county, or multicounty-municipal	129
jail or workhouse, community-based correctional facility, halfway	130
house, alternative residential facility, or state correctional	131
institution or in any facility for delinquent children for	132
committing an act that would be a felony or an offense of violence	133
if committed by an adult, and any other information that the	134
superintendent may receive from law enforcement officials of the	135
state and its political subdivisions.	136

(4) The superintendent shall carry out Chapter 2950. of the	137
Revised Code with respect to the registration of persons who are	138
convicted of or plead guilty to a sexually oriented offense or a	139
child-victim oriented offense and with respect to all other duties	140
imposed on the bureau under that chapter.	141

(5) The bureau shall perform centralized recordkeeping	142
functions for criminal history records and services in this state	143
for purposes of the national crime prevention and privacy compact	144
set forth in section 109.571 of the Revised Code and is the	145
criminal history record repository as defined in that section for	146
purposes of that compact. The superintendent or the	147
superintendent's designee is the compact officer for purposes of	148
that compact and shall carry out the responsibilities of the	149
compact officer specified in that compact.	150

(B) The superintendent shall prepare and furnish to every	151
county, multicounty, municipal, municipal-county, or	152
multicounty-municipal jail or workhouse, community-based	153
correctional facility, halfway house, alternative residential	154
facility, or state correctional institution and to every clerk of	155
a court in this state specified in division (A)(2) of this section	156
standard forms for reporting the information required under	157
division (A) of this section. The standard forms that the	158
superintendent prepares pursuant to this division may be in a	159
tangible format, in an electronic format, or in both tangible	160
formats and electronic formats.	161

(C)(1) The superintendent may operate a center for	162
electronic, automated, or other data processing for the storage	163
and retrieval of information, data, and statistics pertaining to	164
criminals and to children under eighteen years of age who are	165
adjudicated delinquent children for committing an act that would	166
be a felony or an offense of violence if committed by an adult,	167
criminal activity, crime prevention, law enforcement, and criminal	168
justice, and may establish and operate a statewide communications	169
network to gather and disseminate information, data, and	170
statistics for the use of law enforcement agencies and for other	171
uses specified in this division. The superintendent may gather,	172
store, retrieve, and disseminate information, data, and statistics	173
that pertain to children who are under eighteen years of age and	174
that are gathered pursuant to sections 109.57 to 109.61 of the	175
Revised Code together with information, data, and statistics that	176
pertain to adults and that are gathered pursuant to those	177
sections.	178

(2) The superintendent or the superintendent's designee shall	179
gather information of the nature described in division (C)(1) of	180
this section that pertains to the offense and delinquency history	181
of a person who has been convicted of, pleaded guilty to, or been	182
adjudicated a delinquent child for committing a sexually oriented	183
offense or a child-victim oriented offense for inclusion in the	184
state registry of sex offenders and child-victim offenders	185
maintained pursuant to division (A)(1) of section 2950.13 of the	186
Revised Code and in the internet database operated pursuant to	187
division (A)(13) of that section and for possible inclusion in the	188
internet database operated pursuant to division (A)(11) of that	189
section.	190

(3) In addition to any other authorized use of information,	191
data, and statistics of the nature described in division (C)(1) of	192
this section, the superintendent or the superintendent's designee	193
may provide and exchange the information, data, and statistics	194
pursuant to the national crime prevention and privacy compact as	195
described in division (A)(5) of this section.	196

(D) The information and materials furnished to the	197
superintendent pursuant to division (A) of this section and	198
information and materials furnished to any board or person under	199
division (F) or (G) of this section are not public records under	200
section 149.43 of the Revised Code. The superintendent or the	201
superintendent's designee shall gather and retain information so	202
furnished under division (A) of this section that pertains to the	203
offense and delinquency history of a person who has been convicted	204
of, pleaded guilty to, or been adjudicated a delinquent child for	205
committing a sexually oriented offense or a child-victim oriented	206
offense for the purposes described in division (C)(2) of this	207
section.	208

(E) The attorney general shall adopt rules, in accordance	209
with Chapter 119. of the Revised Code, setting forth the procedure	210
by which a person may receive or release information gathered by	211
the superintendent pursuant to division (A) of this section. A	212
reasonable fee may be charged for this service. If a temporary	213
employment service submits a request for a determination of	214
whether a person the service plans to refer to an employment	215
position has been convicted of or pleaded guilty to an offense	216
listed in division (A)(1), (3), (4), (5), or (6) of section	217
109.572 of the Revised Code, the request shall be treated as a	218
single request and only one fee shall be charged.	219

(F)(1) As used in division (F)(2) of this section, "head	220
start agency" means an entity in this state that has been approved	221
to be an agency for purposes of subchapter II of the "Community	222
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	223
as amended.	224

(2)(a) In addition to or in conjunction with any request that	225
is required to be made under section 109.572, 2151.86, 3301.32,	226
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,	227
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	228
Code or that is made under section 3314.41, 3319.392, or 3326.25,	229
or 3328.20 of the Revised Code, the board of education of any	230
school district; the director of developmental disabilities; any	231
county board of developmental disabilities; any entity under	232
contract with a county board of developmental disabilities; the	233
chief administrator of any chartered nonpublic school; the chief	234
administrator of any home health agency; the chief administrator	235
of or person operating any child day-care center, type A family	236
day-care home, or type B family day-care home licensed or	237
certified under Chapter 5104. of the Revised Code; the	238
administrator of any type C family day-care home certified	239
pursuant to Section 1 of Sub. H.B. 62 of the 121st general	240
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general	241
assembly; the chief administrator of any head start agency; the	242
executive director of a public children services agency; a private	243
company described in section 3314.41, 3319.392, or 3326.25, or	244
3328.20 of the Revised Code; or an employer described in division	245
(J)(2) of section 3327.10 of the Revised Code may request that the	246
superintendent of the bureau investigate and determine, with	247
respect to any individual who has applied for employment in any	248
position after October 2, 1989, or any individual wishing to apply	249
for employment with a board of education may request, with regard	250
to the individual, whether the bureau has any information gathered	251
under division (A) of this section that pertains to that	252
individual. On receipt of the request, the superintendent shall	253
determine whether that information exists and, upon request of the	254
person, board, or entity requesting information, also shall	255
request from the federal bureau of investigation any criminal	256
records it has pertaining to that individual. The superintendent	257
or the superintendent's designee also may request criminal history	258
records from other states or the federal government pursuant to	259
the national crime prevention and privacy compact set forth in	260
section 109.571 of the Revised Code. Within thirty days of the	261
date that the superintendent receives a request, the	262
superintendent shall send to the board, entity, or person a report	263
of any information that the superintendent determines exists,	264
including information contained in records that have been sealed	265
under section 2953.32 of the Revised Code, and, within thirty days	266
of its receipt, shall send the board, entity, or person a report	267
of any information received from the federal bureau of	268
investigation, other than information the dissemination of which	269
is prohibited by federal law.	270

(b) When a board of education is required to receive	271
information under this section as a prerequisite to employment of	272
an individual pursuant to section 3319.39 of the Revised Code, it	273
may accept a certified copy of records that were issued by the	274
bureau of criminal identification and investigation and that are	275
presented by an individual applying for employment with the	276
district in lieu of requesting that information itself. In such a	277
case, the board shall accept the certified copy issued by the	278
bureau in order to make a photocopy of it for that individual's	279
employment application documents and shall return the certified	280
copy to the individual. In a case of that nature, a district only	281
shall accept a certified copy of records of that nature within one	282
year after the date of their issuance by the bureau.	283

(c) Notwithstanding division (F)(2)(a) of this section, in	284
the case of a request under section 3319.39, 3319.391, or 3327.10	285
of the Revised Code only for criminal records maintained by the	286
federal bureau of investigation, the superintendent shall not	287
determine whether any information gathered under division (A) of	288
this section exists on the person for whom the request is made.	289

(3) The state board of education may request, with respect to	290
any individual who has applied for employment after October 2,	291
1989, in any position with the state board or the department of	292
education, any information that a school district board of	293
education is authorized to request under division (F)(2) of this	294
section, and the superintendent of the bureau shall proceed as if	295
the request has been received from a school district board of	296
education under division (F)(2) of this section.	297

(4) When the superintendent of the bureau receives a request	298
for information under section 3319.291 of the Revised Code, the	299
superintendent shall proceed as if the request has been received	300
from a school district board of education and shall comply with	301
divisions (F)(2)(a) and (c) of this section.	302

(5) When a recipient of a classroom reading improvement grant	303
paid under section 3301.86 of the Revised Code requests, with	304
respect to any individual who applies to participate in providing	305
any program or service funded in whole or in part by the grant,	306
the information that a school district board of education is	307
authorized to request under division (F)(2)(a) of this section,	308
the superintendent of the bureau shall proceed as if the request	309
has been received from a school district board of education under	310
division (F)(2)(a) of this section.	311

(G) In addition to or in conjunction with any request that is	312
required to be made under section 3701.881, 3712.09, 3721.121, or	313
3722.151 of the Revised Code with respect to an individual who has	314
applied for employment in a position that involves providing	315
direct care to an older adult, the chief administrator of a home	316
health agency, hospice care program, home licensed under Chapter	317
3721. of the Revised Code, adult day-care program operated	318
pursuant to rules adopted under section 3721.04 of the Revised	319
Code, or adult care facility may request that the superintendent	320
of the bureau investigate and determine, with respect to any	321
individual who has applied after January 27, 1997, for employment	322
in a position that does not involve providing direct care to an	323
older adult, whether the bureau has any information gathered under	324
division (A) of this section that pertains to that individual.	325

In addition to or in conjunction with any request that is	326
required to be made under section 173.27 of the Revised Code with	327
respect to an individual who has applied for employment in a	328
position that involves providing ombudsperson services to	329
residents of long-term care facilities or recipients of	330
community-based long-term care services, the state long-term care	331
ombudsperson, ombudsperson's designee, or director of health may	332
request that the superintendent investigate and determine, with	333
respect to any individual who has applied for employment in a	334
position that does not involve providing such ombudsperson	335
services, whether the bureau has any information gathered under	336
division (A) of this section that pertains to that applicant.	337

In addition to or in conjunction with any request that is	338
required to be made under section 173.394 of the Revised Code with	339
respect to an individual who has applied for employment in a	340
position that involves providing direct care to an individual, the	341
chief administrator of a community-based long-term care agency may	342
request that the superintendent investigate and determine, with	343
respect to any individual who has applied for employment in a	344
position that does not involve providing direct care, whether the	345
bureau has any information gathered under division (A) of this	346
section that pertains to that applicant.	347

On receipt of a request under this division, the	348
superintendent shall determine whether that information exists	349
and, on request of the individual requesting information, shall	350
also request from the federal bureau of investigation any criminal	351
records it has pertaining to the applicant. The superintendent or	352
the superintendent's designee also may request criminal history	353
records from other states or the federal government pursuant to	354
the national crime prevention and privacy compact set forth in	355
section 109.571 of the Revised Code. Within thirty days of the	356
date a request is received, the superintendent shall send to the	357
requester a report of any information determined to exist,	358
including information contained in records that have been sealed	359
under section 2953.32 of the Revised Code, and, within thirty days	360
of its receipt, shall send the requester a report of any	361
information received from the federal bureau of investigation,	362
other than information the dissemination of which is prohibited by	363
federal law.	364

(H) Information obtained by a government entity or person	365
under this section is confidential and shall not be released or	366
disseminated.	367

(I) The superintendent may charge a reasonable fee for	368
providing information or criminal records under division (F)(2) or	369
(G) of this section.	370

(J) As used in this section, "sexually oriented offense" and	371
"child-victim oriented offense" have the same meanings as in	372
section 2950.01 of the Revised Code.	373

Sec. 3313.61.  (A) A diploma shall be granted by the board of	374
education of any city, exempted village, or local school district	375
that operates a high school to any person to whom all of the	376
following apply:	377

(1) The person has successfully completed the curriculum in	378
any high school or the individualized education program developed	379
for the person by any high school pursuant to section 3323.08 of	380
the Revised Code, or has qualified under division (D) or (F) of	381
section 3313.603 of the Revised Code, provided that no school	382
district shall require a student to remain in school for any	383
specific number of semesters or other terms if the student	384
completes the required curriculum early;	385

(2) Subject to section 3313.614 of the Revised Code, the	386
person has met the assessment requirements of division (A)(2)(a)	387
or (b) of this section, as applicable.	388

(a) If the person entered the ninth grade prior to the date	389
prescribed by rule of the state board of education under division	390
(E)(2) of section 3301.0712 of the Revised Code, the person	391
either:	392

(i) Has attained at least the applicable scores designated	393
under division (B)(1) of section 3301.0710 of the Revised Code on	394
all the assessments required by that division unless the person	395
was excused from taking any such assessment pursuant to section	396
3313.532 of the Revised Code or unless division (H) or (L) of this	397
section applies to the person;	398

(ii) Has satisfied the alternative conditions prescribed in	399
section 3313.615 of the Revised Code.	400

(b) If the person entered the ninth grade on or after the	401
date prescribed by rule of the state board under division (E)(2)	402
of section 3301.0712 of the Revised Code, the person has attained	403
on the entire assessment system prescribed under division (B)(2)	404
of section 3301.0710 of the Revised Code at least the required	405
passing composite score, designated under division (C)(1) of	406
section 3301.0712 of the Revised Code, except to the extent that	407
the person is excused from some portion of that assessment system	408
pursuant to section 3313.532 of the Revised Code or division (H)	409
or (L) of this section.	410

(3) The person is not eligible to receive an honors diploma	411
granted pursuant to division (B) of this section.	412

