As Reported by the House Education Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 136

Representative Huffman 

Cosponsors: Representatives Goodwin, Roegner, Adams, J., Thompson, McClain, Amstutz, Anielski, Brenner, Young, Derickson, Blessing, Slaby, Mecklenborg, Butler, Wachtmann, Stautberg, Blair, Maag, Uecker, Newbold, Sears, Patmon, Buchy, Combs, Hall, Gonzales, Martin, Landis Speaker Batchelder  Representatives Stinziano, Beck, Henne, Bubp, Hollington, Boose, Hottinger, Burke 

---

A BILL

To amend sections 109.57, 109.572, 3301.0714,

1

3310.02, 3310.03, 3310.06, 3310.51, 3317.03, and

2

5727.84, to enact sections 3310.21 to 3310.35,

3

3310.37, and 3310.38, and to repeal section

4

3310.05 of the Revised Code to revise the

5

Educational Choice Scholarship Pilot Program and

6

to establish the Parental Choice and Taxpayer

7

Savings Scholarship Program.

8

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

Section 1.  That sections 109.57, 109.572, 3301.0714,	9
3310.02, 3310.03, 3310.06, 3310.51, 3317.03, and 5727.84 be	10
amended and sections 3310.21, 3310.22, 3310.23, 3310.24, 3310.25,	11
3310.26, 3310.27, 3310.28, 3310.29, 3310.30, 3310.31, 3310.32,	12
3310.33, 3310.34, 3310.35, 3310.37, and 3310.38 of the Revised	13
Code be enacted to read as follows:	14

Sec. 109.57.  (A)(1) The superintendent of the bureau of	15
criminal identification and investigation shall procure from	16
wherever procurable and file for record photographs, pictures,	17
descriptions, fingerprints, measurements, and other information	18
that may be pertinent of all persons who have been convicted of	19
committing within this state a felony, any crime constituting a	20
misdemeanor on the first offense and a felony on subsequent	21
offenses, or any misdemeanor described in division (A)(1)(a),	22
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	23
of all children under eighteen years of age who have been	24
adjudicated delinquent children for committing within this state	25
an act that would be a felony or an offense of violence if	26
committed by an adult or who have been convicted of or pleaded	27
guilty to committing within this state a felony or an offense of	28
violence, and of all well-known and habitual criminals. The person	29
in charge of any county, multicounty, municipal, municipal-county,	30
or multicounty-municipal jail or workhouse, community-based	31
correctional facility, halfway house, alternative residential	32
facility, or state correctional institution and the person in	33
charge of any state institution having custody of a person	34
suspected of having committed a felony, any crime constituting a	35
misdemeanor on the first offense and a felony on subsequent	36
offenses, or any misdemeanor described in division (A)(1)(a),	37
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	38
having custody of a child under eighteen years of age with respect	39
to whom there is probable cause to believe that the child may have	40
committed an act that would be a felony or an offense of violence	41
if committed by an adult shall furnish such material to the	42
superintendent of the bureau. Fingerprints, photographs, or other	43
descriptive information of a child who is under eighteen years of	44
age, has not been arrested or otherwise taken into custody for	45
committing an act that would be a felony or an offense of violence	46
who is not in any other category of child specified in this	47
division, if committed by an adult, has not been adjudicated a	48
delinquent child for committing an act that would be a felony or	49
an offense of violence if committed by an adult, has not been	50
convicted of or pleaded guilty to committing a felony or an	51
offense of violence, and is not a child with respect to whom there	52
is probable cause to believe that the child may have committed an	53
act that would be a felony or an offense of violence if committed	54
by an adult shall not be procured by the superintendent or	55
furnished by any person in charge of any county, multicounty,	56
municipal, municipal-county, or multicounty-municipal jail or	57
workhouse, community-based correctional facility, halfway house,	58
alternative residential facility, or state correctional	59
institution, except as authorized in section 2151.313 of the	60
Revised Code.	61

(2) Every clerk of a court of record in this state, other	62
than the supreme court or a court of appeals, shall send to the	63
superintendent of the bureau a weekly report containing a summary	64
of each case involving a felony, involving any crime constituting	65
a misdemeanor on the first offense and a felony on subsequent	66
offenses, involving a misdemeanor described in division (A)(1)(a),	67
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	68
or involving an adjudication in a case in which a child under	69
eighteen years of age was alleged to be a delinquent child for	70
committing an act that would be a felony or an offense of violence	71
if committed by an adult. The clerk of the court of common pleas	72
shall include in the report and summary the clerk sends under this	73
division all information described in divisions (A)(2)(a) to (f)	74
of this section regarding a case before the court of appeals that	75
is served by that clerk. The summary shall be written on the	76
standard forms furnished by the superintendent pursuant to	77
division (B) of this section and shall include the following	78
information:	79

(a) The incident tracking number contained on the standard	80
forms furnished by the superintendent pursuant to division (B) of	81
this section;	82

(b) The style and number of the case;

83

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

84

(d) The date that the person was convicted of or pleaded	85
guilty to the offense, adjudicated a delinquent child for	86
committing the act that would be a felony or an offense of	87
violence if committed by an adult, found not guilty of the	88
offense, or found not to be a delinquent child for committing an	89
act that would be a felony or an offense of violence if committed	90
by an adult, the date of an entry dismissing the charge, an entry	91
declaring a mistrial of the offense in which the person is	92
discharged, an entry finding that the person or child is not	93
competent to stand trial, or an entry of a nolle prosequi, or the	94
date of any other determination that constitutes final resolution	95
of the case;	96

(e) A statement of the original charge with the section of	97
the Revised Code that was alleged to be violated;	98

(f) If the person or child was convicted, pleaded guilty, or	99
was adjudicated a delinquent child, the sentence or terms of	100
probation imposed or any other disposition of the offender or the	101
delinquent child.	102

If the offense involved the disarming of a law enforcement	103
officer or an attempt to disarm a law enforcement officer, the	104
clerk shall clearly state that fact in the summary, and the	105
superintendent shall ensure that a clear statement of that fact is	106
placed in the bureau's records.	107

(3) The superintendent shall cooperate with and assist	108
sheriffs, chiefs of police, and other law enforcement officers in	109
the establishment of a complete system of criminal identification	110
and in obtaining fingerprints and other means of identification of	111
all persons arrested on a charge of a felony, any crime	112
constituting a misdemeanor on the first offense and a felony on	113
subsequent offenses, or a misdemeanor described in division	114
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	115
Revised Code and of all children under eighteen years of age	116
arrested or otherwise taken into custody for committing an act	117
that would be a felony or an offense of violence if committed by	118
an adult. The superintendent also shall file for record the	119
fingerprint impressions of all persons confined in a county,	120
multicounty, municipal, municipal-county, or multicounty-municipal	121
jail or workhouse, community-based correctional facility, halfway	122
house, alternative residential facility, or state correctional	123
institution for the violation of state laws and of all children	124
under eighteen years of age who are confined in a county,	125
multicounty, municipal, municipal-county, or multicounty-municipal	126
jail or workhouse, community-based correctional facility, halfway	127
house, alternative residential facility, or state correctional	128
institution or in any facility for delinquent children for	129
committing an act that would be a felony or an offense of violence	130
if committed by an adult, and any other information that the	131
superintendent may receive from law enforcement officials of the	132
state and its political subdivisions.	133

(4) The superintendent shall carry out Chapter 2950. of the	134
Revised Code with respect to the registration of persons who are	135
convicted of or plead guilty to a sexually oriented offense or a	136
child-victim oriented offense and with respect to all other duties	137
imposed on the bureau under that chapter.	138

(5) The bureau shall perform centralized recordkeeping	139
functions for criminal history records and services in this state	140
for purposes of the national crime prevention and privacy compact	141
set forth in section 109.571 of the Revised Code and is the	142
criminal history record repository as defined in that section for	143
purposes of that compact. The superintendent or the	144
superintendent's designee is the compact officer for purposes of	145
that compact and shall carry out the responsibilities of the	146
compact officer specified in that compact.	147

(B) The superintendent shall prepare and furnish to every	148
county, multicounty, municipal, municipal-county, or	149
multicounty-municipal jail or workhouse, community-based	150
correctional facility, halfway house, alternative residential	151
facility, or state correctional institution and to every clerk of	152
a court in this state specified in division (A)(2) of this section	153
standard forms for reporting the information required under	154
division (A) of this section. The standard forms that the	155
superintendent prepares pursuant to this division may be in a	156
tangible format, in an electronic format, or in both tangible	157
formats and electronic formats.	158

(C)(1) The superintendent may operate a center for	159
electronic, automated, or other data processing for the storage	160
and retrieval of information, data, and statistics pertaining to	161
criminals and to children under eighteen years of age who are	162
adjudicated delinquent children for committing an act that would	163
be a felony or an offense of violence if committed by an adult,	164
criminal activity, crime prevention, law enforcement, and criminal	165
justice, and may establish and operate a statewide communications	166
network to be known as the Ohio law enforcement gateway to gather	167
and disseminate information, data, and statistics for the use of	168
law enforcement agencies and for other uses specified in this	169
division. The superintendent may gather, store, retrieve, and	170
disseminate information, data, and statistics that pertain to	171
children who are under eighteen years of age and that are gathered	172
pursuant to sections 109.57 to 109.61 of the Revised Code together	173
with information, data, and statistics that pertain to adults and	174
that are gathered pursuant to those sections.	175

(2) The superintendent or the superintendent's designee shall	176
gather information of the nature described in division (C)(1) of	177
this section that pertains to the offense and delinquency history	178
of a person who has been convicted of, pleaded guilty to, or been	179
adjudicated a delinquent child for committing a sexually oriented	180
offense or a child-victim oriented offense for inclusion in the	181
state registry of sex offenders and child-victim offenders	182
maintained pursuant to division (A)(1) of section 2950.13 of the	183
Revised Code and in the internet database operated pursuant to	184
division (A)(13) of that section and for possible inclusion in the	185
internet database operated pursuant to division (A)(11) of that	186
section.	187

(3) In addition to any other authorized use of information,	188
data, and statistics of the nature described in division (C)(1) of	189
this section, the superintendent or the superintendent's designee	190
may provide and exchange the information, data, and statistics	191
pursuant to the national crime prevention and privacy compact as	192
described in division (A)(5) of this section.	193

(4) The attorney general may adopt rules under Chapter 119.	194
of the Revised Code establishing guidelines for the operation of	195
and participation in the Ohio law enforcement gateway. The rules	196
may include criteria for granting and restricting access to	197
information gathered and disseminated through the Ohio law	198
enforcement gateway. The attorney general shall permit the state	199
medical board and board of nursing to access and view, but not	200
alter, information gathered and disseminated through the Ohio law	201
enforcement gateway.	202

The attorney general may appoint a steering committee to	203
advise the attorney general in the operation of the Ohio law	204
enforcement gateway that is comprised of persons who are	205
representatives of the criminal justice agencies in this state	206
that use the Ohio law enforcement gateway and is chaired by the	207
superintendent or the superintendent's designee.	208

(D)(1) The following are not public records under section	209
149.43 of the Revised Code:	210

(a) Information and materials furnished to the superintendent	211
pursuant to division (A) of this section;	212

(b) Information, data, and statistics gathered or	213
disseminated through the Ohio law enforcement gateway pursuant to	214
division (C)(1) of this section;	215

(c) Information and materials furnished to any board or	216
person under division (F) or (G) of this section.	217

(2) The superintendent or the superintendent's designee shall	218
gather and retain information so furnished under division (A) of	219
this section that pertains to the offense and delinquency history	220
of a person who has been convicted of, pleaded guilty to, or been	221
adjudicated a delinquent child for committing a sexually oriented	222
offense or a child-victim oriented offense for the purposes	223
described in division (C)(2) of this section.	224

(E) The attorney general shall adopt rules, in accordance	225
with Chapter 119. of the Revised Code, setting forth the procedure	226
by which a person may receive or release information gathered by	227
the superintendent pursuant to division (A) of this section. A	228
reasonable fee may be charged for this service. If a temporary	229
employment service submits a request for a determination of	230
whether a person the service plans to refer to an employment	231
position has been convicted of or pleaded guilty to an offense	232
listed in division (A)(1), (3), (4), (5), or (6) of section	233
109.572 of the Revised Code, the request shall be treated as a	234
single request and only one fee shall be charged.	235

(F)(1) As used in division (F)(2) of this section, "head	236
start agency" means an entity in this state that has been approved	237
to be an agency for purposes of subchapter II of the "Community	238
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	239
as amended.	240

(2)(a) In addition to or in conjunction with any request that	241
is required to be made under section 109.572, 2151.86, 3301.32,	242
3301.541, division (C) of section 3310.58, or section 3319.39,	243
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	244
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	245
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	246
Revised Code, the board of education of any school district; the	247
director of developmental disabilities; any county board of	248
developmental disabilities; any entity under contract with a	249
county board of developmental disabilities; the chief	250
administrator of any chartered or approved nonpublic school; the	251
chief administrator of a registered private provider that is not	252
also a chartered nonpublic school; the chief administrator of any	253
home health agency; the chief administrator of or person operating	254
any child day-care center, type A family day-care home, or type B	255
family day-care home licensed or certified under Chapter 5104. of	256
the Revised Code; the administrator of any type C family day-care	257
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	258
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	259
general assembly; the chief administrator of any head start	260
agency; the executive director of a public children services	261
agency; a private company described in section 3314.41, 3319.392,	262
3326.25, or 3328.20 of the Revised Code; or an employer described	263
in division (J)(2) of section 3327.10 of the Revised Code may	264
request that the superintendent of the bureau investigate and	265
determine, with respect to any individual who has applied for	266
employment in any position after October 2, 1989, or any	267
individual wishing to apply for employment with a board of	268
education may request, with regard to the individual, whether the	269
bureau has any information gathered under division (A) of this	270
section that pertains to that individual. On receipt of the	271
request, the superintendent shall determine whether that	272
information exists and, upon request of the person, board, or	273
entity requesting information, also shall request from the federal	274
bureau of investigation any criminal records it has pertaining to	275
that individual. The superintendent or the superintendent's	276
designee also may request criminal history records from other	277
states or the federal government pursuant to the national crime	278
prevention and privacy compact set forth in section 109.571 of the	279
Revised Code. Within thirty days of the date that the	280
superintendent receives a request, the superintendent shall send	281
to the board, entity, or person a report of any information that	282
the superintendent determines exists, including information	283
contained in records that have been sealed under section 2953.32	284
of the Revised Code, and, within thirty days of its receipt, shall	285
send the board, entity, or person a report of any information	286
received from the federal bureau of investigation, other than	287
information the dissemination of which is prohibited by federal	288
law.	289

(b) When a board of education or a registered private	290
provider is required to receive information under this section as	291
a prerequisite to employment of an individual pursuant to division	292
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	293
may accept a certified copy of records that were issued by the	294
bureau of criminal identification and investigation and that are	295
presented by an individual applying for employment with the	296
district in lieu of requesting that information itself. In such a	297
case, the board or provider shall accept the certified copy issued	298
by the bureau in order to make a photocopy of it for that	299
individual's employment application documents and shall return the	300
certified copy to the individual. In a case of that nature, a	301
district or provider only shall accept a certified copy of records	302
of that nature within one year after the date of their issuance by	303
the bureau.	304

(c) Notwithstanding division (F)(2)(a) of this section, in	305
the case of a request under section 3319.39, 3319.391, or 3327.10	306
of the Revised Code only for criminal records maintained by the	307
federal bureau of investigation, the superintendent shall not	308
determine whether any information gathered under division (A) of	309
this section exists on the person for whom the request is made.	310

(3) The state board of education may request, with respect to	311
any individual who has applied for employment after October 2,	312
1989, in any position with the state board or the department of	313
education, any information that a school district board of	314
education is authorized to request under division (F)(2) of this	315
section, and the superintendent of the bureau shall proceed as if	316
the request has been received from a school district board of	317
education under division (F)(2) of this section.	318

(4) When the superintendent of the bureau receives a request	319
for information under section 3319.291 of the Revised Code, the	320
superintendent shall proceed as if the request has been received	321
from a school district board of education and shall comply with	322
divisions (F)(2)(a) and (c) of this section.	323

(5) When a recipient of a classroom reading improvement grant	324
paid under section 3301.86 of the Revised Code requests, with	325
respect to any individual who applies to participate in providing	326
any program or service funded in whole or in part by the grant,	327
the information that a school district board of education is	328
authorized to request under division (F)(2)(a) of this section,	329
the superintendent of the bureau shall proceed as if the request	330
has been received from a school district board of education under	331
division (F)(2)(a) of this section.	332

(G) In addition to or in conjunction with any request that is	333
required to be made under section 3701.881, 3712.09, 3721.121,	334
5119.693, or 5119.85 of the Revised Code with respect to an	335
individual who has applied for employment in a position that	336
involves providing direct care to an older adult or adult	337
resident, the chief administrator of a home health agency, hospice	338
care program, home licensed under Chapter 3721. of the Revised	339
Code, adult day-care program operated pursuant to rules adopted	340
under section 3721.04 of the Revised Code, adult foster home, or	341
adult care facility may request that the superintendent of the	342
bureau investigate and determine, with respect to any individual	343
who has applied after January 27, 1997, for employment in a	344
position that does not involve providing direct care to an older	345
adult or adult resident, whether the bureau has any information	346
gathered under division (A) of this section that pertains to that	347
individual.	348

In addition to or in conjunction with any request that is	349
required to be made under section 173.27 of the Revised Code with	350
respect to an individual who has applied for employment in a	351
position that involves providing ombudsperson services to	352
residents of long-term care facilities or recipients of	353
community-based long-term care services, the state long-term care	354
ombudsperson, ombudsperson's designee, or director of health may	355
request that the superintendent investigate and determine, with	356
respect to any individual who has applied for employment in a	357
position that does not involve providing such ombudsperson	358
services, whether the bureau has any information gathered under	359
division (A) of this section that pertains to that applicant.	360

In addition to or in conjunction with any request that is	361
required to be made under section 173.394 of the Revised Code with	362
respect to an individual who has applied for employment in a	363
position that involves providing direct care to an individual, the	364
chief administrator of a community-based long-term care agency may	365
request that the superintendent investigate and determine, with	366
respect to any individual who has applied for employment in a	367
position that does not involve providing direct care, whether the	368
bureau has any information gathered under division (A) of this	369
section that pertains to that applicant.	370

On receipt of a request under this division, the	371
superintendent shall determine whether that information exists	372
and, on request of the individual requesting information, shall	373
also request from the federal bureau of investigation any criminal	374
records it has pertaining to the applicant. The superintendent or	375
the superintendent's designee also may request criminal history	376
records from other states or the federal government pursuant to	377
the national crime prevention and privacy compact set forth in	378
section 109.571 of the Revised Code. Within thirty days of the	379
date a request is received, the superintendent shall send to the	380
requester a report of any information determined to exist,	381
including information contained in records that have been sealed	382
under section 2953.32 of the Revised Code, and, within thirty days	383
of its receipt, shall send the requester a report of any	384
information received from the federal bureau of investigation,	385
other than information the dissemination of which is prohibited by	386
federal law.	387

(H) Information obtained by a government entity or person	388
under this section is confidential and shall not be released or	389
disseminated.	390

(I) The superintendent may charge a reasonable fee for	391
providing information or criminal records under division (F)(2) or	392
(G) of this section.	393

(J) As used in this section:

394

(1) "Sexually oriented offense" and "child-victim oriented	395
offense" have the same meanings as in section 2950.01 of the	396
Revised Code.	397

(2) "Registered private provider" means a nonpublic school or	398
entity registered with the superintendent of public instruction	399
under section 3310.41 of the Revised Code to participate in the	400
autism scholarship program or section 3310.58 of the Revised Code	401
to participate in the Jon Peterson special needs scholarship	402
program.	403

(3) "Approved nonpublic school" has the same meaning as in	404
section 3310.29 of the Revised Code.	405

