As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 30

Representative Gardner 

Cosponsors: Representatives Wachtmann, Stautberg, Sears, Derickson, Brenner, Maag, Adams, J., Carey, Beck, Blair, Burke, Combs, Hottinger, Snitchler, Kozlowski, Grossman, Bubp, Stebelton, Ruhl, Blessing, Huffman, Baker, Hackett, McClain, Amstutz, Roegner, Henne, Young 

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A BILL

To amend sections 3301.07, 3301.16, 3302.05, 3302.07,

1

3306.01, 3306.02, 3306.05, 3306.06, 3306.07,

2

3306.08, 3306.09, 3306.091, 3306.10, 3313.489,

3

3316.031, 3316.043, 3316.08, 3321.01, 3321.05,

4

5705.391, and 5705.412 and to repeal sections

5

3306.18, 3306.25, 3306.29, 3306.291, 3306.292,

6

3306.30, 3306.31, 3306.33, 3306.34, 3306.35,

7

3306.40, 3313.821, 3313.822, and 3318.312 of the

8

Revised Code; and to repeal Section 265.70.70 of

9

Am. Sub. H.B. 1 of the 128th General Assembly and

10

Section 9 of Sub. H.B. 318 of the 128th General

11

Assembly to eliminate spending and reporting

12

requirements related to the school funding system,

13

to abolish the School Funding Advisory Council, to

14

eliminate the requirement that school districts

15

offer all-day kindergarten, to eliminate the

16

requirement that school districts establish family

17

and civic engagement teams, and to reduce to three

18

years the period covered by financial forecasts of

19

school districts, community schools, and STEM

20

schools.

21

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

Section 1.  That sections 3301.07, 3301.16, 3302.05, 3302.07,	22
3306.01, 3306.02, 3306.05, 3306.06, 3306.07, 3306.08, 3306.09,	23
3306.091, 3306.10, 3313.489, 3316.031, 3316.043, 3316.08, 3321.01,	24
3321.05, 5705.391, and 5705.412 be amended to read as follows:	25

Sec. 3301.07.  The state board of education shall exercise	26
under the acts of the general assembly general supervision of the	27
system of public education in the state. In addition to the powers	28
otherwise imposed on the state board under the provisions of law,	29
the board shall have the powers described in this section.	30

(A) The state board shall exercise policy forming, planning,	31
and evaluative functions for the public schools of the state	32
except as otherwise provided by law.	33

(B)(1) The state board shall exercise leadership in the	34
improvement of public education in this state, and administer the	35
educational policies of this state relating to public schools, and	36
relating to instruction and instructional material, building and	37
equipment, transportation of pupils, administrative	38
responsibilities of school officials and personnel, and finance	39
and organization of school districts, educational service centers,	40
and territory. Consultative and advisory services in such matters	41
shall be provided by the board to school districts and educational	42
service centers of this state.	43

(2) The state board also shall develop a standard of	44
financial reporting which shall be used by each school district	45
board of education and educational service center governing board	46
to make its financial information and annual budgets for each	47
school building under its control available to the public in a	48
format understandable by the average citizen. The format shall	49
show, among other things, at the district and educational service	50
center level or at the school building level, as determined	51
appropriate by the department of education, revenue by source;	52
expenditures for salaries, wages, and benefits of employees,	53
showing such amounts separately for classroom teachers, other	54
employees required to hold licenses issued pursuant to sections	55
3319.22 to 3319.31 of the Revised Code, and all other employees;	56
expenditures other than for personnel, by category, including	57
utilities, textbooks and other educational materials, equipment,	58
permanent improvements, pupil transportation, extracurricular	59
athletics, and other extracurricular activities; and per pupil	60
expenditures.	61

(C) The state board shall administer and supervise the	62
allocation and distribution of all state and federal funds for	63
public school education under the provisions of law, and may	64
prescribe such systems of accounting as are necessary and proper	65
to this function. It may require county auditors and treasurers,	66
boards of education, educational service center governing boards,	67
treasurers of such boards, teachers, and other school officers and	68
employees, or other public officers or employees, to file with it	69
such reports as it may prescribe relating to such funds, or to the	70
management and condition of such funds.	71

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	72
XLVII, and LI of the Revised Code a reference is made to standards	73
prescribed under this section or division (D) of this section,	74
that reference shall be construed to refer to the standards	75
prescribed under division (D)(2) of this section, unless the	76
context specifically indicates a different meaning or intent.	77

(2) The state board shall formulate and prescribe minimum	78
standards to be applied to all elementary and secondary schools in	79
this state for the purpose of requiring a general education of	80
high quality. Such standards shall provide adequately for: the	81
licensing of teachers, administrators, and other professional	82
personnel and their assignment according to training and	83
qualifications; efficient and effective instructional materials	84
and equipment, including library facilities; the proper	85
organization, administration, and supervision of each school,	86
including regulations for preparing all necessary records and	87
reports and the preparation of a statement of policies and	88
objectives for each school; buildings, grounds, health and	89
sanitary facilities and services; admission of pupils, and such	90
requirements for their promotion from grade to grade as will	91
assure that they are capable and prepared for the level of study	92
to which they are certified; requirements for graduation; and such	93
other factors as the board finds necessary.	94

In the formulation and administration of such standards for	95
nonpublic schools the board shall also consider the particular	96
needs, methods and objectives of those schools, provided they do	97
not conflict with the provision of a general education of a high	98
quality and provided that regular procedures shall be followed for	99
promotion from grade to grade of pupils who have met the	100
educational requirements prescribed.	101

In the formulation and administration of such standards as	102
they relate to instructional materials and equipment in public	103
schools, including library materials, the board shall require that	104
the material and equipment be aligned with and promote skills	105
expected under the statewide academic standards adopted under	106
section 3301.079 of the Revised Code.	107

(3) In addition to the minimum standards required by division	108
(D)(2) of this section, the state board shall formulate and	109
prescribe the following additional minimum operating standards for	110
school districts:	111

(a) Standards for the effective and efficient organization,	112
administration, and supervision of each school district so that it	113
becomes a thinking and learning organization according to	114
principles of systems design and collaborative professional	115
learning communities research as defined by the superintendent of	116
public instruction, including a focus on the personalized and	117
individualized needs of each student; a shared responsibility	118
among school boards, administrators, faculty, and staff to develop	119
a common vision, mission, and set of guiding principles; a shared	120
responsibility among school boards, administrators, faculty, and	121
staff to engage in a process of collective inquiry, action	122
orientation, and experimentation to ensure the academic success of	123
all students; commitment to teaching and learning strategies that	124
utilize technological tools and emphasize inter-disciplinary,	125
real-world, project-based, and technology-oriented learning	126
experiences to meet the individual needs of every student;	127
commitment to high expectations for every student and commitment	128
to closing the achievement gap so that all students achieve core	129
knowledge and skills in accordance with the statewide academic	130
standards adopted under section 3301.079 of the Revised Code;	131
commitment to the use of assessments to diagnose the needs of each	132
student; effective connections and relationships with families and	133
others that support student success; and commitment to the use of	134
positive behavior intervention supports throughout a district to	135
ensure a safe and secure learning environment for all students;	136

(b) Standards for the establishment of business advisory	137
councils and family and civic engagement teams by school districts	138
under sectionssection 3313.82, 3313.821, and 3313.822 of the	139
Revised Code;	140

(c) Standards incorporating the classifications for the	141
components of the adequacy amount under Chapter 3306. of the	142
Revised Code into core academic strategy components and academic	143
improvement components, as specified in rules adopted under	144
section 3306.25 of the Revised Code;	145

(d) Standards for school district organizational units, as	146
defined in sections 3306.02 and 3306.04 of the Revised Code, that	147
require:	148

(i) The effective and efficient organization, administration,	149
and supervision of each school district organizational unit so	150
that it becomes a thinking and learning organization according to	151
principles of systems design and collaborative professional	152
learning communities research as defined by the state	153
superintendent, including a focus on the personalized and	154
individualized needs of each student; a shared responsibility	155
among organizational unit administrators, faculty, and staff to	156
develop a common vision, mission, and set of guiding principles; a	157
shared responsibility among organizational unit administrators,	158
faculty, and staff to engage in a process of collective inquiry,	159
action orientation, and experimentation to ensure the academic	160
success of all students; commitment to job embedded professional	161
development and professional mentoring and coaching; established	162
periods of time for teachers to pursue planning time for the	163
development of lesson plans, professional development, and shared	164
learning; commitment to effective management strategies that allow	165
administrators reasonable access to classrooms for observation and	166
professional development experiences; commitment to teaching and	167
learning strategies that utilize technological tools and emphasize	168
inter-disciplinary, real-world, project-based, and	169
technology-oriented learning experiences to meet the individual	170
needs of every student; commitment to high expectations for every	171
student and commitment to closing the achievement gap so that all	172
students achieve core knowledge and skills in accordance with the	173
statewide academic standards adopted under section 3301.079 of the	174
Revised Code; commitment to the use of assessments to diagnose the	175
needs of each student; effective connections and relationships	176
with families and others that support student success; commitment	177
to the use of positive behavior intervention supports throughout	178
the organizational unit to ensure a safe and secure learning	179
environment for all students;	180

(ii) A school organizational unit leadership team to	181
coordinate positive behavior intervention supports, family and	182
civic engagement services, learning environments, thinking and	183
learning systems, collaborative planning, planning time, student	184
academic interventions, student extended learning opportunities,	185
and other activities identified by the team and approved by the	186
district board of education. The team shall include the building	187
principal, representatives from each collective bargaining unit,	188
the building lead teacher, parents, business representatives, and	189
others that support student success.	190

(E) The state board may require as part of the health	191
curriculum information developed under section 2108.34 of the	192
Revised Code promoting the donation of anatomical gifts pursuant	193
to Chapter 2108. of the Revised Code and may provide the	194
information to high schools, educational service centers, and	195
joint vocational school district boards of education;	196

