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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, 3315.18, | 3 |
3315.19, 3316.06, 3316.16, 3317.018, 3317.024, | 4 |
3321.01, and 3321.05; to enact section 3301.96; | 5 |
and to repeal sections 3306.18, 3306.25, 3306.29, | 6 |
3306.291, 3306.292, 3306.30, 3306.31, 3306.33, | 7 |
3306.34, 3306.35, 3306.40, 3313.821, 3313.822, | 8 |
3315.17, 3315.171, and 3318.312 of the Revised | 9 |
Code; and to repeal Section 265.70.70 of Am. Sub. | 10 |
H.B. 1 of the 128th General Assembly and Section 9 | 11 |
of Sub. H.B. 318 of the 128th General Assembly to | 12 |
eliminate spending and reporting requirements | 13 |
related to the school funding system, to abolish | 14 |
the School Funding Advisory Council, to eliminate | 15 |
the prohibition on unit funding for gifted student | 16 |
services effective after fiscal year 2011, to | 17 |
eliminate the requirement that school districts | 18 |
offer all-day kindergarten, to eliminate the | 19 |
requirement that school districts annually set | 20 |
aside operating funds for textbooks and | 21 |
instructional materials, and to eliminate the | 22 |
requirement that school districts establish family | 23 |
and civic engagement teams except as required for | 24 |
implementation of federal "Race to the Top" | 25 |
grants. | 26 |
Section 1. That sections 3301.07, 3301.16, 3302.05, 3302.07, | 27 |
3306.01, 3306.02, 3306.05, 3306.06, 3306.07, 3306.08, 3306.09, | 28 |
3306.091, 3306.10, 3315.18, 3315.19, 3316.06, 3316.16, 3317.018, | 29 |
3317.024, 3321.01, and 3321.05 be amended and section 3301.96 of | 30 |
the Revised Code be enacted to read as follows: | 31 |
Sec. 3301.07. The state board of education shall exercise | 32 |
under the acts of the general assembly general supervision of the | 33 |
system of public education in the state. In addition to the powers | 34 |
otherwise imposed on the state board under the provisions of law, | 35 |
the board shall have the powers described in this section. | 36 |
(A) The state board shall exercise policy forming, planning, | 37 |
and evaluative functions for the public schools of the state | 38 |
except as otherwise provided by law. | 39 |
(B)(1) The state board shall exercise leadership in the | 40 |
improvement of public education in this state, and administer the | 41 |
educational policies of this state relating to public schools, and | 42 |
relating to instruction and instructional material, building and | 43 |
equipment, transportation of pupils, administrative | 44 |
responsibilities of school officials and personnel, and finance | 45 |
and organization of school districts, educational service centers, | 46 |
and territory. Consultative and advisory services in such matters | 47 |
shall be provided by the board to school districts and educational | 48 |
service centers of this state. | 49 |
(2) The state board also shall develop a standard of | 50 |
financial reporting which shall be used by each school district | 51 |
board of education and educational service center governing board | 52 |
to make its financial information and annual budgets for each | 53 |
school building under its control available to the public in a | 54 |
format understandable by the average citizen. The format shall | 55 |
show, among other things, at the district and educational service | 56 |
center level or at the school building level, as determined | 57 |
appropriate by the department of education, revenue by source; | 58 |
expenditures for salaries, wages, and benefits of employees, | 59 |
showing such amounts separately for classroom teachers, other | 60 |
employees required to hold licenses issued pursuant to sections | 61 |
3319.22 to 3319.31 of the Revised Code, and all other employees; | 62 |
expenditures other than for personnel, by category, including | 63 |
utilities, textbooks and other educational materials, equipment, | 64 |
permanent improvements, pupil transportation, extracurricular | 65 |
athletics, and other extracurricular activities; and per pupil | 66 |
expenditures. | 67 |
(C) The state board shall administer and supervise the | 68 |
allocation and distribution of all state and federal funds for | 69 |
public school education under the provisions of law, and may | 70 |
prescribe such systems of accounting as are necessary and proper | 71 |
to this function. It may require county auditors and treasurers, | 72 |
boards of education, educational service center governing boards, | 73 |
treasurers of such boards, teachers, and other school officers and | 74 |
employees, or other public officers or employees, to file with it | 75 |
such reports as it may prescribe relating to such funds, or to the | 76 |
management and condition of such funds. | 77 |
(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII, | 78 |
XLVII, and LI of the Revised Code a reference is made to standards | 79 |
prescribed under this section or division (D) of this section, | 80 |
that reference shall be construed to refer to the standards | 81 |
prescribed under division (D)(2) of this section, unless the | 82 |
context specifically indicates a different meaning or intent. | 83 |
(2) The state board shall formulate and prescribe minimum | 84 |
standards to be applied to all elementary and secondary schools in | 85 |
this state for the purpose of requiring a general education of | 86 |
high quality. Such standards shall provide adequately for: the | 87 |
licensing of teachers, administrators, and other professional | 88 |
personnel and their assignment according to training and | 89 |
qualifications; efficient and effective instructional materials | 90 |
and equipment, including library facilities; the proper | 91 |
organization, administration, and supervision of each school, | 92 |
including regulations for preparing all necessary records and | 93 |
reports and the preparation of a statement of policies and | 94 |
objectives for each school; buildings, grounds, health and | 95 |
sanitary facilities and services; admission of pupils, and such | 96 |
requirements for their promotion from grade to grade as will | 97 |
assure that they are capable and prepared for the level of study | 98 |
to which they are certified; requirements for graduation; and such | 99 |
other factors as the board finds necessary. | 100 |
In the formulation and administration of such standards for | 101 |
nonpublic schools the board shall also consider the particular | 102 |
needs, methods and objectives of those schools, provided they do | 103 |
not conflict with the provision of a general education of a high | 104 |
quality and provided that regular procedures shall be followed for | 105 |
promotion from grade to grade of pupils who have met the | 106 |
educational requirements prescribed. | 107 |
In the formulation and administration of such standards as | 108 |
they relate to instructional materials and equipment in public | 109 |
schools, including library materials, the board shall require that | 110 |
the material and equipment be aligned with and promote skills | 111 |
expected under the statewide academic standards adopted under | 112 |
section 3301.079 of the Revised Code. | 113 |
(3) In addition to the minimum standards required by division | 114 |
(D)(2) of this section, the state board shall formulate and | 115 |
prescribe the following additional minimum operating standards for | 116 |
school districts: | 117 |
(a) Standards for the effective and efficient organization, | 118 |
administration, and supervision of each school district so that it | 119 |
becomes a thinking and learning organization according to | 120 |
principles of systems design and collaborative professional | 121 |
learning communities research as defined by the superintendent of | 122 |
public instruction, including a focus on the personalized and | 123 |
individualized needs of each student; a shared responsibility | 124 |
among school boards, administrators, faculty, and staff to develop | 125 |
a common vision, mission, and set of guiding principles; a shared | 126 |
responsibility among school boards, administrators, faculty, and | 127 |
staff to engage in a process of collective inquiry, action | 128 |
orientation, and experimentation to ensure the academic success of | 129 |
all students; commitment to teaching and learning strategies that | 130 |
utilize technological tools and emphasize inter-disciplinary, | 131 |
real-world, project-based, and technology-oriented learning | 132 |
experiences to meet the individual needs of every student; | 133 |
commitment to high expectations for every student and commitment | 134 |