Except as provided in divisions (C), (E), (J), and (L) of	413
this section, no diploma shall be granted under this division to	414
anyone except as provided under this division.	415

(B) In lieu of a diploma granted under division (A) of this	416
section, an honors diploma shall be granted, in accordance with	417
rules of the state board, by any such district board to anyone who	418
accomplishes all of the following:	419

(1) Successfully completes the curriculum in any high school	420
or the individualized education program developed for the person	421
by any high school pursuant to section 3323.08 of the Revised	422
Code;	423

(2) Subject to section 3313.614 of the Revised Code, has met	424
the assessment requirements of division (B)(2)(a) or (b) of this	425
section, as applicable.	426

(a) If the person entered the ninth grade prior to the date	427
prescribed by rule of the state board of education under division	428
(E)(2) of section 3301.0712 of the Revised Code, the person	429
either:	430

(i) Has attained at least the applicable scores designated	431
under division (B)(1) of section 3301.0710 of the Revised Code on	432
all the assessments required by that division;	433

(ii) Has satisfied the alternative conditions prescribed in	434
section 3313.615 of the Revised Code.	435

(b) If the person entered the ninth grade on or after the	436
date prescribed by rule of the state board under division (E)(2)	437
of section 3301.0712 of the Revised Code, the person has attained	438
on the entire assessment system prescribed under division (B)(2)	439
of section 3301.0710 of the Revised Code at least the required	440
passing composite score, designated under division (C)(1) of	441
section 3301.0712 of the Revised Code.	442

(3) Has met additional criteria established by the state	443
board for the granting of such a diploma.	444

An honors diploma shall not be granted to a student who is	445
subject to the Ohio core curriculum prescribed in division (C) of	446
section 3313.603 of the Revised Code but elects the option of	447
division (D) or (F) of that section. Except as provided in	448
divisions (C), (E), and (J) of this section, no honors diploma	449
shall be granted to anyone failing to comply with this division	450
and no more than one honors diploma shall be granted to any	451
student under this division.	452

The state board shall adopt rules prescribing the granting of	453
honors diplomas under this division. These rules may prescribe the	454
granting of honors diplomas that recognize a student's achievement	455
as a whole or that recognize a student's achievement in one or	456
more specific subjects or both. The rules may prescribe the	457
granting of an honors diploma recognizing technical expertise for	458
a career-technical student. In any case, the rules shall designate	459
two or more criteria for the granting of each type of honors	460
diploma the board establishes under this division and the number	461
of such criteria that must be met for the granting of that type of	462
diploma. The number of such criteria for any type of honors	463
diploma shall be at least one less than the total number of	464
criteria designated for that type and no one or more particular	465
criteria shall be required of all persons who are to be granted	466
that type of diploma.	467

(C) Any district board administering any of the assessments	468
required by section 3301.0710 of the Revised Code to any person	469
requesting to take such assessment pursuant to division (B)(8)(b)	470
of section 3301.0711 of the Revised Code shall award a diploma to	471
such person if the person attains at least the applicable scores	472
designated under division (B)(1) of section 3301.0710 of the	473
Revised Code on all the assessments administered and if the person	474
has previously attained the applicable scores on all the other	475
assessments required by division (B)(1) of that section or has	476
been exempted or excused from attaining the applicable score on	477
any such assessment pursuant to division (H) or (L) of this	478
section or from taking any such assessment pursuant to section	479
3313.532 of the Revised Code.	480

(D) Each diploma awarded under this section shall be signed	481
by the president and treasurer of the issuing board, the	482
superintendent of schools, and the principal of the high school.	483
Each diploma shall bear the date of its issue, be in such form as	484
the district board prescribes, and be paid for out of the	485
district's general fund.	486

(E) A person who is a resident of Ohio and is eligible under	487
state board of education minimum standards to receive a high	488
school diploma based in whole or in part on credits earned while	489
an inmate of a correctional institution operated by the state or	490
any political subdivision thereof, shall be granted such diploma	491
by the correctional institution operating the programs in which	492
such credits were earned, and by the board of education of the	493
school district in which the inmate resided immediately prior to	494
the inmate's placement in the institution. The diploma granted by	495
the correctional institution shall be signed by the director of	496
the institution, and by the person serving as principal of the	497
institution's high school and shall bear the date of issue.	498

(F) Persons who are not residents of Ohio but who are inmates	499
of correctional institutions operated by the state or any	500
political subdivision thereof, and who are eligible under state	501
board of education minimum standards to receive a high school	502
diploma based in whole or in part on credits earned while an	503
inmate of the correctional institution, shall be granted a diploma	504
by the correctional institution offering the program in which the	505
credits were earned. The diploma granted by the correctional	506
institution shall be signed by the director of the institution and	507
by the person serving as principal of the institution's high	508
school and shall bear the date of issue.	509

(G) The state board of education shall provide by rule for	510
the administration of the assessments required by section	511
3301.0710 of the Revised Code to inmates of correctional	512
institutions.	513

(H) Any person to whom all of the following apply shall be	514
exempted from attaining the applicable score on the assessment in	515
social studies designated under division (B)(1) of section	516
3301.0710 of the Revised Code, any social studies end-of-course	517
examination required under division (B)(2) of that section if such	518
an exemption is prescribed by rule of the state board under	519
division (E)(4) of section 3301.0712 of the Revised Code, or the	520
test in citizenship designated under former division (B) of	521
section 3301.0710 of the Revised Code as it existed prior to	522
September 11, 2001:	523

(1) The person is not a citizen of the United States;

524

(2) The person is not a permanent resident of the United	525
States;	526

(3) The person indicates no intention to reside in the United	527
States after the completion of high school.	528

(I) Notwithstanding division (D) of section 3311.19 and	529
division (D) of section 3311.52 of the Revised Code, this section	530
and section 3311.611 of the Revised Code do not apply to the board	531
of education of any joint vocational school district or any	532
cooperative education school district established pursuant to	533
divisions (A) to (C) of section 3311.52 of the Revised Code.	534

(J) Upon receipt of a notice under division (D) of section	535
3325.08 or division (D) of section 3328.25 of the Revised Code	536
that a student has received a diploma under thateither section,	537
the board of education receiving the notice may grant a high	538
school diploma under this section to the student, except that such	539
board shall grant the student a diploma if the student meets the	540
graduation requirements that the student would otherwise have had	541
to meet to receive a diploma from the district. The diploma	542
granted under this section shall be of the same type the notice	543
indicates the student received under section 3325.08 or 3328.25 of	544
the Revised Code.	545

(K) As used in this division, "limited English proficient	546
student" has the same meaning as in division (C)(3) of section	547
3301.0711 of the Revised Code.	548

Notwithstanding division (C)(3) of section 3301.0711 of the	549
Revised Code, no limited English proficient student who has not	550
either attained the applicable scores designated under division	551
(B)(1) of section 3301.0710 of the Revised Code on all the	552
assessments required by that division, or attained the composite	553
score designated for the assessments required by division (B)(2)	554
of that section, shall be awarded a diploma under this section.	555

(L) Any student described by division (A)(1) of this section	556
may be awarded a diploma without attaining the applicable scores	557
designated on the assessments prescribed under division (B) of	558
section 3301.0710 of the Revised Code provided an individualized	559
education program specifically exempts the student from attaining	560
such scores. This division does not negate the requirement for	561
such a student to take all such assessments or alternate	562
assessments required by division (C)(1) of section 3301.0711 of	563
the Revised Code for the purpose of assessing student progress as	564
required by federal law.	565

Sec. 3317.03.  The information certified and verified under	566
this section shall be used to calculate payments under this	567
chapter and Chapter 3306. of the Revised Code.	568

(A) The superintendent of each city, local, and exempted	569
village school district and of each educational service center	570
shall, for the schools under the superintendent's supervision,	571
certify to the state board of education on or before the fifteenth	572
day of October in each year for the first full school week in	573
October the average daily membership of students receiving	574
services from schools under the superintendent's supervision, and	575
the numbers of other students entitled to attend school in the	576
district under section 3313.64 or 3313.65 of the Revised Code the	577
superintendent is required to report under this section, so that	578
the department of education can calculate the district's formula	579
ADM. If a school under the superintendent's supervision is closed	580
for one or more days during that week due to hazardous weather	581
conditions or other circumstances described in the first paragraph	582
of division (B) of section 3317.01 of the Revised Code, the	583
superintendent may apply to the superintendent of public	584
instruction for a waiver, under which the superintendent of public	585
instruction may exempt the district superintendent from certifying	586
the average daily membership for that school for that week and	587
specify an alternate week for certifying the average daily	588
membership of that school.	589

The average daily membership during such week shall consist	590
of the sum of the following:	591

(1) On an FTE basis, the number of students in grades	592
kindergarten through twelve receiving any educational services	593
from the district, except that the following categories of	594
students shall not be included in the determination:	595

(a) Students enrolled in adult education classes;

596

(b) Adjacent or other district students enrolled in the	597
district under an open enrollment policy pursuant to section	598
3313.98 of the Revised Code;	599

(c) Students receiving services in the district pursuant to a	600
compact, cooperative education agreement, or a contract, but who	601
are entitled to attend school in another district pursuant to	602
section 3313.64 or 3313.65 of the Revised Code;	603

(d) Students for whom tuition is payable pursuant to sections	604
3317.081 and 3323.141 of the Revised Code;	605

(e) Students receiving services in the district through a	606
scholarship awarded under section 3310.41 of the Revised Code.	607

(2) On an FTE basis, the number of students entitled to	608
attend school in the district pursuant to section 3313.64 or	609
3313.65 of the Revised Code, but receiving educational services in	610
grades kindergarten through twelve from one or more of the	611
following entities:	612

(a) A community school pursuant to Chapter 3314. of the	613
Revised Code, including any participation in a college pursuant to	614
Chapter 3365. of the Revised Code while enrolled in such community	615
school;	616

(b) An alternative school pursuant to sections 3313.974 to	617
3313.979 of the Revised Code as described in division (I)(2)(a) or	618
(b) of this section;	619

(c) A college pursuant to Chapter 3365. of the Revised Code,	620
except when the student is enrolled in the college while also	621
enrolled in a community school pursuant to Chapter 3314. or a	622
science, technology, engineering, and mathematics school	623
established under Chapter 3326. of the Revised Code;	624

(d) An adjacent or other school district under an open	625
enrollment policy adopted pursuant to section 3313.98 of the	626
Revised Code;	627

(e) An educational service center or cooperative education	628
district;	629

(f) Another school district under a cooperative education	630
agreement, compact, or contract;	631

(g) A chartered nonpublic school with a scholarship paid	632
under section 3310.08 of the Revised Code;	633

(h) An alternative public provider or a registered private	634
provider with a scholarship awarded under section 3310.41 of the	635
Revised Code.	636

As used in this section, "alternative public provider" and	637
"registered private provider" have the same meanings as in section	638
3310.41 of the Revised Code.	639

(i) A science, technology, engineering, and mathematics	640
school established under Chapter 3326. of the Revised Code,	641
including any participation in a college pursuant to Chapter 3365.	642
of the Revised Code while enrolled in the school;	643

(j) A college-preparatory boarding school established under	644
Chapter 3328. of the Revised Code.	645

(3) The number of students enrolled in a joint vocational	646
school district or under a vocational education compact, excluding	647
any students entitled to attend school in the district under	648
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	649
another school district through an open enrollment policy as	650
reported under division (A)(2)(d) of this section and then enroll	651
in a joint vocational school district or under a vocational	652
education compact;	653

(4) The number of children with disabilities, other than	654
preschool children with disabilities, entitled to attend school in	655
the district pursuant to section 3313.64 or 3313.65 of the Revised	656
Code who are placed by the district with a county DD board, minus	657
the number of such children placed with a county DD board in	658
fiscal year 1998. If this calculation produces a negative number,	659
the number reported under division (A)(4) of this section shall be	660
zero.	661

(B) To enable the department of education to obtain the data	662
needed to complete the calculation of payments pursuant to this	663
chapter and Chapter 3306. of the Revised Code, in addition to the	664
average daily membership, each superintendent shall report	665
separately the following student counts for the same week for	666
which average daily membership is certified:	667

(1) The total average daily membership in regular learning	668
day classes included in the report under division (A)(1) or (2) of	669
this section for each of the individual grades kindergarten	670
through twelve in schools under the superintendent's supervision;	671

(2) The number of all preschool children with disabilities	672
enrolled as of the first day of December in classes in the	673
district that are eligible for approval under division (B) of	674
section 3317.05 of the Revised Code and the number of those	675
classes, which shall be reported not later than the fifteenth day	676
of December, in accordance with rules adopted under that section;	677

(3) The number of children entitled to attend school in the	678
district pursuant to section 3313.64 or 3313.65 of the Revised	679
Code who are:	680

(a) Participating in a pilot project scholarship program	681
established under sections 3313.974 to 3313.979 of the Revised	682
Code as described in division (I)(2)(a) or (b) of this section;	683

(b) Enrolled in a college under Chapter 3365. of the Revised	684
Code, except when the student is enrolled in the college while	685
also enrolled in a community school pursuant to Chapter 3314. or a	686
science, technology, engineering, and mathematics school	687
established under Chapter 3326. of the Revised Code;	688

(c) Enrolled in an adjacent or other school district under	689
section 3313.98 of the Revised Code;	690

(d) Enrolled in a community school established under Chapter	691
3314. of the Revised Code that is not an internet- or	692
computer-based community school as defined in section 3314.02 of	693
the Revised Code, including any participation in a college	694
pursuant to Chapter 3365. of the Revised Code while enrolled in	695
such community school;	696

(e) Enrolled in an internet- or computer-based community	697
school, as defined in section 3314.02 of the Revised Code,	698
including any participation in a college pursuant to Chapter 3365.	699
of the Revised Code while enrolled in the school;	700