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	406
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	407
a completed form prescribed pursuant to division (C)(1) of this	408
section, and a set of fingerprint impressions obtained in the	409
manner described in division (C)(2) of this section, the	410
superintendent of the bureau of criminal identification and	411
investigation shall conduct a criminal records check in the manner	412
described in division (B) of this section to determine whether any	413
information exists that indicates that the person who is the	414
subject of the request previously has been convicted of or pleaded	415
guilty to any of the following:	416

(a) A violation of section 2903.01, 2903.02, 2903.03,	417
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	418
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	419
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	420
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	421
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	422
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	423
2925.06, or 3716.11 of the Revised Code, felonious sexual	424
penetration in violation of former section 2907.12 of the Revised	425
Code, a violation of section 2905.04 of the Revised Code as it	426
existed prior to July 1, 1996, a violation of section 2919.23 of	427
the Revised Code that would have been a violation of section	428
2905.04 of the Revised Code as it existed prior to July 1, 1996,	429
had the violation been committed prior to that date, or a	430
violation of section 2925.11 of the Revised Code that is not a	431
minor drug possession offense;	432

(b) A violation of an existing or former law of this state,	433
any other state, or the United States that is substantially	434
equivalent to any of the offenses listed in division (A)(1)(a) of	435
this section.	436

(2) On receipt of a request pursuant to section 5123.081 of	437
the Revised Code with respect to an applicant for employment in	438
any position with the department of developmental disabilities,	439
pursuant to section 5126.28 of the Revised Code with respect to an	440
applicant for employment in any position with a county board of	441
developmental disabilities, or pursuant to section 5126.281 of the	442
Revised Code with respect to an applicant for employment in a	443
direct services position with an entity contracting with a county	444
board for employment, a completed form prescribed pursuant to	445
division (C)(1) of this section, and a set of fingerprint	446
impressions obtained in the manner described in division (C)(2) of	447
this section, the superintendent of the bureau of criminal	448
identification and investigation shall conduct a criminal records	449
check. The superintendent shall conduct the criminal records check	450
in the manner described in division (B) of this section to	451
determine whether any information exists that indicates that the	452
person who is the subject of the request has been convicted of or	453
pleaded guilty to any of the following:	454

(a) A violation of section 2903.01, 2903.02, 2903.03,	455
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	456
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	457
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	458
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	459
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	460
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	461
2925.03, or 3716.11 of the Revised Code;	462

(b) An existing or former municipal ordinance or law of this	463
state, any other state, or the United States that is substantially	464
equivalent to any of the offenses listed in division (A)(2)(a) of	465
this section.	466

(3) On receipt of a request pursuant to section 173.27,	467
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised	468
Code, a completed form prescribed pursuant to division (C)(1) of	469
this section, and a set of fingerprint impressions obtained in the	470
manner described in division (C)(2) of this section, the	471
superintendent of the bureau of criminal identification and	472
investigation shall conduct a criminal records check with respect	473
to any person who has applied for employment in a position for	474
which a criminal records check is required by those sections. The	475
superintendent shall conduct the criminal records check in the	476
manner described in division (B) of this section to determine	477
whether any information exists that indicates that the person who	478
is the subject of the request previously has been convicted of or	479
pleaded guilty to any of the following:	480

(a) A violation of section 2903.01, 2903.02, 2903.03,	481
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	482
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	483
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	484
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	485
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	486
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	487
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	488
2925.22, 2925.23, or 3716.11 of the Revised Code;	489

(b) An existing or former law of this state, any other state,	490
or the United States that is substantially equivalent to any of	491
the offenses listed in division (A)(3)(a) of this section.	492

(4) On receipt of a request pursuant to section 3701.881 of	493
the Revised Code with respect to an applicant for employment with	494
a home health agency as a person responsible for the care,	495
custody, or control of a child, a completed form prescribed	496
pursuant to division (C)(1) of this section, and a set of	497
fingerprint impressions obtained in the manner described in	498
division (C)(2) of this section, the superintendent of the bureau	499
of criminal identification and investigation shall conduct a	500
criminal records check. The superintendent shall conduct the	501
criminal records check in the manner described in division (B) of	502
this section to determine whether any information exists that	503
indicates that the person who is the subject of the request	504
previously has been convicted of or pleaded guilty to any of the	505
following:	506

(a) A violation of section 2903.01, 2903.02, 2903.03,	507
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	508
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	509
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	510
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	511
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	512
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	513
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	514
violation of section 2925.11 of the Revised Code that is not a	515
minor drug possession offense;	516

(b) An existing or former law of this state, any other state,	517
or the United States that is substantially equivalent to any of	518
the offenses listed in division (A)(4)(a) of this section.	519

(5) On receipt of a request pursuant to section 5111.032,	520
5111.033, or 5111.034 of the Revised Code, a completed form	521
prescribed pursuant to division (C)(1) of this section, and a set	522
of fingerprint impressions obtained in the manner described in	523
division (C)(2) of this section, the superintendent of the bureau	524
of criminal identification and investigation shall conduct a	525
criminal records check. The superintendent shall conduct the	526
criminal records check in the manner described in division (B) of	527
this section to determine whether any information exists that	528
indicates that the person who is the subject of the request	529
previously has been convicted of, has pleaded guilty to, or has	530
been found eligible for intervention in lieu of conviction for any	531
of the following, regardless of the date of the conviction, the	532
date of entry of the guilty plea, or the date the person was found	533
eligible for intervention in lieu of conviction:	534

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	535
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	536
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	537
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	538
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	539
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	540
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	541
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	542
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	543
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	544
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	545
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	546
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	547
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	548
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	549
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	550
penetration in violation of former section 2907.12 of the Revised	551
Code, a violation of section 2905.04 of the Revised Code as it	552
existed prior to July 1, 1996, a violation of section 2919.23 of	553
the Revised Code that would have been a violation of section	554
2905.04 of the Revised Code as it existed prior to July 1, 1996,	555
had the violation been committed prior to that date;	556

(b) A violation of an existing or former municipal ordinance	557
or law of this state, any other state, or the United States that	558
is substantially equivalent to any of the offenses listed in	559
division (A)(5)(a) of this section.	560

(6) On receipt of a request pursuant to section 3701.881 of	561
the Revised Code with respect to an applicant for employment with	562
a home health agency in a position that involves providing direct	563
care to an older adult, a completed form prescribed pursuant to	564
division (C)(1) of this section, and a set of fingerprint	565
impressions obtained in the manner described in division (C)(2) of	566
this section, the superintendent of the bureau of criminal	567
identification and investigation shall conduct a criminal records	568
check. The superintendent shall conduct the criminal records check	569
in the manner described in division (B) of this section to	570
determine whether any information exists that indicates that the	571
person who is the subject of the request previously has been	572
convicted of or pleaded guilty to any of the following:	573

(a) A violation of section 2903.01, 2903.02, 2903.03,	574
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	575
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	576
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	577
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	578
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	579
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	580
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	581
2925.22, 2925.23, or 3716.11 of the Revised Code;	582

(b) An existing or former law of this state, any other state,	583
or the United States that is substantially equivalent to any of	584
the offenses listed in division (A)(6)(a) of this section.	585

(7) When conducting a criminal records check upon a request	586
pursuant to section 3319.39 of the Revised Code for an applicant	587
who is a teacher, in addition to the determination made under	588
division (A)(1) of this section, the superintendent shall	589
determine whether any information exists that indicates that the	590
person who is the subject of the request previously has been	591
convicted of or pleaded guilty to any offense specified in section	592
3319.31 of the Revised Code.	593

(8) On receipt of a request pursuant to section 2151.86 of	594
the Revised Code, a completed form prescribed pursuant to division	595
(C)(1) of this section, and a set of fingerprint impressions	596
obtained in the manner described in division (C)(2) of this	597
section, the superintendent of the bureau of criminal	598
identification and investigation shall conduct a criminal records	599
check in the manner described in division (B) of this section to	600
determine whether any information exists that indicates that the	601
person who is the subject of the request previously has been	602
convicted of or pleaded guilty to any of the following:	603

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	604
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	605
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	606
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	607
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	608
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	609
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	610
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	611
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	612
of the Revised Code, a violation of section 2905.04 of the Revised	613
Code as it existed prior to July 1, 1996, a violation of section	614
2919.23 of the Revised Code that would have been a violation of	615
section 2905.04 of the Revised Code as it existed prior to July 1,	616
1996, had the violation been committed prior to that date, a	617
violation of section 2925.11 of the Revised Code that is not a	618
minor drug possession offense, two or more OVI or OVUAC violations	619
committed within the three years immediately preceding the	620
submission of the application or petition that is the basis of the	621
request, or felonious sexual penetration in violation of former	622
section 2907.12 of the Revised Code;	623

(b) A violation of an existing or former law of this state,	624
any other state, or the United States that is substantially	625
equivalent to any of the offenses listed in division (A)(8)(a) of	626
this section.	627

(9) Upon receipt of a request pursuant to section 5104.012 or	628
5104.013 of the Revised Code, a completed form prescribed pursuant	629
to division (C)(1) of this section, and a set of fingerprint	630
impressions obtained in the manner described in division (C)(2) of	631
this section, the superintendent of the bureau of criminal	632
identification and investigation shall conduct a criminal records	633
check in the manner described in division (B) of this section to	634
determine whether any information exists that indicates that the	635
person who is the subject of the request has been convicted of or	636
pleaded guilty to any of the following:	637

(a) A violation of section 2903.01, 2903.02, 2903.03,	638
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	639
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	640
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	641
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	642
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	643
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	644
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	645
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	646
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	647
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	648
3716.11 of the Revised Code, felonious sexual penetration in	649
violation of former section 2907.12 of the Revised Code, a	650
violation of section 2905.04 of the Revised Code as it existed	651
prior to July 1, 1996, a violation of section 2919.23 of the	652
Revised Code that would have been a violation of section 2905.04	653
of the Revised Code as it existed prior to July 1, 1996, had the	654
violation been committed prior to that date, a violation of	655
section 2925.11 of the Revised Code that is not a minor drug	656
possession offense, a violation of section 2923.02 or 2923.03 of	657
the Revised Code that relates to a crime specified in this	658
division, or a second violation of section 4511.19 of the Revised	659
Code within five years of the date of application for licensure or	660
certification.	661

(b) A violation of an existing or former law of this state,	662
any other state, or the United States that is substantially	663
equivalent to any of the offenses or violations described in	664
division (A)(9)(a) of this section.	665

(10) Upon receipt of a request pursuant to section 5153.111	666
of the Revised Code, a completed form prescribed pursuant to	667
division (C)(1) of this section, and a set of fingerprint	668
impressions obtained in the manner described in division (C)(2) of	669
this section, the superintendent of the bureau of criminal	670
identification and investigation shall conduct a criminal records	671
check in the manner described in division (B) of this section to	672
determine whether any information exists that indicates that the	673
person who is the subject of the request previously has been	674
convicted of or pleaded guilty to any of the following:	675

(a) A violation of section 2903.01, 2903.02, 2903.03,	676
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	677
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	678
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	679
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	680
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	681
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	682
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	683
felonious sexual penetration in violation of former section	684
2907.12 of the Revised Code, a violation of section 2905.04 of the	685
Revised Code as it existed prior to July 1, 1996, a violation of	686
section 2919.23 of the Revised Code that would have been a	687
violation of section 2905.04 of the Revised Code as it existed	688
prior to July 1, 1996, had the violation been committed prior to	689
that date, or a violation of section 2925.11 of the Revised Code	690
that is not a minor drug possession offense;	691

(b) A violation of an existing or former law of this state,	692
any other state, or the United States that is substantially	693
equivalent to any of the offenses listed in division (A)(10)(a) of	694
this section.	695

(11) On receipt of a request for a criminal records check	696
from an individual pursuant to section 4749.03 or 4749.06 of the	697
Revised Code, accompanied by a completed copy of the form	698
prescribed in division (C)(1) of this section and a set of	699
fingerprint impressions obtained in a manner described in division	700
(C)(2) of this section, the superintendent of the bureau of	701
criminal identification and investigation shall conduct a criminal	702
records check in the manner described in division (B) of this	703
section to determine whether any information exists indicating	704
that the person who is the subject of the request has been	705
convicted of or pleaded guilty to a felony in this state or in any	706
other state. If the individual indicates that a firearm will be	707
carried in the course of business, the superintendent shall	708
require information from the federal bureau of investigation as	709
described in division (B)(2) of this section. The superintendent	710
shall report the findings of the criminal records check and any	711
information the federal bureau of investigation provides to the	712
director of public safety.	713

(12) On receipt of a request pursuant to section 1321.37,	714
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	715
Code, a completed form prescribed pursuant to division (C)(1) of	716
this section, and a set of fingerprint impressions obtained in the	717
manner described in division (C)(2) of this section, the	718
superintendent of the bureau of criminal identification and	719
investigation shall conduct a criminal records check with respect	720
to any person who has applied for a license, permit, or	721
certification from the department of commerce or a division in the	722
department. The superintendent shall conduct the criminal records	723
check in the manner described in division (B) of this section to	724
determine whether any information exists that indicates that the	725
person who is the subject of the request previously has been	726
convicted of or pleaded guilty to any of the following: a	727
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	728
2925.03 of the Revised Code; any other criminal offense involving	729
theft, receiving stolen property, embezzlement, forgery, fraud,	730
passing bad checks, money laundering, or drug trafficking, or any	731
criminal offense involving money or securities, as set forth in	732
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	733
the Revised Code; or any existing or former law of this state, any	734
other state, or the United States that is substantially equivalent	735
to those offenses.	736

(13) On receipt of a request for a criminal records check	737
from the treasurer of state under section 113.041 of the Revised	738
Code or from an individual under section 4701.08, 4715.101,	739
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	740
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	741
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	742
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	743
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	744
a completed form prescribed under division (C)(1) of this section	745
and a set of fingerprint impressions obtained in the manner	746
described in division (C)(2) of this section, the superintendent	747
of the bureau of criminal identification and investigation shall	748
conduct a criminal records check in the manner described in	749
division (B) of this section to determine whether any information	750
exists that indicates that the person who is the subject of the	751
request has been convicted of or pleaded guilty to any criminal	752
offense in this state or any other state. The superintendent shall	753
send the results of a check requested under section 113.041 of the	754
Revised Code to the treasurer of state and shall send the results	755
of a check requested under any of the other listed sections to the	756
licensing board specified by the individual in the request.	757

(14) On receipt of a request pursuant to section 1121.23,	758
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	759
Code, a completed form prescribed pursuant to division (C)(1) of	760
this section, and a set of fingerprint impressions obtained in the	761
manner described in division (C)(2) of this section, the	762
superintendent of the bureau of criminal identification and	763
investigation shall conduct a criminal records check in the manner	764
described in division (B) of this section to determine whether any	765
information exists that indicates that the person who is the	766
subject of the request previously has been convicted of or pleaded	767
guilty to any criminal offense under any existing or former law of	768
this state, any other state, or the United States.	769

(15) On receipt of a request for a criminal records check	770
from an appointing or licensing authority under section 3772.07 of	771
the Revised Code, a completed form prescribed under division	772
(C)(1) of this section, and a set of fingerprint impressions	773
obtained in the manner prescribed in division (C)(2) of this	774
section, the superintendent of the bureau of criminal	775
identification and investigation shall conduct a criminal records	776
check in the manner described in division (B) of this section to	777
determine whether any information exists that indicates that the	778
person who is the subject of the request previously has been	779
convicted of or pleaded guilty or no contest to any offense under	780
any existing or former law of this state, any other state, or the	781
United States that is a disqualifying offense as defined in	782
section 3772.07 of the Revised Code or substantially equivalent to	783
such an offense.	784

(16) Not later than thirty days after the date the	785
superintendent receives a request of a type described in division	786
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	787
(14), or (15) of this section, the completed form, and the	788
fingerprint impressions, the superintendent shall send the person,	789
board, or entity that made the request any information, other than	790
information the dissemination of which is prohibited by federal	791
law, the superintendent determines exists with respect to the	792
person who is the subject of the request that indicates that the	793
person previously has been convicted of or pleaded guilty to any	794
offense listed or described in division (A)(1), (2), (3), (4),	795
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this	796
section, as appropriate. The superintendent shall send the person,	797
board, or entity that made the request a copy of the list of	798
offenses specified in division (A)(1), (2), (3), (4), (5), (6),	799
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as	800
appropriate. If the request was made under section 3701.881 of the	801
Revised Code with regard to an applicant who may be both	802
responsible for the care, custody, or control of a child and	803
involved in providing direct care to an older adult, the	804
superintendent shall provide a list of the offenses specified in	805
divisions (A)(4) and (6) of this section.	806

Not later than thirty days after the superintendent receives	807
a request for a criminal records check pursuant to section 113.041	808
of the Revised Code, the completed form, and the fingerprint	809
impressions, the superintendent shall send the treasurer of state	810
any information, other than information the dissemination of which	811
is prohibited by federal law, the superintendent determines exist	812
with respect to the person who is the subject of the request that	813
indicates that the person previously has been convicted of or	814
pleaded guilty to any criminal offense in this state or any other	815
state.	816

(B) The superintendent shall conduct any criminal records	817
check requested under section 113.041, 121.08, 173.27, 173.394,	818
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	819
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	820
3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061,	821
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	822
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	823
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	824
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	825
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	826
5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,	827
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:	828

(1) The superintendent shall review or cause to be reviewed	829
any relevant information gathered and compiled by the bureau under	830
division (A) of section 109.57 of the Revised Code that relates to	831
the person who is the subject of the request, including, if the	832
criminal records check was requested under section 113.041,	833
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	834
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	835
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	836
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,	837
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28,	838
5126.281, or 5153.111 of the Revised Code, any relevant	839
information contained in records that have been sealed under	840
section 2953.32 of the Revised Code;	841

(2) If the request received by the superintendent asks for	842
information from the federal bureau of investigation, the	843
superintendent shall request from the federal bureau of	844
investigation any information it has with respect to the person	845
who is the subject of the request, including fingerprint-based	846
checks of national crime information databases as described in 42	847
U.S.C. 671 if the request is made pursuant to section 2151.86,	848
5104.012, or 5104.013 of the Revised Code or if any other Revised	849
Code section requires fingerprint-based checks of that nature, and	850
shall review or cause to be reviewed any information the	851
superintendent receives from that bureau. If a request under	852
section 3319.39 of the Revised Code asks only for information from	853
the federal bureau of investigation, the superintendent shall not	854
conduct the review prescribed by division (B)(1) of this section.	855

(3) The superintendent or the superintendent's designee may	856
request criminal history records from other states or the federal	857
government pursuant to the national crime prevention and privacy	858
compact set forth in section 109.571 of the Revised Code.	859

(C)(1) The superintendent shall prescribe a form to obtain	860
the information necessary to conduct a criminal records check from	861
any person for whom a criminal records check is requested under	862
section 113.041 of the Revised Code or required by section 121.08,	863
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	864
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	865
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,	866
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	867
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	868
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	869
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	870
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	871
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	872
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	873
form that the superintendent prescribes pursuant to this division	874
may be in a tangible format, in an electronic format, or in both	875
tangible and electronic formats.	876

(2) The superintendent shall prescribe standard impression	877
sheets to obtain the fingerprint impressions of any person for	878
whom a criminal records check is requested under section 113.041	879
of the Revised Code or required by section 121.08, 173.27,	880
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	881
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	882
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,	883
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	884
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	885
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	886
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	887
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	888
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	889
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	890
person for whom a records check is requested under or required by	891
any of those sections shall obtain the fingerprint impressions at	892
a county sheriff's office, municipal police department, or any	893
other entity with the ability to make fingerprint impressions on	894
the standard impression sheets prescribed by the superintendent.	895
The office, department, or entity may charge the person a	896
reasonable fee for making the impressions. The standard impression	897
sheets the superintendent prescribes pursuant to this division may	898
be in a tangible format, in an electronic format, or in both	899
tangible and electronic formats.	900