to closing the achievement gap so that all students achieve core | 135 |
knowledge and skills in accordance with the statewide academic | 136 |
standards adopted under section 3301.079 of the Revised Code; | 137 |
commitment to the use of assessments to diagnose the needs of each | 138 |
student; effective connections and relationships with families and | 139 |
others that support student success; and commitment to the use of | 140 |
positive behavior intervention supports throughout a district to | 141 |
ensure a safe and secure learning environment for all students; | 142 |
(b) Standards for the establishment of business advisory | 143 |
councils | 144 |
under | 145 |
Revised Code; | 146 |
(c) | 147 |
148 | |
149 | |
150 | |
151 |
| 152 |
defined in sections 3306.02 and 3306.04 of the Revised Code, that | 153 |
require: | 154 |
(i) The effective and efficient organization, administration, | 155 |
and supervision of each school district organizational unit so | 156 |
that it becomes a thinking and learning organization according to | 157 |
principles of systems design and collaborative professional | 158 |
learning communities research as defined by the state | 159 |
superintendent, including a focus on the personalized and | 160 |
individualized needs of each student; a shared responsibility | 161 |
among organizational unit administrators, faculty, and staff to | 162 |
develop a common vision, mission, and set of guiding principles; a | 163 |
shared responsibility among organizational unit administrators, | 164 |
faculty, and staff to engage in a process of collective inquiry, | 165 |
action orientation, and experimentation to ensure the academic | 166 |
success of all students; commitment to job embedded professional | 167 |
development and professional mentoring and coaching; established | 168 |
periods of time for teachers to pursue planning time for the | 169 |
development of lesson plans, professional development, and shared | 170 |
learning; commitment to effective management strategies that allow | 171 |
administrators reasonable access to classrooms for observation and | 172 |
professional development experiences; commitment to teaching and | 173 |
learning strategies that utilize technological tools and emphasize | 174 |
inter-disciplinary, real-world, project-based, and | 175 |
technology-oriented learning experiences to meet the individual | 176 |
needs of every student; commitment to high expectations for every | 177 |
student and commitment to closing the achievement gap so that all | 178 |
students achieve core knowledge and skills in accordance with the | 179 |
statewide academic standards adopted under section 3301.079 of the | 180 |
Revised Code; commitment to the use of assessments to diagnose the | 181 |
needs of each student; effective connections and relationships | 182 |
with families and others that support student success; commitment | 183 |
to the use of positive behavior intervention supports throughout | 184 |
the organizational unit to ensure a safe and secure learning | 185 |
environment for all students; | 186 |
(ii) A school organizational unit leadership team to | 187 |
coordinate positive behavior intervention supports, | 188 |
189 | |
learning systems, collaborative planning, planning time, student | 190 |
academic interventions, student extended learning opportunities, | 191 |
and other activities identified by the team and approved by the | 192 |
district board of education. The team shall include the building | 193 |
principal, representatives from each collective bargaining unit, | 194 |
the building lead teacher, parents, business representatives, and | 195 |
others that support student success. | 196 |
(E) The state board may require as part of the health | 197 |
curriculum information developed under section 2108.34 of the | 198 |
Revised Code promoting the donation of anatomical gifts pursuant | 199 |
to Chapter 2108. of the Revised Code and may provide the | 200 |
information to high schools, educational service centers, and | 201 |
joint vocational school district boards of education; | 202 |
(F) The state board shall prepare and submit annually to the | 203 |
governor and the general assembly a report on the status, needs, | 204 |
and major problems of the public schools of the state, with | 205 |
recommendations for necessary legislative action and a ten-year | 206 |
projection of the state's public and nonpublic school enrollment, | 207 |
by year and by grade level. | 208 |
(G) The state board shall prepare and submit to the director | 209 |
of budget and management the biennial budgetary requests of the | 210 |
state board of education, for its agencies and for the public | 211 |
schools of the state. | 212 |
(H) The state board shall cooperate with federal, state, and | 213 |
local agencies concerned with the health and welfare of children | 214 |
and youth of the state. | 215 |
(I) The state board shall require such reports from school | 216 |
districts and educational service centers, school officers, and | 217 |
employees as are necessary and desirable. The superintendents and | 218 |
treasurers of school districts and educational service centers | 219 |
shall certify as to the accuracy of all reports required by law or | 220 |
state board or state department of education rules to be submitted | 221 |
by the district or educational service center and which contain | 222 |
information necessary for calculation of state funding. Any | 223 |
superintendent who knowingly falsifies such report shall be | 224 |
subject to license revocation pursuant to section 3319.31 of the | 225 |
Revised Code. | 226 |
(J) In accordance with Chapter 119. of the Revised Code, the | 227 |
state board shall adopt procedures, standards, and guidelines for | 228 |
the education of children with disabilities pursuant to Chapter | 229 |
3323. of the Revised Code, including procedures, standards, and | 230 |
guidelines governing programs and services operated by county | 231 |
boards of developmental disabilities pursuant to section 3323.09 | 232 |
of the Revised Code. | 233 |
(K) For the purpose of encouraging the development of special | 234 |
programs of education for academically gifted children, the state | 235 |
board shall employ competent persons to analyze and publish data, | 236 |
promote research, advise and counsel with boards of education, and | 237 |
encourage the training of teachers in the special instruction of | 238 |
gifted children. The board may provide financial assistance out of | 239 |
any funds appropriated for this purpose to boards of education and | 240 |
educational service center governing boards for developing and | 241 |
conducting programs of education for academically gifted children. | 242 |
(L) The state board shall require that all public schools | 243 |
emphasize and encourage, within existing units of study, the | 244 |
teaching of energy and resource conservation as recommended to | 245 |
each district board of education by leading business persons | 246 |
involved in energy production and conservation, beginning in the | 247 |
primary grades. | 248 |
(M) The state board shall formulate and prescribe minimum | 249 |
standards requiring the use of phonics as a technique in the | 250 |
teaching of reading in grades kindergarten through three. In | 251 |
addition, the state board shall provide in-service training | 252 |
programs for teachers on the use of phonics as a technique in the | 253 |
teaching of reading in grades kindergarten through three. | 254 |
(N) The state board may adopt rules necessary for carrying | 255 |
out any function imposed on it by law, and may provide rules as | 256 |
are necessary for its government and the government of its | 257 |
employees, and may delegate to the superintendent of public | 258 |
instruction the management and administration of any function | 259 |
imposed on it by law. It may provide for the appointment of board | 260 |
members to serve on temporary committees established by the board | 261 |
for such purposes as are necessary. Permanent or standing | 262 |
committees shall not be created. | 263 |
| 264 |
of a school district, the superintendent of public instruction may | 265 |
issue a waiver exempting the district from compliance with the | 266 |
standards adopted under divisions (B)(2) and (D) of this section, | 267 |
as they relate to the operation of a school operated by | 268 |
the district | 269 |
270 | |
adopt standards for the approval or disapproval of waivers under | 271 |
this division. The state superintendent shall consider every | 272 |