(f) Enrolled in a chartered nonpublic school with a	701
scholarship paid under section 3310.08 of the Revised Code;	702

(g) Enrolled in kindergarten through grade twelve in an	703
alternative public provider or a registered private provider with	704
a scholarship awarded under section 3310.41 of the Revised Code;	705

(h) Enrolled as a preschool child with a disability in an	706
alternative public provider or a registered private provider with	707
a scholarship awarded under section 3310.41 of the Revised Code;	708

(i) Participating in a program operated by a county DD board	709
or a state institution;	710

(j) Enrolled in a science, technology, engineering, and	711
mathematics school established under Chapter 3326. of the Revised	712
Code, including any participation in a college pursuant to Chapter	713
3365. of the Revised Code while enrolled in the school;	714

(k) Enrolled in a college-preparatory boarding school	715
established under Chapter 3328. of the Revised Code.	716

(4) The number of pupils enrolled in joint vocational	717
schools;	718

(5) The average daily membership of children with	719
disabilities reported under division (A)(1) or (2) of this section	720
receiving special education services for the category one	721
disability described in division (D)(1) of section 3306.02 of the	722
Revised Code;	723

(6) The average daily membership of children with	724
disabilities reported under division (A)(1) or (2) of this section	725
receiving special education services for category two disabilities	726
described in division (D)(2) of section 3306.02 of the Revised	727
Code;	728

(7) The average daily membership of children with	729
disabilities reported under division (A)(1) or (2) of this section	730
receiving special education services for category three	731
disabilities described in division (D)(3) of section 3306.02 of	732
the Revised Code;	733

(8) The average daily membership of children with	734
disabilities reported under division (A)(1) or (2) of this section	735
receiving special education services for category four	736
disabilities described in division (D)(4) of section 3306.02 of	737
the Revised Code;	738

(9) The average daily membership of children with	739
disabilities reported under division (A)(1) or (2) of this section	740
receiving special education services for the category five	741
disabilities described in division (D)(5) of section 3306.02 of	742
the Revised Code;	743

(10) The combined average daily membership of children with	744
disabilities reported under division (A)(1) or (2) and under	745
division (B)(3)(h) of this section receiving special education	746
services for category six disabilities described in division	747
(D)(6) of section 3306.02 of the Revised Code, including children	748
attending a special education program operated by an alternative	749
public provider or a registered private provider with a	750
scholarship awarded under section 3310.41 of the Revised Code;	751

(11) The average daily membership of pupils reported under	752
division (A)(1) or (2) of this section enrolled in category one	753
vocational education programs or classes, described in division	754
(A) of section 3317.014 of the Revised Code, operated by the	755
school district or by another district, other than a joint	756
vocational school district, or by an educational service center,	757
excluding any student reported under division (B)(3)(e) of this	758
section as enrolled in an internet- or computer-based community	759
school, notwithstanding division (C) of section 3317.02 of the	760
Revised Code and division (C)(3) of this section;	761

(12) The average daily membership of pupils reported under	762
division (A)(1) or (2) of this section enrolled in category two	763
vocational education programs or services, described in division	764
(B) of section 3317.014 of the Revised Code, operated by the	765
school district or another school district, other than a joint	766
vocational school district, or by an educational service center,	767
excluding any student reported under division (B)(3)(e) of this	768
section as enrolled in an internet- or computer-based community	769
school, notwithstanding division (C) of section 3317.02 of the	770
Revised Code and division (C)(3) of this section;	771

Beginning with fiscal year 2010, vocational education ADM	772
shall not be used to calculate a district's funding but shall be	773
reported under divisions (B)(11) and (12) of this section for	774
statistical purposes.	775

(13) The average number of children transported by the school	776
district on board-owned or contractor-owned and -operated buses,	777
reported in accordance with rules adopted by the department of	778
education;	779

(14)(a) The number of children, other than preschool children	780
with disabilities, the district placed with a county DD board in	781
fiscal year 1998;	782

(b) The number of children with disabilities, other than	783
preschool children with disabilities, placed with a county DD	784
board in the current fiscal year to receive special education	785
services for the category one disability described in division	786
(D)(1) of section 3306.02 of the Revised Code;	787

(c) The number of children with disabilities, other than	788
preschool children with disabilities, placed with a county DD	789
board in the current fiscal year to receive special education	790
services for category two disabilities described in division	791
(D)(2) of section 3306.02 of the Revised Code;	792

(d) The number of children with disabilities, other than	793
preschool children with disabilities, placed with a county DD	794
board in the current fiscal year to receive special education	795
services for category three disabilities described in division	796
(D)(3) of section 3306.02 of the Revised Code;	797

(e) The number of children with disabilities, other than	798
preschool children with disabilities, placed with a county DD	799
board in the current fiscal year to receive special education	800
services for category four disabilities described in division	801
(D)(4) of section 3306.02 of the Revised Code;	802

(f) The number of children with disabilities, other than	803
preschool children with disabilities, placed with a county DD	804
board in the current fiscal year to receive special education	805
services for the category five disabilities described in division	806
(D)(5) of section 3306.02 of the Revised Code;	807

(g) The number of children with disabilities, other than	808
preschool children with disabilities, placed with a county DD	809
board in the current fiscal year to receive special education	810
services for category six disabilities described in division	811
(D)(6) of section 3306.02 of the Revised Code.	812

(C)(1) The average daily membership in divisions (B)(1) to	813
(12) of this section shall be based upon the number of full-time	814
equivalent students. The state board of education shall adopt	815
rules defining full-time equivalent students and for determining	816
the average daily membership therefrom for the purposes of	817
divisions (A), (B), and (D) of this section. Each student enrolled	818
in kindergarten shall be counted as one full-time equivalent	819
student regardless of whether the student is enrolled in a	820
part-day or all-day kindergarten class.	821

(2) A student enrolled in a community school established	822
under Chapter 3314. or; a science, technology, engineering, and	823
mathematics school established under Chapter 3326.; or a	824
college-preparatory boarding school established under Chapter	825
3328. of the Revised Code shall be counted in the formula ADM and,	826
if applicable, the category one, two, three, four, five, or six	827
special education ADM of the school district in which the student	828
is entitled to attend school under section 3313.64 or 3313.65 of	829
the Revised Code for the same proportion of the school year that	830
the student is counted in the enrollment of the community school	831
or the; science, technology, engineering, and mathematics school;	832
or college-preparatory boarding school for purposes of section	833
3314.08 or, 3326.33, or 3328.34 of the Revised Code.	834
Notwithstanding the number of students reported pursuant to	835
division (B)(3)(d), (e), or (j), or (k) of this section, the	836
department may adjust the formula ADM of a school district to	837
account for students entitled to attend school in the district	838
under section 3313.64 or 3313.65 of the Revised Code who are	839
enrolled in a community school or a; science, technology,	840
engineering, and mathematics school; or college-preparatory	841
boarding school for only a portion of the school year.	842

(3) No child shall be counted as more than a total of one	843
child in the sum of the average daily memberships of a school	844
district under division (A), divisions (B)(1) to (12), or division	845
(D) of this section, except as follows:	846

(a) A child with a disability described in division (D) of	847
section 3306.02 of the Revised Code may be counted both in formula	848
ADM and in category one, two, three, four, five, or six special	849
education ADM and, if applicable, in category one or two	850
vocational education ADM. As provided in division (C) of section	851
3317.02 of the Revised Code, such a child shall be counted in	852
category one, two, three, four, five, or six special education ADM	853
in the same proportion that the child is counted in formula ADM.	854

(b) A child enrolled in vocational education programs or	855
classes described in section 3317.014 of the Revised Code may be	856
counted both in formula ADM and category one or two vocational	857
education ADM and, if applicable, in category one, two, three,	858
four, five, or six special education ADM. Such a child shall be	859
counted in category one or two vocational education ADM in the	860
same proportion as the percentage of time that the child spends in	861
the vocational education programs or classes.	862

(4) Based on the information reported under this section, the	863
department of education shall determine the total student count,	864
as defined in section 3301.011 of the Revised Code, for each	865
school district.	866

(D)(1) The superintendent of each joint vocational school	867
district shall certify to the superintendent of public instruction	868
on or before the fifteenth day of October in each year for the	869
first full school week in October the formula ADM, for purposes of	870
section 3318.42 of the Revised Code and for any other purpose	871
prescribed by law for which "formula ADM" of the joint vocational	872
district is a factor. If a school operated by the joint vocational	873
school district is closed for one or more days during that week	874
due to hazardous weather conditions or other circumstances	875
described in the first paragraph of division (B) of section	876
3317.01 of the Revised Code, the superintendent may apply to the	877
superintendent of public instruction for a waiver, under which the	878
superintendent of public instruction may exempt the district	879
superintendent from certifying the formula ADM for that school for	880
that week and specify an alternate week for certifying the formula	881
ADM of that school.	882

The formula ADM, except as otherwise provided in this	883
division, shall consist of the average daily membership during	884
such week, on an FTE basis, of the number of students receiving	885
any educational services from the district, including students	886
enrolled in a community school established under Chapter 3314. or	887
a science, technology, engineering, and mathematics school	888
established under Chapter 3326. of the Revised Code who are	889
attending the joint vocational district under an agreement between	890
the district board of education and the governing authority of the	891
community school or the governing body of the science, technology,	892
engineering, and mathematics school and are entitled to attend	893
school in a city, local, or exempted village school district whose	894
territory is part of the territory of the joint vocational	895
district.	896

The following categories of students shall not be included in	897
the determination made under division (D)(1) of this section:	898

(a) Students enrolled in adult education classes;

899

(b) Adjacent or other district joint vocational students	900
enrolled in the district under an open enrollment policy pursuant	901
to section 3313.98 of the Revised Code;	902

(c) Students receiving services in the district pursuant to a	903
compact, cooperative education agreement, or a contract, but who	904
are entitled to attend school in a city, local, or exempted	905
village school district whose territory is not part of the	906
territory of the joint vocational district;	907

(d) Students for whom tuition is payable pursuant to sections	908
3317.081 and 3323.141 of the Revised Code.	909

(2) In addition to the formula ADM, each superintendent shall	910
report separately the average daily membership included in the	911
report under division (D)(1) of this section for each of the	912
following categories of students for the same week for which	913
formula ADM is certified:	914

(a) Students enrolled in each individual grade included in	915
the joint vocational district schools;	916

(b) Children with disabilities receiving special education	917
services for the category one disability described in division	918
(D)(1) of section 3306.02 of the Revised Code;	919

(c) Children with disabilities receiving special education	920
services for the category two disabilities described in division	921
(D)(2) of section 3306.02 of the Revised Code;	922

(d) Children with disabilities receiving special education	923
services for category three disabilities described in division	924
(D)(3) of section 3306.02 of the Revised Code;	925

(e) Children with disabilities receiving special education	926
services for category four disabilities described in division	927
(D)(4) of section 3306.02 of the Revised Code;	928

(f) Children with disabilities receiving special education	929
services for the category five disabilities described in division	930
(D)(5) of section 3306.02 of the Revised Code;	931

(g) Children with disabilities receiving special education	932
services for category six disabilities described in division	933
(D)(6) of section 3306.02 of the Revised Code;	934

(h) Students receiving category one vocational education	935
services, described in division (A) of section 3317.014 of the	936
Revised Code;	937

(i) Students receiving category two vocational education	938
services, described in division (B) of section 3317.014 of the	939
Revised Code.	940

The superintendent of each joint vocational school district	941
shall also indicate the city, local, or exempted village school	942
district in which each joint vocational district pupil is entitled	943
to attend school pursuant to section 3313.64 or 3313.65 of the	944
Revised Code.	945

(E) In each school of each city, local, exempted village,	946
joint vocational, and cooperative education school district there	947
shall be maintained a record of school membership, which record	948
shall accurately show, for each day the school is in session, the	949
actual membership enrolled in regular day classes. For the purpose	950
of determining average daily membership, the membership figure of	951
any school shall not include any pupils except those pupils	952
described by division (A) of this section. The record of	953
membership for each school shall be maintained in such manner that	954
no pupil shall be counted as in membership prior to the actual	955
date of entry in the school and also in such manner that where for	956
any cause a pupil permanently withdraws from the school that pupil	957
shall not be counted as in membership from and after the date of	958
such withdrawal. There shall not be included in the membership of	959
any school any of the following:	960

(1) Any pupil who has graduated from the twelfth grade of a	961
public or nonpublic high school;	962

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

963

(3) Any pupil who was enrolled in the schools of the district	964
during the previous school year when assessments were administered	965
under section 3301.0711 of the Revised Code but did not take one	966
or more of the assessments required by that section and was not	967
excused pursuant to division (C)(1) or (3) of that section;	968

(4) Any pupil who has attained the age of twenty-two years,	969
except for veterans of the armed services whose attendance was	970
interrupted before completing the recognized twelve-year course of	971
the public schools by reason of induction or enlistment in the	972
armed forces and who apply for reenrollment in the public school	973
system of their residence not later than four years after	974
termination of war or their honorable discharge.	975

If, however, any veteran described by division (E)(4) of this	976
section elects to enroll in special courses organized for veterans	977
for whom tuition is paid under the provisions of federal laws, or	978
otherwise, that veteran shall not be included in average daily	979
membership.	980

Notwithstanding division (E)(3) of this section, the	981
membership of any school may include a pupil who did not take an	982
assessment required by section 3301.0711 of the Revised Code if	983
the superintendent of public instruction grants a waiver from the	984
requirement to take the assessment to the specific pupil and a	985
parent is not paying tuition for the pupil pursuant to section	986
3313.6410 of the Revised Code. The superintendent may grant such a	987
waiver only for good cause in accordance with rules adopted by the	988
state board of education.	989