(3) Subject to division (D) of this section, the	901
superintendent shall prescribe and charge a reasonable fee for	902
providing a criminal records check requested under section	903
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	904
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	905
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	906
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	907
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	908
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	909
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	910
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	911
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,	912
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	913
Code. The person making a criminal records request under any of	914
those sections shall pay the fee prescribed pursuant to this	915
division. A person making a request under section 3701.881 of the	916
Revised Code for a criminal records check for an applicant who may	917
be both responsible for the care, custody, or control of a child	918
and involved in providing direct care to an older adult shall pay	919
one fee for the request. In the case of a request under section	920
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	921
of the Revised Code, the fee shall be paid in the manner specified	922
in that section.	923

(4) The superintendent of the bureau of criminal	924
identification and investigation may prescribe methods of	925
forwarding fingerprint impressions and information necessary to	926
conduct a criminal records check, which methods shall include, but	927
not be limited to, an electronic method.	928

(D) A determination whether any information exists that	929
indicates that a person previously has been convicted of or	930
pleaded guilty to any offense listed or described in division	931
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	932
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	933
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)	934
of this section, or that indicates that a person previously has	935
been convicted of or pleaded guilty to any criminal offense in	936
this state or any other state regarding a criminal records check	937
of a type described in division (A)(13) of this section, and that	938
is made by the superintendent with respect to information	939
considered in a criminal records check in accordance with this	940
section is valid for the person who is the subject of the criminal	941
records check for a period of one year from the date upon which	942
the superintendent makes the determination. During the period in	943
which the determination in regard to a person is valid, if another	944
request under this section is made for a criminal records check	945
for that person, the superintendent shall provide the information	946
that is the basis for the superintendent's initial determination	947
at a lower fee than the fee prescribed for the initial criminal	948
records check.	949

(E) When the superintendent receives a request for	950
information from a registered private provider or an approved	951
nonpublic school, the superintendent shall proceed as if the	952
request was received from a school district board of education	953
under section 3319.39 of the Revised Code. The superintendent	954
shall apply division (A)(7) of this section to any such request	955
for an applicant who is a teacher.	956

(F) As used in this section:

957

(1) "Approved nonpublic school" has the same meaning as in	958
section 3310.29 of the Revised Code.	959

(2) "Criminal records check" means any criminal records check	960
conducted by the superintendent of the bureau of criminal	961
identification and investigation in accordance with division (B)	962
of this section.	963

(2)(3) "Minor drug possession offense" has the same meaning	964
as in section 2925.01 of the Revised Code.	965

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

966

(4)(5) "OVI or OVUAC violation" means a violation of section	967
4511.19 of the Revised Code or a violation of an existing or	968
former law of this state, any other state, or the United States	969
that is substantially equivalent to section 4511.19 of the Revised	970
Code.	971

(5)(6) "Registered private provider" means a nonpublic school	972
or entity registered with the superintendent of public instruction	973
under section 3310.41 of the Revised Code to participate in the	974
autism scholarship program or section 3310.58 of the Revised Code	975
to participate in the Jon Peterson special needs scholarship	976
program.	977

Sec. 3301.0714.  (A) The state board of education shall adopt	978
rules for a statewide education management information system. The	979
rules shall require the state board to establish guidelines for	980
the establishment and maintenance of the system in accordance with	981
this section and the rules adopted under this section. The	982
guidelines shall include:	983

(1) Standards identifying and defining the types of data in	984
the system in accordance with divisions (B) and (C) of this	985
section;	986

(2) Procedures for annually collecting and reporting the data	987
to the state board in accordance with division (D) of this	988
section;	989

(3) Procedures for annually compiling the data in accordance	990
with division (G) of this section;	991

(4) Procedures for annually reporting the data to the public	992
in accordance with division (H) of this section.	993

(B) The guidelines adopted under this section shall require	994
the data maintained in the education management information system	995
to include at least the following:	996

(1) Student participation and performance data, for each	997
grade in each school district as a whole and for each grade in	998
each school building in each school district, that includes:	999

(a) The numbers of students receiving each category of	1000
instructional service offered by the school district, such as	1001
regular education instruction, vocational education instruction,	1002
specialized instruction programs or enrichment instruction that is	1003
part of the educational curriculum, instruction for gifted	1004
students, instruction for students with disabilities, and remedial	1005
instruction. The guidelines shall require instructional services	1006
under this division to be divided into discrete categories if an	1007
instructional service is limited to a specific subject, a specific	1008
type of student, or both, such as regular instructional services	1009
in mathematics, remedial reading instructional services,	1010
instructional services specifically for students gifted in	1011
mathematics or some other subject area, or instructional services	1012
for students with a specific type of disability. The categories of	1013
instructional services required by the guidelines under this	1014
division shall be the same as the categories of instructional	1015
services used in determining cost units pursuant to division	1016
(C)(3) of this section.	1017

(b) The numbers of students receiving support or	1018
extracurricular services for each of the support services or	1019
extracurricular programs offered by the school district, such as	1020
counseling services, health services, and extracurricular sports	1021
and fine arts programs. The categories of services required by the	1022
guidelines under this division shall be the same as the categories	1023
of services used in determining cost units pursuant to division	1024
(C)(4)(a) of this section.	1025

(c) Average student grades in each subject in grades nine	1026
through twelve;	1027

(d) Academic achievement levels as assessed under sections	1028
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	1029

(e) The number of students designated as having a disabling	1030
condition pursuant to division (C)(1) of section 3301.0711 of the	1031
Revised Code;	1032

(f) The numbers of students reported to the state board	1033
pursuant to division (C)(2) of section 3301.0711 of the Revised	1034
Code;	1035

(g) Attendance rates and the average daily attendance for the	1036
year. For purposes of this division, a student shall be counted as	1037
present for any field trip that is approved by the school	1038
administration.	1039

(h) Expulsion rates;

1040

(i) Suspension rates;

1041

(j) Dropout rates;

1042

(k) Rates of retention in grade;

1043

(l) For pupils in grades nine through twelve, the average	1044
number of carnegie units, as calculated in accordance with state	1045
board of education rules;	1046

(m) Graduation rates, to be calculated in a manner specified	1047
by the department of education that reflects the rate at which	1048
students who were in the ninth grade three years prior to the	1049
current year complete school and that is consistent with	1050
nationally accepted reporting requirements;	1051

(n) Results of diagnostic assessments administered to	1052
kindergarten students as required under section 3301.0715 of the	1053
Revised Code to permit a comparison of the academic readiness of	1054
kindergarten students. However, no district shall be required to	1055
report to the department the results of any diagnostic assessment	1056
administered to a kindergarten student if the parent of that	1057
student requests the district not to report those results.	1058

(2) Personnel and classroom enrollment data for each school	1059
district, including:	1060

(a) The total numbers of licensed employees and nonlicensed	1061
employees and the numbers of full-time equivalent licensed	1062
employees and nonlicensed employees providing each category of	1063
instructional service, instructional support service, and	1064
administrative support service used pursuant to division (C)(3) of	1065
this section. The guidelines adopted under this section shall	1066
require these categories of data to be maintained for the school	1067
district as a whole and, wherever applicable, for each grade in	1068
the school district as a whole, for each school building as a	1069
whole, and for each grade in each school building.	1070

(b) The total number of employees and the number of full-time	1071
equivalent employees providing each category of service used	1072
pursuant to divisions (C)(4)(a) and (b) of this section, and the	1073
total numbers of licensed employees and nonlicensed employees and	1074
the numbers of full-time equivalent licensed employees and	1075
nonlicensed employees providing each category used pursuant to	1076
division (C)(4)(c) of this section. The guidelines adopted under	1077
this section shall require these categories of data to be	1078
maintained for the school district as a whole and, wherever	1079
applicable, for each grade in the school district as a whole, for	1080
each school building as a whole, and for each grade in each school	1081
building.	1082

(c) The total number of regular classroom teachers teaching	1083
classes of regular education and the average number of pupils	1084
enrolled in each such class, in each of grades kindergarten	1085
through five in the district as a whole and in each school	1086
building in the school district.	1087

(d) The number of lead teachers employed by each school	1088
district and each school building.	1089

(3)(a) Student demographic data for each school district,	1090
including information regarding the gender ratio of the school	1091
district's pupils, the racial make-up of the school district's	1092
pupils, the number of limited English proficient students in the	1093
district, and an appropriate measure of the number of the school	1094
district's pupils who reside in economically disadvantaged	1095
households. The demographic data shall be collected in a manner to	1096
allow correlation with data collected under division (B)(1) of	1097
this section. Categories for data collected pursuant to division	1098
(B)(3) of this section shall conform, where appropriate, to	1099
standard practices of agencies of the federal government.	1100

(b) With respect to each student entering kindergarten,	1101
whether the student previously participated in a public preschool	1102
program, a private preschool program, or a head start program, and	1103
the number of years the student participated in each of these	1104
programs.	1105

(4) Any data required to be collected pursuant to federal	1106
law.	1107

(C) The education management information system shall include	1108
cost accounting data for each district as a whole and for each	1109
school building in each school district. The guidelines adopted	1110
under this section shall require the cost data for each school	1111
district to be maintained in a system of mutually exclusive cost	1112
units and shall require all of the costs of each school district	1113
to be divided among the cost units. The guidelines shall require	1114
the system of mutually exclusive cost units to include at least	1115
the following:	1116

(1) Administrative costs for the school district as a whole.	1117
The guidelines shall require the cost units under this division	1118
(C)(1) to be designed so that each of them may be compiled and	1119
reported in terms of average expenditure per pupil in formula ADM	1120
in the school district, as determined pursuant to section 3317.03	1121
of the Revised Code.	1122

(2) Administrative costs for each school building in the	1123
school district. The guidelines shall require the cost units under	1124
this division (C)(2) to be designed so that each of them may be	1125
compiled and reported in terms of average expenditure per	1126
full-time equivalent pupil receiving instructional or support	1127
services in each building.	1128

(3) Instructional services costs for each category of	1129
instructional service provided directly to students and required	1130
by guidelines adopted pursuant to division (B)(1)(a) of this	1131
section. The guidelines shall require the cost units under	1132
division (C)(3) of this section to be designed so that each of	1133
them may be compiled and reported in terms of average expenditure	1134
per pupil receiving the service in the school district as a whole	1135
and average expenditure per pupil receiving the service in each	1136
building in the school district and in terms of a total cost for	1137
each category of service and, as a breakdown of the total cost, a	1138
cost for each of the following components:	1139

(a) The cost of each instructional services category required	1140
by guidelines adopted under division (B)(1)(a) of this section	1141
that is provided directly to students by a classroom teacher;	1142

(b) The cost of the instructional support services, such as	1143
services provided by a speech-language pathologist, classroom	1144
aide, multimedia aide, or librarian, provided directly to students	1145
in conjunction with each instructional services category;	1146

(c) The cost of the administrative support services related	1147
to each instructional services category, such as the cost of	1148
personnel that develop the curriculum for the instructional	1149
services category and the cost of personnel supervising or	1150
coordinating the delivery of the instructional services category.	1151

(4) Support or extracurricular services costs for each	1152
category of service directly provided to students and required by	1153
guidelines adopted pursuant to division (B)(1)(b) of this section.	1154
The guidelines shall require the cost units under division (C)(4)	1155
of this section to be designed so that each of them may be	1156
compiled and reported in terms of average expenditure per pupil	1157
receiving the service in the school district as a whole and	1158
average expenditure per pupil receiving the service in each	1159
building in the school district and in terms of a total cost for	1160
each category of service and, as a breakdown of the total cost, a	1161
cost for each of the following components:	1162

(a) The cost of each support or extracurricular services	1163
category required by guidelines adopted under division (B)(1)(b)	1164
of this section that is provided directly to students by a	1165
licensed employee, such as services provided by a guidance	1166
counselor or any services provided by a licensed employee under a	1167
supplemental contract;	1168

(b) The cost of each such services category provided directly	1169
to students by a nonlicensed employee, such as janitorial	1170
services, cafeteria services, or services of a sports trainer;	1171

(c) The cost of the administrative services related to each	1172
services category in division (C)(4)(a) or (b) of this section,	1173
such as the cost of any licensed or nonlicensed employees that	1174
develop, supervise, coordinate, or otherwise are involved in	1175
administering or aiding the delivery of each services category.	1176

(D)(1) The guidelines adopted under this section shall	1177
require school districts to collect information about individual	1178
students, staff members, or both in connection with any data	1179
required by division (B) or (C) of this section or other reporting	1180
requirements established in the Revised Code. The guidelines may	1181
also require school districts to report information about	1182
individual staff members in connection with any data required by	1183
division (B) or (C) of this section or other reporting	1184
requirements established in the Revised Code. The guidelines shall	1185
not authorize school districts to request social security numbers	1186
of individual students. The guidelines shall prohibit the	1187
reporting under this section of a student's name, address, and	1188
social security number to the state board of education or the	1189
department of education. The guidelines shall also prohibit the	1190
reporting under this section of any personally identifiable	1191
information about any student, except for the purpose of assigning	1192
the data verification code required by division (D)(2) of this	1193
section, to any other person unless such person is employed by the	1194
school district or the information technology center operated	1195
under section 3301.075 of the Revised Code and is authorized by	1196
the district or technology center to have access to such	1197
information or is employed by an entity with which the department	1198
contracts for the scoring of assessments administered under	1199
section 3301.0711 of the Revised Code. The guidelines may require	1200
school districts to provide the social security numbers of	1201
individual staff members.	1202

(2) The guidelines shall provide for each school district or	1203
community school to assign a data verification code that is unique	1204
on a statewide basis over time to each student whose initial Ohio	1205
enrollment is in that district or school and to report all	1206
required individual student data for that student utilizing such	1207
code. The guidelines shall also provide for assigning data	1208
verification codes to all students enrolled in districts or	1209
community schools on the effective date of the guidelines	1210
established under this section.	1211

Individual student data shall be reported to the department	1212
through the information technology centers utilizing the code but,	1213
except as provided in sections 3310.11, 3310.31, 3310.42, 3310.63,	1214
3313.978, 3310.63, and 3317.20 of the Revised Code, at no time	1215
shall the state board or the department have access to information	1216
that would enable any data verification code to be matched to	1217
personally identifiable student data.	1218

Each school district shall ensure that the data verification	1219
code is included in the student's records reported to any	1220
subsequent school district, community school, or state institution	1221
of higher education, as defined in section 3345.011 of the Revised	1222
Code, in which the student enrolls. Any such subsequent district	1223
or school shall utilize the same identifier in its reporting of	1224
data under this section.	1225

The director of health shall request and receive, pursuant to	1226
sections 3301.0723 and 3701.62 of the Revised Code, a data	1227
verification code for a child who is receiving services under	1228
division (A)(2) of section 3701.61 of the Revised Code.	1229

(E) The guidelines adopted under this section may require	1230
school districts to collect and report data, information, or	1231
reports other than that described in divisions (A), (B), and (C)	1232
of this section for the purpose of complying with other reporting	1233
requirements established in the Revised Code. The other data,	1234
information, or reports may be maintained in the education	1235
management information system but are not required to be compiled	1236
as part of the profile formats required under division (G) of this	1237
section or the annual statewide report required under division (H)	1238
of this section.	1239

(F) Beginning with the school year that begins July 1, 1991,	1240
the board of education of each school district shall annually	1241
collect and report to the state board, in accordance with the	1242
guidelines established by the board, the data required pursuant to	1243
this section. A school district may collect and report these data	1244
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	1245

(G) The state board shall, in accordance with the procedures	1246
it adopts, annually compile the data reported by each school	1247
district pursuant to division (D) of this section. The state board	1248
shall design formats for profiling each school district as a whole	1249
and each school building within each district and shall compile	1250
the data in accordance with these formats. These profile formats	1251
shall:	1252

(1) Include all of the data gathered under this section in a	1253
manner that facilitates comparison among school districts and	1254
among school buildings within each school district;	1255

(2) Present the data on academic achievement levels as	1256
assessed by the testing of student achievement maintained pursuant	1257
to division (B)(1)(d) of this section.	1258

(H)(1) The state board shall, in accordance with the	1259
procedures it adopts, annually prepare a statewide report for all	1260
school districts and the general public that includes the profile	1261
of each of the school districts developed pursuant to division (G)	1262
of this section. Copies of the report shall be sent to each school	1263
district.	1264

(2) The state board shall, in accordance with the procedures	1265
it adopts, annually prepare an individual report for each school	1266
district and the general public that includes the profiles of each	1267
of the school buildings in that school district developed pursuant	1268
to division (G) of this section. Copies of the report shall be	1269
sent to the superintendent of the district and to each member of	1270
the district board of education.	1271

(3) Copies of the reports received from the state board under	1272
divisions (H)(1) and (2) of this section shall be made available	1273
to the general public at each school district's offices. Each	1274
district board of education shall make copies of each report	1275
available to any person upon request and payment of a reasonable	1276
fee for the cost of reproducing the report. The board shall	1277
annually publish in a newspaper of general circulation in the	1278
school district, at least twice during the two weeks prior to the	1279
week in which the reports will first be available, a notice	1280
containing the address where the reports are available and the	1281
date on which the reports will be available.	1282

(I) Any data that is collected or maintained pursuant to this	1283
section and that identifies an individual pupil is not a public	1284
record for the purposes of section 149.43 of the Revised Code.	1285

(J) As used in this section:

1286

(1) "School district" means any city, local, exempted	1287
village, or joint vocational school district and, in accordance	1288
with section 3314.17 of the Revised Code, any community school. As	1289
used in division (L) of this section, "school district" also	1290
includes any educational service center or other educational	1291
entity required to submit data using the system established under	1292
this section.	1293

(2) "Cost" means any expenditure for operating expenses made	1294
by a school district excluding any expenditures for debt	1295
retirement except for payments made to any commercial lending	1296
institution for any loan approved pursuant to section 3313.483 of	1297
the Revised Code.	1298

(K) Any person who removes data from the information system	1299
established under this section for the purpose of releasing it to	1300
any person not entitled under law to have access to such	1301
information is subject to section 2913.42 of the Revised Code	1302
prohibiting tampering with data.	1303

(L)(1) In accordance with division (L)(2) of this section and	1304
the rules adopted under division (L)(10) of this section, the	1305
department of education may sanction any school district that	1306
reports incomplete or inaccurate data, reports data that does not	1307
conform to data requirements and descriptions published by the	1308
department, fails to report data in a timely manner, or otherwise	1309
does not make a good faith effort to report data as required by	1310
this section.	1311

(2) If the department decides to sanction a school district	1312
under this division, the department shall take the following	1313
sequential actions:	1314

(a) Notify the district in writing that the department has	1315
determined that data has not been reported as required under this	1316
section and require the district to review its data submission and	1317
submit corrected data by a deadline established by the department.	1318
The department also may require the district to develop a	1319
corrective action plan, which shall include provisions for the	1320
district to provide mandatory staff training on data reporting	1321
procedures.	1322

(b) Withhold up to ten per cent of the total amount of state	1323
funds due to the district for the current fiscal year and, if not	1324
previously required under division (L)(2)(a) of this section,	1325
require the district to develop a corrective action plan in	1326
accordance with that division;	1327

(c) Withhold an additional amount of up to twenty per cent of	1328
the total amount of state funds due to the district for the	1329
current fiscal year;	1330

(d) Direct department staff or an outside entity to	1331
investigate the district's data reporting practices and make	1332
recommendations for subsequent actions. The recommendations may	1333
include one or more of the following actions:	1334

(i) Arrange for an audit of the district's data reporting	1335
practices by department staff or an outside entity;	1336

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

1337

(iii) Withhold an additional amount of up to thirty per cent	1338
of the total amount of state funds due to the district for the	1339
current fiscal year;	1340

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

1341

(v) Assign department staff to supervise the district's data	1342
management system;	1343

(vi) Conduct an investigation to determine whether to suspend	1344
or revoke the license of any district employee in accordance with	1345
division (N) of this section;	1346