application for a waiver, and shall determine whether to grant or | 273 |
deny a waiver in accordance with the state board's standards. For | 274 |
each waiver granted, the state superintendent shall specify the | 275 |
period of time during which the waiver is in effect, which shall | 276 |
not exceed five years. A district board may apply to renew a | 277 |
waiver. | 278 |
Sec. 3301.16. Pursuant to standards prescribed by the state | 279 |
board of education as provided in division (D) of section 3301.07 | 280 |
of the Revised Code, the state board shall classify and charter | 281 |
school districts and individual schools within each district | 282 |
except that no charter shall be granted to a nonpublic school | 283 |
unless the school complies with section 3313.612 of the Revised | 284 |
Code. | 285 |
In the course of considering the charter of a new school | 286 |
district created under section 3311.26 or 3311.38 of the Revised | 287 |
Code, the state board shall require the party proposing creation | 288 |
of the district to submit to the board a map, certified by the | 289 |
county auditor of the county in which the proposed new district is | 290 |
located, showing the boundaries of the proposed new district. In | 291 |
the case of a proposed new district located in more than one | 292 |
county, the map shall be certified by the county auditor of each | 293 |
county in which the proposed district is located. | 294 |
The state board shall revoke the charter of any school | 295 |
district or school which fails to meet the standards for | 296 |
elementary and high schools as prescribed by the board. The state | 297 |
board shall also revoke the charter of any nonpublic school that | 298 |
does not comply with section 3313.612 of the Revised Code. The | 299 |
state board may revoke the charter of any school district that | 300 |
fails to meet the operating standards established under division | 301 |
(D)(3) of section 3301.07 of the Revised Code. | 302 |
In the issuance and revocation of school district or school | 303 |
charters, the state board shall be governed by the provisions of | 304 |
Chapter 119. of the Revised Code. | 305 |
No school district, or individual school operated by a school | 306 |
district, shall operate without a charter issued by the state | 307 |
board under this section. | 308 |
In case a school district charter is revoked pursuant to this | 309 |
section, the state board may dissolve the school district and | 310 |
transfer its territory to one or more adjacent districts. An | 311 |
equitable division of the funds, property, and indebtedness of the | 312 |
school district shall be made by the state board among the | 313 |
receiving districts. The board of education of a receiving | 314 |
district shall accept such territory pursuant to the order of the | 315 |
state board. Prior to dissolving the school district, the state | 316 |
board shall notify the appropriate educational service center | 317 |
governing board and all adjacent school district boards of | 318 |
education of its intention to do so. Boards so notified may make | 319 |
recommendations to the state board regarding the proposed | 320 |
dissolution and subsequent transfer of territory. Except as | 321 |
provided in section 3301.161 of the Revised Code, the transfer | 322 |
ordered by the state board shall become effective on the date | 323 |
specified by the state board, but the date shall be at least | 324 |
thirty days following the date of issuance of the order. | 325 |
A high school is one of higher grade than an elementary | 326 |
school, in which instruction and training are given in accordance | 327 |
with sections 3301.07 and 3313.60 of the Revised Code and which | 328 |
also offers other subjects of study more advanced than those | 329 |
taught in the elementary schools and such other subjects as may be | 330 |
approved by the state board of education. | 331 |
An elementary school is one in which instruction and training | 332 |
are given in accordance with sections 3301.07 and 3313.60 of the | 333 |
Revised Code and which offers such other subjects as may be | 334 |
approved by the state board of education. In districts wherein a | 335 |
junior high school is maintained, the elementary schools in that | 336 |
district may be considered to include only the work of the first | 337 |
six school years inclusive, plus the kindergarten year. | 338 |
A high school or an elementary school may consist of less | 339 |
than one or more than one organizational unit, as defined in | 340 |
sections 3306.02 and 3306.04 of the Revised Code. | 341 |
Sec. 3301.96. Any school district that is required by the | 342 |
agreement for a grant awarded under the federal Race to the Top | 343 |
program, Division (A), Title XIV, Sections 14005 and 14006 of the | 344 |
"American Recovery and Reinvestment Act of 2009," Pub. L. No. | 345 |
111-5, 123 Stat. 115, to employ a linkage coordinator and engage | 346 |
in other activities for closing the achievement gap and increasing | 347 |
the graduation rate or to have a family and civic engagement team | 348 |
shall continue to comply with those provisions for the life of the | 349 |
grant award, in the manner provided for by former sections | 350 |
3306.31, 3313.821, and 3313.822 of the Revised Code, which | 351 |
sections were repealed by Sub. H.B. 30 of the 129th general | 352 |
assembly. | 353 |
Sec. 3302.05. The state board of education shall adopt rules | 354 |
freeing school districts declared to be excellent under division | 355 |
(B)(1) or effective under division (B)(2) of section 3302.03 of | 356 |
the Revised Code from specified state mandates. Any mandates | 357 |
included in the rules shall be only those statutes or rules | 358 |
pertaining to state education requirements. The rules shall not | 359 |
exempt districts from any standard or requirement of | 360 |
section 3306.09 of the Revised Code or from any operating standard | 361 |
adopted under division (D)(3) of section 3301.07 of the Revised | 362 |
Code. | 363 |
Sec. 3302.07. (A) The board of education of any school | 364 |
district, the governing board of any educational service center, | 365 |
or the administrative authority of any chartered nonpublic school | 366 |
may submit to the state board of education an application | 367 |
proposing an innovative education pilot program the implementation | 368 |
of which requires exemptions from specific statutory provisions or | 369 |
rules. If a district or service center board employs teachers | 370 |
under a collective bargaining agreement adopted pursuant to | 371 |
Chapter 4117. of the Revised Code, any application submitted under | 372 |
this division shall include the written consent of the teachers' | 373 |
employee representative designated under division (B) of section | 374 |
4117.04 of the Revised Code. The exemptions requested in the | 375 |
application shall be limited to any requirement of Title XXXIII of | 376 |
the Revised Code or of any rule of the state board adopted | 377 |
pursuant to that title except that the application may not propose | 378 |
an exemption from any requirement of or rule adopted pursuant to | 379 |
section 3306.09, Chapter 3307. or 3309., sections 3319.07 to | 380 |
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an | 381 |
exemption from any
| 382 |
383 | |
section 3301.07 of the Revised Code shall be granted only pursuant | 384 |
to a waiver granted by the superintendent of public instruction | 385 |
under division (O) of that section | 386 |
(B) The state board of education shall accept any application | 387 |
submitted in accordance with division (A) of this section. The | 388 |
superintendent of public instruction shall approve or disapprove | 389 |
the application in accordance with standards for approval, which | 390 |
shall be adopted by the state board. | 391 |
(C) The superintendent of public instruction shall exempt | 392 |
each district or service center board or chartered nonpublic | 393 |
school administrative authority with an application approved under | 394 |
division (B) of this section for a specified period from the | 395 |
statutory provisions or rules specified in the approved | 396 |
application. The period of exemption shall not exceed the period | 397 |
during which the pilot program proposed in the application is | 398 |
being implemented and a reasonable period to allow for evaluation | 399 |
of the effectiveness of the program. | 400 |
Sec. 3306.01. This chapter shall be administered by the | 401 |
state board of education. The superintendent of public instruction | 402 |