Except as provided in divisions (B)(2) and (F) of this	990
section, the average daily membership figure of any local, city,	991
exempted village, or joint vocational school district shall be	992
determined by dividing the figure representing the sum of the	993
number of pupils enrolled during each day the school of attendance	994
is actually open for instruction during the week for which the	995
average daily membership is being certified by the total number of	996
days the school was actually open for instruction during that	997
week. For purposes of state funding, "enrolled" persons are only	998
those pupils who are attending school, those who have attended	999
school during the current school year and are absent for	1000
authorized reasons, and those children with disabilities currently	1001
receiving home instruction.	1002

The average daily membership figure of any cooperative	1003
education school district shall be determined in accordance with	1004
rules adopted by the state board of education.	1005

(F)(1) If the formula ADM for the first full school week in	1006
February is at least three per cent greater than that certified	1007
for the first full school week in the preceding October, the	1008
superintendent of schools of any city, exempted village, or joint	1009
vocational school district or educational service center shall	1010
certify such increase to the superintendent of public instruction.	1011
Such certification shall be submitted no later than the fifteenth	1012
day of February. For the balance of the fiscal year, beginning	1013
with the February payments, the superintendent of public	1014
instruction shall use the increased formula ADM in calculating or	1015
recalculating the amounts to be allocated in accordance with	1016
section 3317.022 or 3317.16 of the Revised Code. In no event shall	1017
the superintendent use an increased membership certified to the	1018
superintendent after the fifteenth day of February. Division	1019
(F)(1) of this section does not apply after fiscal year 2006.	1020

(2) If on the first school day of April the total number of	1021
classes or units for preschool children with disabilities that are	1022
eligible for approval under division (B) of section 3317.05 of the	1023
Revised Code exceeds the number of units that have been approved	1024
for the year under that division, the superintendent of schools of	1025
any city, exempted village, or cooperative education school	1026
district or educational service center shall make the	1027
certifications required by this section for that day. If the	1028
department determines additional units can be approved for the	1029
fiscal year within any limitations set forth in the acts	1030
appropriating moneys for the funding of such units, the department	1031
shall approve additional units for the fiscal year on the basis of	1032
such average daily membership. For each unit so approved, the	1033
department shall pay an amount computed in the manner prescribed	1034
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	1035
Code.	1036

(3) If a student attending a community school under Chapter	1037
3314. or; a science, technology, engineering, and mathematics	1038
school established under Chapter 3326.; or a college-preparatory	1039
boarding school established under Chapter 3328. of the Revised	1040
Code is not included in the formula ADM certified for the school	1041
district in which the student is entitled to attend school under	1042
section 3313.64 or 3313.65 of the Revised Code, the department of	1043
education shall adjust the formula ADM of that school district to	1044
include the student in accordance with division (C)(2) of this	1045
section, and shall recalculate the school district's payments	1046
under this chapter and Chapter 3306. of the Revised Code for the	1047
entire fiscal year on the basis of that adjusted formula ADM. This	1048
requirement applies regardless of whether the student was	1049
enrolled, as defined in division (E) of this section, in the	1050
community school or the; science, technology, engineering, and	1051
mathematics school; or college-preparatory boarding school during	1052
the week for which the formula ADM is being certified.	1053

(4) If a student awarded an educational choice scholarship is	1054
not included in the formula ADM of the school district from which	1055
the department deducts funds for the scholarship under section	1056
3310.08 of the Revised Code, the department shall adjust the	1057
formula ADM of that school district to include the student to the	1058
extent necessary to account for the deduction, and shall	1059
recalculate the school district's payments under this chapter and	1060
Chapter 3306. of the Revised Code for the entire fiscal year on	1061
the basis of that adjusted formula ADM. This requirement applies	1062
regardless of whether the student was enrolled, as defined in	1063
division (E) of this section, in the chartered nonpublic school,	1064
the school district, or a community school during the week for	1065
which the formula ADM is being certified.	1066

(G)(1)(a) The superintendent of an institution operating a	1067
special education program pursuant to section 3323.091 of the	1068
Revised Code shall, for the programs under such superintendent's	1069
supervision, certify to the state board of education, in the	1070
manner prescribed by the superintendent of public instruction,	1071
both of the following:	1072

(i) The average daily membership of all children with	1073
disabilities other than preschool children with disabilities	1074
receiving services at the institution for each category of	1075
disability described in divisions (D)(1) to (6) of section 3306.02	1076
of the Revised Code;	1077

(ii) The average daily membership of all preschool children	1078
with disabilities in classes or programs approved annually by the	1079
department of education for unit funding under section 3317.05 of	1080
the Revised Code.	1081

(b) The superintendent of an institution with vocational	1082
education units approved under division (A) of section 3317.05 of	1083
the Revised Code shall, for the units under the superintendent's	1084
supervision, certify to the state board of education the average	1085
daily membership in those units, in the manner prescribed by the	1086
superintendent of public instruction.	1087

(2) The superintendent of each county DD board that maintains	1088
special education classes under section 3317.20 of the Revised	1089
Code or units approved pursuant to section 3317.05 of the Revised	1090
Code shall do both of the following:	1091

(a) Certify to the state board, in the manner prescribed by	1092
the board, the average daily membership in classes under section	1093
3317.20 of the Revised Code for each school district that has	1094
placed children in the classes;	1095

(b) Certify to the state board, in the manner prescribed by	1096
the board, the number of all preschool children with disabilities	1097
enrolled as of the first day of December in classes eligible for	1098
approval under division (B) of section 3317.05 of the Revised	1099
Code, and the number of those classes.	1100

(3)(a) If on the first school day of April the number of	1101
classes or units maintained for preschool children with	1102
disabilities by the county DD board that are eligible for approval	1103
under division (B) of section 3317.05 of the Revised Code is	1104
greater than the number of units approved for the year under that	1105
division, the superintendent shall make the certification required	1106
by this section for that day.	1107

(b) If the department determines that additional classes or	1108
units can be approved for the fiscal year within any limitations	1109
set forth in the acts appropriating moneys for the funding of the	1110
classes and units described in division (G)(3)(a) of this section,	1111
the department shall approve and fund additional units for the	1112
fiscal year on the basis of such average daily membership. For	1113
each unit so approved, the department shall pay an amount computed	1114
in the manner prescribed in sections 3317.052 and 3317.053 of the	1115
Revised Code.	1116

(H) Except as provided in division (I) of this section, when	1117
any city, local, or exempted village school district provides	1118
instruction for a nonresident pupil whose attendance is	1119
unauthorized attendance as defined in section 3327.06 of the	1120
Revised Code, that pupil's membership shall not be included in	1121
that district's membership figure used in the calculation of that	1122
district's formula ADM or included in the determination of any	1123
unit approved for the district under section 3317.05 of the	1124
Revised Code. The reporting official shall report separately the	1125
average daily membership of all pupils whose attendance in the	1126
district is unauthorized attendance, and the membership of each	1127
such pupil shall be credited to the school district in which the	1128
pupil is entitled to attend school under division (B) of section	1129
3313.64 or section 3313.65 of the Revised Code as determined by	1130
the department of education.	1131

(I)(1) A city, local, exempted village, or joint vocational	1132
school district admitting a scholarship student of a pilot project	1133
district pursuant to division (C) of section 3313.976 of the	1134
Revised Code may count such student in its average daily	1135
membership.	1136

(2) In any year for which funds are appropriated for pilot	1137
project scholarship programs, a school district implementing a	1138
state-sponsored pilot project scholarship program that year	1139
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	1140
count in average daily membership:	1141

(a) All children residing in the district and utilizing a	1142
scholarship to attend kindergarten in any alternative school, as	1143
defined in section 3313.974 of the Revised Code;	1144

(b) All children who were enrolled in the district in the	1145
preceding year who are utilizing a scholarship to attend any such	1146
alternative school.	1147

(J) The superintendent of each cooperative education school	1148
district shall certify to the superintendent of public	1149
instruction, in a manner prescribed by the state board of	1150
education, the applicable average daily memberships for all	1151
students in the cooperative education district, also indicating	1152
the city, local, or exempted village district where each pupil is	1153
entitled to attend school under section 3313.64 or 3313.65 of the	1154
Revised Code.	1155

(K) If the superintendent of public instruction determines	1156
that a component of the average daily membership certified or	1157
reported by a district superintendent, or other reporting entity,	1158
is not correct, the superintendent of public instruction may order	1159
that the formula ADM used for the purposes of payments under any	1160
section of Title XXXIII of the Revised Code be adjusted in the	1161
amount of the error.	1162

Sec. 3319.31.  (A) As used in this section and sections	1163
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	1164
means a certificate, license, or permit described in this chapter	1165
or in division (B) of section 3301.071 or in section 3301.074 of	1166
the Revised Code.	1167

(B) For any of the following reasons, the state board of	1168
education, in accordance with Chapter 119. and section 3319.311 of	1169
the Revised Code, may refuse to issue a license to an applicant;	1170
may limit a license it issues to an applicant; may suspend,	1171
revoke, or limit a license that has been issued to any person; or	1172
may revoke a license that has been issued to any person and has	1173
expired:	1174

(1) Engaging in an immoral act, incompetence, negligence, or	1175
conduct that is unbecoming to the applicant's or person's	1176
position;	1177

(2) A plea of guilty to, a finding of guilt by a jury or	1178
court of, or a conviction of any of the following:	1179

(a) A felony other than a felony listed in division (C) of	1180
this section;	1181

(b) An offense of violence other than an offense of violence	1182
listed in division (C) of this section;	1183

(c) A theft offense, as defined in section 2913.01 of the	1184
Revised Code, other than a theft offense listed in division (C) of	1185
this section;	1186

(d) A drug abuse offense, as defined in section 2925.01 of	1187
the Revised Code, that is not a minor misdemeanor, other than a	1188
drug abuse offense listed in division (C) of this section;	1189

(e) A violation of an ordinance of a municipal corporation	1190
that is substantively comparable to an offense listed in divisions	1191
(B)(2)(a) to (d) of this section.	1192

(3) A judicial finding of eligibility for intervention in	1193
lieu of conviction under section 2951.041 of the Revised Code, or	1194
agreeing to participate in a pre-trial diversion program under	1195
section 2935.36 of the Revised Code, or a similar diversion	1196
program under rules of a court, for any offense listed in division	1197
(B)(2) or (C) of this section;	1198

(4) Failure to comply with section 3314.40, 3319.313,	1199
3326.24, 3328.19, or 5126.253 of the Revised Code.	1200

(C) Upon learning of a plea of guilty to, a finding of guilt	1201
by a jury or court of, or a conviction of any of the offenses	1202
listed in this division by a person who holds a current or expired	1203
license or is an applicant for a license or renewal of a license,	1204
the state board or the superintendent of public instruction, if	1205
the state board has delegated the duty pursuant to division (D) of	1206
this section, shall by a written order revoke the person's license	1207
or deny issuance or renewal of the license to the person. The	1208
state board or the superintendent shall revoke a license that has	1209
been issued to a person to whom this division applies and has	1210
expired in the same manner as a license that has not expired.	1211

Revocation of a license or denial of issuance or renewal of a	1212
license under this division is effective immediately at the time	1213
and date that the board or superintendent issues the written order	1214
and is not subject to appeal in accordance with Chapter 119. of	1215
the Revised Code. Revocation of a license or denial of issuance or	1216
renewal of license under this division remains in force during the	1217
pendency of an appeal by the person of the plea of guilty, finding	1218
of guilt, or conviction that is the basis of the action taken	1219
under this division.	1220

The state board or superintendent shall take the action	1221
required by this division for a violation of division (B)(1), (2),	1222
(3), or (4) of section 2919.22 of the Revised Code; a violation of	1223
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	1224
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	1225
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	1226
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	1227
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	1228
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	1229
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	1230
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	1231
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	1232
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	1233
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	1234
of the Revised Code; a violation of section 2905.04 of the Revised	1235
Code as it existed prior to July 1, 1996; a violation of section	1236
2919.23 of the Revised Code that would have been a violation of	1237
section 2905.04 of the Revised Code as it existed prior to July 1,	1238
1996, had the violation been committed prior to that date;	1239
felonious sexual penetration in violation of former section	1240
2907.12 of the Revised Code; or a violation of an ordinance of a	1241
municipal corporation that is substantively comparable to an	1242
offense listed in this paragraph.	1243

(D) The state board may delegate to the superintendent of	1244
public instruction the authority to revoke a person's license or	1245
to deny issuance or renewal of a license to a person under	1246
division (C) or (F) of this section.	1247

(E)(1) If the plea of guilty, finding of guilt, or conviction	1248
that is the basis of the action taken under division (B)(2) or (C)	1249
of this section, or under the version of division (F) of section	1250
3319.311 of the Revised Code in effect prior to the effective date	1251
of this amendmentSeptember 12, 2008, is overturned on appeal,	1252
upon exhaustion of the criminal appeal, the clerk of the court	1253
that overturned the plea, finding, or conviction or, if	1254
applicable, the clerk of the court that accepted an appeal from	1255
the court that overturned the plea, finding, or conviction, shall	1256
notify the state board that the plea, finding, or conviction has	1257
been overturned. Within thirty days after receiving the	1258
notification, the state board shall initiate proceedings to	1259
reconsider the revocation or denial of the person's license in	1260
accordance with division (E)(2) of this section. In addition, the	1261
person whose license was revoked or denied may file with the state	1262
board a petition for reconsideration of the revocation or denial	1263
along with appropriate court documents.	1264