(vii) If the district is issued a report card under section	1347
3302.03 of the Revised Code, indicate on the report card that the	1348
district has been sanctioned for failing to report data as	1349
required by this section;	1350

(viii) If the district is issued a report card under section	1351
3302.03 of the Revised Code and incomplete or inaccurate data	1352
submitted by the district likely caused the district to receive a	1353
higher performance rating than it deserved under that section,	1354
issue a revised report card for the district;	1355

(ix) Any other action designed to correct the district's data	1356
reporting problems.	1357

(3) Any time the department takes an action against a school	1358
district under division (L)(2) of this section, the department	1359
shall make a report of the circumstances that prompted the action.	1360
The department shall send a copy of the report to the district	1361
superintendent or chief administrator and maintain a copy of the	1362
report in its files.	1363

(4) If any action taken under division (L)(2) of this section	1364
resolves a school district's data reporting problems to the	1365
department's satisfaction, the department shall not take any	1366
further actions described by that division. If the department	1367
withheld funds from the district under that division, the	1368
department may release those funds to the district, except that if	1369
the department withheld funding under division (L)(2)(c) of this	1370
section, the department shall not release the funds withheld under	1371
division (L)(2)(b) of this section and, if the department withheld	1372
funding under division (L)(2)(d) of this section, the department	1373
shall not release the funds withheld under division (L)(2)(b) or	1374
(c) of this section.	1375

(5) Notwithstanding anything in this section to the contrary,	1376
the department may use its own staff or an outside entity to	1377
conduct an audit of a school district's data reporting practices	1378
any time the department has reason to believe the district has not	1379
made a good faith effort to report data as required by this	1380
section. If any audit conducted by an outside entity under	1381
division (L)(2)(d)(i) or (5) of this section confirms that a	1382
district has not made a good faith effort to report data as	1383
required by this section, the district shall reimburse the	1384
department for the full cost of the audit. The department may	1385
withhold state funds due to the district for this purpose.	1386

(6) Prior to issuing a revised report card for a school	1387
district under division (L)(2)(d)(viii) of this section, the	1388
department may hold a hearing to provide the district with an	1389
opportunity to demonstrate that it made a good faith effort to	1390
report data as required by this section. The hearing shall be	1391
conducted by a referee appointed by the department. Based on the	1392
information provided in the hearing, the referee shall recommend	1393
whether the department should issue a revised report card for the	1394
district. If the referee affirms the department's contention that	1395
the district did not make a good faith effort to report data as	1396
required by this section, the district shall bear the full cost of	1397
conducting the hearing and of issuing any revised report card.	1398

(7) If the department determines that any inaccurate data	1399
reported under this section caused a school district to receive	1400
excess state funds in any fiscal year, the district shall	1401
reimburse the department an amount equal to the excess funds, in	1402
accordance with a payment schedule determined by the department.	1403
The department may withhold state funds due to the district for	1404
this purpose.	1405

(8) Any school district that has funds withheld under	1406
division (L)(2) of this section may appeal the withholding in	1407
accordance with Chapter 119. of the Revised Code.	1408

(9) In all cases of a disagreement between the department and	1409
a school district regarding the appropriateness of an action taken	1410
under division (L)(2) of this section, the burden of proof shall	1411
be on the district to demonstrate that it made a good faith effort	1412
to report data as required by this section.	1413

(10) The state board of education shall adopt rules under	1414
Chapter 119. of the Revised Code to implement division (L) of this	1415
section.	1416

(M) No information technology center or school district shall	1417
acquire, change, or update its student administration software	1418
package to manage and report data required to be reported to the	1419
department unless it converts to a student software package that	1420
is certified by the department.	1421

(N) The state board of education, in accordance with sections	1422
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1423
license as defined under division (A) of section 3319.31 of the	1424
Revised Code that has been issued to any school district employee	1425
found to have willfully reported erroneous, inaccurate, or	1426
incomplete data to the education management information system.	1427

(O) No person shall release or maintain any information about	1428
any student in violation of this section. Whoever violates this	1429
division is guilty of a misdemeanor of the fourth degree.	1430

(P) The department shall disaggregate the data collected	1431
under division (B)(1)(n) of this section according to the race and	1432
socioeconomic status of the students assessed. No data collected	1433
under that division shall be included on the report cards required	1434
by section 3302.03 of the Revised Code.	1435

(Q) If the department cannot compile any of the information	1436
required by division (C)(5) of section 3302.03 of the Revised Code	1437
based upon the data collected under this section, the department	1438
shall develop a plan and a reasonable timeline for the collection	1439
of any data necessary to comply with that division.	1440

Sec. 3310.02. (A) The educational choice scholarship pilot	1441
program is hereby established. Under the program, the department	1442
of education annually shall pay scholarships to attend chartered	1443
nonpublic schools in accordance with section 3310.08 of the	1444
Revised Code for up to the following number of eligible students,	1445
unless division (B) of this section applies:	1446

(1) Thirty thousand in the 2011-2012 school year;

1447

(2) Sixty thousand in the 2012-2013 school year and	1448
thereafter.	1449

(B) For any school year for which the number of applications	1450
for scholarships timely submitted on behalf of eligible students	1451
exceeds ninety per cent of the maximum number of scholarships	1452
permitted, the department shall increase the maximum number of	1453
scholarships permitted for that school year by twenty-five per	1454
cent. The department shall make the increased number of	1455
scholarships available for each subsequent school year until the	1456
department is again required to increase the number of	1457
scholarships under this division.	1458

(C) If the number of students who apply for a scholarship	1459
exceeds the number of scholarships available under division	1460
divisions (A) and (B) of this section for the applicable school	1461
year, the department shall award scholarships in the following	1462
order of priority:	1463

(1) First, to eligible students who received scholarships in	1464
the prior school year;	1465

(2) Second, to eligible students with family incomes at or	1466
below two hundred per cent of the federal poverty guidelines, as	1467
defined in section 5101.46 of the Revised Code, who qualify under	1468
division (A) of section 3310.03 of the Revised Code. If the number	1469
of students described in division (B)(C)(2) of this section who	1470
apply for a scholarship exceeds the number of available	1471
scholarships after awards are made under division (B)(C)(1) of	1472
this section, the department shall select students described in	1473
division (B)(C)(2) of this section by lot to receive any remaining	1474
scholarships.	1475

(3) Third, to other eligible students who qualify under	1476
division (A) of section 3310.03 of the Revised Code. If the number	1477
of students described in division (B)(C)(3) of this section who	1478
apply for a scholarship exceeds the number of available	1479
scholarships after awards are made under divisions (B)(C)(1) and	1480
(2) of this section, the department shall select students	1481
described in division (B)(C)(3) of this section by lot to receive	1482
any remaining scholarships.	1483

(4) Fourth, to eligible students with family incomes at or	1484
below two hundred per cent of the federal poverty guidelines who	1485
qualify under division (B) of section 3310.03 of the Revised Code.	1486
If the number of students described in division (B)(C)(4) of this	1487
section who apply for a scholarship exceeds the number of	1488
available scholarships after awards are made under divisions	1489
(B)(C)(1) to (3) of this section, the department shall select	1490
students described in division (B)(C)(4) of this section by lot to	1491
receive any remaining scholarships.	1492

(5) Fifth, to other eligible students who qualify under	1493
division (B) of section 3310.03 of the Revised Code. If the number	1494
of students described in division (B)(C)(5) of this section who	1495
apply for a scholarship exceeds the number of available	1496
scholarships after awards are made under divisions (B)(C)(1) to	1497
(4) of this section, the department shall select students	1498
described in division (B)(C)(5) of this section by lot to receive	1499
any remaining scholarships.	1500

Sec. 3310.03.  A student is an "eligible student" for	1501
purposes of the educational choice scholarship pilot program if	1502
the student's resident district is not a school district in which	1503
the pilot project scholarship program is operating under sections	1504
3313.974 to 3313.979 of the Revised Code and the student satisfies	1505
one of the conditions in division (A) or (B) of this section:	1506

(A)(1) The student is enrolled in a school building that is	1507
operated by the student's resident district and to which both of	1508
the following apply:	1509

(a) The building was declared, in at least two of the three	1510
most recent ratings of school buildings published prior to the	1511
first day of July of the school year for which a scholarship is	1512
sought, to be in a state of academic emergency or academic watch	1513
under section 3302.03 of the Revised Code;	1514

(b) The building was not declared to be excellent or	1515
effective under that section in the most recent rating published	1516
prior to the first day of July of the school year for which a	1517
scholarship is sought.	1518

(2) The student is eligible to enroll in kindergarten in the	1519
school year for which a scholarship is sought and otherwise would	1520
be assigned under section 3319.01 of the Revised Code to a school	1521
building described in division (A)(1) of this section.	1522

(3) The student is enrolled in a community school established	1523
under Chapter 3314. of the Revised Code but otherwise would be	1524
assigned under section 3319.01 of the Revised Code to a building	1525
described in division (A)(1) of this section.	1526

(4) The student is enrolled in a school building that is	1527
operated by the student's resident district or in a community	1528
school established under Chapter 3314. of the Revised Code and	1529
otherwise would be assigned under section 3319.01 of the Revised	1530
Code to a school building described in division (A)(1) of this	1531
section in the school year for which the scholarship is sought.	1532

(5) The student is eligible to enroll in kindergarten in the	1533
school year for which a scholarship is sought, or is enrolled in a	1534
community school established under Chapter 3314. of the Revised	1535
Code, and all of the following apply to the student's resident	1536
district:	1537

(a) The district has in force an intradistrict open	1538
enrollment policy under which no student in kindergarten or the	1539
community school student's grade level, respectively, is	1540
automatically assigned to a particular school building;	1541

(b) In at least two of the three most recent ratings of	1542
school districts published prior to the first day of July of the	1543
school year for which a scholarship is sought, the district was	1544
declared to be in a state of academic emergency under section	1545
3302.03 of the Revised Code;	1546

(c) The district was not declared to be excellent or	1547
effective under that section in the most recent rating published	1548
prior to the first day of July of the school year for which a	1549
scholarship is sought.	1550

(6) The student received a scholarship under sections	1551
3313.974 to 3313.979 of the Revised Code in the 2010-2011 school	1552
year and otherwise would be assigned under section 3319.01 of the	1553
Revised Code in a district in which that program is operating to a	1554
school building described in division (A)(1) of this section.	1555

(B)(1) The student is enrolled in a school building that is	1556
operated by the student's resident district and to which both of	1557
the following apply:	1558

(a) The building was ranked, for at least two of the three	1559
most recent rankings published under section 3302.21 of the	1560
Revised Code prior to the first day of July of the school year for	1561
which a scholarship is sought, in the lowest ten per cent of all	1562
public school buildings according to performance index score under	1563
section 3302.21 of the Revised Code.	1564

(b) The building was not declared to be excellent or	1565
effective under section 3302.03 of the Revised Code in the most	1566
recent rating published prior to the first day of July of the	1567
school year for which a scholarship is sought.	1568

(2) The student is eligible to enroll in kindergarten in the	1569
school year for which a scholarship is sought and otherwise would	1570
be assigned under section 3319.01 of the Revised Code to a school	1571
building described in division (B)(1) of this section.	1572

(3) The student is enrolled in a community school established	1573
under Chapter 3314. of the Revised Code but otherwise would be	1574
assigned under section 3319.01 of the Revised Code to a building	1575
described in division (B)(1) of this section.	1576

(4) The student is enrolled in a school building that is	1577
operated by the student's resident district or in a community	1578
school established under Chapter 3314. of the Revised Code and	1579
otherwise would be assigned under section 3319.01 of the Revised	1580
Code to a school building described in division (B)(1) of this	1581
section in the school year for which the scholarship is sought.	1582

(5) The student received a scholarship under sections	1583
3313.974 to 3313.979 of the Revised Code in the 2010-2011 school	1584
year and otherwise would be assigned under section 3319.01 of the	1585
Revised Code in a district in which that program is operating to a	1586
school building described in division (B)(1) of this section.	1587

(C) No student shall receive a scholarship under the	1588
educational choice scholarship pilot program, under sections	1589
3310.01 to 3310.17 of the Revised Code, and the pilot project	1590
scholarship program, under sections 3313.974 to 3313.979 of the	1591
Revised Code, for the same school year.	1592

(D) A student who receives a scholarship under the	1593
educational choice scholarship pilot program remains an eligible	1594
student and may continue to receive scholarships in subsequent	1595
school years until the student completes grade twelve, so long as	1596
all of the following apply:	1597

(1) The student's resident district remains the same, or the	1598
student transfers to a new resident district and otherwise would	1599
be assigned in the new resident district to a school building	1600
described in division (A)(1) or (B)(1) of this section;	1601

(2) The student takes each assessment prescribed for the	1602
student's grade level under section 3301.0710 or 3301.0712 of the	1603
Revised Code while enrolled in a chartered nonpublic school;	1604

(3) In each school year that the student is enrolled in a	1605
chartered nonpublic school, the student is absent from school for	1606
not more than twenty days that the school is open for instruction,	1607
not including excused absences.	1608

(D)(E)(1) The department shall cease awarding first-time	1609
scholarships pursuant to divisions (A)(1) to (4) and (6) of this	1610
section with respect to a school building that, in the most recent	1611
ratings of school buildings published under section 3302.03 of the	1612
Revised Code prior to the first day of July of the school year,	1613
ceases to meet the criteria in division (A)(1) of this section.	1614
The department shall cease awarding first-time scholarships	1615
pursuant to division (A)(5) of this section with respect to a	1616
school district that, in the most recent ratings of school	1617
districts published under section 3302.03 of the Revised Code	1618
prior to the first day of July of the school year, ceases to meet	1619
the criteria in division (A)(5) of this section.	1620

(2) The department shall cease awarding first-time	1621
scholarships pursuant to divisions (B)(1) to (4)(5) of this	1622
section with respect to a school building that, in the most recent	1623
ratings of school buildings under section 3302.03 of the Revised	1624
Code prior to the first day of July of the school year, ceases to	1625
meet the criteria in division (B)(1) of this section.	1626

(3) However, students who have received scholarships in the	1627
prior school year remain eligible students pursuant to division	1628
(C)(D) of this section.	1629

(E)(F) The state board of education shall adopt rules	1630
defining excused absences for purposes of division (C)(D)(3) of	1631
this section.	1632

Sec. 3310.06.  It is the policy adopted by the general	1633
assembly that the educational choice scholarship pilot program	1634
shall be construed as one of several educational options available	1635
for students enrolled in academic emergency or academic watch	1636
school buildings. Students may be enrolled in the schools of the	1637
student's resident district, in a community school established	1638
under Chapter 3314. of the Revised Code, in the schools of another	1639
school district pursuant to an open enrollment policy adopted	1640
under section 3313.98 of the Revised Code, in a chartered	1641
nonpublic school with or without a scholarship under the	1642
educational choice scholarship pilot program or the PACT	1643
scholarship program, or in other schools as the law may provide.	1644

Sec. 3310.21.  As used in sections 3310.21 to 3310.38 of the	1645
Revised Code:	1646

(A) "Chartered nonpublic school" means a nonpublic school	1647
that holds a valid charter issued by the state board of education	1648
under section 3301.16 of the Revised Code and meets the standards	1649
established for such schools in rules adopted by the state board.	1650

(B) "College" has the same meaning as in section 3365.01 of	1651
the Revised Code.	1652

(C) "Community school" means a community school established	1653
under Chapter 3314. of the Revised Code.	1654

(D) An "eligible nonpublic school" is a school that is	1655
designated as an eligible nonpublic school in accordance with	1656
division (A) of section 3310.29 of the Revised Code.	1657

(E) An "eligible student" is a student who satisfies the	1658
conditions specified in section 3310.23 of the Revised Code.	1659

(F) "Entitled to attend school" means entitled to attend	1660
school in a school district under section 3313.64 or 3313.65 of	1661
the Revised Code.	1662

(G) "Formula amount" has the same meaning as in section	1663
3317.02 of the Revised Code.	1664

(H) "Income standard for a reduced-price lunch" means the	1665
income standard to qualify for a reduced-price lunch under the	1666
"National School Lunch Act," 42 U.S.C. 1751, et seq., as amended,	1667
and the "Child Nutrition Act of 1966," 42 U.S.C. 1771, et seq., as	1668
amended.	1669

(I) "PACT" is an acronym for "parental choice and taxpayer	1670
savings." "PACT scholarship" means a scholarship under the	1671
parental choice and taxpayer savings scholarship program	1672
established under sections 3310.21 to 3310.38 of the Revised Code,	1673
which program may be referred to as the "PACT scholarship	1674
program."	1675

(J) "Parent" has the same meaning as in section 3313.98 of	1676
the Revised Code.	1677

(K) "Resident district" means the school district in which a	1678
student is entitled to attend school.	1679

(L) "School year" has the same meaning as in section 3313.62	1680
of the Revised Code.	1681

(M) "State education aid" has the same meaning as in section	1682
5751.20 of the Revised Code.	1683

(N) "STEM school" means a science, technology, engineering,	1684
and mathematics school established under Chapter 3326. of the	1685
Revised Code.	1686

Sec. 3310.22. (A) The parental choice and taxpayer savings	1687
scholarship program is hereby established. Under the program,	1688
beginning with the 2012-2013 school year and subject to divisions	1689
(B), (C), and (D) of this section, the department of education	1690
annually shall award a scholarship in the amount prescribed by	1691
section 3310.25 of the Revised Code, upon application, to each	1692
eligible student. The scholarship shall be used to pay all or part	1693
of the cost of tuition and fees for the student to attend an	1694
eligible nonpublic school, and any remainder of the scholarship	1695
amount shall be credited to an education savings account for the	1696
student. The student may use the moneys credited to the education	1697
savings account for the purposes prescribed by division (B) of	1698
section 3310.30 of the Revised Code.	1699

No student for whom a scholarship is awarded under sections	1700
3310.01 to 3310.17, 3310.41, 3310.51 to 3310.64, or 3313.974 to	1701
3313.979 of the Revised Code shall be awarded a scholarship for	1702
the same school year under this section.	1703

(B) The number of PACT scholarships that may be awarded for	1704
any school year shall not exceed the difference of the maximum	1705
number of educational choice scholarships that may be awarded	1706
under section 3310.02 of the Revised Code, minus the total number	1707
of educational choice scholarships actually awarded for that	1708
school year.	1709

(C) If the number of applicants for PACT scholarships for any	1710
school year exceeds the number available as prescribed by division	1711
(B) of this section, the department shall award PACT scholarships	1712
in the following order of priority:	1713

(1) First, to eligible students who received PACT	1714
scholarships in the prior school year. If the number of such	1715
eligible students who apply for a scholarship exceeds the number	1716
of available scholarships as prescribed by division (B) of this	1717
section, the department shall award scholarships to all such	1718
eligible students, notwithstanding the limit of that division.	1719

(2) Second, to eligible students who attended a school of a	1720
school district, a community school, or a STEM school in the	1721
school year prior to the school year for which a scholarship is	1722
sought. If the number of students described in division (C)(2) of	1723
this section who apply for a scholarship exceeds the number of	1724
available scholarships after awards are made under division (C)(1)	1725
of this section, the department shall select students described in	1726
division (C)(2) of this section by lot to receive any remaining	1727
scholarships.	1728

(3) Third, to eligible students who qualify under division	1729
(A)(2) of section 3310.23 of the Revised Code. If the number of	1730
students described in division (C)(3) of this section who apply	1731
for a scholarship exceeds the number of available scholarships	1732
after awards are made under divisions (C)(1) and (2) of this	1733
section, the department shall select students described in	1734
division (C)(3) of this section by lot to receive any remaining	1735
scholarships.	1736

(4) Fourth, to all other eligible students. If the number of	1737
students described in division (C)(4) of this section who apply	1738
for a scholarship exceeds the number of available scholarships	1739
after awards are made under divisions (C)(1) to (3) of this	1740
section, the department shall select students described in	1741
division (C)(4) of this section by lot to receive any remaining	1742
scholarships.	1743

(D) Notwithstanding anything to the contrary in this section,	1744
at no time shall the department award more scholarships to	1745
students from a single resident district than can be financed in	1746
the aggregate by the amount of that district's state education	1747
aid.	1748

Sec. 3310.23.  (A)(1) Subject to the phase-in provisions of	1749
division (B) of this section, to be eligible for a PACT	1750
scholarship, a student must be entitled to attend school in a	1751
school district and the student's family annual income for the	1752
preceding tax year as measured by the family's federal adjusted	1753
gross income, as defined by the Internal Revenue Code, must not	1754
exceed an amount equal to the lesser of the following:	1755

(a) 2.5 times the income standard for a reduced-price lunch;

1756

(b) Ninety-five thousand dollars.