shall calculate the amounts payable to each school district and | 403 |
shall certify the amounts payable to each eligible district to the | 404 |
treasurer of the district as determined under this chapter. As | 405 |
soon as possible after such amounts are calculated, the | 406 |
superintendent shall certify to the treasurer of each school | 407 |
district the district's adjusted charge-off increase, as defined | 408 |
in section 5705.211 of the Revised Code. No moneys shall be | 409 |
distributed pursuant to this chapter without the approval of the | 410 |
controlling board. | 411 |
The state board of education shall, in accordance with | 412 |
appropriations made by the general assembly, meet the financial | 413 |
obligations of this chapter. | 414 |
Annually, the department of education shall calculate and | 415 |
report to each school district the district's adequacy amount | 416 |
utilizing the calculations in sections 3306.03 and 3306.13 of the | 417 |
Revised Code. The department shall calculate and report separately | 418 |
for each school district the district's total state and local | 419 |
funds for its students with disabilities, utilizing the | 420 |
calculations in sections 3306.05, 3306.11, and 3306.13 of the | 421 |
Revised Code. The department shall calculate and report separately | 422 |
for each school district the amount of funding calculated for each | 423 |
factor of the district's adequacy amount. | 424 |
Not later than the thirty-first day of August of each fiscal | 425 |
year, the department of education shall provide to each school | 426 |
district a preliminary estimate of the amount of funding that the | 427 |
department calculates the district will receive under section | 428 |
3306.13 of the Revised Code. Not later than the first day of | 429 |
December of each fiscal year, the department shall update that | 430 |
preliminary estimate. | 431 |
Moneys distributed pursuant to this chapter shall be | 432 |
calculated and paid on a fiscal year basis, beginning with the | 433 |
first day of July and extending through the thirtieth day of June. | 434 |
Unless otherwise provided, the moneys appropriated for each fiscal | 435 |
year shall be distributed at least monthly to each school | 436 |
district. The state board shall submit a yearly distribution plan | 437 |
to the controlling board at its first meeting in July. The state | 438 |
board shall submit any proposed midyear revision of the plan to | 439 |
the controlling board in January. Any year-end revision of the | 440 |
plan shall be submitted to the controlling board in June. If | 441 |
moneys appropriated for each fiscal year are distributed other | 442 |
than monthly, such distribution shall be on the same basis for | 443 |
each school district. | 444 |
The total amounts paid each month shall constitute, as nearly | 445 |
as possible, one-twelfth of the total amount payable for the | 446 |
entire year. | 447 |
Payments shall be calculated to reflect the reporting of | 448 |
formula ADM. Annualized periodic payments for each school district | 449 |
shall be based on the district's final student counts verified by | 450 |
the superintendent of public instruction based on reports under | 451 |
section 3317.03 of the Revised Code, as adjusted, if so ordered, | 452 |
under division (K) of that section. | 453 |
(A) Except as otherwise provided, payments under this chapter | 454 |
shall be made only to those school districts that comply with | 455 |
divisions (A)(1) to (3) of this section. | 456 |
(1) Each city, exempted village, and local school district | 457 |
shall levy for current operating expenses at least twenty mills. | 458 |
Levies for joint vocational or cooperative education school | 459 |
districts or county school financing districts, limited to or to | 460 |
the extent apportioned to current expenses, shall be included in | 461 |
this qualification requirement. School district income tax levies | 462 |
under Chapter 5748. of the Revised Code, limited to or to the | 463 |
extent apportioned to current operating expenses, shall be | 464 |
included in this qualification requirement to the extent | 465 |
determined by the tax commissioner under division (D) of section | 466 |
3317.021 of the Revised Code. | 467 |
(2) Each city, exempted village, local, and joint vocational | 468 |
school district, during the school year next preceding the fiscal | 469 |
year for which payments are calculated under this chapter, shall | 470 |
meet the requirement of section 3313.48 or 3313.481 of the Revised | 471 |
Code, with regard to the minimum number of days or hours school | 472 |
must be open for instruction with pupils in attendance, for | 473 |
individualized parent-teacher conference and reporting periods, | 474 |
and for professional meetings of teachers. The superintendent of | 475 |
public instruction shall waive a number of days in accordance with | 476 |
section 3317.01 of the Revised Code on which it had been necessary | 477 |
for a school to be closed because of disease epidemic, hazardous | 478 |
weather conditions, inoperability of school buses or other | 479 |
equipment necessary to the school's operation, damage to a school | 480 |
building, or other temporary circumstances due to utility failure | 481 |
rendering the school building unfit for school use. | 482 |
A school district shall not be considered to have failed to | 483 |
comply with this division or section 3313.481 of the Revised Code | 484 |
because schools were open for instruction but either twelfth grade | 485 |
students were excused from attendance for up to three days or only | 486 |
a portion of the kindergarten students were in attendance for up | 487 |
to three days in order to allow for the gradual orientation to | 488 |
school of such students. | 489 |
The superintendent of public instruction shall waive the | 490 |
requirements of this section with reference to the minimum number | 491 |
of days or hours a school must be open for instruction with pupils | 492 |
in attendance for the school year succeeding the school year in | 493 |
which a board of education initiates a plan of operation pursuant | 494 |
to section 3313.481 of the Revised Code. The minimum requirements | 495 |
of this section shall again be applicable to the district | 496 |
beginning with the school year commencing the second July | 497 |
succeeding the initiation of the plan, and for each school year | 498 |
thereafter. | 499 |
A school district shall not be considered to have failed to | 500 |
comply with this division or section 3313.48 or 3313.481 of the | 501 |
Revised Code because schools were open for instruction but the | 502 |
length of the regularly scheduled learning day, for any number of | 503 |
days during the school year, was reduced by not more than two | 504 |
hours due to hazardous weather conditions. | 505 |
(3) Each city, exempted village, local, and joint vocational | 506 |
school district shall have on file, and shall pay in accordance | 507 |
with, a teachers' salary schedule which complies with section | 508 |
3317.13 of the Revised Code. | 509 |
(B) A school district board of education or educational | 510 |
service center governing board that has not conformed with other | 511 |
law, and the rules pursuant thereto, shall not participate in the | 512 |
distribution of funds authorized by this chapter, except for good | 513 |
and sufficient reason established to the satisfaction of the state | 514 |
board of education and the state controlling board. | 515 |
(C) All funds allocated to school districts under this | 516 |
chapter, except those specifically allocated for other purposes, | 517 |
shall be used only to pay current operating expenses or for either | 518 |
of the following purposes: | 519 |
(1) The modification or purchase of classroom space to | 520 |
provide all-day kindergarten | 521 |
522 | |
space for providing all-day kindergarten to the department of | 523 |
education, in a manner specified by the department; | 524 |
(2) The modification or purchase of classroom space to reduce | 525 |
class sizes in grades kindergarten through three to attain the | 526 |
goal of fifteen students per core teacher, provided the district | 527 |
certifies its need for additional classroom space to the | 528 |
department, in a manner specified by the department. | 529 |
(D) On or before the last day of each month, the department | 530 |
of education shall certify to the director of budget and | 531 |
management for payment, for each county: | 532 |
(1)(a) That portion of the allocation of money under section | 533 |
3306.13 of the Revised Code that is required to be paid in that | 534 |