(2) Upon receipt of a court notification or a petition and	1265
supporting court documents under division (E)(1) of this section,	1266
the state board, after offering the person an opportunity for an	1267
adjudication hearing under Chapter 119. of the Revised Code, shall	1268
determine whether the person committed the act in question in the	1269
prior criminal action against the person that is the basis of the	1270
revocation or denial and may continue the revocation or denial,	1271
may reinstate the person's license, with or without limits, or may	1272
grant the person a new license, with or without limits. The	1273
decision of the board shall be based on grounds for revoking,	1274
denying, suspending, or limiting a license adopted by rule under	1275
division (G) of this section and in accordance with the	1276
evidentiary standards the board employs for all other licensure	1277
hearings. The decision of the board under this division is subject	1278
to appeal under Chapter 119. of the Revised Code.	1279

(3) A person whose license is revoked or denied under	1280
division (C) of this section shall not apply for any license if	1281
the plea of guilty, finding of guilt, or conviction that is the	1282
basis of the revocation or denial, upon completion of the criminal	1283
appeal, either is upheld or is overturned but the state board	1284
continues the revocation or denial under division (E)(2) of this	1285
section and that continuation is upheld on final appeal.	1286

(F) The state board may take action under division (B) of	1287
this section, and the state board or the superintendent shall take	1288
the action required under division (C) of this section, on the	1289
basis of substantially comparable conduct occurring in a	1290
jurisdiction outside this state or occurring before a person	1291
applies for or receives any license.	1292

(G) The state board may adopt rules in accordance with	1293
Chapter 119. of the Revised Code to carry out this section and	1294
section 3319.311 of the Revised Code.	1295

Sec. 3319.311.  (A)(1) The state board of education, or the	1296
superintendent of public instruction on behalf of the board, may	1297
investigate any information received about a person that	1298
reasonably appears to be a basis for action under section 3319.31	1299
of the Revised Code, including information received pursuant to	1300
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253,	1301
or 5153.176 of the Revised Code. Except as provided in division	1302
(A)(2) of this section, the board shall contract with the office	1303
of the Ohio attorney general to conduct any investigation of that	1304
nature. The board shall pay for the costs of the contract only	1305
from moneys in the state board of education licensure fund	1306
established under section 3319.51 of the Revised Code. Except as	1307
provided in division (A)(2) of this section, all information	1308
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24,	1309
3328.19, 5126.253, or 5153.176 of the Revised Code, and all	1310
information obtained during an investigation is confidential and	1311
is not a public record under section 149.43 of the Revised Code.	1312
If an investigation is conducted under this division regarding	1313
information received about a person and no action is taken against	1314
the person under this section or section 3319.31 of the Revised	1315
Code within two years of the completion of the investigation, all	1316
records of the investigation shall be expunged.	1317

(2) In the case of a person about whom the board has learned	1318
of a plea of guilty to, finding of guilt by a jury or court of, or	1319
a conviction of an offense listed in division (C) of section	1320
3319.31 of the Revised Code, or substantially comparable conduct	1321
occurring in a jurisdiction outside this state, the board or the	1322
superintendent of public instruction need not conduct any further	1323
investigation and shall take the action required by division (C)	1324
or (F) of that section. Except as provided in division (G) of this	1325
section, all information obtained by the board or the	1326
superintendent of public instruction pertaining to the action is a	1327
public record under section 149.43 of the Revised Code.	1328

(B) The superintendent of public instruction shall review the	1329
results of each investigation of a person conducted under division	1330
(A)(1) of this section and shall determine, on behalf of the state	1331
board, whether the results warrant initiating action under	1332
division (B) of section 3319.31 of the Revised Code. The	1333
superintendent shall advise the board of such determination at a	1334
meeting of the board. Within fourteen days of the next meeting of	1335
the board, any member of the board may ask that the question of	1336
initiating action under section 3319.31 of the Revised Code be	1337
placed on the board's agenda for that next meeting. Prior to	1338
initiating that action against any person, the person's name and	1339
any other personally identifiable information shall remain	1340
confidential.	1341

(C) The board shall take no action against a person under	1342
division (B) of section 3319.31 of the Revised Code without	1343
providing the person with written notice of the charges and with	1344
an opportunity for a hearing in accordance with Chapter 119. of	1345
the Revised Code.	1346

(D) For purposes of an investigation under division (A)(1) of	1347
this section or a hearing under division (C) of this section or	1348
under division (E)(2) of section 3319.31 of the Revised Code, the	1349
board, or the superintendent on behalf of the board, may	1350
administer oaths, order the taking of depositions, issue	1351
subpoenas, and compel the attendance of witnesses and the	1352
production of books, accounts, papers, records, documents, and	1353
testimony. The issuance of subpoenas under this division may be by	1354
certified mail or personal delivery to the person.	1355

(E) The superintendent, on behalf of the board, may enter	1356
into a consent agreement with a person against whom action is	1357
being taken under division (B) of section 3319.31 of the Revised	1358
Code. The board may adopt rules governing the superintendent's	1359
action under this division.	1360

(F) No surrender of a license shall be effective until the	1361
board takes action to accept the surrender unless the surrender is	1362
pursuant to a consent agreement entered into under division (E) of	1363
this section.	1364

(G) The name of any person who is not required to report	1365
information under section 3314.40, 3319.313, 3326.24, 3328.19,	1366
5126.253, or 5153.176 of the Revised Code, but who in good faith	1367
provides information to the state board or superintendent of	1368
public instruction about alleged misconduct committed by a person	1369
who holds a license or has applied for issuance or renewal of a	1370
license, shall be confidential and shall not be released. Any such	1371
person shall be immune from any civil liability that otherwise	1372
might be incurred or imposed for injury, death, or loss to person	1373
or property as a result of the provision of that information.	1374

(H)(1) No person shall knowingly make a false report to the	1375
superintendent of public instruction or the state board of	1376
education alleging misconduct by an employee of a public or	1377
chartered nonpublic school or an employee of the operator of a	1378
community school established under Chapter 3314. or a	1379
college-preparatory boarding school established under Chapter	1380
3328. of the Revised Code.	1381

(2)(a) In any civil action brought against a person in which	1382
it is alleged and proved that the person violated division (H)(1)	1383
of this section, the court shall award the prevailing party	1384
reasonable attorney's fees and costs that the prevailing party	1385
incurred in the civil action or as a result of the false report	1386
that was the basis of the violation.	1387

(b) If a person is convicted of or pleads guilty to a	1388
violation of division (H)(1) of this section, if the subject of	1389
the false report that was the basis of the violation was charged	1390
with any violation of a law or ordinance as a result of the false	1391
report, and if the subject of the false report is found not to be	1392
guilty of the charges brought against the subject as a result of	1393
the false report or those charges are dismissed, the court that	1394
sentences the person for the violation of division (H)(1) of this	1395
section, as part of the sentence, shall order the person to pay	1396
restitution to the subject of the false report, in an amount equal	1397
to reasonable attorney's fees and costs that the subject of the	1398
false report incurred as a result of or in relation to the	1399
charges.	1400

Sec. 3328.01.  As used in this chapter:

1401

(A) "Child with a disability," "IEP," and "school district of	1402
residence" have the same meanings as in section 3323.01 of the	1403
Revised Code.	1404

(B) "Eligible student" means a student who is entitled to	1405
attend school in a participating school district; is at risk of	1406
academic failure; is from a family whose income is below two	1407
hundred fifty per cent of the federal poverty guidelines, as	1408
defined in section 5101.46 of the Revised Code; and meets at least	1409
two of the following additional conditions:	1410

(1) The student has a record of repeated in-school	1411
disciplinary actions, suspensions, expulsions, or truancy.	1412

(2) The student has not attained at least a proficient score	1413
on the state achievement assessments in English language arts,	1414
reading, or mathematics prescribed under section 3301.0710 of the	1415
Revised Code, after those assessments have been administered to	1416
the student at least once, or the student has not attained at	1417
least a score designated by the board of trustees of the	1418
college-preparatory boarding school in which the student seeks	1419
enrollment under this chapter on an end-of-course examination in	1420
English language arts or mathematics prescribed under section	1421
3301.0712 of the Revised Code.	1422

(3) The student is a child with a disability.

1423

(4) The student has been referred for academic intervention	1424
services.	1425

(5) The student's parent is a single parent.

1426

(6) The student does not live with the student's custodial	1427
parent.	1428

(7) A member of the student's family has been imprisoned, as	1429
defined in section 1.05 of the Revised Code.	1430

(8) The student meets any additional criteria prescribed by	1431
agreement between the state board of education and the operator of	1432
the college-preparatory boarding school in which the student seeks	1433
enrollment under this chapter.	1434

(C) "Entitled to attend school" means entitled to attend	1435
school in a school district under section 3313.64 or 3313.65 of	1436
the Revised Code.	1437

(D) "Formula ADM" and "category one through six special	1438
education ADM" have the same meanings as in section 3306.02 of the	1439
Revised Code.	1440

(E) "Operator" means the operator of a college-preparatory	1441
boarding school selected under section 3328.11 of the Revised	1442
Code.	1443

(F) "Participating school district" means either of the	1444
following:	1445

(1) The school district in which a college-preparatory	1446
boarding school established under this chapter is located;	1447

(2) A school district other than one described in division	1448
(F)(1) of this section that, pursuant to procedures adopted by the	1449
state board of education under section 3328.04 of the Revised	1450
Code, agrees to be a participating school district so that	1451
eligible students entitled to attend school in that district may	1452
enroll in a college-preparatory boarding school established under	1453
this chapter.	1454

(G) "State education aid" has the same meaning as in section	1455
3317.02 of the Revised Code.	1456

Sec. 3328.02. Each college-preparatory boarding school	1457
established under this chapter is a public school and is part of	1458
the state's program of education, subject to a charter granted by	1459
the state board of education under section 3301.16 of the Revised	1460
Code.	1461

Sec. 3328.03. In accordance with Section 22 of Article II,	1462
Ohio Constitution, no agreement or contract entered into under	1463
this chapter shall create an obligation of state funds for a	1464
period longer than two years; however, the general assembly, every	1465
two years, may authorize renewal of any such obligation.	1466

Sec. 3328.04.  The city, exempted village, or local school	1467
district in which a college-preparatory boarding school	1468
established under this chapter is located is a participating	1469
school district under this chapter. Any other city, exempted	1470
village, or local school district may agree to be a participating	1471
school district. The state board of education shall adopt	1472
procedures for districts to agree to be participating school	1473
districts.	1474

Sec. 3328.11. (A) In accordance with the procedures	1475
prescribed in division (B) of this section, the state board of	1476
education shall select a private nonprofit corporation that meets	1477
the following qualifications to operate each college-preparatory	1478
boarding school established under this chapter:	1479

(1) The corporation has experience operating a school or	1480
program similar to the schools authorized under this chapter.	1481

(2) The school or program described in division (A)(1) of	1482
this section has demonstrated to the satisfaction of the state	1483
board success in improving the academic performance of students.	1484

(3) The corporation has demonstrated to the satisfaction of	1485
the state board the following:	1486

(a) That the corporation has the capacity to finance and	1487
secure private funds for the development of the school authorized	1488
under this chapter;	1489

(b) That, unless the department of education has secured	1490
federal funds to support the school's initial operations, the	1491
corporation will apply for, and is reasonably expected to secure,	1492
federal funds for that purpose.	1493

(B)(1) Not later than sixty days after the effective date of	1494
this section, the state board shall issue a request for proposals	1495
from private nonprofit corporations interested in operating a	1496
college-preparatory boarding school established under this	1497
chapter. If the state board subsequently determines that the	1498
establishment of one or more additional college-preparatory	1499
boarding schools is advisable, the state board shall issue	1500
requests for proposals from private nonprofit corporations	1501
interested in operating those additional schools.	1502

In all cases, the state board shall select the school's	1503
operator from among the qualified responders within one hundred	1504
eighty days after the issuance of the request for proposals. If no	1505
qualified responder submits a proposal, the state board may issue	1506
another request for proposals.	1507

(2) Each proposal submitted to the state board shall contain	1508
the following information:	1509

(a) The proposed location of the college-preparatory boarding	1510
school, which may differ from any location recommended by the	1511
state board in the request for proposals;	1512

(b) A plan for offering grade five or six in the school's	1513
initial year of operation and a plan for increasing the grade	1514
levels offered by the school in subsequent years;	1515

(c) Any other information about the proposed educational	1516
program, facilities, or operations of the school considered	1517
necessary by the state board.	1518

Sec. 3328.12.  The state board of education shall enter into	1519
a contract with the operator of each college-preparatory boarding	1520
school established under this chapter. The contract shall	1521
stipulate the following:	1522

(A) The school shall not be established if the operator fails	1523
to secure federal funds to support the school's initial	1524
operations, unless the department of education has secured federal	1525
funds for that purpose.	1526

(B) The school may operate only if and to the extent the	1527
school holds a valid charter granted by the state board, under	1528
section 3301.16 of the Revised Code.	1529

(C) The operator shall finance and oversee the acquisition of	1530
a facility for the school.	1531

(D) The operator shall operate the school in accordance with	1532
the terms of the proposal accepted by the state board under	1533
section 3328.11 of the Revised Code, including the plan for	1534
increasing the grade levels offered by the school.	1535

(E) The school shall comply with the provisions of this	1536
chapter.	1537

(F) The school shall comply with any other provisions of law	1538
specified in the contract, the charter granted by the state board,	1539
and the rules adopted by the state board under section 3328.50 of	1540
the Revised Code.	1541

(G) The school shall comply with the bylaws adopted by the	1542
operator under section 3328.13 of the Revised Code.	1543

(H) The school shall meet the academic goals and other	1544
performance standards specified in the contract.	1545