1757

(2) A student who received a scholarship under either of the	1758
following programs for the previous school year, and whose family	1759
meets the income requirement prescribed by division (A)(1) of this	1760
section, may receive a PACT scholarship in lieu of continued	1761
participation in the other scholarship program:	1762

(a) The pilot project scholarship program under sections	1763
3313.974 to 3313.979 of the Revised Code;	1764

(b) The educational choice scholarship pilot program under	1765
sections 3310.01 to 3310.17 of the Revised Code.	1766

(B) Unless the student qualifies for a PACT scholarship under	1767
division (A)(2) of this section or received a PACT scholarship in	1768
the prior school year, a student who attended a nonpublic school	1769
in Ohio during the school year immediately prior to the first	1770
school year for which the PACT scholarship is sought for the	1771
student, and whose family meets the income requirement prescribed	1772
by division (A)(1) of this section, shall be eligible for the	1773
scholarship only as follows:	1774

(1) For a scholarship for the 2012-2013 school year, the	1775
student is applying for a scholarship to enter kindergarten.	1776

(2) For a scholarship for the 2013-2014 school year, the	1777
student is applying for a scholarship to enroll in any grade from	1778
kindergarten to four.	1779

(3) For a scholarship for the 2014-2015 school year, the	1780
student is applying for a scholarship to enroll in any grade from	1781
kindergarten to eight.	1782

(4) For a scholarship for the 2015-2016 school year and each	1783
school year thereafter, the student is applying for a scholarship	1784
to enroll in any grade between kindergarten to twelve.	1785

A student who did not attend a nonpublic school in Ohio	1786
during the school year immediately prior to the first school year	1787
for which the scholarship is sought for the student shall be	1788
eligible for a scholarship for any school year to enroll in any	1789
grade from kindergarten to twelve.	1790

(C) A student who receives a scholarship under the PACT	1791
scholarship program remains an eligible student and may continue	1792
to receive scholarships in subsequent school years until the	1793
student completes the high school curriculum of an eligible	1794
nonpublic school, so long as all of the following apply:	1795

(1) The student is entitled to attend school in a school	1796
district.	1797

(2) The student's family continues to meet the income	1798
requirement prescribed by division (A)(1) of this section.	1799

(3) The student takes each assessment prescribed for the	1800
student's grade level under section 3301.0710 or 3301.0712 of the	1801
Revised Code while enrolled in an eligible nonpublic school.	1802

(4) In each school year that the student is enrolled in an	1803
eligible nonpublic school, the student is absent from school for	1804
not more than twenty days that the school is open for instruction,	1805
not including excused absences.	1806

(D) A student who has received a PACT scholarship, but no	1807
longer meets the requirements to be an eligible student under	1808
division (C) of this section, may continue to use the accumulated	1809
moneys credited to the student's education savings account in	1810
accordance with section 3310.30 of the Revised Code.	1811

(E) The state board of education shall adopt rules defining	1812
excused absences for purposes of division (C)(4) of this section.	1813

Sec. 3310.24.  Any eligible student who is enrolled in an	1814
eligible nonpublic school and for whom a PACT scholarship has been	1815
awarded shall be entitled to transportation to and from the	1816
nonpublic school by the student's resident district in the manner	1817
prescribed in section 3327.01 of the Revised Code.	1818

Sec. 3310.25.  The scholarship amount awarded to an eligible	1819
student under the PACT scholarship program shall be based on the	1820
student's family annual income for the preceding tax year as	1821
measured by the family's federal adjusted gross income, as defined	1822
by the Internal Revenue Code. The scholarship amount shall be as	1823
follows:	1824

(A) For a student whose family annual income is less than or	1825
equal to 1.5 times the income standard for a reduced-price lunch,	1826
an amount equal to eighty per cent of the sum of the formula	1827
amount plus the per pupil amount of the base funding supplements	1828
specified in divisions (C)(1) to (4) of section 3317.012 of the	1829
Revised Code for fiscal year 2009;	1830

(B) For a student whose family annual income is greater than	1831
1.5 times but less than or equal to 2 times the income standard	1832
for a reduced-price lunch, an amount equal to sixty per cent of	1833
the sum of the formula amount plus the per pupil amount of the	1834
base funding supplements specified in divisions (C)(1) to (4) of	1835
section 3317.012 of the Revised Code for fiscal year 2009;	1836

(C) For a student whose family annual income is greater than	1837
2 times but less than or equal to 2.5 times the income standard	1838
for a reduced-price lunch, an amount equal to forty per cent of	1839
the sum of the formula amount plus the per pupil amount of the	1840
base funding supplements specified in divisions (C)(1) to (4) of	1841
section 3317.012 of the Revised Code for fiscal year 2009.	1842

However, at no time shall a scholarship be awarded in any	1843
amount to a student whose family annual income for the preceding	1844
tax year exceeds ninety-five thousand dollars, regardless of	1845
family size.	1846

Sec. 3310.26.  It is the policy adopted by the general	1847
assembly that the PACT scholarship program shall be construed as	1848
one of several educational options available for eligible Ohio	1849
students. Students may be enrolled in the schools of the student's	1850
resident district, in a community school, in the schools of	1851
another school district pursuant to an open enrollment policy	1852
adopted under section 3313.98 of the Revised Code, in an	1853
alternative school under the Cleveland scholarship and tutoring	1854
program, in a nonpublic school with or without a scholarship under	1855
the educational choice scholarship pilot program or the PACT	1856
scholarship program, or in other schools as the law may provide.	1857

Sec. 3310.27. Any parent, or any student who is at least	1858
eighteen years of age, who is seeking a scholarship under the PACT	1859
scholarship program shall notify the department of education of	1860
the student's and parent's names and address, the eligible	1861
nonpublic school in which the student has been accepted for	1862
enrollment, and the tuition and fees charged by the school.	1863

Sec. 3310.28. (A) Except for an excess amount credited to the	1864
student's education savings account, if applicable, the department	1865
of education shall pay the amount of each scholarship awarded	1866
under the PACT scholarship program on a periodic basis determined	1867
by the department to the eligible student's parent or to the	1868
student, if at least eighteen years of age. If the scholarship	1869
amount exceeds the amount of tuition and fees charged by the	1870
eligible nonpublic school the student attends with the	1871
scholarship, as reported under section 3310.27 of the Revised	1872
Code, the department shall pay the excess amount into an education	1873
savings account established for the student under section 3310.30	1874
of the Revised Code. Payments credited to the student's education	1875
savings account shall be made at the end of the school year for	1876
which the scholarship is awarded, and only if the student is	1877
enrolled in an eligible nonpublic school using the scholarship at	1878
the end of the school year.	1879

(B) The department shall proportionately reduce or terminate	1880
the payments for any student who, prior to the end of the school	1881
year, withdraws from an eligible nonpublic school and does not	1882
reenroll in another eligible nonpublic school using the	1883
scholarship.	1884

(C)(1) The department shall deduct from the state education	1885
aid payments made to each school district for each eligible	1886
student awarded a PACT scholarship who is entitled to attend	1887
school in the district an amount equal to the sum of the formula	1888
amount plus the per pupil amount of the base funding supplements	1889
specified in divisions (C)(1) to (4) of section 3317.012 of the	1890
Revised Code for fiscal year 2009.	1891

The difference between each student's scholarship amount and	1892
the amount deducted under this division shall be retained by the	1893
state, except as provided in division (C)(2) of this section.	1894

However, at no time shall the aggregate amount deducted from	1895
a school district under this division exceed the amount of the	1896
district's state education aid.	1897

(2) If the department reduces or terminates payments to a	1898
parent or a student, as prescribed in division (B) of this	1899
section, and the student enrolls in the schools of the student's	1900
resident district, in a community school, or in a STEM school,	1901
before the end of the school year, the department shall	1902
proportionately restore to the resident district the amount	1903
deducted for that student under division (C)(1) of this section.	1904

(D) In the case of any school district from which a deduction	1905
is made under division (C) of this section, the department shall	1906
disclose on the district's SF-3 form, PASS form, or any successor	1907
to those forms used to calculate a district's state funding for	1908
operating expenses, the following:	1909

[(The district's amount per pupil of state funds + the amount of	1910
the district's tax revenue per pupil) X the number of eligible	1911
students entitled to attend school in the district who are awarded	1912
a PACT scholarship] - the amount deducted from the district's	1913
account under division (C) of this section	1914

Where:

1915

(1) "Amount per pupil of state funds" means the district's	1916
state education aid divided by its formula ADM.	1917

(2) "Tax revenue per pupil" means the amount computed for the	1918
district under division (A) of section 3317.08 of the Revised	1919
Code.	1920

(3) "Formula ADM" has the same meaning as in section 3317.02	1921
of the Revised Code.	1922

The amount shown on the form as prescribed by this division	1923
is the total amount of state and district funds generated by the	1924
district's PACT scholarship students less the total amount	1925
deducted for those students.	1926

Sec. 3310.29.  (A) A nonpublic school shall not receive	1927
payments from a parent or student who is paid a scholarship under	1928
the PACT scholarship program unless it is designated an eligible	1929
nonpublic school, by satisfying one of the following conditions:	1930

(1) The school is a chartered nonpublic school that has	1931
registered with the superintendent of public instruction the	1932
school's intent to accept scholarship students under the program	1933
and its agreement to comply with the requirements of sections	1934
3310.21 to 3310.38 of the Revised Code.	1935

(2) The school is an approved nonpublic school that has	1936
registered with the state superintendent the school's intent to	1937
accept scholarship students under the program and its agreement to	1938
comply with the requirements of sections 3310.21 to 3310.38 of the	1939
Revised Code.	1940

As used in this section, an "approved nonpublic school" means	1941
a nonpublic school that meets both of the following conditions:	1942

(a) The school is in the process of becoming a chartered	1943
nonpublic school and has received a preliminary approval to	1944
operate from the state board of education within the past three	1945
years.	1946

(b) The school files with the state superintendent prior to	1947
the start of the school year one of the following:	1948

(i) A surety bond payable to the state or a letter of credit	1949
with the state as the beneficiary in an amount equal to one-half	1950
of the amount of the scholarship funds under this division	1951
expected to be received during the school year, as determined by	1952
the state superintendent;	1953

(ii) A guarantee in the amount of one million dollars from a	1954
person or organization with a net worth of at least five million	1955
dollars which shall be demonstrated to the satisfaction of the	1956
auditor of state.	1957

(B) To maintain its eligibility to participate in the	1958
program, an eligible nonpublic school annually shall do all of the	1959
following:	1960

(1) Communicate to the department of education the tuition	1961
structure for the school, including all discounts and other	1962
tuition adjustments to which a student may be entitled;	1963

(2) Present to the parent of each student awarded a	1964
scholarship under the program, or the student if at least eighteen	1965
years of age, a statement detailing the tuition and required	1966
student fees that will be subject to payment from the student's	1967
scholarship amount;	1968

(3) Administer the state achievement assessments as	1969
prescribed by section 3310.34 of the Revised Code;	1970

(4) Withdraw from the school any scholarship student as soon	1971
as a determination is made that the student will no longer attend	1972
the school. Withdrawal shall be recorded as the last date that the	1973
student attended classes.	1974

(C) An approved nonpublic school shall be subject to sections	1975
3319.39, 3319.391, and 3319.392 of the Revised Code in the same	1976
manner as a chartered nonpublic school.	1977

Sec. 3310.30.  (A) The state board of education and the	1978
treasurer of state jointly shall adopt rules, in accordance with	1979
Chapter 119. of the Revised Code, prescribing procedures for the	1980
establishment of an education savings account for each student	1981
attending an eligible nonpublic school with a scholarship under	1982
the PACT scholarship program and for whom an excess amount has	1983
been determined under section 3310.28 of the Revised Code. Once	1984
the account is established, the department of education shall	1985
transfer the excess amount, determined under section 3310.28 of	1986
the Revised Code, to the treasurer of state, who shall deposit the	1987
aggregate amount transferred into a fund or account the treasurer	1988
of state determines is suitable for the amount transferred. The	1989
moneys transferred under this section shall be in the custody of	1990
the treasurer of state, but shall not be in the state treasury.	1991
The moneys transferred shall be held in trust for the benefit of	1992
the student. The department of education shall maintain the record	1993
of each student's account.	1994

Interest accrued on moneys transferred to the treasurer of	1995
state under this section shall be credited to the parental choice	1996
and taxpayer savings scholarship program support fund established	1997
under section 3310.38 of the Revised Code.	1998

The rules shall prescribe procedures for the administration	1999
of and for the disbursement of moneys credited to each student's	2000
education savings account.	2001

(B) Moneys credited to a student's account may be disbursed	2002
to the student's parent, or the student if at least eighteen years	2003
of age, for use for any of the following:	2004

(1) Tuition and fees at an eligible nonpublic school for any	2005
future school years;	2006

(2) Textbooks required by any eligible nonpublic school or	2007
any college;	2008

(3) Tuition and fees for enrollment in a college;

2009

(4) Fees for national norm-referenced examinations, advanced	2010
placement examinations, and any examinations related to	2011
application for admission to a college.	2012

(C) The department of education shall maintain each account	2013
as long as there are moneys credited to the student in the account	2014
unless either of the following occurs:	2015

(1) The student reaches twenty-five years of age.

2016

(2) The student dies before reaching twenty-five years of	2017
age.	2018

Moneys still credited to a student's account upon the	2019
occurrence of either of the conditions described in divisions	2020
(C)(1) and (2) of this section shall be transferred to the	2021
parental choice and taxpayer savings scholarship program support	2022
fund.	2023

(D) At least annually, the treasurer of state shall report to	2024
the governor and the general assembly, in accordance with section	2025
101.68 of the Revised Code, the total amount of interest credited	2026
to the parental choice and taxpayer savings scholarship program	2027
support fund under division (A) of this section and the total	2028
amount of moneys from students' education savings accounts	2029
transferred to that fund under division (C) of this section.	2030

Sec. 3310.31.  (A) Only for the purpose of administering the	2031
PACT scholarship program, the department of education may request	2032
from any of the following entities the data verification code	2033
assigned under division (D)(2) of section 3301.0714 of the Revised	2034
Code to any student who is seeking a scholarship under the	2035
program:	2036

(1) The student's resident district;

2037

(2) If applicable, the community school in which that student	2038
is enrolled;	2039

(3) The independent contractor engaged to create and maintain	2040
student data verification codes.	2041

(B) Upon a request by the department under division (A) of	2042
this section for the data verification code of a student seeking a	2043
scholarship or a request by the student's parent for that code,	2044
the school district or community school shall submit that code to	2045
the department or parent in the manner specified by the	2046
department. If the student has not been assigned a code, because	2047
the student will be entering kindergarten during the school year	2048
for which the scholarship is sought, the district shall assign a	2049
code to that student and submit the code to the department or	2050
parent by a date specified by the department. If the district does	2051
not assign a code to the student by the specified date, the	2052
department shall assign a code to that student.	2053

The department annually shall submit to each school district	2054
the name and data verification code of each student residing in	2055
the district who is entering kindergarten, who has been awarded a	2056
scholarship under the program, and for whom the department has	2057
assigned a code under this division.	2058

(C) For the purpose of administering the applicable	2059
assessments prescribed under sections 3301.0710 and 3301.0712 of	2060
the Revised Code, as required by section 3310.34 of the Revised	2061
Code, the department shall provide to each eligible nonpublic	2062
school that enrolls a scholarship student the data verification	2063
code for that student.	2064

(D) The department and each nonpublic school that receives a	2065
data verification code under this section shall not release that	2066
code to any person except as provided by law.	2067

Any document relative to this program that the department	2068
holds in its files that contains both a student's name or other	2069
personally identifiable information and the student's data	2070
verification code shall not be a public record under section	2071
149.43 of the Revised Code.	2072

Sec. 3310.32. Except as provided in division (D) of section	2073
3310.31 of the Revised Code, documents relative to the PACT	2074
scholarship program that the department of education holds in its	2075
files are public records under section 149.43 of the Revised Code	2076
and may be released pursuant to that section subject to the	2077
provisions of section 3319.321 of the Revised Code and the "Family	2078
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	2079
U.S.C. 1232g, as amended.	2080

Sec. 3310.33.  (A) Eligible nonpublic schools under the PACT	2081
scholarship program are authorized to file scholarship	2082
applications on behalf of eligible students and their parents, if	2083
so designated in writing by the student's parent, or the student	2084
if at least eighteen years of age. In no case shall any financial	2085
charge be made to the applicant for application assistance.	2086

(B) No eligible nonpublic school shall charge an eligible	2087
student tuition and fees that exceed the cost of providing the	2088
education to the student. When determining the appropriate tuition	2089
to charge an eligible student under the program, an eligible	2090
nonpublic school shall apply any tuition discounts or rates to	2091
which the student is entitled including, but not limited to,	2092
discounts for siblings in the same school or discounts for the	2093
child of a school employee.	2094

(C) An eligible nonpublic school, pursuant to its own policy,	2095
may treat the amount of a PACT scholarship as a parental resource	2096
and consider its value before awarding any institutional financial	2097
aid.	2098

Sec. 3310.34. Notwithstanding division (K) of section	2099
3301.0711 of the Revised Code, each eligible nonpublic school that	2100
enrolls students awarded scholarships under sections 3310.21 to	2101
3310.38 of the Revised Code annually shall administer the	2102
assessments prescribed by section 3301.0710 or 3301.0712 of the	2103
Revised Code to each scholarship student enrolled in the school in	2104
accordance with section 3301.0711 of the Revised Code. Each	2105
nonpublic school shall report to the department of education the	2106
results of each assessment administered to each scholarship	2107
student under this section.	2108

Nothing in this section requires a nonpublic school to	2109
administer any achievement assessment, except for an Ohio	2110
graduation test prescribed by division (B)(1) of section 3301.0710	2111
of the Revised Code, as required by section 3313.612 of the	2112
Revised Code, to any student enrolled in the school who is not a	2113
scholarship student.	2114

Sec. 3310.35.  (A) The department of education annually shall	2115
compile the scores attained by scholarship students to whom an	2116
assessment is administered under section 3310.34 of the Revised	2117
Code. The scores shall be aggregated as follows:	2118

(1) By state, which shall include all students awarded a	2119
scholarship under the PACT scholarship program and who were	2120
required to take an assessment under section 3310.34 of the	2121
Revised Code;	2122

(2) By school district, which shall include all scholarship	2123
students who were required to take an assessment under section	2124
3310.34 of the Revised Code and for whom the district is the	2125
student's resident district;	2126

(3) By eligible nonpublic school, which shall include all	2127
scholarship students enrolled in that school who were required to	2128
take an assessment under section 3310.34 of the Revised Code.	2129

(B) The department shall disaggregate the student performance	2130
data described in division (A) of this section according to the	2131
following categories:	2132

(1) Age;

2133

(2) Race and ethnicity;

2134

(3) Gender;

2135

(4) Students who have participated in the scholarship program	2136
for three or more years;	2137

(5) Students who have participated in the scholarship program	2138
for more than one year and less than three years;	2139

(6) Students who have participated in the scholarship program	2140
for one year or less;	2141

(7) Economically disadvantaged students.