month to each school district located wholly within the county | 535 |
subsequent to the deductions described in division (D)(1)(b) of | 536 |
this section; | 537 |
(b) The amounts deducted from such allocation under sections | 538 |
3307.31 and 3309.51 of the Revised Code for payment directly to | 539 |
the school employees and state teachers retirement systems under | 540 |
such sections. | 541 |
(2) If the district is located in more than one county, an | 542 |
apportionment of the amounts that would otherwise be certified | 543 |
under division (D)(1) of this section. The amounts apportioned to | 544 |
the county shall equal the amounts certified under division (D)(1) | 545 |
of this section times the percentage of the district's resident | 546 |
pupils who reside both in the district and in the county, based on | 547 |
the average daily membership reported under division (A) of | 548 |
section 3317.03 of the Revised Code in October of the prior fiscal | 549 |
year. | 550 |
Sec. 3306.02. As used in this chapter: | 551 |
(A) "Adequacy amount" means the amount described in section | 552 |
3306.03 of the Revised Code. | 553 |
(B) "Building manager" means a person who supervises the | 554 |
administrative (non-curricular, non-instructional) functions of | 555 |
school operation so that a school principal can focus on | 556 |
supporting instruction, providing instructional leadership, and | 557 |
engaging teachers as part of the instructional leadership team. A | 558 |
building manager may be, but is not required to be, a licensed | 559 |
educator under section 3319.22 of the Revised Code. | 560 |
(C) "Career-technical education teacher" means an education | 561 |
professional who holds a valid license to provide specialized | 562 |
instruction in career and technical courses. | 563 |
(D)(1) "Category one special education ADM" means a school | 564 |
district's formula ADM of children whose primary or only | 565 |
identified disability is a speech and language disability, as this | 566 |
term is defined pursuant to Chapter 3323. of the Revised Code. | 567 |
Beginning in fiscal year 2010, for any school district for which | 568 |
formula ADM means the number verified in the previous fiscal year, | 569 |
the category one special education ADM also shall be as verified | 570 |
from the previous year. | 571 |
(2) "Category two special education ADM" means a school | 572 |
district's formula ADM of children identified as specific learning | 573 |
disabled or developmentally disabled, as these terms are defined | 574 |
pursuant to Chapter 3323. of the Revised Code, or as having an | 575 |
other health impairment-minor, as defined in this section. | 576 |
Beginning in fiscal year 2010, for any school district for which | 577 |
formula ADM means the number verified in the previous fiscal year, | 578 |
the category two special education ADM also shall be as verified | 579 |
from the previous year. | 580 |
(3) "Category three special education ADM" means a school | 581 |
district's formula ADM of children identified as hearing disabled | 582 |
or severe behavior disabled, as these terms are defined pursuant | 583 |
to Chapter 3323. of the Revised Code. Beginning in fiscal year | 584 |
2010, for any school district for which formula ADM means the | 585 |
number verified in the previous fiscal year, the category three | 586 |
special education ADM also shall be as verified from the previous | 587 |
year. | 588 |
(4) "Category four special education ADM" means a school | 589 |
district's formula ADM of children identified as vision impaired, | 590 |
as this term is defined pursuant to Chapter 3323. of the Revised | 591 |
Code, or as having an other health impairment-major, as defined in | 592 |
this section. Beginning in fiscal year 2010, for any school | 593 |
district for which formula ADM means the number verified in the | 594 |
previous fiscal year, the category four special education ADM also | 595 |
shall be as verified from the previous year. | 596 |
(5) "Category five special education ADM" means a school | 597 |
district's formula ADM of children identified as orthopedically | 598 |
disabled or as having multiple disabilities, as these terms are | 599 |
defined pursuant to Chapter 3323. of the Revised Code. Beginning | 600 |
in fiscal year 2010, for any school district for which formula ADM | 601 |
means the number verified in the previous fiscal year, the | 602 |
category five special education ADM also shall be as verified from | 603 |
the previous year. | 604 |
(6) "Category six special education ADM" means a school | 605 |
district's formula ADM of children identified as autistic, having | 606 |
traumatic brain injuries, or as both visually and hearing | 607 |
impaired, as these terms are defined pursuant to Chapter 3323. of | 608 |
the Revised Code. Beginning in fiscal year 2010, for any school | 609 |
district for which formula ADM means the number verified in the | 610 |
previous fiscal year, the category six special education ADM also | 611 |
shall be as verified from the previous year. | 612 |
(E) "Class one effective operating tax rate" of a school | 613 |
district means the quotient obtained by dividing the district's | 614 |
class one taxes charged and payable for current expenses, | 615 |
excluding taxes levied under sections 5705.194 to 5705.197, | 616 |
5705.199, 5705.213, and 5705.219 of the Revised Code, by the | 617 |
district's class one taxable value. | 618 |
(F) "Core teacher" means an education professional who | 619 |
provides instruction in English-language arts, mathematics, | 620 |
science, social studies, or foreign languages. | 621 |
(G) "Counselor" means a person with a valid educator license | 622 |
issued pursuant to section 3319.22 of the Revised Code who | 623 |
provides pre-college and career counseling, general academic | 624 |
counseling, course planning, and other counseling services that | 625 |
are not related to a student's individualized education plan, as | 626 |
defined in section 3323.01 of the Revised Code. | 627 |
(H)(1) "Formula ADM" means, for a city, local, or exempted | 628 |
village school district, the average daily membership described in | 629 |
division (A) of section 3317.03 of the Revised Code, as verified | 630 |
by the superintendent of public instruction and adjusted if so | 631 |
ordered under division (K) of that section, further adjusted by | 632 |
the department of education, as follows: | 633 |
(a) Count only twenty per cent of the number of joint | 634 |
vocational school district students counted under division (A)(3) | 635 |
of section 3317.03 of the Revised Code; | 636 |
(b) Add twenty per cent of the number of students who are | 637 |
entitled to attend school in the district under section 3313.64 or | 638 |
3313.65 of the Revised Code and are enrolled in another school | 639 |
district under a career-technical educational compact. | 640 |
(2) In making calculations under this chapter that utilize | 641 |
formula ADM, the department shall use the formula ADM derived from | 642 |
the final, verified, and adjusted average daily membership | 643 |
described under division (A) of section 3317.03 of the Revised | 644 |
Code for the prior fiscal year, unless such average daily | 645 |
membership for the current fiscal year exceeds that number by two | 646 |
per cent or more. In that case, the department shall derive the | 647 |
formula ADM from such average daily membership for the current | 648 |
fiscal year. | 649 |
(3) For fiscal year 2010, the department shall calculate | 650 |
formula ADM on the basis of the final, verified, and adjusted | 651 |
average daily membership, described in division (A) of the version | 652 |
of section 3317.03 of the Revised Code in effect on and after | 653 |
654 | |
unless such average daily membership for October 2009 exceeds that | 655 |
number by two per cent or more. In that case, the department shall | 656 |
derive the formula ADM from such average daily membership for | 657 |
October 2009. | 658 |
(I) "Gifted coordinator" means a person who holds a valid | 659 |
educator license issued under section 3319.22 of the Revised Code, | 660 |
meets the qualifications for a gifted coordinator specified in the | 661 |
operating standards for identifying and serving gifted students | 662 |
prescribed in rules adopted by the state board of education, and | 663 |
provides coordination services for gifted students in accordance | 664 |
with those standards. | 665 |
(J) "Gifted intervention specialist" means a person who holds | 666 |
a valid gifted intervention specialist license or endorsement | 667 |