(I) The state board or the operator may terminate the	1546
contract in accordance with the procedures specified in the	1547
contract, which shall include at least a requirement that the	1548
party seeking termination give prior notice of the intent to	1549
terminate the contract and a requirement that the party receiving	1550
such notice be granted an opportunity to redress any grievances	1551
cited in the notice prior to the termination.	1552

(J) If the school closes for any reason, the school's board	1553
of trustees shall execute the closing in the manner specified in	1554
the contract.	1555

Sec. 3328.13. Each operator of a college-preparatory boarding	1556
school established under this chapter shall adopt bylaws for the	1557
oversight and operation of the school that are consistent with the	1558
provisions of this chapter, the rules adopted under section	1559
3328.50 of the Revised Code, the contract between the operator and	1560
the state board of education, and the charter granted to the	1561
school by the state board. The bylaws shall include procedures for	1562
the appointment of members of the school's board of trustees,	1563
whose terms of office shall be as prescribed in section 3328.15 of	1564
the Revised Code. The bylaws also shall include standards for the	1565
admission of students to the school and their dismissal from the	1566
school. The bylaws shall be subject to the approval of the state	1567
board.	1568

Sec. 3328.14. Each operator of a college-preparatory boarding	1569
school established under this chapter shall adopt a program of	1570
outreach to inform educators, administrators, boards of education,	1571
parents, and students in every city, local, and exempted village	1572
school district about the school and the procedures for admission	1573
to the school and for becoming a participating school district.	1574

Sec. 3328.15.  (A) Each college-preparatory boarding school	1575
established under this chapter shall be governed by a board of	1576
trustees consisting of up to twenty-five members. Five of those	1577
members shall be appointed by the governor, with the advice and	1578
consent of the senate. The governor's appointments may be based on	1579
nonbinding recommendations made by the superintendent of public	1580
instruction. The remaining members shall be appointed pursuant to	1581
the bylaws adopted under section 3328.13 of the Revised Code.	1582

(B) The terms of office of the initial members shall be as	1583
follows:	1584

(1) Two members appointed by the governor shall serve for an	1585
initial term of three years.	1586

(2) Two members appointed by the governor shall serve for an	1587
initial term of two years.	1588

(3) One member appointed by the governor shall serve for an	1589
initial term of one year.	1590

(4) One-third of the members appointed pursuant to the	1591
bylaws, rounded down to the nearest whole number, shall serve for	1592
an initial term of three years.	1593

(5) One-third of the members appointed pursuant to the	1594
bylaws, rounded down to the nearest whole number, shall serve for	1595
an initial term of two years.	1596

(6) One-third of the members appointed pursuant to the	1597
bylaws, rounded down to the nearest whole number, shall serve for	1598
an initial term of one year.	1599

(7) Any remaining members appointed pursuant to the bylaws	1600
shall serve for an initial term of one year.	1601

Thereafter the terms of office of all members shall be for	1602
three years.	1603

The beginning date and ending date of terms of office shall	1604
be as prescribed in the bylaws adopted under section 3328.13 of	1605
the Revised Code.	1606

(C) Vacancies on the board shall be filled in the same manner	1607
as the initial appointments. A member appointed to an unexpired	1608
term shall serve for the remainder of that term and may be	1609
reappointed subject to division (D) of this section.	1610

(D) No member may serve for more than three consecutive	1611
three-year terms.	1612

(E) The officers of the board shall be selected by and from	1613
among the members of the board.	1614

(F) Compensation for the members of the board, if any, shall	1615
be as prescribed in the bylaws adopted under section 3328.13 of	1616
the Revised Code.	1617

Sec. 3328.17. Employees of a college-preparatory boarding	1618
school established under this chapter may organize and	1619
collectively bargain pursuant to Chapter 4117. of the Revised	1620
Code. Notwithstanding division (D)(1) of section 4117.06 of the	1621
Revised Code, a unit containing teaching and nonteaching employees	1622
employed under this section may be considered an appropriate unit.	1623

Sec. 3328.18. (A) As used in this section, "license" has the	1624
same meaning as in section 3319.31 of the Revised Code.	1625

(B) If a person who is employed by a college-preparatory	1626
boarding school established under this chapter or its operator is	1627
arrested, summoned, or indicted for an alleged violation of an	1628
offense listed in division (C) of section 3319.31 of the Revised	1629
Code, if the person holds a license, or an offense listed in	1630
division (B)(1) of section 3319.39 of the Revised Code, if the	1631
person does not hold a license, the chief administrator of the	1632
school in which that person works shall suspend that person from	1633
all duties that require the care, custody, or control of a child	1634
during the pendency of the criminal action against the person. If	1635
the person who is arrested, summoned, or indicted for an alleged	1636
violation of an offense listed in division (C) of section 3319.31	1637
or division (B)(1) of section 3319.39 of the Revised Code is the	1638
chief administrator of the school, the board of trustees of the	1639
school shall suspend the chief administrator from all duties that	1640
require the care, custody, or control of a child.	1641

(C) When a person who holds a license is suspended in	1642
accordance with this section, the chief administrator or board	1643
that imposed the suspension promptly shall report the person's	1644
suspension to the department of education. The report shall	1645
include the offense for which the person was arrested, summoned,	1646
or indicted.	1647

Sec. 3328.19.  (A) As used in this section:

1648

(1) "Conduct unbecoming to the teaching profession" shall be	1649
as described in rules adopted by the state board of education.	1650

(2) "Intervention in lieu of conviction" means intervention	1651
in lieu of conviction under section 2951.041 of the Revised Code.	1652

(3) "License" has the same meaning as in section 3319.31 of	1653
the Revised Code.	1654

(4) "Pre-trial diversion program" means a pre-trial diversion	1655
program under section 2935.36 of the Revised Code or a similar	1656
diversion program under rules of a court.	1657

(B) The chief administrator of each college-preparatory	1658
boarding school established under this chapter, or the president	1659
or chairperson of the board of trustees of the school if division	1660
(C) of this section applies, shall promptly submit to the	1661
superintendent of public instruction the information prescribed in	1662
division (D) of this section when any of the following conditions	1663
applies to a person employed to work in the school who holds a	1664
license issued by the state board of education:	1665

(1) The chief administrator, or president or chairperson,	1666
knows that the employee has pleaded guilty to, has been found	1667
guilty by a jury or court of, has been convicted of, has been	1668
found to be eligible for intervention in lieu of conviction for,	1669
or has agreed to participate in a pre-trial diversion program for	1670
an offense described in division (B)(2) or (C) of section 3319.31	1671
or division (B)(1) of section 3319.39 of the Revised Code.	1672

(2) The board of trustees of the school, or the operator, has	1673
initiated termination or nonrenewal proceedings against, has	1674
terminated, or has not renewed the contract of the employee	1675
because the board or operator has reasonably determined that the	1676
employee has committed an act that is unbecoming to the teaching	1677
profession or an offense described in division (B)(2) or (C) of	1678
section 3319.31 or division (B)(1) of section 3319.39 of the	1679
Revised Code.	1680

(3) The employee has resigned under threat of termination or	1681
nonrenewal as described in division (B)(2) of this section.	1682

(4) The employee has resigned because of or in the course of	1683
an investigation by the board or operator regarding whether the	1684
employee has committed an act that is unbecoming to the teaching	1685
profession or an offense described in division (B)(2) or (C) of	1686
section 3319.31 or division (B)(1) of section 3319.39 of the	1687
Revised Code.	1688

(C) If the employee to whom any of the conditions prescribed	1689
in divisions (B)(1) to (4) of this section applies is the chief	1690
administrator of the school, the president or chairperson of the	1691
board of trustees of the school shall make the report required	1692
under this section.	1693

(D) If a report is required under this section, the chief	1694
administrator, or president or chairperson, shall submit to the	1695
superintendent of public instruction the name and social security	1696
number of the employee about whom the information is required and	1697
a factual statement regarding any of the conditions prescribed in	1698
divisions (B)(1) to (4) of this section that apply to the	1699
employee.	1700

(E) A determination made by the board or operator as	1701
described in division (B)(2) of this section or a termination,	1702
nonrenewal, resignation, or other separation described in	1703
divisions (B)(2) to (4) of this section does not create a	1704
presumption of the commission or lack of the commission by the	1705
employee of an act unbecoming to the teaching profession or an	1706
offense described in division (B)(2) or (C) of section 3319.31 or	1707
division (B)(1) of section 3319.39 of the Revised Code.	1708

(F) No individual required to submit a report under division	1709
(B) of this section shall knowingly fail to comply with that	1710
division.	1711

(G) An individual who provides information to the	1712
superintendent of public instruction in accordance with this	1713
section in good faith shall be immune from any civil liability	1714
that otherwise might be incurred or imposed for injury, death, or	1715
loss to person or property as a result of the provision of that	1716
information.	1717

Sec. 3328.191.  The board of trustees of each	1718
college-preparatory boarding school established under this chapter	1719
shall require that the reports of any investigation by the board	1720
or by the school's operator of an employee who works in the	1721
school, regarding whether the employee has committed an act or	1722
offense for which the chief administrator of the school or the	1723
president or chairperson of the board is required to make a report	1724
to the superintendent of public instruction under section 3328.19	1725
of the Revised Code, be kept in the employee's personnel file. If,	1726
after an investigation under division (A) of section 3319.311 of	1727
the Revised Code, the superintendent of public instruction	1728
determines that the results of that investigation do not warrant	1729
initiating action under section 3319.31 of the Revised Code, the	1730
board shall require the reports of the investigation to be moved	1731
from the employee's personnel file to a separate public file.	1732

Sec. 3328.192.  Notwithstanding any provision to the contrary	1733
in Chapter 4117. of the Revised Code, the provisions of sections	1734
3328.19 and 3328.191 of the Revised Code prevail over any	1735
conflicting provisions of a collective bargaining agreement or	1736
contract for employment entered into on or after the effective	1737
date of this section.	1738

Sec. 3328.193.  (A) As used in this section, "license" has	1739
the same meaning as in section 3319.31 of the Revised Code.	1740

(B) No employee of a college-preparatory boarding school	1741
established under this chapter or its operator shall do either of	1742
the following:	1743

(1) Knowingly make a false report to the chief administrator	1744
of the school, or the chief administrator's designee, alleging	1745
misconduct by another employee of the school or its operator;	1746

(2) Knowingly cause the chief administrator, or the chief	1747
administrator's designee, to make a false report of the alleged	1748
misconduct to the superintendent of public instruction or the	1749
state board of education.	1750

(C) Any employee of a college-preparatory boarding school	1751
established under this chapter or its operator who in good faith	1752
reports to the chief administrator of the school, or the chief	1753
administrator's designee, information about alleged misconduct	1754
committed by another employee of the school or operator shall be	1755
immune from any civil liability that otherwise might be incurred	1756
or imposed for injury, death, or loss to person or property as a	1757
result of the reporting of that information.	1758

If the alleged misconduct involves a person who holds a	1759
license but the chief administrator is not required to submit a	1760
report to the superintendent of public instruction under section	1761
3328.19 of the Revised Code and the chief administrator, or the	1762
chief administrator's designee, in good faith reports the alleged	1763
misconduct to the superintendent of public instruction or the	1764
state board, the chief administrator, or the chief administrator's	1765
designee, shall be immune from any civil liability that otherwise	1766
might be incurred or imposed for injury, death, or loss to person	1767
or property as a result of the reporting of that information.	1768

(D)(1) In any civil action brought against a person in which	1769
it is alleged and proved that the person violated division (B) of	1770
this section, the court shall award the prevailing party	1771
reasonable attorney's fees and costs that the prevailing party	1772
incurred in the civil action or as a result of the false report	1773
that was the basis of the violation.	1774

(2) If a person is convicted of or pleads guilty to a	1775
violation of division (B) of this section, if the subject of the	1776
false report that was the basis of the violation was charged with	1777
any violation of a law or ordinance as a result of the false	1778
report, and if the subject of the false report is found not to be	1779
guilty of the charges brought against the subject as a result of	1780
the false report or those charges are dismissed, the court that	1781
sentences the person for the violation of division (B) of this	1782
section, as part of the sentence, shall order the person to pay	1783
restitution to the subject of the false report, in an amount equal	1784
to reasonable attorney's fees and costs that the subject of the	1785
false report incurred as a result of or in relation to the	1786
charges.	1787

Sec. 3328.20. (A) As used in this section:

1788

(1) "Designated official" means the chief administrator of a	1789
college-preparatory boarding school established under this	1790
chapter, or the chief administrator's designee.	1791

(2) "Essential school services" means services provided by a	1792
private company under contract with a college-preparatory boarding	1793
school established under this chapter that the chief administrator	1794
of the school has determined are necessary for the operation of	1795
the school and that would need to be provided by persons employed	1796
by the school or its operator if the services were not provided by	1797
the private company.	1798

(3) "License" has the same meaning as in section 3319.31 of	1799
the Revised Code.	1800

(B) This section applies to any person who is an employee of	1801
a private company under contract with a college-preparatory	1802
boarding school established under this chapter to provide	1803
essential school services and who will work in the school in a	1804
position that does not require a license issued by the state board	1805
of education, is not for the operation of a vehicle for pupil	1806
transportation, and that involves routine interaction with a child	1807
or regular responsibility for the care, custody, or control of a	1808
child.	1809

(C) No college-preparatory boarding school established under	1810
this chapter shall permit a person to whom this section applies to	1811
work in the school, unless one of the following applies to the	1812
person:	1813

(1) The person's employer presents proof of both of the	1814
following to the designated official:	1815

(a) That the person has been the subject of a criminal	1816
records check conducted in accordance with division (D) of this	1817
section within the five-year period immediately prior to the date	1818
on which the person will begin working in the school;	1819