(F) The state board shall prepare and submit annually to the	197
governor and the general assembly a report on the status, needs,	198
and major problems of the public schools of the state, with	199
recommendations for necessary legislative action and a ten-year	200
projection of the state's public and nonpublic school enrollment,	201
by year and by grade level.	202

(G) The state board shall prepare and submit to the director	203
of budget and management the biennial budgetary requests of the	204
state board of education, for its agencies and for the public	205
schools of the state.	206

(H) The state board shall cooperate with federal, state, and	207
local agencies concerned with the health and welfare of children	208
and youth of the state.	209

(I) The state board shall require such reports from school	210
districts and educational service centers, school officers, and	211
employees as are necessary and desirable. The superintendents and	212
treasurers of school districts and educational service centers	213
shall certify as to the accuracy of all reports required by law or	214
state board or state department of education rules to be submitted	215
by the district or educational service center and which contain	216
information necessary for calculation of state funding. Any	217
superintendent who knowingly falsifies such report shall be	218
subject to license revocation pursuant to section 3319.31 of the	219
Revised Code.	220

(J) In accordance with Chapter 119. of the Revised Code, the	221
state board shall adopt procedures, standards, and guidelines for	222
the education of children with disabilities pursuant to Chapter	223
3323. of the Revised Code, including procedures, standards, and	224
guidelines governing programs and services operated by county	225
boards of developmental disabilities pursuant to section 3323.09	226
of the Revised Code.	227

(K) For the purpose of encouraging the development of special	228
programs of education for academically gifted children, the state	229
board shall employ competent persons to analyze and publish data,	230
promote research, advise and counsel with boards of education, and	231
encourage the training of teachers in the special instruction of	232
gifted children. The board may provide financial assistance out of	233
any funds appropriated for this purpose to boards of education and	234
educational service center governing boards for developing and	235
conducting programs of education for academically gifted children.	236

(L) The state board shall require that all public schools	237
emphasize and encourage, within existing units of study, the	238
teaching of energy and resource conservation as recommended to	239
each district board of education by leading business persons	240
involved in energy production and conservation, beginning in the	241
primary grades.	242

(M) The state board shall formulate and prescribe minimum	243
standards requiring the use of phonics as a technique in the	244
teaching of reading in grades kindergarten through three. In	245
addition, the state board shall provide in-service training	246
programs for teachers on the use of phonics as a technique in the	247
teaching of reading in grades kindergarten through three.	248

(N) The state board may adopt rules necessary for carrying	249
out any function imposed on it by law, and may provide rules as	250
are necessary for its government and the government of its	251
employees, and may delegate to the superintendent of public	252
instruction the management and administration of any function	253
imposed on it by law. It may provide for the appointment of board	254
members to serve on temporary committees established by the board	255
for such purposes as are necessary. Permanent or standing	256
committees shall not be created.	257

Compliance(O) Upon application from the board of education	258
of a school district, the superintendent of public instruction may	259
issue a waiver exempting the district from compliance with the	260
standards adopted under divisions (B)(2) and (D) of this section,	261
as they relate to the operation of a school operated by a school	262
the district, may be waived by the state superintendent pursuant	263
to section 3306.40 of the Revised Code. The state board shall	264
adopt standards for the approval or disapproval of waivers under	265
this division. The state superintendent shall consider every	266
application for a waiver, and shall determine whether to grant or	267
deny a waiver in accordance with the state board's standards. For	268
each waiver granted, the state superintendent shall specify the	269
period of time during which the waiver is in effect, which shall	270
not exceed five years. A district board may apply to renew a	271
waiver.	272

Sec. 3301.16.  Pursuant to standards prescribed by the state	273
board of education as provided in division (D) of section 3301.07	274
of the Revised Code, the state board shall classify and charter	275
school districts and individual schools within each district	276
except that no charter shall be granted to a nonpublic school	277
unless the school complies with section 3313.612 of the Revised	278
Code.	279

In the course of considering the charter of a new school	280
district created under section 3311.26 or 3311.38 of the Revised	281
Code, the state board shall require the party proposing creation	282
of the district to submit to the board a map, certified by the	283
county auditor of the county in which the proposed new district is	284
located, showing the boundaries of the proposed new district. In	285
the case of a proposed new district located in more than one	286
county, the map shall be certified by the county auditor of each	287
county in which the proposed district is located.	288

The state board shall revoke the charter of any school	289
district or school which fails to meet the standards for	290
elementary and high schools as prescribed by the board. The state	291
board shall also revoke the charter of any nonpublic school that	292
does not comply with section 3313.612 of the Revised Code. The	293
state board may revoke the charter of any school district that	294
fails to meet the operating standards established under division	295
(D)(3) of section 3301.07 of the Revised Code.	296

In the issuance and revocation of school district or school	297
charters, the state board shall be governed by the provisions of	298
Chapter 119. of the Revised Code.	299

No school district, or individual school operated by a school	300
district, shall operate without a charter issued by the state	301
board under this section.	302

In case a school district charter is revoked pursuant to this	303
section, the state board may dissolve the school district and	304
transfer its territory to one or more adjacent districts. An	305
equitable division of the funds, property, and indebtedness of the	306
school district shall be made by the state board among the	307
receiving districts. The board of education of a receiving	308
district shall accept such territory pursuant to the order of the	309
state board. Prior to dissolving the school district, the state	310
board shall notify the appropriate educational service center	311
governing board and all adjacent school district boards of	312
education of its intention to do so. Boards so notified may make	313
recommendations to the state board regarding the proposed	314
dissolution and subsequent transfer of territory. Except as	315
provided in section 3301.161 of the Revised Code, the transfer	316
ordered by the state board shall become effective on the date	317
specified by the state board, but the date shall be at least	318
thirty days following the date of issuance of the order.	319

A high school is one of higher grade than an elementary	320
school, in which instruction and training are given in accordance	321
with sections 3301.07 and 3313.60 of the Revised Code and which	322
also offers other subjects of study more advanced than those	323
taught in the elementary schools and such other subjects as may be	324
approved by the state board of education.	325

An elementary school is one in which instruction and training	326
are given in accordance with sections 3301.07 and 3313.60 of the	327
Revised Code and which offers such other subjects as may be	328
approved by the state board of education. In districts wherein a	329
junior high school is maintained, the elementary schools in that	330
district may be considered to include only the work of the first	331
six school years inclusive, plus the kindergarten year.	332

A high school or an elementary school may consist of less	333
than one or more than one organizational unit, as defined in	334
sections 3306.02 and 3306.04 of the Revised Code.	335

Sec. 3302.05.  The state board of education shall adopt rules	336
freeing school districts declared to be excellent under division	337
(B)(1) or effective under division (B)(2) of section 3302.03 of	338
the Revised Code from specified state mandates. Any mandates	339
included in the rules shall be only those statutes or rules	340
pertaining to state education requirements. The rules shall not	341
exempt districts from any standard or requirement of Chapter 3306.	342
section 3306.09 of the Revised Code or from any operating standard	343
adopted under division (D)(3) of section 3301.07 of the Revised	344
Code.	345

Sec. 3302.07.  (A) The board of education of any school	346
district, the governing board of any educational service center,	347
or the administrative authority of any chartered nonpublic school	348
may submit to the state board of education an application	349
proposing an innovative education pilot program the implementation	350
of which requires exemptions from specific statutory provisions or	351
rules. If a district or service center board employs teachers	352
under a collective bargaining agreement adopted pursuant to	353
Chapter 4117. of the Revised Code, any application submitted under	354
this division shall include the written consent of the teachers'	355
employee representative designated under division (B) of section	356
4117.04 of the Revised Code. The exemptions requested in the	357
application shall be limited to any requirement of Title XXXIII of	358
the Revised Code or of any rule of the state board adopted	359
pursuant to that title except that the application may not propose	360
an exemption from any requirement of or rule adopted pursuant to	361
section 3306.09, Chapter 3307. or 3309., sections 3319.07 to	362
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an	363
exemption from any standard or requirement of Chapter 3306. or	364
from any operating standard adopted under division (D)(3) of	365
section 3301.07 of the Revised Code shall be granted only pursuant	366
to a waiver granted by the superintendent of public instruction	367
under division (O) of that section 3306.40 of the Revised Code.	368

(B) The state board of education shall accept any application	369
submitted in accordance with division (A) of this section. The	370
superintendent of public instruction shall approve or disapprove	371
the application in accordance with standards for approval, which	372
shall be adopted by the state board.	373

(C) The superintendent of public instruction shall exempt	374
each district or service center board or chartered nonpublic	375
school administrative authority with an application approved under	376
division (B) of this section for a specified period from the	377
statutory provisions or rules specified in the approved	378
application. The period of exemption shall not exceed the period	379
during which the pilot program proposed in the application is	380
being implemented and a reasonable period to allow for evaluation	381
of the effectiveness of the program.	382

Sec. 3306.01.  This chapter shall be administered by the	383
state board of education. The superintendent of public instruction	384
shall calculate the amounts payable to each school district and	385
shall certify the amounts payable to each eligible district to the	386
treasurer of the district as determined under this chapter. As	387
soon as possible after such amounts are calculated, the	388
superintendent shall certify to the treasurer of each school	389
district the district's adjusted charge-off increase, as defined	390
in section 5705.211 of the Revised Code. No moneys shall be	391
distributed pursuant to this chapter without the approval of the	392
controlling board.	393

The state board of education shall, in accordance with	394
appropriations made by the general assembly, meet the financial	395
obligations of this chapter.	396

Annually, the department of education shall calculate and	397
report to each school district the district's adequacy amount	398
utilizing the calculations in sections 3306.03 and 3306.13 of the	399
Revised Code. The department shall calculate and report separately	400
for each school district the district's total state and local	401
funds for its students with disabilities, utilizing the	402
calculations in sections 3306.05, 3306.11, and 3306.13 of the	403
Revised Code. The department shall calculate and report separately	404
for each school district the amount of funding calculated for each	405
factor of the district's adequacy amount.	406