issued under section 3319.22 of the Revised Code and serves gifted | 668 |
students in accordance with the operating standards for | 669 |
identifying and serving gifted students prescribed in rules | 670 |
adopted by the state board of education. | 671 |
(K) "Internet- or computer-based community school" has the | 672 |
same meaning as in section 3314.02 of the Revised Code. | 673 |
(L) "Lead teacher" means a teacher who provides mentoring and | 674 |
coaching for new teachers. A lead teacher also assists in | 675 |
coordinating professional development activities, in the | 676 |
development of professional learning communities, and in common | 677 |
planning time, and assists teachers in developing project-based, | 678 |
real-world learning activities for their students. The lead | 679 |
teacher position shall be a rotating position in which an | 680 |
individual shall serve no more than three years. After lead | 681 |
teacher licenses become available under section 3319.22 of the | 682 |
Revised Code, only teachers who hold that license shall be | 683 |
appointed as lead teachers. Until that time, each school district | 684 |
shall designate qualifications for the lead teacher position that | 685 |
are comparable to the licensing requirements, and shall give | 686 |
preference for appointment to the position to teachers who are | 687 |
certified by the national board for professional teaching | 688 |
standards or who meet the qualifications for a "master teacher" | 689 |
established by the educator standards board. | 690 |
(M) "Limited English proficiency teacher" means a person who | 691 |
provides instruction in English as a second language. | 692 |
(N) "Medically fragile child" means a child to whom all of | 693 |
the following apply: | 694 |
(1) The child requires the services of a doctor of medicine | 695 |
or osteopathic medicine at least once a week due to the | 696 |
instability of the child's medical condition. | 697 |
(2) The child requires the services of a registered nurse on | 698 |
a daily basis. | 699 |
(3) The child is at risk of institutionalization in a | 700 |
hospital, skilled nursing facility, or intermediate care facility | 701 |
for the mentally retarded. | 702 |
(O) "Ohio educational challenge factor" means an index to | 703 |
adjust the funding amount for each school district to account for | 704 |
student and community socioeconomic factors affecting teacher | 705 |
recruitment and retention, professional development, and other | 706 |
factors related to quality instruction. The Ohio educational | 707 |
challenge factor for each school district includes the district's | 708 |
college attainment rate of population, wealth per pupil, and | 709 |
concentration of poverty, and is listed in section 3306.051 of the | 710 |
Revised Code. | 711 |
(P) "Organizational unit" means, for the purpose of | 712 |
calculating a school district's adequacy amount under this | 713 |
chapter, a unit used to index a school district's formula ADM in | 714 |
certain grade levels. Calculating the number of organizational | 715 |
units in a school district functions to allocate the state's | 716 |
resources in a manner that achieves a thorough, efficient, and | 717 |
adequate educational system that provides the appropriate services | 718 |
to students enrolled in that district. In recognition of the fact | 719 |
that students have different educational needs at each | 720 |
developmental stage, organizational units group the grade levels | 721 |
into elementary school units, middle school units, and high school | 722 |
units. Except as provided in division (C) of section 3306.04 of | 723 |
the Revised Code, a school district's "organizational units" is | 724 |
the sum of its elementary school units, middle school units, and | 725 |
high school units. | 726 |
(Q) A child may be identified as having an "other health | 727 |
impairment-major" if the child's condition meets the definition of | 728 |
"other health impaired" established in rules adopted by the state | 729 |
board of education prior to July 1, 2001, and if either of the | 730 |
following | 731 |
(1) The child is identified as having a medical condition | 732 |
that is among those listed by the superintendent of public | 733 |
instruction as conditions where a substantial majority of cases | 734 |
fall within the definition of "medically fragile child." | 735 |
(2) The child is determined by the superintendent of public | 736 |
instruction to be a medically fragile child. A school district may | 737 |
petition the superintendent of public instruction for a | 738 |
determination that a child is a medically fragile child. | 739 |
(R) A child may be identified as having an "other health | 740 |
impairment-minor" if the child's condition meets the definition of | 741 |
"other health impaired" established in rules adopted by the state | 742 |
board of education prior to July 1, 2001, but the child's | 743 |
condition does not meet either of the conditions specified in | 744 |
division (Q)(1) or (2) of this section. | 745 |
(S) "Potential value" of a school district means: | 746 |
(1) For a district with a class one effective operating rate | 747 |
that is less than twenty and one-tenth effective mills, the sum of | 748 |
its total taxable value plus its tax exempt value; | 749 |
(2) For a district with a class one effective operating rate | 750 |
that is greater than or equal to twenty and one-tenth effective | 751 |
mills, the sum of its recognized valuation plus its tax exempt | 752 |
value. | 753 |
(T) "Principal" means a person who provides management | 754 |
oversight of building operations, academic leadership for the | 755 |
teaching professionals, and other administrative duties. | 756 |
(U) "Property exemption value" means the amount certified for | 757 |
a school district under divisions (A)(6) and (7) of section | 758 |
3317.021 of the Revised Code. | 759 |
(V) "Recognized valuation" means the amount calculated for a | 760 |
school district pursuant to section 3317.015 of the Revised Code. | 761 |
(W) "School nurse wellness coordinator" means a person who | 762 |
has fulfilled the requirements for the issuance of a school nurse | 763 |
wellness coordinator license under section 3319.221 of the Revised | 764 |
Code. | 765 |
(X) "Small school district" means a city, local, or exempted | 766 |
village school district that has a formula ADM of less than four | 767 |
hundred eighteen students in grades kindergarten through twelve. | 768 |
(Y) "Special education" has the same meaning as in section | 769 |
3323.01 of the Revised Code. | 770 |
(Z) "Special education teacher" means a teacher who holds the | 771 |
necessary license issued pursuant to section 3319.22 of the | 772 |
Revised Code to meet the unique needs of children with | 773 |
disabilities. | 774 |
(AA) "Special education teacher's aide" means a person | 775 |
providing support for special education teachers and other | 776 |
associated duties. | 777 |
(BB) "Specialist teacher" means a person holding a valid | 778 |
educator's license, issued pursuant to section 3319.22 of the | 779 |
Revised Code, who provides instruction in dance, drama and | 780 |
theater, music, visual art, or physical education. | 781 |
(CC) "State share percentage" means the quotient of a school | 782 |
district's state share of the adequacy amount determined under | 783 |
section 3306.13 of the Revised Code divided by the total adequacy | 784 |
amount for the district as described in section 3306.03 of the | 785 |
Revised Code. If the quotient is a negative number, the district's | 786 |
state share percentage is zero. | 787 |
(DD) "Family and community liaisons" means individuals who | 788 |
provide assistance to students and their families | 789 |
790 | |
791 | |
as family liaisons, social workers, and student advocates. | 792 |
(EE) "Supplemental teacher" means a person holding a valid | 793 |
educator license issued pursuant to section 3319.22 of the Revised | 794 |
Code, or qualified to secure such a license and approved by the | 795 |
school district to provide remedial services, intensive | 796 |
subject-based instruction, homework help, or other forms of | 797 |
supplemental instruction. | 798 |
(FF) "Targeted poverty indicator" means the percentage of a | 799 |
school district's students who are economically disadvantaged, as | 800 |
determined for purposes of the report card issued under section | 801 |
3302.03 of the Revised Code. | 802 |
(GG) "Tax exempt value" of a school district means the amount | 803 |
certified for a school district under division (A)(4) of section | 804 |