(b) That the criminal records check indicates that the person	1820
has not been convicted of or pleaded guilty to any offense	1821
described in division (B)(1) of section 3319.39 of the Revised	1822
Code.	1823

(2) During any period of time in which the person will have	1824
routine interaction with a child or regular responsibility for the	1825
care, custody, or control of a child, the designated official has	1826
arranged for an employee of the school to be present in the same	1827
room with the child or, if outdoors, to be within a thirty-yard	1828
radius of the child or to have visual contact with the child.	1829

(D) Any private company that has been hired or seeks to be	1830
hired by a college-preparatory boarding school established under	1831
this chapter to provide essential school services may request the	1832
bureau of criminal identification and investigation to conduct a	1833
criminal records check of any of its employees for the purpose of	1834
complying with division (C)(1) of this section. Each request for a	1835
criminal records check under this division shall be made to the	1836
superintendent of the bureau in the manner prescribed in section	1837
3319.39 of the Revised Code. Upon receipt of a request, the bureau	1838
shall conduct the criminal records check in accordance with	1839
section 109.572 of the Revised Code as if the request had been	1840
made under section 3319.39 of the Revised Code.	1841

Notwithstanding division (H) of section 109.57 of the Revised	1842
Code, the private company may share the results of any criminal	1843
records check conducted under this division with the designated	1844
official for the purpose of complying with division (C)(1) of this	1845
section, but in no case shall the designated official release that	1846
information to any other person.	1847

Sec. 3328.21. (A) Any eligible student may apply for	1848
admission to a college-preparatory boarding school established	1849
under this chapter in a grade level offered by the school that is	1850
appropriate for the student and shall be admitted to the school in	1851
that grade level to the extent the student's admission is within	1852
the capacity of the school as established by the school's board of	1853
trustees, subject to division (B) of this section. If more	1854
eligible students apply for admission than the number of students	1855
permitted by the capacity established by the board of trustees,	1856
admission shall be by lot.	1857

(B) In the first year of operation, each school established	1858
under this chapter shall offer only grade five or six and shall	1859
not admit more than eighty students to the school. In each	1860
subsequent year of operation, the school may add additional grade	1861
levels as specified in the contract under section 3328.12 of the	1862
Revised Code, but at no time shall the school's total student	1863
population exceed four hundred students.	1864

Sec. 3328.22.  The educational program of a	1865
college-preparatory boarding school established under this chapter	1866
shall include at least all of the following:	1867

(A) A remedial curriculum for students in grades lower than	1868
grade nine;	1869

(B) A college-preparatory curriculum for high school students	1870
that, at a minimum, shall comply with section 3313.603 of the	1871
Revised Code as that section applies to school districts;	1872

(C) Extracurricular activities, including athletic and	1873
cultural activities;	1874

(D) College admission counseling;

1875

(E) Health and mental health services;

1876

(F) Tutoring services;

1877

(G) Community services opportunities;

1878

(H) A residential student life program.

1879

Sec. 3328.23.  (A) A college-preparatory boarding school	1880
established under this chapter and the school's operator shall	1881
comply with Chapter 3323. of the Revised Code as if the school	1882
were a school district. For each child with a disability enrolled	1883
in the school for whom an IEP has been developed, the school and	1884
its operator shall verify in the manner prescribed by the	1885
department of education that the school is providing the services	1886
required under the child's IEP.	1887

(B) The school district in which a child with a disability	1888
enrolled in the college-preparatory boarding school is entitled to	1889
attend school and the child's school district of residence, if	1890
different, are not obligated to provide the student with a free	1891
appropriate public education under Chapter 3323. of the Revised	1892
Code for as long as the child is enrolled in the	1893
college-preparatory boarding school.	1894

Sec. 3328.24. A college-preparatory boarding school	1895
established under this chapter, its operator, and its board of	1896
trustees shall comply with sections 3301.0710, 3301.0711,	1897
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as	1898
if the school and the operator were a school district and the	1899
school's board of trustees were a district board of education.	1900

Sec. 3328.25.  (A) The board of trustees of a	1901
college-preparatory boarding school established under this chapter	1902
shall grant a diploma to any student enrolled in the school to	1903
whom all of the following apply:	1904

(1) The student has successfully completed the school's high	1905
school curriculum or the IEP developed for the student by the	1906
school pursuant to section 3323.08 of the Revised Code or has	1907
qualified under division (D) or (F) of section 3313.603 of the	1908
Revised Code, provided that the school shall not require a student	1909
to remain in school for any specific number of semesters or other	1910
terms if the student completes the required curriculum early;	1911

(2) Subject to section 3313.614 of the Revised Code, the	1912
student has met the assessment requirements of division (A)(2)(a)	1913
or (b) of this section, as applicable.	1914

(a) If the student entered ninth grade prior to the date	1915
prescribed by rule of the state board of education under division	1916
(E)(2) of section 3301.0712 of the Revised Code, the student	1917
either:	1918

(i) Has attained at least the applicable scores designated	1919
under division (B)(1) of section 3301.0710 of the Revised Code on	1920
all the assessments prescribed by that division unless division	1921
(L) of section 3313.61 of the Revised Code applies to the student;	1922

(ii) Has satisfied the alternative conditions prescribed in	1923
section 3313.615 of the Revised Code.	1924

(b) If the person entered ninth grade on or after the date	1925
prescribed by rule of the state board under division (E)(2) of	1926
section 3301.0712 of the Revised Code, the student has attained on	1927
the entire assessment system prescribed under division (B)(2) of	1928
section 3301.0710 of the Revised Code at least the required	1929
passing composite score, designated under division (C)(1) of	1930
section 3301.0712 of the Revised Code, except to the extent that	1931
the student is excused from some portion of that assessment system	1932
pursuant to division (L) of section 3313.61 of the Revised Code.	1933

(3) The student is not eligible to receive an honors diploma	1934
granted under division (B) of this section.	1935

No diploma shall be granted under this division to anyone	1936
except as provided in this division.	1937

(B) In lieu of a diploma granted under division (A) of this	1938
section, the board of trustees shall grant an honors diploma, in	1939
the same manner that boards of education of school districts grant	1940
honors diplomas under division (B) of section 3313.61 of the	1941
Revised Code, to any student enrolled in the school who	1942
accomplishes all of the following:	1943

(1) Successfully completes the school's high school	1944
curriculum or the IEP developed for the student by the school	1945
pursuant to section 3323.08 of the Revised Code;	1946

(2) Subject to section 3313.614 of the Revised Code, has met	1947
the assessment requirements of division (B)(2)(a) or (b) of this	1948
section, as applicable.	1949

(a) If the student entered ninth grade prior to the date	1950
prescribed by rule of the state board under division (E)(2) of	1951
section 3301.0712 of the Revised Code, the student either:	1952

(i) Has attained at least the applicable scores designated	1953
under division (B)(1) of section 3301.0710 of the Revised Code on	1954
all the assessments prescribed under that division;	1955

(ii) Has satisfied the alternative conditions prescribed in	1956
section 3313.615 of the Revised Code.	1957

(b) If the person entered ninth grade on or after the date	1958
prescribed by rule of the state board under division (E)(2) of	1959
section 3301.0712 of the Revised Code, the student has attained on	1960
the entire assessment system prescribed under division (B)(2) of	1961
section 3301.0710 of the Revised Code at least the required	1962
passing composite score, designated under division (C)(1) of	1963
section 3301.0712 of the Revised Code.	1964

(3) Has met the additional criteria for granting an honors	1965
diploma prescribed by the state board under division (B) of	1966
section 3313.61 of the Revised Code for the granting of honors	1967
diplomas by school districts.	1968

An honors diploma shall not be granted to a student who is	1969
subject to the Ohio core curriculum prescribed in division (C) of	1970
section 3313.603 of the Revised Code but elects the option of	1971
division (D) or (F) of that section. No honors diploma shall be	1972
granted to anyone failing to comply with this division and not	1973
more than one honors diploma shall be granted to any student under	1974
this division.	1975

(C) A diploma or honors diploma awarded under this section	1976
shall be signed by the presiding officer of the board of trustees.	1977
Each diploma shall bear the date of its issue and be in such form	1978
as the board of trustees prescribes.	1979

(D) Upon granting a diploma to a student under this section,	1980
the presiding officer of the board of trustees shall provide	1981
notice of receipt of the diploma to the board of education of the	1982
city, exempted village, or local school district where the student	1983
is entitled to attend school when not residing at the	1984
college-preparatory boarding school. The notice shall indicate the	1985
type of diploma granted.	1986

Sec. 3328.26.  (A) The department of education shall issue an	1987
annual report card for each college-preparatory boarding school	1988
established under this chapter that includes all information	1989
applicable to school buildings under section 3302.03 of the	1990
Revised Code.	1991

(B) For each student enrolled in the school, the department	1992
shall combine data regarding the academic performance of that	1993
student with comparable data from the school district in which the	1994
student is entitled to attend school for the purpose of	1995
calculating the performance of the district as a whole on the	1996
report card issued for the district under section 3302.03 of the	1997
Revised Code.	1998

(C) Each college-preparatory boarding school and its operator	1999
shall comply with sections 3302.04 and 3302.041 of the Revised	2000
Code, except that any action required to be taken by a school	2001
district pursuant to those sections shall be taken by the school.	2002

Sec. 3328.31.  Each college-preparatory boarding school	2003
established under this chapter shall report to the department of	2004
education, in the form and manner prescribed by the department,	2005
the following information:	2006

(A) The total number of students enrolled in the school;

2007

(B) The number of students enrolled in the school who are	2008
receiving special education and related services pursuant to an	2009
IEP;	2010

(C) The city, exempted village, or local school district in	2011
which each student reported under division (A) of this section is	2012
entitled to attend school;	2013

(D) Any additional information the department determines	2014
necessary to make payments to the school under this chapter.	2015

Sec. 3328.32.  The city, exempted village, or local school	2016
district in which each child enrolled in a college-preparatory	2017
boarding school established under this chapter is entitled to	2018
attend school shall count that child in the district's average	2019
daily membership and in the district's category one through six	2020
special education ADM, as appropriate, as reported under divisions	2021
(A) and (B)(5) to (10) of section 3317.03 of the Revised Code.	2022

The department of education shall count that child in the	2023
district's formula ADM.	2024

Sec. 3328.33.  For each child enrolled in a	2025
college-preparatory boarding school, as reported under section	2026
3328.31 of the Revised Code, the department of education shall	2027
deduct from the state education aid and, if necessary, from the	2028
payment under sections 321.24 and 323.156 of the Revised Code, for	2029
the city, exempted village, or local school district in which the	2030
child is entitled to attend school an amount equal to eighty-five	2031
per cent of the operating expenditure per pupil of that district.	2032

As used in this section, a district's "operating expenditure	2033
per pupil" is the total amount of state payments and other	2034
nonfederal revenue spent by the district for operating expenses	2035
during the previous fiscal year, divided by the district's formula	2036
ADM for the previous fiscal year.	2037

Sec. 3328.34.  (A) For each child enrolled in a	2038
college-preparatory boarding school, as reported under section	2039
3328.31 of the Revised Code, the department of education shall pay	2040
to the school the sum of the amount deducted from a participating	2041
school district's account for that child under section 3328.33 of	2042
the Revised Code plus the per-pupil boarding amount specified in	2043
division (B) of this section.	2044

(B) For the first fiscal year in which a college-preparatory	2045
boarding school may be established under this chapter, the	2046
"per-pupil boarding amount" is twenty-five thousand dollars. For	2047
each fiscal year thereafter, that amount shall be adjusted by the	2048
rate of inflation, as measured by the consumer price index (all	2049
urban consumers, all items) prepared by the bureau of labor	2050
statistics of the United States department of labor, for the	2051
previous twelve-month period.	2052

(C)(1) Notwithstanding division (A) of this section, if, in	2053
any fiscal year, the operator of a college-preparatory boarding	2054
school receives federal funds for the purpose of supporting the	2055
school's operations, the amount of those federal funds shall be	2056
deducted from the total per-pupil boarding amount for all enrolled	2057
students paid by the department to the school for that fiscal	2058
year. Any portion of the total per-pupil boarding amount for all	2059
enrolled students remaining after the deduction of the federal	2060
funds shall be paid by the department to the school from state	2061
funds appropriated to the department.	2062

(2) Notwithstanding division (A) of this section, if, in any	2063
fiscal year, the department receives federal funds for the purpose	2064
of supporting the operations of a college-preparatory boarding	2065
school, the department shall use those federal funds first to pay	2066
the school the total per-pupil boarding amount for all enrolled	2067
students for that fiscal year. Any portion of the total per-pupil	2068
boarding amount for all enrolled students remaining after the use	2069
of the federal funds shall be paid by the department to the school	2070
from state funds appropriated to the department.	2071

(3) If any federal funds are used for the purpose prescribed	2072
in division (C)(1) or (2) of this section, the department shall	2073
comply with all requirements upon which the acceptance of the	2074
federal funds is conditioned, including any requirements set forth	2075
in the funding application submitted by the operator or the	2076
department and, to the extent sufficient funds are appropriated by	2077
the general assembly, any requirements regarding maintenance of	2078
effort in expenditures.	2079

Sec. 3328.35.  To the extent permitted by federal law, the	2080
department of education shall include college-preparatory boarding	2081
schools established under this chapter in its annual allocation of	2082
federal moneys under Title I of the "Elementary and Secondary	2083
Education Act of 1965," 20 U.S.C. 6301, et seq. The department may	2084
apply for any other federal moneys that may be used to support the	2085
operations of college-preparatory boarding schools established	2086
under this chapter.	2087