2142

(C) To the greatest extent possible, when computing student	2143
performance data under divisions (A) and (B) of this section, the	2144
department shall include student performance growth using the	2145
value-added progress dimension as prescribed by section 3302.021	2146
of the Revised Code.	2147

(D) The department shall post the student performance data	2148
required under divisions (A), (B), and (C) of this section on its	2149
web site and, by the first day of February each year, shall	2150
distribute that data to the parent of each eligible student. In	2151
reporting student performance data under this division, the	2152
department shall not include any data that is statistically	2153
unreliable or that could result in the identification of	2154
individual students. For this purpose, the department shall not	2155
report performance data for any group that contains less than ten	2156
students.	2157

(E) The department shall provide the parent of each	2158
scholarship student with information comparing the student's	2159
performance on the assessments administered under section 3310.34	2160
of the Revised Code with the average performance of similar	2161
students enrolled in the building operated by the student's	2162
resident district that the scholarship student would otherwise	2163
attend. In calculating the performance of similar students, the	2164
department shall consider age, grade, race and ethnicity, gender,	2165
and socioeconomic status.	2166

(F) Only to the extent and in the manner authorized by the	2167
"Family Educational Rights and Privacy Act of 1974," as amended,	2168
20 U.S.C. 1232g, the department shall afford independent research	2169
organizations that are part of or formally affiliated with public	2170
or private universities accredited by a regional accreditation	2171
agency approved by the United States department of education	2172
access to student assessment scores and performance data for the	2173
purpose of conducting longitudinal analysis of PACT scholarship	2174
student performance. Any data released to a research organization	2175
under this division shall not be used to disclose the academic	2176
level of individual students.	2177

Sec. 3310.37.  (A) The state board of education shall adopt	2178
rules in accordance with Chapter 119. of the Revised Code	2179
prescribing procedures for the administration of the parental	2180
choice and taxpayer savings scholarship program.	2181

(B) The state board and the department of education shall not	2182
require eligible nonpublic schools to comply with any education	2183
laws or rules or other requirements that are not specified in	2184
sections 3310.21 to 3310.37 of the Revised Code or in rules	2185
necessary for the administration of the program, adopted under	2186
division (A) of this section, and that otherwise would not apply	2187
to an eligible nonpublic school.	2188

Sec. 3310.38. The parental choice and taxpayer savings	2189
scholarship program support fund is hereby established in the	2190
state treasury. The fund shall consist of moneys credited or	2191
transferred from student education savings accounts in the manner	2192
prescribed by section 3310.30 of the Revised Code. Moneys in the	2193
fund shall be used by the department of education to support	2194
administration of the parental choice and taxpayer savings	2195
scholarship program.	2196

Sec. 3310.51.  As used in sections 3310.51 to 3310.64 of the	2197
Revised Code:	2198

(A) "Alternative public provider" means either of the	2199
following providers that agrees to enroll a child in the	2200
provider's special education program to implement the child's	2201
individualized education program and to which the eligible	2202
applicant owes fees for the services provided to the child:	2203

(1) A school district that is not the school district in	2204
which the child is entitled to attend school or the child's school	2205
district of residence, if different;	2206

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

2207

(B) "Child with a disability" and "individualized education	2208
program" have the same meanings as in section 3323.01 of the	2209
Revised Code.	2210

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

2211

(1) Either of the natural or adoptive parents of a qualified	2212
special education child, except as otherwise specified in this	2213
division. When the marriage of the natural or adoptive parents of	2214
the student has been terminated by a divorce, dissolution of	2215
marriage, or annulment, or when the natural or adoptive parents of	2216
the student are living separate and apart under a legal separation	2217
decree, and a court has issued an order allocating the parental	2218
rights and responsibilities with respect to the child, "eligible	2219
applicant" means the residential parent as designated by the	2220
court. If the court issues a shared parenting decree, "eligible	2221
applicant" means either parent. "Eligible applicant" does not mean	2222
a parent whose custodial rights have been terminated.	2223

(2) The custodian of a qualified special education child,	2224
when a court has granted temporary, legal, or permanent custody of	2225
the child to an individual other than either of the natural or	2226
adoptive parents of the child or to a government agency;	2227

(3) The guardian of a qualified special education child, when	2228
a court has appointed a guardian for the child;	2229

(4) The grandparent of a qualified special education child,	2230
when the grandparent is the child's attorney in fact under a power	2231
of attorney executed under sections 3109.51 to 3109.62 of the	2232
Revised Code or when the grandparent has executed a caregiver	2233
authorization affidavit under sections 3109.65 to 3109.73 of the	2234
Revised Code;	2235

(5) The surrogate parent appointed for a qualified special	2236
education child pursuant to division (B) of section 3323.05 and	2237
section 3323.051 of the Revised Code;	2238

(6) A qualified special education child, if the child does	2239
not have a custodian or guardian and the child is at least	2240
eighteen years of age.	2241

(D) "Entitled to attend school" means entitled to attend	2242
school in a school district under sections 3313.64 and 3313.65 of	2243
the Revised Code.	2244

(E) "Formula ADM" and "formula amount" have the same meanings	2245
as in section 3317.02 of the Revised Code.	2246

(F) "Qualified special education child" is a child for whom	2247
all of the following conditions apply:	2248

(1) The child is at least five years of age and less than	2249
twenty-two years of age.	2250

(2) The school district in which the child is entitled to	2251
attend school, or the child's school district of residence if	2252
different, has identified the child as a child with a disability.	2253

(3) The school district in which the child is entitled to	2254
attend school, or the child's school district of residence if	2255
different, has developed an individualized education program under	2256
Chapter 3323. of the Revised Code for the child.	2257

(4) The child either:

2258

(a) Was enrolled in the schools of the school district in	2259
which the child is entitled to attend school in any grade from	2260
kindergarten through twelve in the school year prior to the school	2261
year in which a scholarship is first sought for the child;	2262

(b) Is eligible to enter school in any grade kindergarten	2263
through twelve in the school district in which the child is	2264
entitled to attend school in the school year in which a	2265
scholarship is first sought for the child.	2266

(5) The department of education has not approved a	2267
scholarship for the child under the educational choice scholarship	2268
pilot program, under sections 3310.01 to 3310.17 of the Revised	2269
Code, the parental choice and taxpayer savings scholarship	2270
program, under sections 3310.21 to 3310.38 of the Revised Code,	2271
the autism scholarship program, under section 3310.41 of the	2272
Revised Code, or the pilot project scholarship program, under	2273
sections 3313.974 to 3313.979 of the Revised Code for the same	2274
school year in which a scholarship under the Jon Peterson special	2275
needs scholarship program is sought.	2276

(6) The child and the child's parents are in compliance with	2277
the state compulsory attendance law under Chapter 3321. of the	2278
Revised Code.	2279

(G) "Registered private provider" means a nonpublic school or	2280
other nonpublic entity that has been registered by the	2281
superintendent of public instruction under section 3310.58 of the	2282
Revised Code.	2283

(H) "Scholarship" means a scholarship awarded under the Jon	2284
Peterson special needs scholarship program pursuant to sections	2285
3310.51 to 3310.64 of the Revised Code.	2286

(I) "School district of residence" has the same meaning as in	2287
section 3323.01 of the Revised Code. A community school	2288
established under Chapter 3314. of the Revised Code is not a	2289
"school district of residence" for purposes of sections 3310.51 to	2290
3310.64 of the Revised Code.	2291

(J) "School year" has the same meaning as in section 3313.62	2292
of the Revised Code.	2293

(K) "Special education program" means a school or facility	2294
that provides special education and related services to children	2295
with disabilities.	2296

Sec. 3317.03.  (A) The superintendent of each city, local,	2297
and exempted village school district and of each educational	2298
service center shall, for the schools under the superintendent's	2299
supervision, certify to the state board of education on or before	2300
the fifteenth day of October in each year for the first full	2301
school week in October the average daily membership of students	2302
receiving services from schools under the superintendent's	2303
supervision, and the numbers of other students entitled to attend	2304
school in the district under section 3313.64 or 3313.65 of the	2305
Revised Code the superintendent is required to report under this	2306
section, so that the department of education can calculate the	2307
district's formula ADM. If a school under the superintendent's	2308
supervision is closed for one or more days during that week due to	2309
hazardous weather conditions or other circumstances described in	2310
the first paragraph of division (B) of section 3317.01 of the	2311
Revised Code, the superintendent may apply to the superintendent	2312
of public instruction for a waiver, under which the superintendent	2313
of public instruction may exempt the district superintendent from	2314
certifying the average daily membership for that school for that	2315
week and specify an alternate week for certifying the average	2316
daily membership of that school.	2317

The average daily membership during such week shall consist	2318
of the sum of the following:	2319

(1) On an FTE basis, the number of students in grades	2320
kindergarten through twelve receiving any educational services	2321
from the district, except that the following categories of	2322
students shall not be included in the determination:	2323

(a) Students enrolled in adult education classes;

2324

(b) Adjacent or other district students enrolled in the	2325
district under an open enrollment policy pursuant to section	2326
3313.98 of the Revised Code;	2327

(c) Students receiving services in the district pursuant to a	2328
compact, cooperative education agreement, or a contract, but who	2329
are entitled to attend school in another district pursuant to	2330
section 3313.64 or 3313.65 of the Revised Code;	2331

(d) Students for whom tuition is payable pursuant to sections	2332
3317.081 and 3323.141 of the Revised Code;	2333

(e) Students receiving services in the district through a	2334
scholarship awarded under either section 3310.41 or sections	2335
3310.51 to 3310.64 of the Revised Code.	2336

(2) On an FTE basis, the number of students entitled to	2337
attend school in the district pursuant to section 3313.64 or	2338
3313.65 of the Revised Code, but receiving educational services in	2339
grades kindergarten through twelve from one or more of the	2340
following entities:	2341

(a) A community school pursuant to Chapter 3314. of the	2342
Revised Code, including any participation in a college pursuant to	2343
Chapter 3365. of the Revised Code while enrolled in such community	2344
school;	2345

(b) An alternative school pursuant to sections 3313.974 to	2346
3313.979 of the Revised Code as described in division (I)(2)(a) or	2347
(b) of this section;	2348

(c) A college pursuant to Chapter 3365. of the Revised Code,	2349
except when the student is enrolled in the college while also	2350
enrolled in a community school pursuant to Chapter 3314. or a	2351
science, technology, engineering, and mathematics school	2352
established under Chapter 3326. of the Revised Code;	2353

(d) An adjacent or other school district under an open	2354
enrollment policy adopted pursuant to section 3313.98 of the	2355
Revised Code;	2356

(e) An educational service center or cooperative education	2357
district;	2358

(f) Another school district under a cooperative education	2359
agreement, compact, or contract;	2360

(g) A chartered nonpublic school with a scholarship paid	2361
under section 3310.08 or 3310.28 of the Revised Code;	2362

(h) An alternative public provider or a registered private	2363
provider with a scholarship awarded under either section 3310.41	2364
or sections 3310.51 to 3310.64 of the Revised Code.	2365

As used in this section, "alternative public provider" and	2366
"registered private provider" have the same meanings as in section	2367
3310.41 or 3310.51 of the Revised Code, as applicable.	2368

(i) A science, technology, engineering, and mathematics	2369
school established under Chapter 3326. of the Revised Code,	2370
including any participation in a college pursuant to Chapter 3365.	2371
of the Revised Code while enrolled in the school;	2372

(j) A college-preparatory boarding school established under	2373
Chapter 3328. of the Revised Code.	2374

(3) The number of students enrolled in a joint vocational	2375
school district or under a vocational education compact, excluding	2376
any students entitled to attend school in the district under	2377
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	2378
another school district through an open enrollment policy as	2379
reported under division (A)(2)(d) of this section and then enroll	2380
in a joint vocational school district or under a vocational	2381
education compact;	2382

(4) The number of children with disabilities, other than	2383
preschool children with disabilities, entitled to attend school in	2384
the district pursuant to section 3313.64 or 3313.65 of the Revised	2385
Code who are placed by the district with a county DD board, minus	2386
the number of such children placed with a county DD board in	2387
fiscal year 1998. If this calculation produces a negative number,	2388
the number reported under division (A)(4) of this section shall be	2389
zero.	2390

(B) To enable the department of education to obtain the data	2391
needed to complete the calculation of payments pursuant to this	2392
chapter, in addition to the average daily membership, each	2393
superintendent shall report separately the following student	2394
counts for the same week for which average daily membership is	2395
certified:	2396

(1) The total average daily membership in regular learning	2397
day classes included in the report under division (A)(1) or (2) of	2398
this section for each of the individual grades kindergarten	2399
through twelve in schools under the superintendent's supervision;	2400

(2) The number of all preschool children with disabilities	2401
enrolled as of the first day of December in classes in the	2402
district that are eligible for approval under division (B) of	2403
section 3317.05 of the Revised Code and the number of those	2404
classes, which shall be reported not later than the fifteenth day	2405
of December, in accordance with rules adopted under that section;	2406

(3) The number of children entitled to attend school in the	2407
district pursuant to section 3313.64 or 3313.65 of the Revised	2408
Code who are:	2409

(a) Participating in a pilot project scholarship program	2410
established under sections 3313.974 to 3313.979 of the Revised	2411
Code as described in division (I)(2)(a) or (b) of this section;	2412

(b) Enrolled in a college under Chapter 3365. of the Revised	2413
Code, except when the student is enrolled in the college while	2414
also enrolled in a community school pursuant to Chapter 3314. or a	2415
science, technology, engineering, and mathematics school	2416
established under Chapter 3326. of the Revised Code;	2417

(c) Enrolled in an adjacent or other school district under	2418
section 3313.98 of the Revised Code;	2419

(d) Enrolled in a community school established under Chapter	2420
3314. of the Revised Code that is not an internet- or	2421
computer-based community school as defined in section 3314.02 of	2422
the Revised Code, including any participation in a college	2423
pursuant to Chapter 3365. of the Revised Code while enrolled in	2424
such community school;	2425

(e) Enrolled in an internet- or computer-based community	2426
school, as defined in section 3314.02 of the Revised Code,	2427
including any participation in a college pursuant to Chapter 3365.	2428
of the Revised Code while enrolled in the school;	2429

(f) Enrolled in a chartered nonpublic school with a	2430
scholarship paid under section 3310.08 or 3310.28 of the Revised	2431
Code;	2432

(g) Enrolled in kindergarten through grade twelve in an	2433
alternative public provider or a registered private provider with	2434
a scholarship awarded under either section 3310.41 or sections	2435
3310.51 to 3310.64 of the Revised Code;	2436

(h) Enrolled as a preschool child with a disability in an	2437
alternative public provider or a registered private provider with	2438
a scholarship awarded under section 3310.41 of the Revised Code;	2439

(i) Participating in a program operated by a county DD board	2440
or a state institution;	2441

(j) Enrolled in a science, technology, engineering, and	2442
mathematics school established under Chapter 3326. of the Revised	2443
Code, including any participation in a college pursuant to Chapter	2444
3365. of the Revised Code while enrolled in the school;	2445

(k) Enrolled in a college-preparatory boarding school	2446
established under Chapter 3328. of the Revised Code.	2447

(4) The number of pupils enrolled in joint vocational	2448
schools;	2449

(5) The combined average daily membership of children with	2450
disabilities reported under division (A)(1) or (2) of this section	2451
receiving special education services for the category one	2452
disability described in division (A) of section 3317.013 of the	2453
Revised Code, including children attending a special education	2454
program operated by an alternative public provider or a registered	2455
private provider with a scholarship awarded under sections 3310.51	2456
to 3310.64 of the Revised Code;	2457

(6) The combined average daily membership of children with	2458
disabilities reported under division (A)(1) or (2) of this section	2459
receiving special education services for category two disabilities	2460
described in division (B) of section 3317.013 of the Revised Code,	2461
including children attending a special education program operated	2462
by an alternative public provider or a registered private provider	2463
with a scholarship awarded under sections 3310.51 to 3310.64 of	2464
the Revised Code;	2465

(7) The combined average daily membership of children with	2466
disabilities reported under division (A)(1) or (2) of this section	2467
receiving special education services for category three	2468
disabilities described in division (C) of section 3317.013 of the	2469
Revised Code, including children attending a special education	2470
program operated by an alternative public provider or a registered	2471
private provider with a scholarship awarded under sections 3310.51	2472
to 3310.64 of the Revised Code;	2473

(8) The combined average daily membership of children with	2474
disabilities reported under division (A)(1) or (2) of this section	2475
receiving special education services for category four	2476
disabilities described in division (D) of section 3317.013 of the	2477
Revised Code, including children attending a special education	2478
program operated by an alternative public provider or a registered	2479
private provider with a scholarship awarded under sections 3310.51	2480
to 3310.64 of the Revised Code;	2481

(9) The combined average daily membership of children with	2482
disabilities reported under division (A)(1) or (2) of this section	2483
receiving special education services for the category five	2484
disabilities described in division (E) of section 3317.013 of the	2485
Revised Code, including children attending a special education	2486
program operated by an alternative public provider or a registered	2487
private provider with a scholarship awarded under sections 3310.51	2488
to 3310.64 of the Revised Code;	2489

(10) The combined average daily membership of children with	2490
disabilities reported under division (A)(1) or (2) and under	2491
division (B)(3)(h) of this section receiving special education	2492
services for category six disabilities described in division (F)	2493
of section 3317.013 of the Revised Code, including children	2494
attending a special education program operated by an alternative	2495
public provider or a registered private provider with a	2496
scholarship awarded under either section 3310.41 or sections	2497
3310.51 to 3310.64 of the Revised Code;	2498

(11) The average daily membership of pupils reported under	2499
division (A)(1) or (2) of this section enrolled in category one	2500
vocational education programs or classes, described in division	2501
(A) of section 3317.014 of the Revised Code, operated by the	2502
school district or by another district, other than a joint	2503
vocational school district, or by an educational service center,	2504
excluding any student reported under division (B)(3)(e) of this	2505
section as enrolled in an internet- or computer-based community	2506
school, notwithstanding division (C) of section 3317.02 of the	2507
Revised Code and division (C)(3) of this section;	2508

(12) The average daily membership of pupils reported under	2509
division (A)(1) or (2) of this section enrolled in category two	2510
vocational education programs or services, described in division	2511
(B) of section 3317.014 of the Revised Code, operated by the	2512
school district or another school district, other than a joint	2513
vocational school district, or by an educational service center,	2514
excluding any student reported under division (B)(3)(e) of this	2515
section as enrolled in an internet- or computer-based community	2516
school, notwithstanding division (C) of section 3317.02 of the	2517
Revised Code and division (C)(3) of this section;	2518

Beginning with fiscal year 2010, vocational education ADM	2519
shall not be used to calculate a district's funding but shall be	2520
reported under divisions (B)(11) and (12) of this section for	2521
statistical purposes.	2522

(13) The average number of children transported by the school	2523
district on board-owned or contractor-owned and -operated buses,	2524
reported in accordance with rules adopted by the department of	2525
education;	2526

(14)(a) The number of children, other than preschool children	2527
with disabilities, the district placed with a county DD board in	2528
fiscal year 1998;	2529

(b) The number of children with disabilities, other than	2530
preschool children with disabilities, placed with a county DD	2531
board in the current fiscal year to receive special education	2532
services for the category one disability described in division (A)	2533
of section 3317.013 of the Revised Code;	2534

(c) The number of children with disabilities, other than	2535
preschool children with disabilities, placed with a county DD	2536
board in the current fiscal year to receive special education	2537
services for category two disabilities described in division (B)	2538
of section 3317.013 of the Revised Code;	2539

(d) The number of children with disabilities, other than	2540
preschool children with disabilities, placed with a county DD	2541
board in the current fiscal year to receive special education	2542
services for category three disabilities described in division (C)	2543
of section 3317.013 of the Revised Code;	2544

(e) The number of children with disabilities, other than	2545
preschool children with disabilities, placed with a county DD	2546
board in the current fiscal year to receive special education	2547
services for category four disabilities described in division (D)	2548
of section 3317.013 of the Revised Code;	2549