3317.021 of the Revised Code. | 805 |
(HH) "Total taxable value" means the sum of the amounts | 806 |
certified for a school district under divisions (A)(1) and (2) of | 807 |
section 3317.021 of the Revised Code. | 808 |
Sec. 3306.05. (A) The instructional services support | 809 |
component of the adequacy amount for each city, local, and | 810 |
exempted village school district is the sum of the following: | 811 |
(1) The core teacher factor; | 812 |
(2) The specialist teacher factor; | 813 |
(3) The lead teacher factor; | 814 |
(4) The special education teacher factor; | 815 |
(5) The special education teacher's aide factor; | 816 |
(6) The limited English proficiency teacher factor; | 817 |
(7) The supplemental teacher factor. | 818 |
(B) Each factor listed in division (A) of this section shall | 819 |
be calculated by multiplying the Ohio educational challenge | 820 |
factor, specified for the district in section 3306.051 of the | 821 |
Revised Code, times the statewide base teacher salary of $56,902 | 822 |
in fiscal year 2010 and $57,812 in fiscal year 2011, times the | 823 |
number of positions funded, as follows: | 824 |
(1) The number of core teacher positions funded shall be | 825 |
calculated by dividing the district's formula ADM in grades four | 826 |
to twelve by twenty-five, and then adding that number to the | 827 |
quotient of the district's formula ADM in grades kindergarten to | 828 |
three divided by the following: | 829 |
(a) In fiscal years 2010 and 2011, nineteen; | 830 |
(b) In fiscal years 2012 and 2013, seventeen; | 831 |
(c) In fiscal year 2014 and in each fiscal year thereafter, | 832 |
fifteen. | 833 |
(2) The number of specialist teacher positions funded shall | 834 |
be calculated by multiplying the number of core teacher positions | 835 |
determined under division (B)(1) of this section for grades | 836 |
kindergarten to eight by one-fifth, and by multiplying the number | 837 |
of core teacher positions determined for grades nine to twelve by | 838 |
one-fourth. | 839 |
(3) The number of lead teacher positions funded shall equal | 840 |
the number of the district's organizational units. | 841 |
(4) The number of special education teacher positions and | 842 |
special education teacher's aide positions funded shall be | 843 |
calculated as provided in section 3306.11 of the Revised Code. | 844 |
(5) The number of limited English proficiency teacher | 845 |
positions funded shall be calculated by multiplying the district's | 846 |
formula ADM times the district's percentage of limited English | 847 |
proficient students, as defined in 20 U.S.C. 7801, and then | 848 |
dividing that product by one hundred; | 849 |
(6) The number of supplemental teacher positions funded shall | 850 |
be calculated by multiplying the district's formula ADM times its | 851 |
targeted poverty indicator, and then dividing that product by one | 852 |
hundred. | 853 |
| 854 |
855 | |
856 | |
857 |
Sec. 3306.06. (A) The additional services support component | 858 |
of the adequacy amount for each city, local, and exempted village | 859 |
school district is the sum of the following: | 860 |
(1) The family and community liaison factor; | 861 |
(2) The counselor factor; | 862 |
(3) The summer remediation factor; | 863 |
(4) The school nurse wellness coordinator factor; | 864 |
(5) The district health professional factor. | 865 |
(B)(1) The family and community liaison factor shall be | 866 |
calculated by multiplying the school district's formula ADM times | 867 |
its targeted poverty indicator and dividing the product by | 868 |
seventy-five, and then multiplying the quotient by the product of | 869 |
the applicable Ohio educational challenge factor times $38,633, in | 870 |
fiscal year 2010, and times $39,381, in fiscal year 2011. | 871 |
(2) The counselor factor shall be calculated by dividing the | 872 |
district's formula ADM for grades six to twelve by two hundred | 873 |
fifty, and then multiplying the quotient by a dollar amount for | 874 |
each fiscal year established by law. No counselor factor shall be | 875 |
calculated and paid for fiscal years 2010 and 2011. | 876 |
(3) The summer remediation program factor shall be calculated | 877 |
by multiplying the district's formula ADM times its targeted | 878 |
poverty indicator times fifty per cent, which represents the | 879 |
anticipated participation rate, dividing that product by thirty, | 880 |
which is the assumed student-to-teacher ratio for summer | 881 |
remediation, and multiplying that quotient by the product of | 882 |
$3,000 times the applicable Ohio educational challenge factor. | 883 |
(4) The school nurse wellness coordinator factor shall be | 884 |
calculated by multiplying the number of the district's | 885 |
organizational units times a dollar amount for each fiscal year | 886 |
established by law, except that in a small school district, the | 887 |
school nurse wellness coordinator factor shall be zero. No school | 888 |
nurse wellness coordinator factor shall be calculated and paid for | 889 |
fiscal years 2010 and 2011. | 890 |
(5) The district health professional factor for each district | 891 |
equals a dollar amount specified by law for each fiscal year. No | 892 |
district health professional factor shall be calculated and paid | 893 |
for fiscal years 2010 and 2011. | 894 |
| 895 |
896 | |
897 | |
898 | |
899 | |
900 | |
901 |
| 902 |
903 | |
904 | |
905 |
Sec. 3306.07. (A) The administrative services support | 906 |
component of the adequacy amount for each city, local, and | 907 |
exempted village school district is the sum of the following: | 908 |
(1) The district administration factor; | 909 |
(2) The principal factor; | 910 |
(3) The administrative support personnel factor; | 911 |
(B)(1) The district administration factor equals $187,176 in | 912 |
fiscal year 2010 and $190,801 in fiscal year 2011. | 913 |
(2) The principal factor shall be calculated by multiplying | 914 |
the number of the district's organizational units times $89,563 in | 915 |
fiscal year 2010 and $91,297 in fiscal year 2011. However, each | 916 |
type 1 or type 2 school district shall receive for a principal | 917 |
factor an amount not less than the applicable dollar amount | 918 |
specified in this paragraph times the number of school buildings | 919 |
in the district for which the department of education issued a | 920 |
report card under section 3302.03 of the Revised Code for the | 921 |
prior school year. As used in this division, "type 1 school | 922 |
district" means a school district characterized as a type 1 | 923 |
(rural/agricultural, high poverty, low median income) district, | 924 |
and "type 2 school district" means a school district characterized | 925 |
as a type 2 (rural/agricultural, small student population, low | 926 |
poverty, low to moderate median income), in the typology of | 927 |
districts published by the department in July 2007. | 928 |
(3) The administrative support personnel factor is funding | 929 |
determined for building managers, secretaries, and | 930 |
noninstructional aides. | 931 |
(a) The funding for building managers shall be calculated by | 932 |
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year | 933 |
2011 times the number of the district's organizational units. | 934 |
(b) The funding for secretaries shall be calculated by | 935 |
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year | 936 |
2011 times the number of the district's organizational units, | 937 |
where two additional secretaries shall be funded for each high | 938 |
school organizational unit. | 939 |
(c) The funding for noninstructional aides shall be a dollar | 940 |
amount set by law for each fiscal year times the number of the | 941 |
district's organizational units, where the organizational units | 942 |
are multiplied by two in the case of elementary school and middle | 943 |
school organizational units and by three in case of high school | 944 |
organizational units. | 945 |
However, each small school district shall receive funding for | 946 |
one building manager, one secretary, and one noninstructional | 947 |
aide. Every other city, local, and exempted village school | 948 |
district shall receive funding for at least one building manager, | 949 |
one secretary, and one noninstructional aide. | 950 |
No funding shall be calculated and paid for noninstructional | 951 |
aides for fiscal years 2010 and 2011. | 952 |
| 953 |
954 | |
955 | |
956 |
Sec. 3306.08. (A) The operations and maintenance support | 957 |
component of the adequacy amount for each city, local, and | 958 |