Not later than the thirty-first day of August of each fiscal	407
year, the department of education shall provide to each school	408
district a preliminary estimate of the amount of funding that the	409
department calculates the district will receive under section	410
3306.13 of the Revised Code. Not later than the first day of	411
December of each fiscal year, the department shall update that	412
preliminary estimate.	413

Moneys distributed pursuant to this chapter shall be	414
calculated and paid on a fiscal year basis, beginning with the	415
first day of July and extending through the thirtieth day of June.	416
Unless otherwise provided, the moneys appropriated for each fiscal	417
year shall be distributed at least monthly to each school	418
district. The state board shall submit a yearly distribution plan	419
to the controlling board at its first meeting in July. The state	420
board shall submit any proposed midyear revision of the plan to	421
the controlling board in January. Any year-end revision of the	422
plan shall be submitted to the controlling board in June. If	423
moneys appropriated for each fiscal year are distributed other	424
than monthly, such distribution shall be on the same basis for	425
each school district.	426

The total amounts paid each month shall constitute, as nearly	427
as possible, one-twelfth of the total amount payable for the	428
entire year.	429

Payments shall be calculated to reflect the reporting of	430
formula ADM. Annualized periodic payments for each school district	431
shall be based on the district's final student counts verified by	432
the superintendent of public instruction based on reports under	433
section 3317.03 of the Revised Code, as adjusted, if so ordered,	434
under division (K) of that section.	435

(A) Except as otherwise provided, payments under this chapter	436
shall be made only to those school districts that comply with	437
divisions (A)(1) to (3) of this section.	438

(1) Each city, exempted village, and local school district	439
shall levy for current operating expenses at least twenty mills.	440
Levies for joint vocational or cooperative education school	441
districts or county school financing districts, limited to or to	442
the extent apportioned to current expenses, shall be included in	443
this qualification requirement. School district income tax levies	444
under Chapter 5748. of the Revised Code, limited to or to the	445
extent apportioned to current operating expenses, shall be	446
included in this qualification requirement to the extent	447
determined by the tax commissioner under division (D) of section	448
3317.021 of the Revised Code.	449

(2) Each city, exempted village, local, and joint vocational	450
school district, during the school year next preceding the fiscal	451
year for which payments are calculated under this chapter, shall	452
meet the requirement of section 3313.48 or 3313.481 of the Revised	453
Code, with regard to the minimum number of days or hours school	454
must be open for instruction with pupils in attendance, for	455
individualized parent-teacher conference and reporting periods,	456
and for professional meetings of teachers. The superintendent of	457
public instruction shall waive a number of days in accordance with	458
section 3317.01 of the Revised Code on which it had been necessary	459
for a school to be closed because of disease epidemic, hazardous	460
weather conditions, inoperability of school buses or other	461
equipment necessary to the school's operation, damage to a school	462
building, or other temporary circumstances due to utility failure	463
rendering the school building unfit for school use.	464

A school district shall not be considered to have failed to	465
comply with this division or section 3313.481 of the Revised Code	466
because schools were open for instruction but either twelfth grade	467
students were excused from attendance for up to three days or only	468
a portion of the kindergarten students were in attendance for up	469
to three days in order to allow for the gradual orientation to	470
school of such students.	471

The superintendent of public instruction shall waive the	472
requirements of this section with reference to the minimum number	473
of days or hours a school must be open for instruction with pupils	474
in attendance for the school year succeeding the school year in	475
which a board of education initiates a plan of operation pursuant	476
to section 3313.481 of the Revised Code. The minimum requirements	477
of this section shall again be applicable to the district	478
beginning with the school year commencing the second July	479
succeeding the initiation of the plan, and for each school year	480
thereafter.	481

A school district shall not be considered to have failed to	482
comply with this division or section 3313.48 or 3313.481 of the	483
Revised Code because schools were open for instruction but the	484
length of the regularly scheduled learning day, for any number of	485
days during the school year, was reduced by not more than two	486
hours due to hazardous weather conditions.	487

(3) Each city, exempted village, local, and joint vocational	488
school district shall have on file, and shall pay in accordance	489
with, a teachers' salary schedule which complies with section	490
3317.13 of the Revised Code.	491

(B) A school district board of education or educational	492
service center governing board that has not conformed with other	493
law, and the rules pursuant thereto, shall not participate in the	494
distribution of funds authorized by this chapter, except for good	495
and sufficient reason established to the satisfaction of the state	496
board of education and the state controlling board.	497

(C) All funds allocated to school districts under this	498
chapter, except those specifically allocated for other purposes,	499
shall be used only to pay current operating expenses or for either	500
of the following purposes:	501

(1) The modification or purchase of classroom space to	502
provide all-day kindergarten as required by section 3321.05 of the	503
Revised Code, provided the district certifies its shortage of	504
space for providing all-day kindergarten to the department of	505
education, in a manner specified by the department;	506

(2) The modification or purchase of classroom space to reduce	507
class sizes in grades kindergarten through three to attain the	508
goal of fifteen students per core teacher, provided the district	509
certifies its need for additional classroom space to the	510
department, in a manner specified by the department.	511

(D) On or before the last day of each month, the department	512
of education shall certify to the director of budget and	513
management for payment, for each county:	514

(1)(a) That portion of the allocation of money under section	515
3306.13 of the Revised Code that is required to be paid in that	516
month to each school district located wholly within the county	517
subsequent to the deductions described in division (D)(1)(b) of	518
this section;	519

(b) The amounts deducted from such allocation under sections	520
3307.31 and 3309.51 of the Revised Code for payment directly to	521
the school employees and state teachers retirement systems under	522
such sections.	523

(2) If the district is located in more than one county, an	524
apportionment of the amounts that would otherwise be certified	525
under division (D)(1) of this section. The amounts apportioned to	526
the county shall equal the amounts certified under division (D)(1)	527
of this section times the percentage of the district's resident	528
pupils who reside both in the district and in the county, based on	529
the average daily membership reported under division (A) of	530
section 3317.03 of the Revised Code in October of the prior fiscal	531
year.	532

Sec. 3306.02.  As used in this chapter:

533

(A) "Adequacy amount" means the amount described in section	534
3306.03 of the Revised Code.	535

(B) "Building manager" means a person who supervises the	536
administrative (non-curricular, non-instructional) functions of	537
school operation so that a school principal can focus on	538
supporting instruction, providing instructional leadership, and	539
engaging teachers as part of the instructional leadership team. A	540
building manager may be, but is not required to be, a licensed	541
educator under section 3319.22 of the Revised Code.	542

(C) "Career-technical education teacher" means an education	543
professional who holds a valid license to provide specialized	544
instruction in career and technical courses.	545

(D)(1) "Category one special education ADM" means a school	546
district's formula ADM of children whose primary or only	547
identified disability is a speech and language disability, as this	548
term is defined pursuant to Chapter 3323. of the Revised Code.	549
Beginning in fiscal year 2010, for any school district for which	550
formula ADM means the number verified in the previous fiscal year,	551
the category one special education ADM also shall be as verified	552
from the previous year.	553

(2) "Category two special education ADM" means a school	554
district's formula ADM of children identified as specific learning	555
disabled or developmentally disabled, as these terms are defined	556
pursuant to Chapter 3323. of the Revised Code, or as having an	557
other health impairment-minor, as defined in this section.	558
Beginning in fiscal year 2010, for any school district for which	559
formula ADM means the number verified in the previous fiscal year,	560
the category two special education ADM also shall be as verified	561
from the previous year.	562

(3) "Category three special education ADM" means a school	563
district's formula ADM of children identified as hearing disabled	564
or severe behavior disabled, as these terms are defined pursuant	565
to Chapter 3323. of the Revised Code. Beginning in fiscal year	566
2010, for any school district for which formula ADM means the	567
number verified in the previous fiscal year, the category three	568
special education ADM also shall be as verified from the previous	569
year.	570

(4) "Category four special education ADM" means a school	571
district's formula ADM of children identified as vision impaired,	572
as this term is defined pursuant to Chapter 3323. of the Revised	573
Code, or as having an other health impairment-major, as defined in	574
this section. Beginning in fiscal year 2010, for any school	575
district for which formula ADM means the number verified in the	576
previous fiscal year, the category four special education ADM also	577
shall be as verified from the previous year.	578

(5) "Category five special education ADM" means a school	579
district's formula ADM of children identified as orthopedically	580
disabled or as having multiple disabilities, as these terms are	581
defined pursuant to Chapter 3323. of the Revised Code. Beginning	582
in fiscal year 2010, for any school district for which formula ADM	583
means the number verified in the previous fiscal year, the	584
category five special education ADM also shall be as verified from	585
the previous year.	586

(6) "Category six special education ADM" means a school	587
district's formula ADM of children identified as autistic, having	588
traumatic brain injuries, or as both visually and hearing	589
impaired, as these terms are defined pursuant to Chapter 3323. of	590
the Revised Code. Beginning in fiscal year 2010, for any school	591
district for which formula ADM means the number verified in the	592
previous fiscal year, the category six special education ADM also	593
shall be as verified from the previous year.	594

(E) "Class one effective operating tax rate" of a school	595
district means the quotient obtained by dividing the district's	596
class one taxes charged and payable for current expenses,	597
excluding taxes levied under sections 5705.194 to 5705.197,	598
5705.199, 5705.213, and 5705.219 of the Revised Code, by the	599
district's class one taxable value.	600

(F) "Core teacher" means an education professional who	601
provides instruction in English-language arts, mathematics,	602
science, social studies, or foreign languages.	603

(G) "Counselor" means a person with a valid educator license	604
issued pursuant to section 3319.22 of the Revised Code who	605
provides pre-college and career counseling, general academic	606
counseling, course planning, and other counseling services that	607
are not related to a student's individualized education plan, as	608
defined in section 3323.01 of the Revised Code.	609