(f) The number of children with disabilities, other than	2550
preschool children with disabilities, placed with a county DD	2551
board in the current fiscal year to receive special education	2552
services for the category five disabilities described in division	2553
(E) of section 3317.013 of the Revised Code;	2554

(g) The number of children with disabilities, other than	2555
preschool children with disabilities, placed with a county DD	2556
board in the current fiscal year to receive special education	2557
services for category six disabilities described in division (F)	2558
of section 3317.013 of the Revised Code.	2559

(C)(1) The average daily membership in divisions (B)(1) to	2560
(12) of this section shall be based upon the number of full-time	2561
equivalent students. The state board of education shall adopt	2562
rules defining full-time equivalent students and for determining	2563
the average daily membership therefrom for the purposes of	2564
divisions (A), (B), and (D) of this section. Each student enrolled	2565
in kindergarten shall be counted as one full-time equivalent	2566
student regardless of whether the student is enrolled in a	2567
part-day or all-day kindergarten class.	2568

(2) A student enrolled in a community school established	2569
under Chapter 3314., a science, technology, engineering, and	2570
mathematics school established under Chapter 3326., or a	2571
college-preparatory boarding school established under Chapter	2572
3328. of the Revised Code shall be counted in the formula ADM and,	2573
if applicable, the category one, two, three, four, five, or six	2574
special education ADM of the school district in which the student	2575
is entitled to attend school under section 3313.64 or 3313.65 of	2576
the Revised Code for the same proportion of the school year that	2577
the student is counted in the enrollment of the community school,	2578
the science, technology, engineering, and mathematics school, or	2579
the college-preparatory boarding school for purposes of section	2580
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	2581
the number of students reported pursuant to division (B)(3)(d),	2582
(e), (j), or (k) of this section, the department may adjust the	2583
formula ADM of a school district to account for students entitled	2584
to attend school in the district under section 3313.64 or 3313.65	2585
of the Revised Code who are enrolled in a community school, a	2586
science, technology, engineering, and mathematics school, or a	2587
college-preparatory boarding school for only a portion of the	2588
school year.	2589

(3) No child shall be counted as more than a total of one	2590
child in the sum of the average daily memberships of a school	2591
district under division (A), divisions (B)(1) to (12), or division	2592
(D) of this section, except as follows:	2593

(a) A child with a disability described in section 3317.013	2594
of the Revised Code may be counted both in formula ADM and in	2595
category one, two, three, four, five, or six special education ADM	2596
and, if applicable, in category one or two vocational education	2597
ADM. As provided in division (C) of section 3317.02 of the Revised	2598
Code, such a child shall be counted in category one, two, three,	2599
four, five, or six special education ADM in the same proportion	2600
that the child is counted in formula ADM.	2601

(b) A child enrolled in vocational education programs or	2602
classes described in section 3317.014 of the Revised Code may be	2603
counted both in formula ADM and category one or two vocational	2604
education ADM and, if applicable, in category one, two, three,	2605
four, five, or six special education ADM. Such a child shall be	2606
counted in category one or two vocational education ADM in the	2607
same proportion as the percentage of time that the child spends in	2608
the vocational education programs or classes.	2609

(4) Based on the information reported under this section, the	2610
department of education shall determine the total student count,	2611
as defined in section 3301.011 of the Revised Code, for each	2612
school district.	2613

(D)(1) The superintendent of each joint vocational school	2614
district shall certify to the superintendent of public instruction	2615
on or before the fifteenth day of October in each year for the	2616
first full school week in October the formula ADM, for purposes of	2617
section 3318.42 of the Revised Code and for any other purpose	2618
prescribed by law for which "formula ADM" of the joint vocational	2619
district is a factor. If a school operated by the joint vocational	2620
school district is closed for one or more days during that week	2621
due to hazardous weather conditions or other circumstances	2622
described in the first paragraph of division (B) of section	2623
3317.01 of the Revised Code, the superintendent may apply to the	2624
superintendent of public instruction for a waiver, under which the	2625
superintendent of public instruction may exempt the district	2626
superintendent from certifying the formula ADM for that school for	2627
that week and specify an alternate week for certifying the formula	2628
ADM of that school.	2629

The formula ADM, except as otherwise provided in this	2630
division, shall consist of the average daily membership during	2631
such week, on an FTE basis, of the number of students receiving	2632
any educational services from the district, including students	2633
enrolled in a community school established under Chapter 3314. or	2634
a science, technology, engineering, and mathematics school	2635
established under Chapter 3326. of the Revised Code who are	2636
attending the joint vocational district under an agreement between	2637
the district board of education and the governing authority of the	2638
community school or the governing body of the science, technology,	2639
engineering, and mathematics school and are entitled to attend	2640
school in a city, local, or exempted village school district whose	2641
territory is part of the territory of the joint vocational	2642
district.	2643

The following categories of students shall not be included in	2644
the determination made under division (D)(1) of this section:	2645

(a) Students enrolled in adult education classes;

2646

(b) Adjacent or other district joint vocational students	2647
enrolled in the district under an open enrollment policy pursuant	2648
to section 3313.98 of the Revised Code;	2649

(c) Students receiving services in the district pursuant to a	2650
compact, cooperative education agreement, or a contract, but who	2651
are entitled to attend school in a city, local, or exempted	2652
village school district whose territory is not part of the	2653
territory of the joint vocational district;	2654

(d) Students for whom tuition is payable pursuant to sections	2655
3317.081 and 3323.141 of the Revised Code.	2656

(2) To enable the department of education to obtain the data	2657
needed to complete the calculation of payments pursuant to this	2658
chapter, in addition to the formula ADM, each superintendent shall	2659
report separately the average daily membership included in the	2660
report under division (D)(1) of this section for each of the	2661
following categories of students for the same week for which	2662
formula ADM is certified:	2663

(a) Students enrolled in each individual grade included in	2664
the joint vocational district schools;	2665

(b) Children with disabilities receiving special education	2666
services for the category one disability described in division (A)	2667
of section 3317.013 of the Revised Code;	2668

(c) Children with disabilities receiving special education	2669
services for the category two disabilities described in division	2670
(B) of section 3317.013 of the Revised Code;	2671

(d) Children with disabilities receiving special education	2672
services for category three disabilities described in division (C)	2673
of section 3317.013 of the Revised Code;	2674

(e) Children with disabilities receiving special education	2675
services for category four disabilities described in division (D)	2676
of section 3317.013 of the Revised Code;	2677

(f) Children with disabilities receiving special education	2678
services for the category five disabilities described in division	2679
(E) of section 3317.013 of the Revised Code;	2680

(g) Children with disabilities receiving special education	2681
services for category six disabilities described in division (F)	2682
of section 3317.013 of the Revised Code;	2683

(h) Students receiving category one vocational education	2684
services, described in division (A) of section 3317.014 of the	2685
Revised Code;	2686

(i) Students receiving category two vocational education	2687
services, described in division (B) of section 3317.014 of the	2688
Revised Code.	2689

The superintendent of each joint vocational school district	2690
shall also indicate the city, local, or exempted village school	2691
district in which each joint vocational district pupil is entitled	2692
to attend school pursuant to section 3313.64 or 3313.65 of the	2693
Revised Code.	2694

(E) In each school of each city, local, exempted village,	2695
joint vocational, and cooperative education school district there	2696
shall be maintained a record of school membership, which record	2697
shall accurately show, for each day the school is in session, the	2698
actual membership enrolled in regular day classes. For the purpose	2699
of determining average daily membership, the membership figure of	2700
any school shall not include any pupils except those pupils	2701
described by division (A) of this section. The record of	2702
membership for each school shall be maintained in such manner that	2703
no pupil shall be counted as in membership prior to the actual	2704
date of entry in the school and also in such manner that where for	2705
any cause a pupil permanently withdraws from the school that pupil	2706
shall not be counted as in membership from and after the date of	2707
such withdrawal. There shall not be included in the membership of	2708
any school any of the following:	2709

(1) Any pupil who has graduated from the twelfth grade of a	2710
public or nonpublic high school;	2711

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

2712

(3) Any pupil who was enrolled in the schools of the district	2713
during the previous school year when assessments were administered	2714
under section 3301.0711 of the Revised Code but did not take one	2715
or more of the assessments required by that section and was not	2716
excused pursuant to division (C)(1) or (3) of that section;	2717

(4) Any pupil who has attained the age of twenty-two years,	2718
except for veterans of the armed services whose attendance was	2719
interrupted before completing the recognized twelve-year course of	2720
the public schools by reason of induction or enlistment in the	2721
armed forces and who apply for reenrollment in the public school	2722
system of their residence not later than four years after	2723
termination of war or their honorable discharge.	2724

If, however, any veteran described by division (E)(4) of this	2725
section elects to enroll in special courses organized for veterans	2726
for whom tuition is paid under the provisions of federal laws, or	2727
otherwise, that veteran shall not be included in average daily	2728
membership.	2729

Notwithstanding division (E)(3) of this section, the	2730
membership of any school may include a pupil who did not take an	2731
assessment required by section 3301.0711 of the Revised Code if	2732
the superintendent of public instruction grants a waiver from the	2733
requirement to take the assessment to the specific pupil and a	2734
parent is not paying tuition for the pupil pursuant to section	2735
3313.6410 of the Revised Code. The superintendent may grant such a	2736
waiver only for good cause in accordance with rules adopted by the	2737
state board of education.	2738

Except as provided in divisions (B)(2) and (F) of this	2739
section, the average daily membership figure of any local, city,	2740
exempted village, or joint vocational school district shall be	2741
determined by dividing the figure representing the sum of the	2742
number of pupils enrolled during each day the school of attendance	2743
is actually open for instruction during the week for which the	2744
average daily membership is being certified by the total number of	2745
days the school was actually open for instruction during that	2746
week. For purposes of state funding, "enrolled" persons are only	2747
those pupils who are attending school, those who have attended	2748
school during the current school year and are absent for	2749
authorized reasons, and those children with disabilities currently	2750
receiving home instruction.	2751

The average daily membership figure of any cooperative	2752
education school district shall be determined in accordance with	2753
rules adopted by the state board of education.	2754

(F)(1) If the formula ADM for the first full school week in	2755
February is at least three per cent greater than that certified	2756
for the first full school week in the preceding October, the	2757
superintendent of schools of any city, exempted village, or joint	2758
vocational school district or educational service center shall	2759
certify such increase to the superintendent of public instruction.	2760
Such certification shall be submitted no later than the fifteenth	2761
day of February. For the balance of the fiscal year, beginning	2762
with the February payments, the superintendent of public	2763
instruction shall use the increased formula ADM in calculating or	2764
recalculating the amounts to be allocated in accordance with	2765
section 3317.022 or 3317.16 of the Revised Code. In no event shall	2766
the superintendent use an increased membership certified to the	2767
superintendent after the fifteenth day of February. Division	2768
(F)(1) of this section does not apply after fiscal year 2006.	2769

(2) If on the first school day of April the total number of	2770
classes or units for preschool children with disabilities that are	2771
eligible for approval under division (B) of section 3317.05 of the	2772
Revised Code exceeds the number of units that have been approved	2773
for the year under that division, the superintendent of schools of	2774
any city, exempted village, or cooperative education school	2775
district or educational service center shall make the	2776
certifications required by this section for that day. If the	2777
department determines additional units can be approved for the	2778
fiscal year within any limitations set forth in the acts	2779
appropriating moneys for the funding of such units, the department	2780
shall approve additional units for the fiscal year on the basis of	2781
such average daily membership. For each unit so approved, the	2782
department shall pay an amount computed in the manner prescribed	2783
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	2784
Code.	2785

(3) If a student attending a community school under Chapter	2786
3314., a science, technology, engineering, and mathematics school	2787
established under Chapter 3326., or a college-preparatory boarding	2788
school established under Chapter 3328. of the Revised Code is not	2789
included in the formula ADM certified for the school district in	2790
which the student is entitled to attend school under section	2791
3313.64 or 3313.65 of the Revised Code, the department of	2792
education shall adjust the formula ADM of that school district to	2793
include the student in accordance with division (C)(2) of this	2794
section, and shall recalculate the school district's payments	2795
under this chapter for the entire fiscal year on the basis of that	2796
adjusted formula ADM. This requirement applies regardless of	2797
whether the student was enrolled, as defined in division (E) of	2798
this section, in the community school, the science, technology,	2799
engineering, and mathematics school, or the college-preparatory	2800
boarding school during the week for which the formula ADM is being	2801
certified.	2802

(4) If a student awarded an educational choice scholarship is	2803
not included in the formula ADM of the school district from which	2804
the department deducts funds for the scholarship under section	2805
3310.08 of the Revised Code, the department shall adjust the	2806
formula ADM of that school district to include the student to the	2807
extent necessary to account for the deduction, and shall	2808
recalculate the school district's payments under this chapter for	2809
the entire fiscal year on the basis of that adjusted formula ADM.	2810
This requirement applies regardless of whether the student was	2811
enrolled, as defined in division (E) of this section, in the	2812
chartered nonpublic school, the school district, or a community	2813
school during the week for which the formula ADM is being	2814
certified.	2815

(5) If a student awarded a scholarship under the parental	2816
choice and taxpayer savings scholarship program is not included in	2817
the formula ADM of the school district from which the department	2818
deducts funds for the scholarship under section 3310.28 of the	2819
Revised Code, the department shall adjust the formula ADM of that	2820
school district to include the student to the extent necessary to	2821
account for the deduction, and shall recalculate the school	2822
district's payments under this chapter for the entire fiscal year	2823
on the basis of that adjusted formula ADM. This requirement	2824
applies regardless of whether the student was enrolled, as defined	2825
in division (E) of this section, in an eligible nonpublic school,	2826
the school district, or a community school during the week for	2827
which the formula ADM is being certified.	2828

(6) If a student awarded a scholarship under the Jon Peterson	2829
special needs scholarship program is not included in the formula	2830
ADM of the school district from which the department deducts funds	2831
for the scholarship under section 3310.55 of the Revised Code, the	2832
department shall adjust the formula ADM of that school district to	2833
include the student to the extent necessary to account for the	2834
deduction, and shall recalculate the school district's payments	2835
under this chapter for the entire fiscal year on the basis of that	2836
adjusted formula ADM. This requirement applies regardless of	2837
whether the student was enrolled, as defined in division (E) of	2838
this section, in an alternative public provider, a registered	2839
private provider, or the school district during the week for which	2840
the formula ADM is being certified.	2841

(G)(1)(a) The superintendent of an institution operating a	2842
special education program pursuant to section 3323.091 of the	2843
Revised Code shall, for the programs under such superintendent's	2844
supervision, certify to the state board of education, in the	2845
manner prescribed by the superintendent of public instruction,	2846
both of the following:	2847

(i) The average daily membership of all children with	2848
disabilities other than preschool children with disabilities	2849
receiving services at the institution for each category of	2850
disability described in divisions (A) to (F) of section 3317.013	2851
of the Revised Code;	2852

(ii) The average daily membership of all preschool children	2853
with disabilities in classes or programs approved annually by the	2854
department of education for unit funding under section 3317.05 of	2855
the Revised Code.	2856

(b) The superintendent of an institution with vocational	2857
education units approved under division (A) of section 3317.05 of	2858
the Revised Code shall, for the units under the superintendent's	2859
supervision, certify to the state board of education the average	2860
daily membership in those units, in the manner prescribed by the	2861
superintendent of public instruction.	2862

(2) The superintendent of each county DD board that maintains	2863
special education classes under section 3317.20 of the Revised	2864
Code or units approved pursuant to section 3317.05 of the Revised	2865
Code shall do both of the following:	2866

(a) Certify to the state board, in the manner prescribed by	2867
the board, the average daily membership in classes under section	2868
3317.20 of the Revised Code for each school district that has	2869
placed children in the classes;	2870

(b) Certify to the state board, in the manner prescribed by	2871
the board, the number of all preschool children with disabilities	2872
enrolled as of the first day of December in classes eligible for	2873
approval under division (B) of section 3317.05 of the Revised	2874
Code, and the number of those classes.	2875

(3)(a) If on the first school day of April the number of	2876
classes or units maintained for preschool children with	2877
disabilities by the county DD board that are eligible for approval	2878
under division (B) of section 3317.05 of the Revised Code is	2879
greater than the number of units approved for the year under that	2880
division, the superintendent shall make the certification required	2881
by this section for that day.	2882

(b) If the department determines that additional classes or	2883
units can be approved for the fiscal year within any limitations	2884
set forth in the acts appropriating moneys for the funding of the	2885
classes and units described in division (G)(3)(a) of this section,	2886
the department shall approve and fund additional units for the	2887
fiscal year on the basis of such average daily membership. For	2888
each unit so approved, the department shall pay an amount computed	2889
in the manner prescribed in sections 3317.052 and 3317.053 of the	2890
Revised Code.	2891

(H) Except as provided in division (I) of this section, when	2892
any city, local, or exempted village school district provides	2893
instruction for a nonresident pupil whose attendance is	2894
unauthorized attendance as defined in section 3327.06 of the	2895
Revised Code, that pupil's membership shall not be included in	2896
that district's membership figure used in the calculation of that	2897
district's formula ADM or included in the determination of any	2898
unit approved for the district under section 3317.05 of the	2899
Revised Code. The reporting official shall report separately the	2900
average daily membership of all pupils whose attendance in the	2901
district is unauthorized attendance, and the membership of each	2902
such pupil shall be credited to the school district in which the	2903
pupil is entitled to attend school under division (B) of section	2904
3313.64 or section 3313.65 of the Revised Code as determined by	2905
the department of education.	2906

(I)(1) A city, local, exempted village, or joint vocational	2907
school district admitting a scholarship student of a pilot project	2908
district pursuant to division (C) of section 3313.976 of the	2909
Revised Code may count such student in its average daily	2910
membership.	2911

(2) In any year for which funds are appropriated for pilot	2912
project scholarship programs, a school district implementing a	2913
state-sponsored pilot project scholarship program that year	2914
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	2915
count in average daily membership:	2916

(a) All children residing in the district and utilizing a	2917
scholarship to attend kindergarten in any alternative school, as	2918
defined in section 3313.974 of the Revised Code;	2919

(b) All children who were enrolled in the district in the	2920
preceding year who are utilizing a scholarship to attend an	2921
alternative school.	2922

(J) The superintendent of each cooperative education school	2923
district shall certify to the superintendent of public	2924
instruction, in a manner prescribed by the state board of	2925
education, the applicable average daily memberships for all	2926
students in the cooperative education district, also indicating	2927
the city, local, or exempted village district where each pupil is	2928
entitled to attend school under section 3313.64 or 3313.65 of the	2929
Revised Code.	2930

(K) If the superintendent of public instruction determines	2931
that a component of the average daily membership certified or	2932
reported by a district superintendent, or other reporting entity,	2933
is not correct, the superintendent of public instruction may order	2934
that the formula ADM used for the purposes of payments under any	2935
section of Title XXXIII of the Revised Code be adjusted in the	2936
amount of the error.	2937

Sec. 5727.84.  (A) As used in this section and sections	2938
5727.85, 5727.86, and 5727.87 of the Revised Code:	2939

(1) "School district" means a city, local, or exempted	2940
village school district.	2941

(2) "Joint vocational school district" means a joint	2942
vocational school district created under section 3311.16 of the	2943
Revised Code, and includes a cooperative education school district	2944
created under section 3311.52 or 3311.521 of the Revised Code and	2945
a county school financing district created under section 3311.50	2946
of the Revised Code.	2947

(3) "Local taxing unit" means a subdivision or taxing unit,	2948
as defined in section 5705.01 of the Revised Code, a park district	2949
created under Chapter 1545. of the Revised Code, or a township	2950
park district established under section 511.23 of the Revised	2951
Code, but excludes school districts and joint vocational school	2952
districts.	2953

