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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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. 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 |
(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 |
(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 |
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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
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 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 |