(H)(1) "Formula ADM" means, for a city, local, or exempted	610
village school district, the average daily membership described in	611
division (A) of section 3317.03 of the Revised Code, as verified	612
by the superintendent of public instruction and adjusted if so	613
ordered under division (K) of that section, further adjusted by	614
the department of education, as follows:	615

(a) Count only twenty per cent of the number of joint	616
vocational school district students counted under division (A)(3)	617
of section 3317.03 of the Revised Code;	618

(b) Add twenty per cent of the number of students who are	619
entitled to attend school in the district under section 3313.64 or	620
3313.65 of the Revised Code and are enrolled in another school	621
district under a career-technical educational compact.	622

(2) In making calculations under this chapter that utilize	623
formula ADM, the department shall use the formula ADM derived from	624
the final, verified, and adjusted average daily membership	625
described under division (A) of section 3317.03 of the Revised	626
Code for the prior fiscal year, unless such average daily	627
membership for the current fiscal year exceeds that number by two	628
per cent or more. In that case, the department shall derive the	629
formula ADM from such average daily membership for the current	630
fiscal year.	631

(3) For fiscal year 2010, the department shall calculate	632
formula ADM on the basis of the final, verified, and adjusted	633
average daily membership, described in division (A) of the version	634
of section 3317.03 of the Revised Code in effect on and after the	635
effective date of this amendmentJuly 17, 2009, for October 2008	636
unless such average daily membership for October 2009 exceeds that	637
number by two per cent or more. In that case, the department shall	638
derive the formula ADM from such average daily membership for	639
October 2009.	640

(I) "Gifted coordinator" means a person who holds a valid	641
educator license issued under section 3319.22 of the Revised Code,	642
meets the qualifications for a gifted coordinator specified in the	643
operating standards for identifying and serving gifted students	644
prescribed in rules adopted by the state board of education, and	645
provides coordination services for gifted students in accordance	646
with those standards.	647

(J) "Gifted intervention specialist" means a person who holds	648
a valid gifted intervention specialist license or endorsement	649
issued under section 3319.22 of the Revised Code and serves gifted	650
students in accordance with the operating standards for	651
identifying and serving gifted students prescribed in rules	652
adopted by the state board of education.	653

(K) "Internet- or computer-based community school" has the	654
same meaning as in section 3314.02 of the Revised Code.	655

(L) "Lead teacher" means a teacher who provides mentoring and	656
coaching for new teachers. A lead teacher also assists in	657
coordinating professional development activities, in the	658
development of professional learning communities, and in common	659
planning time, and assists teachers in developing project-based,	660
real-world learning activities for their students. The lead	661
teacher position shall be a rotating position in which an	662
individual shall serve no more than three years. After lead	663
teacher licenses become available under section 3319.22 of the	664
Revised Code, only teachers who hold that license shall be	665
appointed as lead teachers. Until that time, each school district	666
shall designate qualifications for the lead teacher position that	667
are comparable to the licensing requirements, and shall give	668
preference for appointment to the position to teachers who are	669
certified by the national board for professional teaching	670
standards or who meet the qualifications for a "master teacher"	671
established by the educator standards board.	672

(M) "Limited English proficiency teacher" means a person who	673
provides instruction in English as a second language.	674

(N) "Medically fragile child" means a child to whom all of	675
the following apply:	676

(1) The child requires the services of a doctor of medicine	677
or osteopathic medicine at least once a week due to the	678
instability of the child's medical condition.	679

(2) The child requires the services of a registered nurse on	680
a daily basis.	681

(3) The child is at risk of institutionalization in a	682
hospital, skilled nursing facility, or intermediate care facility	683
for the mentally retarded.	684

(O) "Ohio educational challenge factor" means an index to	685
adjust the funding amount for each school district to account for	686
student and community socioeconomic factors affecting teacher	687
recruitment and retention, professional development, and other	688
factors related to quality instruction. The Ohio educational	689
challenge factor for each school district includes the district's	690
college attainment rate of population, wealth per pupil, and	691
concentration of poverty, and is listed in section 3306.051 of the	692
Revised Code.	693

(P) "Organizational unit" means, for the purpose of	694
calculating a school district's adequacy amount under this	695
chapter, a unit used to index a school district's formula ADM in	696
certain grade levels. Calculating the number of organizational	697
units in a school district functions to allocate the state's	698
resources in a manner that achieves a thorough, efficient, and	699
adequate educational system that provides the appropriate services	700
to students enrolled in that district. In recognition of the fact	701
that students have different educational needs at each	702
developmental stage, organizational units group the grade levels	703
into elementary school units, middle school units, and high school	704
units. Except as provided in division (C) of section 3306.04 of	705
the Revised Code, a school district's "organizational units" is	706
the sum of its elementary school units, middle school units, and	707
high school units.	708

(Q) A child may be identified as having an "other health	709
impairment-major" if the child's condition meets the definition of	710
"other health impaired" established in rules adopted by the state	711
board of education prior to July 1, 2001, and if either of the	712
following applyapplies:	713

(1) The child is identified as having a medical condition	714
that is among those listed by the superintendent of public	715
instruction as conditions where a substantial majority of cases	716
fall within the definition of "medically fragile child."	717

(2) The child is determined by the superintendent of public	718
instruction to be a medically fragile child. A school district may	719
petition the superintendent of public instruction for a	720
determination that a child is a medically fragile child.	721

(R) A child may be identified as having an "other health	722
impairment-minor" if the child's condition meets the definition of	723
"other health impaired" established in rules adopted by the state	724
board of education prior to July 1, 2001, but the child's	725
condition does not meet either of the conditions specified in	726
division (Q)(1) or (2) of this section.	727

(S) "Potential value" of a school district means:

728

(1) For a district with a class one effective operating rate	729
that is less than twenty and one-tenth effective mills, the sum of	730
its total taxable value plus its tax exempt value;	731

(2) For a district with a class one effective operating rate	732
that is greater than or equal to twenty and one-tenth effective	733
mills, the sum of its recognized valuation plus its tax exempt	734
value.	735

(T) "Principal" means a person who provides management	736
oversight of building operations, academic leadership for the	737
teaching professionals, and other administrative duties.	738

(U) "Property exemption value" means the amount certified for	739
a school district under divisions (A)(6) and (7) of section	740
3317.021 of the Revised Code.	741

(V) "Recognized valuation" means the amount calculated for a	742
school district pursuant to section 3317.015 of the Revised Code.	743

(W) "School nurse wellness coordinator" means a person who	744
has fulfilled the requirements for the issuance of a school nurse	745
wellness coordinator license under section 3319.221 of the Revised	746
Code.	747

(X) "Small school district" means a city, local, or exempted	748
village school district that has a formula ADM of less than four	749
hundred eighteen students in grades kindergarten through twelve.	750

(Y) "Special education" has the same meaning as in section	751
3323.01 of the Revised Code.	752

(Z) "Special education teacher" means a teacher who holds the	753
necessary license issued pursuant to section 3319.22 of the	754
Revised Code to meet the unique needs of children with	755
disabilities.	756

(AA) "Special education teacher's aide" means a person	757
providing support for special education teachers and other	758
associated duties.	759

(BB) "Specialist teacher" means a person holding a valid	760
educator's license, issued pursuant to section 3319.22 of the	761
Revised Code, who provides instruction in dance, drama and	762
theater, music, visual art, or physical education.	763

(CC) "State share percentage" means the quotient of a school	764
district's state share of the adequacy amount determined under	765
section 3306.13 of the Revised Code divided by the total adequacy	766
amount for the district as described in section 3306.03 of the	767
Revised Code. If the quotient is a negative number, the district's	768
state share percentage is zero.	769

(DD) "Family and community liaisons" means individuals who	770
provide assistance to students and their families, individuals who	771
are linkage coordinators as described in section 3306.31 of the	772
Revised Code, and may include individuals who hold valid licenses	773
as family liaisons, social workers, and student advocates.	774

(EE) "Supplemental teacher" means a person holding a valid	775
educator license issued pursuant to section 3319.22 of the Revised	776
Code, or qualified to secure such a license and approved by the	777
school district to provide remedial services, intensive	778
subject-based instruction, homework help, or other forms of	779
supplemental instruction.	780

(FF) "Targeted poverty indicator" means the percentage of a	781
school district's students who are economically disadvantaged, as	782
determined for purposes of the report card issued under section	783
3302.03 of the Revised Code.	784

(GG) "Tax exempt value" of a school district means the amount	785
certified for a school district under division (A)(4) of section	786
3317.021 of the Revised Code.	787

(HH) "Total taxable value" means the sum of the amounts	788
certified for a school district under divisions (A)(1) and (2) of	789
section 3317.021 of the Revised Code.	790

Sec. 3306.05.  (A) The instructional services support	791
component of the adequacy amount for each city, local, and	792
exempted village school district is the sum of the following:	793

(1) The core teacher factor;

794

(2) The specialist teacher factor;

795

(3) The lead teacher factor;

796

(4) The special education teacher factor;

797

(5) The special education teacher's aide factor;

798

(6) The limited English proficiency teacher factor;

799

(7) The supplemental teacher factor.