(4) "State education aid," for a school district, means the	2954
following:	2955

(a) For fiscal years prior to fiscal year 2010, the sum of	2956
state aid amounts computed for the district under the following	2957
provisions, as they existed for the applicable fiscal year:	2958
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	2959
3317.022; divisions (B), (C), and (D) of section 3317.023;	2960
divisions (G), (L), and (N) of section 3317.024; and sections	2961
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	2962
3317.053 of the Revised Code; and the adjustments required by:	2963
division (C) of section 3310.08; division (C)(2) of section	2964
3310.41; division (C) of section 3314.08; division (D)(2) of	2965
section 3314.091; division (D) of section 3314.13; divisions (E),	2966
(K), (L), (M), and (N) of section 3317.023; division (C) of	2967
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	2968
Code. However, when calculating state education aid for a school	2969
district for fiscal years 2008 and 2009, include the amount	2970
computed for the district under Section 269.20.80 of H.B. 119 of	2971
the 127th general assembly, as subsequently amended, instead of	2972
division (D) of section 3317.022 of the Revised Code; and include	2973
amounts calculated under Section 269.30.80 of H.B. 119 of the	2974
127th general assembly, as subsequently amended.	2975

(b) For fiscal years 2010 and 2011, the sum of the amounts	2976
computed for the district under former sections 3306.052, 3306.12,	2977
3306.13, 3306.19, 3306.191, and 3306.192 of the Revised Code and	2978
the following provisions, as they existed for the applicable	2979
fiscal year: division (G) of section 3317.024; sections 3317.05,	2980
3317.052, and 3317.053 of the Revised Code; and the adjustments	2981
required by division (C) of section 3310.08; division (C)(2) of	2982
section 3310.41; division (C) of section 3314.08; division (D)(2)	2983
of section 3314.091; division (D) of section 3314.13; divisions	2984
(E), (K), (L), (M), and (N) of section 3317.023; division (C) of	2985
section 3317.20; and sections 3313.979, 3313.981, and 3326.33 of	2986
the Revised Code.	2987

(c) For fiscal years 2012 and 2013, the amount paid in	2988
accordance with the section of H.B. 153 of the 129th general	2989
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	2990
SCHOOL DISTRICTS" and the adjustments required by division (C) of	2991
section 3310.08; division (C) of section 3310.28; division (C)(2)	2992
of section 3310.41; section 3310.55; division (C) of section	2993
3314.08; division (D)(2) of section 3314.091; division (D) of	2994
section 3314.13; divisions (B), (H), (I), (J), and (K) of section	2995
3317.023; division (C) of section 3317.20; and sections 3313.979	2996
and 3313.981 of the Revised Code.	2997

(5) "State education aid," for a joint vocational school	2998
district, means the following:	2999

(a) For fiscal years prior to fiscal year 2010, the sum of	3000
the state aid amounts computed for the district under division (N)	3001
of section 3317.024 and section 3317.16 of the Revised Code.	3002
However, when calculating state education aid for a joint	3003
vocational school district for fiscal years 2008 and 2009, include	3004
the amount computed for the district under Section 269.30.90 of	3005
H.B. 119 of the 127th general assembly, as subsequently amended.	3006

(b) For fiscal years 2010 and 2011, the amount computed for	3007
the district in accordance with the section of H.B. 1 of the 128th	3008
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	3009
DISTRICTS".	3010

(c) For fiscal years 2012 and 2013, the amount paid in	3011
accordance with the section of H.B. 153 of the 129th general	3012
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	3013

(6) "State education aid offset" means the amount determined	3014
for each school district or joint vocational school district under	3015
division (A)(1) of section 5727.85 of the Revised Code.	3016

(7) "Recognized valuation" has the same meaning as in section	3017
3317.02 of the Revised Code.	3018

(8) "Electric company tax value loss" means the amount	3019
determined under division (D) of this section.	3020

(9) "Natural gas company tax value loss" means the amount	3021
determined under division (E) of this section.	3022

(10) "Tax value loss" means the sum of the electric company	3023
tax value loss and the natural gas company tax value loss.	3024

(11) "Fixed-rate levy" means any tax levied on property other	3025
than a fixed-sum levy.	3026

(12) "Fixed-rate levy loss" means the amount determined under	3027
division (G) of this section.	3028

(13) "Fixed-sum levy" means a tax levied on property at	3029
whatever rate is required to produce a specified amount of tax	3030
money or levied in excess of the ten-mill limitation to pay debt	3031
charges, and includes school district emergency levies imposed	3032
pursuant to section 5705.194 of the Revised Code.	3033

(14) "Fixed-sum levy loss" means the amount determined under	3034
division (H) of this section.	3035

(15) "Consumer price index" means the consumer price index	3036
(all items, all urban consumers) prepared by the bureau of labor	3037
statistics of the United States department of labor.	3038

(16) "Total resources" has the same meaning as in section	3039
5751.20 of the Revised Code.	3040

(17) "2011 current expense S.B. 3 allocation" means the sum	3041
of payments received by a school district or joint vocational	3042
school district in fiscal year 2011 for current expense levy	3043
losses pursuant to division (C)(2) of section 5727.85 of the	3044
Revised Code. If a fixed-rate levy eligible for reimbursement is	3045
not imposed in any year after tax year 2010, "2011 current expense	3046
S.B. 3 allocation" used to compute payments to be made under	3047
division (C)(3) of section 5727.85 of the Revised Code in the tax	3048
years following the last year the levy is imposed shall be reduced	3049
by the amount of those payments attributable to the fixed-rate	3050
levy loss of that levy.	3051

(18) "2010 current expense S.B. 3 allocation" means the sum	3052
of payments received by a municipal corporation in calendar year	3053
2010 for current expense levy losses pursuant to division (A)(1)	3054
of section 5727.86 of the Revised Code. If a fixed-rate levy	3055
eligible for reimbursement is not imposed in any year after tax	3056
year 2010, "2010 current expense S.B. 3 allocation" used to	3057
compute payments to be made under division (A)(1)(d) of section	3058
5727.86 of the Revised Code in the tax years following the last	3059
year the levy is imposed shall be reduced by the amount of those	3060
payments attributable to the fixed-rate levy loss of that levy.	3061

(19) "2010 S.B. 3 allocation" means the sum of payments	3062
received by a local taxing unit during calendar year 2010 pursuant	3063
to division (A)(1) of section 5727.86 of the Revised Code. If a	3064
fixed-rate levy eligible for reimbursement is not imposed in any	3065
year after tax year 2010, "2010 S.B. 3 allocation" used to compute	3066
payments to be made under division (A)(1)(d) of section 5727.86 of	3067
the Revised Code in the tax years following the last year the levy	3068
is imposed shall be reduced by the amount of those payments	3069
attributable to the fixed-rate levy loss of that levy.	3070

(20) "Total S.B. 3 allocation" means, in the case of a school	3071
district or joint vocational school district, the sum of the	3072
amounts received in fiscal year 2011 pursuant to divisions (C)(2)	3073
and (D) of section 5727.85 of the Revised Code. In the case of a	3074
local taxing unit, "total S.B. 3 allocation" means the sum of	3075
payments received by the unit in calendar year 2010 pursuant to	3076
divisions (A)(1) and (4) of section 5727.86 of the Revised Code.	3077
If a fixed-rate levy eligible for reimbursement is not imposed in	3078
any year after tax year 2010, "total S.B. 3 allocation" used to	3079
compute payments to be made under division (C)(3) of section	3080
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised	3081
Code in the tax years following the last year the levy is imposed	3082
shall be reduced by the amount of those payments attributable to	3083
the fixed-rate levy loss of that levy as would be computed under	3084
division (C)(2) of section 5727.85 or division (A)(1)(b) of	3085
section 5727.86 of the Revised Code.	3086

(21) "2011 non-current expense S.B. 3 allocation" means the	3087
difference of a school district's or joint vocational school	3088
district's total S.B. 3 allocation minus the sum of the school	3089
district's 2011 current expense S.B. 3 allocation and the portion	3090
of the school district's total S.B. 3 allocation constituting	3091
reimbursement for debt levies pursuant to division (D) of section	3092
5727.85 of the Revised Code.	3093

(22) "2010 non-current expense S.B. 3 allocation" means the	3094
difference of a municipal corporation's total S.B. 3 allocation	3095
minus the sum of its 2010 current expense S.B. 3 allocation and	3096
the portion of its total S.B. 3 allocation constituting	3097
reimbursement for debt levies pursuant to division (A)(4) of	3098
section 5727.86 of the Revised Code.	3099

(23) "Threshold per cent" means, in the case of a school	3100
district or joint vocational school district, two per cent for	3101
fiscal year 2012 and four per cent for fiscal years 2013 and	3102
thereafter. In the case of a local taxing unit, "threshold per	3103
cent" means two per cent for calendar year 2011, four per cent for	3104
calendar year 2012, and six per cent for calendar years 2013 and	3105
thereafter.	3106

(B) The kilowatt-hour tax receipts fund is hereby created in	3107
the state treasury and shall consist of money arising from the tax	3108
imposed by section 5727.81 of the Revised Code. All money in the	3109
kilowatt-hour tax receipts fund shall be credited as follows:	3110

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund		3111
2001-2011	63.0%	25.4%	11.6%		3112
2012 and thereafter	88.0%	9.0%	3.0%		3113

(C) The natural gas tax receipts fund is hereby created in	3114
the state treasury and shall consist of money arising from the tax	3115
imposed by section 5727.811 of the Revised Code. All money in the	3116
fund shall be credited as follows:	3117

(1) For fiscal years before fiscal year 2012:

3118

(a) Sixty-eight and seven-tenths per cent shall be credited	3119
to the school district property tax replacement fund for the	3120
purpose of making the payments described in section 5727.85 of the	3121
Revised Code.	3122

(b) Thirty-one and three-tenths per cent shall be credited to	3123
the local government property tax replacement fund for the purpose	3124
of making the payments described in section 5727.86 of the Revised	3125
Code.	3126

(2) For fiscal years 2012 and thereafter, one hundred per	3127
cent to the general revenue fund.	3128

(D) Not later than January 1, 2002, the tax commissioner	3129
shall determine for each taxing district its electric company tax	3130
value loss, which is the sum of the applicable amounts described	3131
in divisions (D)(1) to (4) of this section:	3132

(1) The difference obtained by subtracting the amount	3133
described in division (D)(1)(b) from the amount described in	3134
division (D)(1)(a) of this section.	3135

(a) The value of electric company and rural electric company	3136
tangible personal property as assessed by the tax commissioner for	3137
tax year 1998 on a preliminary assessment, or an amended	3138
preliminary assessment if issued prior to March 1, 1999, and as	3139
apportioned to the taxing district for tax year 1998;	3140

(b) The value of electric company and rural electric company	3141
tangible personal property as assessed by the tax commissioner for	3142
tax year 1998 had the property been apportioned to the taxing	3143
district for tax year 2001, and assessed at the rates in effect	3144
for tax year 2001.	3145

(2) The difference obtained by subtracting the amount	3146
described in division (D)(2)(b) from the amount described in	3147
division (D)(2)(a) of this section.	3148

(a) The three-year average for tax years 1996, 1997, and 1998	3149
of the assessed value from nuclear fuel materials and assemblies	3150
assessed against a person under Chapter 5711. of the Revised Code	3151
from the leasing of them to an electric company for those	3152
respective tax years, as reflected in the preliminary assessments;	3153

(b) The three-year average assessed value from nuclear fuel	3154
materials and assemblies assessed under division (D)(2)(a) of this	3155
section for tax years 1996, 1997, and 1998, as reflected in the	3156
preliminary assessments, using an assessment rate of twenty-five	3157
per cent.	3158

(3) In the case of a taxing district having a nuclear power	3159
plant within its territory, any amount, resulting in an electric	3160
company tax value loss, obtained by subtracting the amount	3161
described in division (D)(1) of this section from the difference	3162
obtained by subtracting the amount described in division (D)(3)(b)	3163
of this section from the amount described in division (D)(3)(a) of	3164
this section.	3165

(a) The value of electric company tangible personal property	3166
as assessed by the tax commissioner for tax year 2000 on a	3167
preliminary assessment, or an amended preliminary assessment if	3168
issued prior to March 1, 2001, and as apportioned to the taxing	3169
district for tax year 2000;	3170

(b) The value of electric company tangible personal property	3171
as assessed by the tax commissioner for tax year 2001 on a	3172
preliminary assessment, or an amended preliminary assessment if	3173
issued prior to March 1, 2002, and as apportioned to the taxing	3174
district for tax year 2001.	3175

(4) In the case of a taxing district having a nuclear power	3176
plant within its territory, the difference obtained by subtracting	3177
the amount described in division (D)(4)(b) of this section from	3178
the amount described in division (D)(4)(a) of this section,	3179
provided that such difference is greater than ten per cent of the	3180
amount described in division (D)(4)(a) of this section.	3181

(a) The value of electric company tangible personal property	3182
as assessed by the tax commissioner for tax year 2005 on a	3183
preliminary assessment, or an amended preliminary assessment if	3184
issued prior to March 1, 2006, and as apportioned to the taxing	3185
district for tax year 2005;	3186

(b) The value of electric company tangible personal property	3187
as assessed by the tax commissioner for tax year 2006 on a	3188
preliminary assessment, or an amended preliminary assessment if	3189
issued prior to March 1, 2007, and as apportioned to the taxing	3190
district for tax year 2006.	3191

(E) Not later than January 1, 2002, the tax commissioner	3192
shall determine for each taxing district its natural gas company	3193
tax value loss, which is the sum of the amounts described in	3194
divisions (E)(1) and (2) of this section:	3195

(1) The difference obtained by subtracting the amount	3196
described in division (E)(1)(b) from the amount described in	3197
division (E)(1)(a) of this section.	3198

(a) The value of all natural gas company tangible personal	3199
property, other than property described in division (E)(2) of this	3200
section, as assessed by the tax commissioner for tax year 1999 on	3201
a preliminary assessment, or an amended preliminary assessment if	3202
issued prior to March 1, 2000, and apportioned to the taxing	3203
district for tax year 1999;	3204

(b) The value of all natural gas company tangible personal	3205
property, other than property described in division (E)(2) of this	3206
section, as assessed by the tax commissioner for tax year 1999 had	3207
the property been apportioned to the taxing district for tax year	3208
2001, and assessed at the rates in effect for tax year 2001.	3209

(2) The difference in the value of current gas obtained by	3210
subtracting the amount described in division (E)(2)(b) from the	3211
amount described in division (E)(2)(a) of this section.	3212

(a) The three-year average assessed value of current gas as	3213
assessed by the tax commissioner for tax years 1997, 1998, and	3214
1999 on a preliminary assessment, or an amended preliminary	3215
assessment if issued prior to March 1, 2001, and as apportioned in	3216
the taxing district for those respective years;	3217

(b) The three-year average assessed value from current gas	3218
under division (E)(2)(a) of this section for tax years 1997, 1998,	3219
and 1999, as reflected in the preliminary assessment, using an	3220
assessment rate of twenty-five per cent.	3221

(F) The tax commissioner may request that natural gas	3222
companies, electric companies, and rural electric companies file a	3223
report to help determine the tax value loss under divisions (D)	3224
and (E) of this section. The report shall be filed within thirty	3225
days of the commissioner's request. A company that fails to file	3226
the report or does not timely file the report is subject to the	3227
penalty in section 5727.60 of the Revised Code.	3228

(G) Not later than January 1, 2002, the tax commissioner	3229
shall determine for each school district, joint vocational school	3230
district, and local taxing unit its fixed-rate levy loss, which is	3231
the sum of its electric company tax value loss multiplied by the	3232
tax rate in effect in tax year 1998 for fixed-rate levies and its	3233
natural gas company tax value loss multiplied by the tax rate in	3234
effect in tax year 1999 for fixed-rate levies.	3235

(H) Not later than January 1, 2002, the tax commissioner	3236
shall determine for each school district, joint vocational school	3237
district, and local taxing unit its fixed-sum levy loss, which is	3238
the amount obtained by subtracting the amount described in	3239
division (H)(2) of this section from the amount described in	3240
division (H)(1) of this section:	3241

(1) The sum of the electric company tax value loss multiplied	3242
by the tax rate in effect in tax year 1998, and the natural gas	3243
company tax value loss multiplied by the tax rate in effect in tax	3244
year 1999, for fixed-sum levies for all taxing districts within	3245
each school district, joint vocational school district, and local	3246
taxing unit. For the years 2002 through 2006, this computation	3247
shall include school district emergency levies that existed in	3248
1998 in the case of the electric company tax value loss, and 1999	3249
in the case of the natural gas company tax value loss, and all	3250
other fixed-sum levies that existed in 1998 in the case of the	3251
electric company tax value loss and 1999 in the case of the	3252
natural gas company tax value loss and continue to be charged in	3253
the tax year preceding the distribution year. For the years 2007	3254
through 2016 in the case of school district emergency levies, and	3255
for all years after 2006 in the case of all other fixed-sum	3256
levies, this computation shall exclude all fixed-sum levies that	3257
existed in 1998 in the case of the electric company tax value loss	3258
and 1999 in the case of the natural gas company tax value loss,	3259
but are no longer in effect in the tax year preceding the	3260
distribution year. For the purposes of this section, an emergency	3261
levy that existed in 1998 in the case of the electric company tax	3262
value loss, and 1999 in the case of the natural gas company tax	3263
value loss, continues to exist in a year beginning on or after	3264
January 1, 2007, but before January 1, 2017, if, in that year, the	3265
board of education levies a school district emergency levy for an	3266
annual sum at least equal to the annual sum levied by the board in	3267
tax year 1998 or 1999, respectively, less the amount of the	3268
payment certified under this division for 2002.	3269

(2) The total taxable value in tax year 1999 less the tax	3270
value loss in each school district, joint vocational school	3271
district, and local taxing unit multiplied by one-fourth of one	3272
mill.	3273

If the amount computed under division (H) of this section for	3274
any school district, joint vocational school district, or local	3275
taxing unit is greater than zero, that amount shall equal the	3276
fixed-sum levy loss reimbursed pursuant to division (F) of section	3277
5727.85 of the Revised Code or division (A)(2) of section 5727.86	3278
of the Revised Code, and the one-fourth of one mill that is	3279
subtracted under division (H)(2) of this section shall be	3280
apportioned among all contributing fixed-sum levies in the	3281
proportion of each levy to the sum of all fixed-sum levies within	3282
each school district, joint vocational school district, or local	3283
taxing unit.	3284

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	3285
section, in computing the tax value loss, fixed-rate levy loss,	3286
and fixed-sum levy loss, the tax commissioner shall use the	3287
greater of the 1998 tax rate or the 1999 tax rate in the case of	3288
levy losses associated with the electric company tax value loss,	3289
but the 1999 tax rate shall not include for this purpose any tax	3290
levy approved by the voters after June 30, 1999, and the tax	3291
commissioner shall use the greater of the 1999 or the 2000 tax	3292
rate in the case of levy losses associated with the natural gas	3293
company tax value loss.	3294

(J) Not later than January 1, 2002, the tax commissioner	3295
shall certify to the department of education the tax value loss	3296
determined under divisions (D) and (E) of this section for each	3297
taxing district, the fixed-rate levy loss calculated under	3298
division (G) of this section, and the fixed-sum levy loss	3299
calculated under division (H) of this section. The calculations	3300
under divisions (G) and (H) of this section shall separately	3301
display the levy loss for each levy eligible for reimbursement.	3302

(K) Not later than September 1, 2001, the tax commissioner	3303
shall certify the amount of the fixed-sum levy loss to the county	3304
auditor of each county in which a school district with a fixed-sum	3305
levy loss has territory.	3306

Section 2.  That existing sections 109.57, 109.572,	3307
3301.0714, 3310.02, 3310.03, 3310.06, 3310.51, 3317.03, and	3308
5727.84 and section 3310.05 of the Revised Code are hereby	3309
repealed.	3310

Section 3.  This act shall be known as the "Parental Choice	3311
and Taxpayer Savings Scholarship Act."	3312