Sec. 3328.36.  A college-preparatory boarding school	2088
established under this chapter shall be considered a school	2089
district and its board of trustees, on behalf of the school's	2090
operator, shall be considered a board of education for the purpose	2091
of applying to any state or federal agency for grants that a	2092
school district or public school may receive under federal or	2093
state law or any appropriations act of the general assembly. The	2094
college-preparatory boarding school and its operator may apply to	2095
any private entity for funds.	2096

Sec. 3328.41.  Each participating school district shall	2097
provide transportation on a weekly basis for each student enrolled	2098
in a college-preparatory boarding school established under this	2099
chapter who is entitled to attend school in the district to and	2100
from that college-preparatory boarding school.	2101

Sec. 3328.45.  If the state board of education determines	2102
that a college-preparatory boarding school established under this	2103
chapter is not in compliance with any provision of this chapter or	2104
the terms of the contract entered into under section 3328.12 of	2105
the Revised Code, or that the school has failed to meet the	2106
academic goals or performance standards specified in that	2107
contract, the state board may initiate the termination procedures	2108
specified in the contract. No termination shall take effect prior	2109
to the end of a school year. Upon the effective date of a	2110
termination, the school shall close.	2111

(B) If a college-preparatory boarding school is required to	2112
close under division (A) of this section or closes for any other	2113
reason, the school's board of trustees shall execute the closing	2114
as provided in the contract under section 3328.12 of the Revised	2115
Code.	2116

Sec. 3328.50.  The state board of education shall adopt rules	2117
in accordance with Chapter 119. of the Revised Code prescribing	2118
procedures necessary for the implementation of this chapter.	2119

Sec. 3328.99. (A) Whoever violates division (F) of section	2120
3328.19 of the Revised Code shall be punished as follows:	2121

(1) Except as otherwise provided in division (A)(2) of this	2122
section, the person is guilty of a misdemeanor of the fourth	2123
degree.	2124

(2) The person is guilty of a misdemeanor of the first degree	2125
if both of the following conditions apply:	2126

(a) The employee who is the subject of the report that the	2127
person fails to submit was required to be reported for the	2128
commission or alleged commission of an act or offense involving	2129
the infliction on a child of any physical or mental wound, injury,	2130
disability, or condition of a nature that constitutes abuse or	2131
neglect of the child.	2132

(b) During the period between the violation of division (F)	2133
of section 3328.19 of the Revised Code and the conviction of or	2134
plea of guilty by the person for that violation, the employee who	2135
is the subject of the report that the person fails to submit	2136
inflicts on any child attending a school district, educational	2137
service center, public or nonpublic school, or county board of	2138
developmental disabilities where the employee works any physical	2139
or mental wound, injury, disability, or condition of a nature that	2140
constitutes abuse or neglect of the child.	2141

(B) Whoever violates division (B) of section 3328.193 of the	2142
Revised Code is guilty of a misdemeanor of the first degree.	2143

Sec. 4117.01.  As used in this chapter:

2144

(A) "Person," in addition to those included in division (C)	2145
of section 1.59 of the Revised Code, includes employee	2146
organizations, public employees, and public employers.	2147

(B) "Public employer" means the state or any political	2148
subdivision of the state located entirely within the state,	2149
including, without limitation, any municipal corporation with a	2150
population of at least five thousand according to the most recent	2151
federal decennial census; county; township with a population of at	2152
least five thousand in the unincorporated area of the township	2153
according to the most recent federal decennial census; school	2154
district; governing authority of a community school established	2155
under Chapter 3314. of the Revised Code; a college-preparatory	2156
boarding school established under Chapter 3328. of the Revised	2157
Code or its operator; state institution of higher learning; public	2158
or special district; state agency, authority, commission, or	2159
board; or other branch of public employment.	2160

(C) "Public employee" means any person holding a position by	2161
appointment or employment in the service of a public employer,	2162
including any person working pursuant to a contract between a	2163
public employer and a private employer and over whom the national	2164
labor relations board has declined jurisdiction on the basis that	2165
the involved employees are employees of a public employer, except:	2166

(1) Persons holding elective office;

2167

(2) Employees of the general assembly and employees of any	2168
other legislative body of the public employer whose principal	2169
duties are directly related to the legislative functions of the	2170
body;	2171

(3) Employees on the staff of the governor or the chief	2172
executive of the public employer whose principal duties are	2173
directly related to the performance of the executive functions of	2174
the governor or the chief executive;	2175

(4) Persons who are members of the Ohio organized militia,	2176
while training or performing duty under section 5919.29 or 5923.12	2177
of the Revised Code;	2178

(5) Employees of the state employment relations board,	2179
including those employees of the state employment relations board	2180
utilized by the state personnel board of review in the exercise of	2181
the powers and the performance of the duties and functions of the	2182
state personnel board of review;	2183

(6) Confidential employees;

2184

(7) Management level employees;

2185

(8) Employees and officers of the courts, assistants to the	2186
attorney general, assistant prosecuting attorneys, and employees	2187
of the clerks of courts who perform a judicial function;	2188

(9) Employees of a public official who act in a fiduciary	2189
capacity, appointed pursuant to section 124.11 of the Revised	2190
Code;	2191

(10) Supervisors;

2192

(11) Students whose primary purpose is educational training,	2193
including graduate assistants or associates, residents, interns,	2194
or other students working as part-time public employees less than	2195
fifty per cent of the normal year in the employee's bargaining	2196
unit;	2197

(12) Employees of county boards of election;

2198

(13) Seasonal and casual employees as determined by the state	2199
employment relations board;	2200

(14) Part-time faculty members of an institution of higher	2201
education;	2202

(15) Participants in a work activity, developmental activity,	2203
or alternative work activity under sections 5107.40 to 5107.69 of	2204
the Revised Code who perform a service for a public employer that	2205
the public employer needs but is not performed by an employee of	2206
the public employer if the participant is not engaged in paid	2207
employment or subsidized employment pursuant to the activity;	2208

(16) Employees included in the career professional service of	2209
the department of transportation under section 5501.20 of the	2210
Revised Code;	2211

(17) Employees of community-based correctional facilities and	2212
district community-based correctional facilities created under	2213
sections 2301.51 to 2301.58 of the Revised Code who are not	2214
subject to a collective bargaining agreement on June 1, 2005;.	2215

(D) "Employee organization" means any labor or bona fide	2216
organization in which public employees participate and that exists	2217
for the purpose, in whole or in part, of dealing with public	2218
employers concerning grievances, labor disputes, wages, hours,	2219
terms, and other conditions of employment.	2220

(E) "Exclusive representative" means the employee	2221
organization certified or recognized as an exclusive	2222
representative under section 4117.05 of the Revised Code.	2223

(F) "Supervisor" means any individual who has authority, in	2224
the interest of the public employer, to hire, transfer, suspend,	2225
lay off, recall, promote, discharge, assign, reward, or discipline	2226
other public employees; to responsibly direct them; to adjust	2227
their grievances; or to effectively recommend such action, if the	2228
exercise of that authority is not of a merely routine or clerical	2229
nature, but requires the use of independent judgment, provided	2230
that:	2231

(1) Employees of school districts who are department	2232
chairpersons or consulting teachers shall not be deemed	2233
supervisors;	2234

(2) With respect to members of a police or fire department,	2235
no person shall be deemed a supervisor except the chief of the	2236
department or those individuals who, in the absence of the chief,	2237
are authorized to exercise the authority and perform the duties of	2238
the chief of the department. Where prior to June 1, 1982, a public	2239
employer pursuant to a judicial decision, rendered in litigation	2240
to which the public employer was a party, has declined to engage	2241
in collective bargaining with members of a police or fire	2242
department on the basis that those members are supervisors, those	2243
members of a police or fire department do not have the rights	2244
specified in this chapter for the purposes of future collective	2245
bargaining. The state employment relations board shall decide all	2246
disputes concerning the application of division (F)(2) of this	2247
section.	2248

(3) With respect to faculty members of a state institution of	2249
higher education, heads of departments or divisions are	2250
supervisors; however, no other faculty member or group of faculty	2251
members is a supervisor solely because the faculty member or group	2252
of faculty members participate in decisions with respect to	2253
courses, curriculum, personnel, or other matters of academic	2254
policy;	2255

(4) No teacher as defined in section 3319.09 of the Revised	2256
Code shall be designated as a supervisor or a management level	2257
employee unless the teacher is employed under a contract governed	2258
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	2259
is assigned to a position for which a license deemed to be for	2260
administrators under state board rules is required pursuant to	2261
section 3319.22 of the Revised Code.	2262

(G) "To bargain collectively" means to perform the mutual	2263
obligation of the public employer, by its representatives, and the	2264
representatives of its employees to negotiate in good faith at	2265
reasonable times and places with respect to wages, hours, terms,	2266
and other conditions of employment and the continuation,	2267
modification, or deletion of an existing provision of a collective	2268
bargaining agreement, with the intention of reaching an agreement,	2269
or to resolve questions arising under the agreement. "To bargain	2270
collectively" includes executing a written contract incorporating	2271
the terms of any agreement reached. The obligation to bargain	2272
collectively does not mean that either party is compelled to agree	2273
to a proposal nor does it require the making of a concession.	2274

(H) "Strike" means continuous concerted action in failing to	2275
report to duty; willful absence from one's position; or stoppage	2276
of work in whole from the full, faithful, and proper performance	2277
of the duties of employment, for the purpose of inducing,	2278
influencing, or coercing a change in wages, hours, terms, and	2279
other conditions of employment. "Strike" does not include a	2280
stoppage of work by employees in good faith because of dangerous	2281
or unhealthful working conditions at the place of employment that	2282
are abnormal to the place of employment.	2283

(I) "Unauthorized strike" includes, but is not limited to,	2284
concerted action during the term or extended term of a collective	2285
bargaining agreement or during the pendency of the settlement	2286
procedures set forth in section 4117.14 of the Revised Code in	2287
failing to report to duty; willful absence from one's position;	2288
stoppage of work; slowdown, or abstinence in whole or in part from	2289
the full, faithful, and proper performance of the duties of	2290
employment for the purpose of inducing, influencing, or coercing a	2291
change in wages, hours, terms, and other conditions of employment.	2292
"Unauthorized strike" includes any such action, absence, stoppage,	2293
slowdown, or abstinence when done partially or intermittently,	2294
whether during or after the expiration of the term or extended	2295
term of a collective bargaining agreement or during or after the	2296
pendency of the settlement procedures set forth in section 4117.14	2297
of the Revised Code.	2298

(J) "Professional employee" means any employee engaged in	2299
work that is predominantly intellectual, involving the consistent	2300
exercise of discretion and judgment in its performance and	2301
requiring knowledge of an advanced type in a field of science or	2302
learning customarily acquired by a prolonged course in an	2303
institution of higher learning or a hospital, as distinguished	2304
from a general academic education or from an apprenticeship; or an	2305
employee who has completed the courses of specialized intellectual	2306
instruction and is performing related work under the supervision	2307
of a professional person to become qualified as a professional	2308
employee.	2309

(K) "Confidential employee" means any employee who works in	2310
the personnel offices of a public employer and deals with	2311
information to be used by the public employer in collective	2312
bargaining; or any employee who works in a close continuing	2313
relationship with public officers or representatives directly	2314
participating in collective bargaining on behalf of the employer.	2315

(L) "Management level employee" means an individual who	2316
formulates policy on behalf of the public employer, who	2317
responsibly directs the implementation of policy, or who may	2318
reasonably be required on behalf of the public employer to assist	2319
in the preparation for the conduct of collective negotiations,	2320
administer collectively negotiated agreements, or have a major	2321
role in personnel administration. Assistant superintendents,	2322
principals, and assistant principals whose employment is governed	2323
by section 3319.02 of the Revised Code are management level	2324
employees. With respect to members of a faculty of a state	2325
institution of higher education, no person is a management level	2326
employee because of the person's involvement in the formulation or	2327
implementation of academic or institution policy.	2328

(M) "Wages" means hourly rates of pay, salaries, or other	2329
forms of compensation for services rendered.	2330

(N) "Member of a police department" means a person who is in	2331
the employ of a police department of a municipal corporation as a	2332
full-time regular police officer as the result of an appointment	2333
from a duly established civil service eligibility list or under	2334
section 737.15 or 737.16 of the Revised Code, a full-time deputy	2335
sheriff appointed under section 311.04 of the Revised Code, a	2336
township constable appointed under section 509.01 of the Revised	2337
Code, or a member of a township police district police department	2338
appointed under section 505.49 of the Revised Code.	2339

(O) "Members of the state highway patrol" means highway	2340
patrol troopers and radio operators appointed under section	2341
5503.01 of the Revised Code.	2342

(P) "Member of a fire department" means a person who is in	2343
the employ of a fire department of a municipal corporation or a	2344
township as a fire cadet, full-time regular firefighter, or	2345
promoted rank as the result of an appointment from a duly	2346
established civil service eligibility list or under section	2347
505.38, 709.012, or 737.22 of the Revised Code.	2348

(Q) "Day" means calendar day.

2349

Section 2.  That existing sections 109.57, 3313.61, 3317.03,	2350
3319.31, 3319.311, and 4117.01 of the Revised Code are hereby	2351
repealed.	2352

Section 3.  Sections 109.57 and 3317.03 of the Revised Code	2353
are presented in this act as composites of the sections as amended	2354
by both Am. Sub. H.B. 1 and Sub. S.B. 79 of the 128th General	2355
Assembly. The General Assembly, applying the principle stated in	2356
division (B) of section 1.52 of the Revised Code that amendments	2357
are to be harmonized if reasonably capable of simultaneous	2358
operation, finds that the composites are the resulting versions of	2359
the sections in effect prior to the effective date of the sections	2360
as presented in this act.	2361