800

(B) Each factor listed in division (A) of this section shall	801
be calculated by multiplying the Ohio educational challenge	802
factor, specified for the district in section 3306.051 of the	803
Revised Code, times the statewide base teacher salary of $56,902	804
in fiscal year 2010 and $57,812 in fiscal year 2011, times the	805
number of positions funded, as follows:	806

(1) The number of core teacher positions funded shall be	807
calculated by dividing the district's formula ADM in grades four	808
to twelve by twenty-five, and then adding that number to the	809
quotient of the district's formula ADM in grades kindergarten to	810
three divided by the following:	811

(a) In fiscal years 2010 and 2011, nineteen;

812

(b) In fiscal years 2012 and 2013, seventeen;

813

(c) In fiscal year 2014 and in each fiscal year thereafter,	814
fifteen.	815

(2) The number of specialist teacher positions funded shall	816
be calculated by multiplying the number of core teacher positions	817
determined under division (B)(1) of this section for grades	818
kindergarten to eight by one-fifth, and by multiplying the number	819
of core teacher positions determined for grades nine to twelve by	820
one-fourth.	821

(3) The number of lead teacher positions funded shall equal	822
the number of the district's organizational units.	823

(4) The number of special education teacher positions and	824
special education teacher's aide positions funded shall be	825
calculated as provided in section 3306.11 of the Revised Code.	826

(5) The number of limited English proficiency teacher	827
positions funded shall be calculated by multiplying the district's	828
formula ADM times the district's percentage of limited English	829
proficient students, as defined in 20 U.S.C. 7801, and then	830
dividing that product by one hundred;	831

(6) The number of supplemental teacher positions funded shall	832
be calculated by multiplying the district's formula ADM times its	833
targeted poverty indicator, and then dividing that product by one	834
hundred.	835

(C) Each school district shall account separately for	836
expenditures of the amounts received for instructional services	837
support under this section and report that information to the	838
department of education.	839

Sec. 3306.06.  (A) The additional services support component	840
of the adequacy amount for each city, local, and exempted village	841
school district is the sum of the following:	842

(1) The family and community liaison factor;

843

(2) The counselor factor;

844

(3) The summer remediation factor;

845

(4) The school nurse wellness coordinator factor;

846

(5) The district health professional factor.

847

(B)(1) The family and community liaison factor shall be	848
calculated by multiplying the school district's formula ADM times	849
its targeted poverty indicator and dividing the product by	850
seventy-five, and then multiplying the quotient by the product of	851
the applicable Ohio educational challenge factor times $38,633, in	852
fiscal year 2010, and times $39,381, in fiscal year 2011.	853

(2) The counselor factor shall be calculated by dividing the	854
district's formula ADM for grades six to twelve by two hundred	855
fifty, and then multiplying the quotient by a dollar amount for	856
each fiscal year established by law. No counselor factor shall be	857
calculated and paid for fiscal years 2010 and 2011.	858

(3) The summer remediation program factor shall be calculated	859
by multiplying the district's formula ADM times its targeted	860
poverty indicator times fifty per cent, which represents the	861
anticipated participation rate, dividing that product by thirty,	862
which is the assumed student-to-teacher ratio for summer	863
remediation, and multiplying that quotient by the product of	864
$3,000 times the applicable Ohio educational challenge factor.	865

(4) The school nurse wellness coordinator factor shall be	866
calculated by multiplying the number of the district's	867
organizational units times a dollar amount for each fiscal year	868
established by law, except that in a small school district, the	869
school nurse wellness coordinator factor shall be zero. No school	870
nurse wellness coordinator factor shall be calculated and paid for	871
fiscal years 2010 and 2011.	872

(5) The district health professional factor for each district	873
equals a dollar amount specified by law for each fiscal year. No	874
district health professional factor shall be calculated and paid	875
for fiscal years 2010 and 2011.	876

(C) In adopting expenditure and reporting standards under	877
section 3306.25 of the Revised Code, the superintendent of public	878
instruction shall include standards that encourage school	879
districts to give preference to employing or obtaining the	880
services of licensed school nurses with funds received for the	881
school nurse wellness coordinator factor and the district health	882
professional factor.	883

(D) Each school district shall account separately for	884
expenditures of the amounts received for additional services	885
support under this section and report that information to the	886
department of education.	887

Sec. 3306.07.  (A) The administrative services support	888
component of the adequacy amount for each city, local, and	889
exempted village school district is the sum of the following:	890

(1) The district administration factor;

891

(2) The principal factor;

892

(3) The administrative support personnel factor;

893

(B)(1) The district administration factor equals $187,176 in	894
fiscal year 2010 and $190,801 in fiscal year 2011.	895

(2) The principal factor shall be calculated by multiplying	896
the number of the district's organizational units times $89,563 in	897
fiscal year 2010 and $91,297 in fiscal year 2011. However, each	898
type 1 or type 2 school district shall receive for a principal	899
factor an amount not less than the applicable dollar amount	900
specified in this paragraph times the number of school buildings	901
in the district for which the department of education issued a	902
report card under section 3302.03 of the Revised Code for the	903
prior school year. As used in this division, "type 1 school	904
district" means a school district characterized as a type 1	905
(rural/agricultural, high poverty, low median income) district,	906
and "type 2 school district" means a school district characterized	907
as a type 2 (rural/agricultural, small student population, low	908
poverty, low to moderate median income), in the typology of	909
districts published by the department in July 2007.	910

(3) The administrative support personnel factor is funding	911
determined for building managers, secretaries, and	912
noninstructional aides.	913

(a) The funding for building managers shall be calculated by	914
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	915
2011 times the number of the district's organizational units.	916

(b) The funding for secretaries shall be calculated by	917
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year	918
2011 times the number of the district's organizational units,	919
where two additional secretaries shall be funded for each high	920
school organizational unit.	921

(c) The funding for noninstructional aides shall be a dollar	922
amount set by law for each fiscal year times the number of the	923
district's organizational units, where the organizational units	924
are multiplied by two in the case of elementary school and middle	925
school organizational units and by three in case of high school	926
organizational units.	927

However, each small school district shall receive funding for	928
one building manager, one secretary, and one noninstructional	929
aide. Every other city, local, and exempted village school	930
district shall receive funding for at least one building manager,	931
one secretary, and one noninstructional aide.	932

No funding shall be calculated and paid for noninstructional	933
aides for fiscal years 2010 and 2011.	934

(C) Each school district shall account separately for the	935
amounts received for administrative services support under this	936
section and report that information to the department of	937
education.	938

Sec. 3306.08. (A) The operations and maintenance support	939
component of the adequacy amount for each city, local, and	940
exempted village school district shall be calculated by	941
multiplying the district's formula ADM times $884.	942

(B) The operations and maintenance support for each city,	943
local, and exempted village school district shall be adjusted by	944
multiplying the calculated amount by 0.45 in fiscal years 2010 and	945
2011, and by 0.75 in fiscal years 2012 and 2013.	946

(C) Each school district shall account separately for	947
expenditures of the amounts received for operations and	948
maintenance support under this section and report that information	949
to the department of education.	950

Sec. 3306.09.  (A) The gifted education support component of	951
the adequacy amount for each city, local, and exempted village	952
school district is the sum of the following:	953

(1) The gifted identification factor;

954

(2) The gifted coordinator factor;

955

(3) The gifted intervention specialist factor;

956

(4) The gifted intervention specialist professional	957
development factor.	958

(B)(1) The gifted identification factor shall be calculated	959
by multiplying the district's formula ADM times $5.	960

(2) The gifted coordinator factor shall be calculated by	961
multiplying $66,375 in fiscal year 2010 and $67,660 in fiscal year	962
2011 times the quotient of the district's formula ADM divided by	963
two thousand five hundred.	964

(3) The gifted intervention specialist factor shall be	965
calculated by multiplying the number of the district's	966
organizational units times the Ohio educational challenge factor	967
specified for the district in section 3306.051 of the Revised Code	968
times the statewide base teacher salary specified in section	969
3306.05 of the Revised Code.	970

(4) The gifted intervention specialist professional	971
development factor shall be calculated by multiplying the number	972
of the district's organizational units times the	973
per-teaching-position dollar amount specified for the professional	974
development factor in division (A)(7) of section 3306.03 of the	975
Revised Code.	976

(C) The gifted intervention specialist factor and the gifted	977
intervention specialist professional development factor for each	978
city, local, and exempted village school district, shall be	979
adjusted by multiplying the calculated amount by 0.20 in fiscal	980
year 2010, by 0.30 in fiscal year 2011, by 0.40 in fiscal years	981
2012 and 2013, by 0.60 in fiscal years 2014 and 2015, and by 0.80	982
in fiscal years 2016 and 2017.	983

(D) A school district that does not submit an annual report	984
under section 3324.05 of the Revised Code, or that reports zero	985
students identified as gifted, shall receive zero funding for the	986
gifted coordinator factor, the gifted intervention specialist	987
factor, and the gifted intervention specialist professional	988
development factor.	989

(E) Each school district shall expend the funds calculated	990
under the gifted education support component in accordance with	991
rules adopted under section 3306.25 of the Revised Codeby the	992
state board of education. Those rules shall require that such	993
funds be spent only for the employment of staff to serve students	994
identified as gifted, in accordance with Chapter 3324. of the	995
Revised Code, or for other services to such students. The rules	996
shall be aligned with the operating standards for identifying and	997
serving gifted students prescribed in rules adopted by the state	998
board of education. Notwithstanding anything to the contrary in	999
section 3306.25 of the Revised Code, theThe rules regarding the	1000
expenditure and reporting of funds for the gifted education	1001
support component adopted under thatthis section shall take	1002
effect July 1, 2011.	1003

Subject to approval by the department of education, a school	1004
district may use up to fifteen per cent of the portion of the	1005
gifted intervention specialist factor attributable to the grade	1006
six through twelve formula ADM to support access to services	1007
provided by the district that are not services described in	1008
Chapter 3324. of the Revised Code but are specified in gifted	1009
students' written education plans prepared in accordance with the	1010
state board's operating standards for identifying and serving	1011
gifted students.	1012

(F) Each school district shall account separately for	1013
expenditures of the amounts received for gifted identification,	1014
gifted coordinators, gifted intervention specialists, and gifted	1015
intervention specialist professional development under this	1016
section and report that information to the department of	1017
education.	1018

(G)(1) Each city, local, and exempted village school district	1019
that received for fiscal year 2009 unit funding for gifted student	1020
services under division (L) of section 3317.024 and division (E)	1021
of section 3317.05 of the Revised Code, as those sections existed	1022
for that fiscal year, shall spend in each fiscal year thereafter	1023
for services to identified gifted students from the funds received	1024
under this chapter an amount not less than the aggregate amount	1025
received for such gifted unit funding for fiscal year 2009.	1026

(2) Each city, local, and exempted village school district	1027
that, in fiscal year 2009, received gifted student services from	1028
an educational service center, which service center received for	1029
fiscal year 2009 unit funding for gifted student services, shall	1030
in each fiscal year thereafter do either of the following:	1031

(a) Obtain gifted student services from an educational	1032
service center that are comparable to the gifted student services	1033
provided to the district with gifted unit funding in fiscal year	1034
2009 by an educational service center;	1035

(b) Spend for services to identified gifted students from the	1036
funds received under this chapter an amount not less than the	1037
amount of gifted unit funding expended by an educational service	1038
center in fiscal year 2009 for the district's students.	1039

(3) No district to which division (G)(1) or (2) of this	1040
section applies shall apply for or receive a waiver under section	1041
3306.40 of the Revised Code from the spending requirements	1042
prescribed in those divisions or under division (E) of this	1043
section.	1044

(4) Each educational service center that received for fiscal	1045
year 2009 unit funding for gifted student services shall spend	1046
from its state funds in each fiscal year thereafter for services	1047
to identified gifted students an amount not less than the	1048
aggregate amount received for gifted unit funding for fiscal year	1049
2009. No educational service center to which division (G)(4) of	1050
this section shall receive any waiver of this requirement.	1051

(H) A city, local, or exempted village school district that	1052
did not receive for fiscal year 2009 unit funding for gifted	1053
student services under division (L) of section 3317.024 and	1054
division (E) of section 3317.05 of the Revised Code, as those	1055
sections existed for that fiscal year, may apply to the	1056
superintendent of public instruction for a waiver under section	1057
3306.40 of the Revised Code from any expenditure requirements	1058
prescribed under division (E) of this section. Notwithstanding	1059
anything to the contrary in section 3306.40 of the Revised Code,	1060
theThe first waiver granted to a district pursuant to this	1061
division shall not be effective for longer than two years, and	1062
any. A district may receive one subsequent renewal of that waiver,	1063
which shall not be effective for longer than one year.	1064

Sec. 3306.091.  (A) The enrichment support component of the	1065
adequacy amount for each city, local, and exempted village school	1066
district shall be calculated by multiplying the district's formula	1067
ADM times $100 times the Ohio educational challenge factor.	1068

(B) The enrichment support for each city, local, and exempted	1069
village school district shall be adjusted by multiplying the	1070
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal	1071
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	1072
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	1073
2017.	1074

(C) The enrichment support component shall be used for	1075
purposes other than services for students identified as gifted	1076
delivered in accordance with Chapter 3324. of the Revised Code. A	1077
district may spend the enrichment support component to pay for	1078
enrichment activities that may encourage the intellectual and	1079
creative pursuits of all students, including the fine arts.	1080

(D) Each school district shall account separately for	1081
expenditures of the amounts received for enrichment support under	1082
this section and report that information to the department of	1083
education.	1084

Sec. 3306.10. (A) The technology resources support component	1085
of the adequacy amount for each city, local, and exempted village	1086
school district is the sum of the following:	1087

(1) The licensed librarian and media specialist factor;

1088

(2) The technical equipment factor.

1089

(B)(1) The licensed librarian and media specialist factor	1090
shall be calculated by multiplying the number of the district's	1091
organizational units times $60,000.	1092

(2) The technical equipment factor shall be calculated by	1093
multiplying the district's formula ADM times $250.	1094

(C) The licensed librarian and media specialist factor and	1095
the technical equipment factor for each city, local, and exempted	1096
village school district shall be adjusted by multiplying the	1097
calculated amounts by 0.20 in fiscal year 2010, by 0.30 in fiscal	1098
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in	1099
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and	1100
2017.	1101

(D) Each school district shall account separately for the	1102
amounts received for technology resources support under this	1103
section and report that information to the department of	1104
education.	1105

Sec. 3313.489.  (A) The superintendent of public instruction	1106
shall examine each five-yearthree-year projection of revenues and	1107
expenditures submitted under section 5705.391 of the Revised Code	1108
and shall determine whether the information contained therein,	1109
together with any other relevant information, indicates that the	1110
district may be financially unable to operate its instructional	1111
program on all days set forth in its adopted school calendars and	1112
pay all obligated expenses during the current fiscal year. If a	1113
board of education has not adopted a school calendar for the	1114
school year beginning on the first day of July of the current	1115
fiscal year at the time an examination is required under this	1116
division, the superintendent shall examine the five-year	1117
three-year projection and determine whether the district may be	1118
financially unable to pay all obligated expenses and operate its	1119
instructional program for the number of days on which instruction	1120
was held in the preceding fiscal year.	1121

(B) If the superintendent of public instruction determines	1122
pursuant to division (A) of this section that a school district	1123
may be financially unable to operate its instructional program on	1124
all days required by such division and pay all obligated expenses	1125
during the current fiscal year, the superintendent shall provide	1126
written notification of such determination to the president of the	1127
district's board of education and the auditor of state.	1128

(C) This section does not apply to a school district declared	1129
to be under a fiscal emergency pursuant to division (B) of section	1130
3316.03 of the Revised Code.	1131

Sec. 3316.031.  (A) The state superintendent of public	1132
instruction, in consultation with the auditor of state, shall	1133
develop guidelines for identifying fiscal practices and budgetary	1134
conditions that, if uncorrected, could result in a future	1135
declaration of a fiscal watch or fiscal emergency within a school	1136
district.	1137

The guidelines shall not include a requirement that a school	1138
district submit financial statements according to generally	1139
accepted accounting principles.	1140

(B)(1) If the state superintendent determines from a school	1141
district's five-yearthree-year forecast submitted under section	1142
5705.391 of the Revised Code that a district is engaging in any of	1143
those practices or that any of those conditions exist within the	1144
district, after consulting with the district board of education	1145
concerning the practices or conditions, the state superintendent	1146
may declare the district to be under a fiscal caution.	1147

(2) If the auditor of state finds that a district is engaging	1148
in any of those practices or that any of those conditions exist	1149
within the district, the auditor of state shall report that	1150
finding to the state superintendent and, after consulting with the	1151
district board of education concerning the practices or	1152
conditions, the state superintendent may declare the district to	1153
be under a fiscal caution.	1154

(3) Unless the auditor of state has elected to declare a	1155
state of fiscal watch under division (A)(4) of section 3316.03 of	1156
the Revised Code, the state superintendent shall declare a school	1157
district to be under a fiscal caution if the conditions described	1158
in divisions (A)(4)(a) and (b) of that section are both satisfied	1159
with respect to the school district.	1160

(C) When the state superintendent declares a district to be	1161
under fiscal caution, the state superintendent shall promptly	1162
notify the district board of education of that declaration and	1163
shall request the board to provide written proposals for	1164
discontinuing or correcting the fiscal practices or budgetary	1165
conditions that prompted the declaration and for preventing the	1166
district from experiencing further fiscal difficulties that could	1167
result in the district being declared to be in a state of fiscal	1168
watch or fiscal emergency.	1169

(D) The state superintendent, or a designee, may visit and	1170
inspect any district that is declared to be under a fiscal	1171
caution. The department of education shall provide technical	1172
assistance to the district board in implementing proposals to	1173
eliminate the practices or budgetary conditions that prompted the	1174
declaration of fiscal caution and may make recommendations	1175
concerning the board's proposals.	1176

(E) If the state superintendent finds that a school district	1177
declared to be under a fiscal caution has not made reasonable	1178
proposals or otherwise taken action to discontinue or correct the	1179
fiscal practices or budgetary conditions that prompted the	1180
declaration of fiscal caution, and if the state superintendent	1181
considers it necessary to prevent further fiscal decline, the	1182
state superintendent may determine that the district should be in	1183
a state of fiscal watch. As provided in division (A)(3) of section	1184
3316.03 of the Revised Code, the auditor of state shall declare	1185
the district to be in a state of fiscal watch if the auditor of	1186
state finds the superintendent's determination to be reasonable.	1187

Sec. 3316.043. Upon the approval by the superintendent of	1188
public instruction of an initial financial plan under section	1189
3316.04 of the Revised Code or a financial recovery plan under	1190
section 3316.06 of the Revised Code, the board of education of the	1191
school district for which the plan was approved shall revise the	1192
district's five-yearthree-year projection of revenues and	1193
expenditures in accordance with rules adopted under section	1194
5705.391 of the Revised Code so that the five-yearthree-year	1195
projection is consistent with the financial plan or financial	1196
recovery plan. In the case of a school district declared to be in	1197
a state of fiscal emergency, the five-year projection shall be	1198
revised by the financial planning and supervision commission for	1199
that district.	1200

Sec. 3316.08.  During a school district's fiscal emergency	1201
period, the auditor of state shall determine annually, or at any	1202
other time upon request of the financial planning and supervision	1203
commission, whether the school district will incur an operating	1204
deficit. If the auditor of state determines that a school district	1205
will incur an operating deficit, the auditor of state shall	1206
certify that determination to the superintendent of public	1207
instruction, the financial planning and supervision commission,	1208
and the board of education of the school district. Upon receiving	1209
the auditor of state's certification, the commission shall adopt a	1210
resolution requesting that the board of education work with the	1211
county auditor or tax commissioner to estimate the amount and rate	1212
of a tax levy that is needed under section 5705.194, 5709.199, or	1213
5705.21 or Chapter 5748. of the Revised Code to produce a positive	1214
fund balance not later than the fifth year of the five-year	1215
forecast submitted under section 5705.391 of the Revised Code	1216
succeeding school year after the current school year.	1217

The board of education shall recommend to the commission	1218
whether the board supports or opposes a tax levy under section	1219
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	1220
Code and shall provide supporting documentation to the commission	1221
of its recommendation.	1222

After considering the board of education's recommendation and	1223
supporting documentation, the commission shall adopt a resolution	1224
to either submit a ballot question proposing a tax levy or not to	1225
submit such a question.	1226

Except as otherwise provided in this division, the tax shall	1227
be levied in the manner prescribed for a tax levied under section	1228
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	1229
Revised Code. If the commission decides that a tax should be	1230
levied, the tax shall be levied for the purpose of paying current	1231
operating expenses of the school district. The rate of a tax	1232
levied under section 5705.194, 5709.199, or 5705.21 of the Revised	1233
Code shall be determined by the county auditor, and the rate of a	1234
tax levied under section 5748.02 or 5748.08 of the Revised Code	1235
shall be determined by the tax commissioner, upon the request of	1236
the commission. The commission, in consultation with the board of	1237
education, shall determine the election at which the question of	1238
the tax shall appear on the ballot, and the commission shall	1239
submit a copy of its resolution to the board of elections not	1240
later than ninety days prior to the day of that election. The	1241
board of elections conducting the election shall certify the	1242
results of the election to the board of education and to the	1243
financial planning and supervision commission.	1244

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	1245
"guardian," or "other person having charge or care of a child"	1246
means either parent unless the parents are separated or divorced	1247
or their marriage has been dissolved or annulled, in which case	1248
"parent" means the parent who is the residential parent and legal	1249
custodian of the child. If the child is in the legal or permanent	1250
custody of a person or government agency, "parent" means that	1251
person or government agency. When a child is a resident of a home,	1252
as defined in section 3313.64 of the Revised Code, and the child's	1253
parent is not a resident of this state, "parent," "guardian," or	1254
"other person having charge or care of a child" means the head of	1255
the home.	1256

A child between six and eighteen years of age is "of	1257
compulsory school age" for the purpose of sections 3321.01 to	1258
3321.13 of the Revised Code. A child under six years of age who	1259
has been enrolled in kindergarten also shall be considered "of	1260
compulsory school age" for the purpose of sections 3321.01 to	1261
3321.13 of the Revised Code unless at any time the child's parent	1262
or guardian, at the parent's or guardian's discretion and in	1263
consultation with the child's teacher and principal, formally	1264
withdraws the child from kindergarten. The compulsory school age	1265
of a child shall not commence until the beginning of the term of	1266
such schools, or other time in the school year fixed by the rules	1267
of the board of the district in which the child resides.	1268

(2) No child shall be admitted to a kindergarten or a first	1269
grade of a public school in a district in which all children are	1270
admitted to kindergarten and the first grade in August or	1271
September unless the child is five or six years of age,	1272
respectively, by the thirtieth day of September of the year of	1273
admittance, or by the first day of a term or semester other than	1274
one beginning in August or September in school districts granting	1275
admittance at the beginning of such term or semester, except that	1276
in those school districts using or obtaining educationally	1277
accepted standardized testing programs for determining entrance,	1278
as approved by the board of education of such districts, the board	1279
shall admit a child to kindergarten or the first grade who fails	1280
to meet the age requirement, provided the child meets necessary	1281
standards as determined by such standardized testing programs. If	1282
the board of education has not established a standardized testing	1283
program, the board shall designate the necessary standards and a	1284
testing program it will accept for the purpose of admitting a	1285
child to kindergarten or first grade who fails to meet the age	1286
requirement. Each child who will be the proper age for entrance to	1287
kindergarten or first grade by the first day of January of the	1288
school year for which admission is requested shall be so tested	1289
upon the request of the child's parent.	1290

(3) Notwithstanding divisions (A)(2) and (D) of this section,	1291
beginning with the school year that starts in 2001 and continuing	1292
thereafter the board of education of any district may adopt a	1293
resolution establishing the first day of August in lieu of the	1294
thirtieth day of September as the required date by which students	1295
must have attained the age specified in those divisions.	1296

(B) As used in divisions (C) and (D) of this section,	1297
"successfully completed kindergarten" and "successful completion	1298
of kindergarten" mean that the child has completed the	1299
kindergarten requirements at one of the following:	1300

(1) A public or chartered nonpublic school;

1301

(2) A kindergarten class that is both of the following:

1302

(a) Offered by a day-care provider licensed under Chapter	1303
5104. of the Revised Code;	1304

(b) If offered after July 1, 1991, is directly taught by a	1305
teacher who holds one of the following:	1306

(i) A valid educator license issued under section 3319.22 of	1307
the Revised Code;	1308

(ii) A Montessori preprimary credential or age-appropriate	1309
diploma granted by the American Montessori society or the	1310
association Montessori internationale;	1311

(iii) Certification determined under division (G) of this	1312
section to be equivalent to that described in division	1313
(B)(2)(b)(ii) of this section;	1314

(iv) Certification for teachers in nontax-supported schools	1315
pursuant to section 3301.071 of the Revised Code.	1316

(C) Except as provided in division (D) of this section, no	1317
school district shall admit to the first grade any child who has	1318
not successfully completed kindergarten.	1319

(D) Upon request of a parent, the requirement of division (C)	1320
of this section may be waived by the district's pupil personnel	1321
services committee in the case of a child who is at least six	1322
years of age by the thirtieth day of September of the year of	1323
admittance and who demonstrates to the satisfaction of the	1324
committee the possession of the social, emotional, and cognitive	1325
skills necessary for first grade.	1326

The board of education of each city, local, and exempted	1327
village school district shall establish a pupil personnel services	1328
committee. The committee shall be composed of all of the following	1329
to the extent such personnel are either employed by the district	1330
or employed by the governing board of the educational service	1331
center within whose territory the district is located and the	1332
educational service center generally furnishes the services of	1333
such personnel to the district:	1334

(1) The director of pupil personnel services;

1335

(2) An elementary school counselor;

1336

(3) An elementary school principal;

1337

(4) A school psychologist;

1338

(5) A teacher assigned to teach first grade;

1339

(6) A gifted coordinator.

1340

The responsibilities of the pupil personnel services	1341
committee shall be limited to the issuing of waivers allowing	1342
admittance to the first grade without the successful completion of	1343
kindergarten. The committee shall have no other authority except	1344
as specified in this section.	1345

(E) The scheduling of times for kindergarten classes and	1346
length of the school day for kindergarten shall be determined by	1347
the board of education of a city, exempted village, or local	1348
school district, subject to section 3321.05 of the Revised Code.	1349

(F) Any kindergarten class offered by a day-care provider or	1350
school described by division (B)(1) or (B)(2)(a) of this section	1351
shall be developmentally appropriate.	1352

(G) Upon written request of a day-care provider described by	1353
division (B)(2)(a) of this section, the department of education	1354
shall determine whether certification held by a teacher employed	1355
by the provider meets the requirement of division (B)(2)(b)(iii)	1356
of this section and, if so, shall furnish the provider a statement	1357
to that effect.	1358

(H) As used in this division, "all-day kindergarten" has the	1359
same meaning as in section 3321.05 of the Revised Code.	1360

(1) Any school district that did not receive for fiscal year	1361
2009 poverty-based assistance for all-day kindergarten under	1362
division (D) of section 3317.029 of the Revised Code may charge	1363
fees or tuition for students enrolled in all-day kindergarten. If	1364
a district charges fees or tuition for all-day kindergarten under	1365
this division, the district shall develop a sliding fee scale	1366
based on family incomes.	1367

(2) The department of education shall conduct an annual	1368
survey of each school district described in division (H)(1) of	1369
this section to determine the following:	1370

(1)(a) Whether the district charges fees or tuition for	1371
students enrolled in all-day kindergarten;	1372

(b) The amount of the fees or tuition charged;

1373

(c) How many of the students for whom tuition is charged are	1374
eligible for free lunches under the "National School Lunch Act,"	1375
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	1376
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	1377
and how many of the students for whom tuition is charged are	1378
eligible for reduced price lunches under those acts;	1379

(2)(d) How many students are enrolled in traditional half-day	1380
kindergarten and how many students are enrolled inrather than	1381
all-day kindergarten, as defined in section 3321.05 of the Revised	1382
Code.	1383

Each district shall report to the department, in the manner	1384
prescribed by the department, the information required by this	1385
divisiondescribed in divisions (H)(2)(a) to (d) of this section.	1386

The department shall issue an annual report on the results of	1387
the survey and shall post the report on its web site. The	1388
department shall issue the first report not later than April 30,	1389
2008, and shall issue a report not later than the thirtieth day of	1390
April each year thereafter.	1391

Sec. 3321.05.  (A) As used in this section, "all-day	1392
kindergarten" means a kindergarten class that is in session five	1393
days per week for not less than the same number of clock hours	1394
each day as for students in grades one through six.	1395

(B) Any school district may operate all-day kindergarten or	1396
extended kindergarten, but beginning in fiscal year 2011, each	1397
city, local, and exempted village school district shall provide	1398
all-day kindergarten to each student enrolled in kindergarten,	1399
except as specified in divisions (C) and (D) of this section.	1400

(C) The board of education of a school district may apply to	1401
the superintendent of public instruction for a waiver of the	1402
requirement to provide all-day kindergarten for all kindergarten	1403
students. In making the determination to grant or deny the waiver,	1404
the state superintendent may consider space concerns or	1405
alternative delivery approaches used by the school district.	1406

(D) Nono district shall require any student to attend	1407
kindergarten for more than one-half of the number of clock hours	1408
required each day for grades one through sixtraditional	1409
kindergarten by the minimum standards adopted under division (D)	1410
of section 3301.07 of the Revised Code. Each school district that	1411
operates all-day or extended kindergarten shall accommodate	1412
kindergarten students whose parents or guardians elect to enroll	1413
them for one-half of the minimum number of hours required each	1414
day for grades one through six.	1415

(E)(C) A school district may use space in child day-care	1416
centers licensed under Chapter 5104. of the Revised Code to	1417
provide all-day kindergarten under this section.	1418

Sec. 5705.391.  (A) No later than July 1, 1998, theThe	1419
department of education and the auditor of state shall jointly	1420
adopt rules requiring boards of education to submit five-year	1421
three-year projections of operational revenues and expenditures.	1422
The rules shall provide for the auditor of state or the department	1423
to examine the five-yearthree-year projections and to determine	1424
whether any further fiscal analysis is needed to ascertain whether	1425
a district has the potential to incur a deficit during the first	1426
three years of the five-yearthree-year period.	1427

The auditor of state or the department may conduct any	1428
further audits or analyses necessary to assess any district's	1429
fiscal condition. If further audits or analyses are conducted by	1430
the auditor of state, the auditor of state shall notify the	1431
department of the district's fiscal condition, and the department	1432
shall immediately notify the district of any potential to incur a	1433
deficit in the current fiscal year or of any strong indications	1434
that a deficit will be incurred in either of the ensuing two	1435
years. If such audits or analyses are conducted by the department,	1436
the department shall immediately notify the district and the	1437
auditor of state of such potential deficit or strong indications	1438
thereof.	1439

A district notified under this section shall take immediate	1440
steps to eliminate any deficit in the current fiscal year and	1441
shall begin to plan to avoid the projected future deficits.	1442

(B) The state board of education, in accordance with sections	1443
3319.31 and 3319.311 of the Revised Code, may limit, suspend, or	1444
revoke a license as defined under section 3319.31 of the Revised	1445
Code that has been issued to any school employee found to have	1446
willfully contributed erroneous, inaccurate, or incomplete data	1447
required for the submission of the five-yearthree-year projection	1448
required by this section.	1449

Sec. 5705.412.  (A) As used in this section, "qualifying	1450
contract" means any agreement for the expenditure of money under	1451
which aggregate payments from the funds included in the school	1452
district's five-yearthree-year forecast under section 5705.391 of	1453
the Revised Code will exceed the lesser of the following amounts:	1454

(1) Five hundred thousand dollars;

1455

(2) One per cent of the total revenue to be credited in the	1456
current fiscal year to the district's general fund, as specified	1457
in the district's most recent certificate of estimated resources	1458
certified under section 5705.36 of the Revised Code.	1459

(B) Notwithstanding section 5705.41 of the Revised Code, no	1460
school district shall adopt any appropriation measure, make any	1461
qualifying contract, or increase during any school year any wage	1462
or salary schedule unless there is attached thereto a certificate,	1463
signed as required by this section, that the school district has	1464
in effect the authorization to levy taxes including the renewal or	1465
replacement of existing levies which, when combined with the	1466
estimated revenue from all other sources available to the district	1467
at the time of certification, are sufficient to provide the	1468
operating revenues necessary to enable the district to maintain	1469
all personnel and programs for all the days set forth in its	1470
adopted school calendars for the current fiscal year and for a	1471
number of days in succeeding fiscal years equal to the number of	1472
days instruction was held or is scheduled for the current fiscal	1473
year, as follows:	1474

(1) A certificate attached to an appropriation measure under	1475
this section shall cover only the fiscal year in which the	1476
appropriation measure is effective and shall not consider the	1477
renewal or replacement of an existing levy as the authority to	1478
levy taxes that are subject to appropriation in the current fiscal	1479
year unless the renewal or replacement levy has been approved by	1480
the electors and is subject to appropriation in the current fiscal	1481
year.	1482

(2) A certificate attached, in accordance with this section,	1483
to any qualifying contract shall cover the term of the contract.	1484

(3) A certificate attached under this section to a wage or	1485
salary schedule shall cover the term of the schedule.	1486

If the board of education has not adopted a school calendar	1487
for the school year beginning on the first day of the fiscal year	1488
in which a certificate is required, the certificate attached to an	1489
appropriation measure shall include the number of days on which	1490
instruction was held in the preceding fiscal year and other	1491
certificates required under this section shall include that number	1492
of days for the fiscal year in which the certificate is required	1493
and any succeeding fiscal years that the certificate must cover.	1494

The certificate shall be signed by the treasurer and	1495
president of the board of education and the superintendent of the	1496
school district, unless the district is in a state of fiscal	1497
emergency declared under Chapter 3316. of the Revised Code. In	1498
that case, the certificate shall be signed by a member of the	1499
district's financial planning and supervision commission who is	1500
designated by the commission for this purpose.	1501

(C) Every qualifying contract made or wage or salary schedule	1502
adopted or put into effect without such a certificate shall be	1503
void, and no payment of any amount due thereon shall be made.	1504

(D) The department of education and the auditor of state	1505
jointly shall adopt rules governing the methods by which	1506
treasurers, presidents of boards of education, superintendents,	1507
and members of financial planning and supervision commissions	1508
shall estimate revenue and determine whether such revenue is	1509
sufficient to provide necessary operating revenue for the purpose	1510
of making certifications required by this section.	1511

(E) The auditor of state shall be responsible for determining	1512
whether school districts are in compliance with this section. At	1513
the time a school district is audited pursuant to section 117.11	1514
of the Revised Code, the auditor of state shall review each	1515
certificate issued under this section since the district's last	1516
audit, and the appropriation measure, contract, or wage and salary	1517
schedule to which such certificate was attached. If the auditor of	1518
state determines that a school district has not complied with this	1519
section with respect to any qualifying contract or wage or salary	1520
schedule, the auditor of state shall notify the prosecuting	1521
attorney for the county, the city director of law, or other chief	1522
law officer of the school district. That officer may file a civil	1523
action in any court of appropriate jurisdiction to seek a	1524
declaration that the contract or wage or salary schedule is void,	1525
to recover for the school district from the payee the amount of	1526
payments already made under it, or both, except that the officer	1527
shall not seek to recover payments made under any collective	1528
bargaining agreement entered into under Chapter 4117. of the	1529
Revised Code. If the officer does not file such an action within	1530
one hundred twenty days after receiving notice of noncompliance	1531
from the auditor of state, any taxpayer may institute the action	1532
in the taxpayer's own name on behalf of the school district.	1533

(F) This section does not apply to any contract or increase	1534
in any wage or salary schedule that is necessary in order to	1535
enable a board of education to comply with division (B) of section	1536
3317.13 of the Revised Code, provided the contract or increase	1537
does not exceed the amount required to be paid to be in compliance	1538
with such division.	1539

(G) Any officer, employee, or other person who expends or	1540
authorizes the expenditure of any public funds or authorizes or	1541
executes any contract or schedule contrary to this section,	1542
expends or authorizes the expenditure of any public funds on the	1543
void contract or schedule, or issues a certificate under this	1544
section which contains any false statements is liable to the	1545
school district for the full amount paid from the district's funds	1546
on the contract or schedule. The officer, employee, or other	1547
person is jointly and severally liable in person and upon any	1548
official bond that the officer, employee, or other person has	1549
given to the school district to the extent of any payments on the	1550
void claim, not to exceed ten thousand dollars. However, no	1551
officer, employee, or other person shall be liable for a mistaken	1552
estimate of available resources made in good faith and based upon	1553
reasonable grounds. If an officer, employee, or other person is	1554
found to have complied with rules jointly adopted by the	1555
department of education and the auditor of state under this	1556
section governing methods by which revenue shall be estimated and	1557
determined sufficient to provide necessary operating revenue for	1558
the purpose of making certifications required by this section, the	1559
officer, employee, or other person shall not be liable under this	1560
section if the estimates and determinations made according to	1561
those rules do not, in fact, conform with actual revenue. The	1562
prosecuting attorney of the county, the city director of law, or	1563
other chief law officer of the district shall enforce this	1564
liability by civil action brought in any court of appropriate	1565
jurisdiction in the name of and on behalf of the school district.	1566
If the prosecuting attorney, city director of law, or other chief	1567
law officer of the district fails, upon the written request of any	1568
taxpayer, to institute action for the enforcement of the	1569
liability, the attorney general, or the taxpayer in the taxpayer's	1570
own name, may institute the action on behalf of the subdivision.	1571

(H) This section does not require the attachment of an	1572
additional certificate beyond that required by section 5705.41 of	1573
the Revised Code for current payrolls of, or contracts of	1574
employment with, any employees or officers of the school district.	1575

This section does not require the attachment of a certificate	1576
to a temporary appropriation measure if all of the following	1577
apply:	1578

(1) The amount appropriated does not exceed twenty-five per	1579
cent of the total amount from all sources available for	1580
expenditure from any fund during the preceding fiscal year;	1581

(2) The measure will not be in effect on or after the	1582
thirtieth day following the earliest date on which the district	1583
may pass an annual appropriation measure;	1584

(3) An amended official certificate of estimated resources	1585
for the current year, if required, has not been certified to the	1586
board of education under division (B) of section 5705.36 of the	1587
Revised Code.	1588

Section 2.  That existing sections 3301.07, 3301.16, 3302.05,	1589
3302.07, 3306.01, 3306.02, 3306.05, 3306.06, 3306.07, 3306.08,	1590
3306.09, 3306.091, 3306.10, 3313.489, 3316.031, 3316.043, 3316.08,	1591
3321.01, 3321.05, 5705.391, and 5705.412 and sections 3306.18,	1592
3306.25, 3306.29, 3306.291, 3306.292, 3306.30, 3306.31, 3306.33,	1593
3306.34, 3306.35, 3306.40, 3313.821, 3313.822, and 3318.312 of the	1594
Revised Code are hereby repealed.	1595

Section 3. That Section 265.70.70 of Am. Sub. H.B. 1 of the	1596
128th General Assembly and Section 9 of Sub. H.B. 318 of the 128th	1597
General Assembly are hereby repealed.	1598

Section 4. Sections 1, 2, and 3 of this act take effect July	1599
1, 2011.	1600

Section 5.  Section 3301.07 of the Revised Code is presented	1601
in this act as a composite of the section as amended by both Am.	1602
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	1603
General Assembly, applying the principle stated in division (B) of	1604
section 1.52 of the Revised Code that amendments are to be	1605
harmonized if reasonably capable of simultaneous operation, finds	1606
that the composite is the resulting version of the section in	1607
effect prior to the effective date of the section as presented in	1608
this act.	1609