exempted village school district shall be calculated by | 959 |
multiplying the district's formula ADM times $884. | 960 |
(B) The operations and maintenance support for each city, | 961 |
local, and exempted village school district shall be adjusted by | 962 |
multiplying the calculated amount by 0.45 in fiscal years 2010 and | 963 |
2011, and by 0.75 in fiscal years 2012 and 2013. | 964 |
| 965 |
966 | |
967 | |
968 |
Sec. 3306.09. (A) The gifted education support component of | 969 |
the adequacy amount for each city, local, and exempted village | 970 |
school district is the sum of the following: | 971 |
(1) The gifted identification factor; | 972 |
(2) The gifted coordinator factor; | 973 |
(3) The gifted intervention specialist factor; | 974 |
(4) The gifted intervention specialist professional | 975 |
development factor. | 976 |
(B)(1) The gifted identification factor shall be calculated | 977 |
by multiplying the district's formula ADM times $5. | 978 |
(2) The gifted coordinator factor shall be calculated by | 979 |
multiplying $66,375 in fiscal year 2010 and $67,660 in fiscal year | 980 |
2011 times the quotient of the district's formula ADM divided by | 981 |
two thousand five hundred. | 982 |
(3) The gifted intervention specialist factor shall be | 983 |
calculated by multiplying the number of the district's | 984 |
organizational units times the Ohio educational challenge factor | 985 |
specified for the district in section 3306.051 of the Revised Code | 986 |
times the statewide base teacher salary specified in section | 987 |
3306.05 of the Revised Code. | 988 |
(4) The gifted intervention specialist professional | 989 |
development factor shall be calculated by multiplying the number | 990 |
of the district's organizational units times the | 991 |
per-teaching-position dollar amount specified for the professional | 992 |
development factor in division (A)(7) of section 3306.03 of the | 993 |
Revised Code. | 994 |
(C) The gifted intervention specialist factor and the gifted | 995 |
intervention specialist professional development factor for each | 996 |
city, local, and exempted village school district, shall be | 997 |
adjusted by multiplying the calculated amount by 0.20 in fiscal | 998 |
year 2010, by 0.30 in fiscal year 2011, by 0.40 in fiscal years | 999 |
2012 and 2013, by 0.60 in fiscal years 2014 and 2015, and by 0.80 | 1000 |
in fiscal years 2016 and 2017. | 1001 |
(D) A school district that does not submit an annual report | 1002 |
under section 3324.05 of the Revised Code, or that reports zero | 1003 |
students identified as gifted, shall receive zero funding for the | 1004 |
gifted coordinator factor, the gifted intervention specialist | 1005 |
factor, and the gifted intervention specialist professional | 1006 |
development factor. | 1007 |
(E) Each school district shall expend the funds calculated | 1008 |
under the gifted education support component in accordance with | 1009 |
rules adopted | 1010 |
state board of education. Those rules shall require that such | 1011 |
funds be spent only for the employment of staff to serve students | 1012 |
identified as gifted, in accordance with Chapter 3324. of the | 1013 |
Revised Code, or for other services to such students. The rules | 1014 |
shall be aligned with the operating standards for identifying and | 1015 |
serving gifted students prescribed in rules adopted by the state | 1016 |
board | 1017 |
1018 | |
expenditure and reporting of funds for the gifted education | 1019 |
support component adopted under
| 1020 |
effect July 1, | 1021 |
Subject to approval by the department of education, a school | 1022 |
district may use up to fifteen per cent of the portion of the | 1023 |
gifted intervention specialist factor attributable to the grade | 1024 |
six through twelve formula ADM to support access to services | 1025 |
provided by the district that are not services described in | 1026 |
Chapter 3324. of the Revised Code but are specified in gifted | 1027 |
students' written education plans prepared in accordance with the | 1028 |
state board's operating standards for identifying and serving | 1029 |
gifted students. | 1030 |
(F) Each school district shall account separately for | 1031 |
expenditures of the amounts received for gifted identification, | 1032 |
gifted coordinators, gifted intervention specialists, and gifted | 1033 |
intervention specialist professional development under this | 1034 |
section and report that information to the department of | 1035 |
education. | 1036 |
(G)(1) Each city, local, and exempted village school district | 1037 |
that received for fiscal year 2009 unit funding for staff to | 1038 |
provide gifted student services under division (L) of section | 1039 |
3317.024 and division (E) of section 3317.05 of the Revised Code, | 1040 |
as those sections existed for that fiscal year, shall spend in | 1041 |
each fiscal year thereafter for staff to provide services to | 1042 |
identified gifted students from the funds received under this | 1043 |
chapter an amount not less than the aggregate amount received for | 1044 |
such gifted unit funding for fiscal year 2009. | 1045 |
(2) Each city, local, and exempted village school district | 1046 |
that, in fiscal year 2009, received gifted student services from | 1047 |
staff employed for that purpose by an educational service center, | 1048 |
which service center received for fiscal year 2009 unit funding | 1049 |
for gifted student services, shall in each fiscal year thereafter | 1050 |
do either of the following: | 1051 |
(a) Obtain staff to provide gifted student services from an | 1052 |
educational service center that are comparable to the gifted | 1053 |
student staff services provided to the district with gifted unit | 1054 |
funding in fiscal year 2009 by an educational service center; | 1055 |
(b) Spend for staff to provide services to identified gifted | 1056 |
students from the funds received under this chapter an amount not | 1057 |
less than the amount of gifted unit funding expended by an | 1058 |
educational service center in fiscal year 2009 for the district's | 1059 |
students. | 1060 |
(3) | 1061 |
1062 | |
1063 | |
1064 | |
1065 |
| 1066 |
year 2009 unit funding for staff to provide gifted student | 1067 |
services shall spend from its state funds in each fiscal year | 1068 |
thereafter for staff to provide services to identified gifted | 1069 |
students an amount not less than the aggregate amount received for | 1070 |
gifted unit funding for fiscal year 2009. | 1071 |
1072 | |
1073 |
(H) A city, local, or exempted village school district that | 1074 |
did not receive for fiscal year 2009 unit funding for gifted | 1075 |
student services under division (L) of section 3317.024 and | 1076 |
division (E) of section 3317.05 of the Revised Code, as those | 1077 |
sections existed for that fiscal year, may apply to the | 1078 |
superintendent of public instruction for a waiver | 1079 |
1080 | |
prescribed under division (E) of this section.
| 1081 |
1082 | |
1083 | |
division shall not be effective for longer than two years | 1084 |
1085 | |
which shall not be effective for longer than one year. | 1086 |
(I) Each school district and educational center shall account | 1087 |
for the funds spent under division (G) of this section and report | 1088 |
that information to the department. The operating standards for | 1089 |
identifying and serving gifted students shall apply to the staff | 1090 |
funded under this section. The department shall monitor and | 1091 |
enforce compliance with the spending requirements in division (G) | 1092 |
of this section. | 1093 |
Sec. 3306.091. (A) The enrichment support component of the | 1094 |
adequacy amount for each city, local, and exempted village school | 1095 |
district shall be calculated by multiplying the district's formula | 1096 |
ADM times $100 times the Ohio educational challenge factor. | 1097 |
(B) The enrichment support for each city, local, and exempted | 1098 |
village school district shall be adjusted by multiplying the | 1099 |
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal | 1100 |
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in | 1101 |
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and | 1102 |
2017. | 1103 |
(C) | 1104 |
1105 | |
1106 | |
district may spend the enrichment support component to pay for | 1107 |
enrichment activities that may encourage the intellectual and | 1108 |
creative pursuits of all students, including the fine arts. | 1109 |
| 1110 |
1111 | |
1112 | |
1113 |
Sec. 3306.10. (A) The technology resources support component | 1114 |
of the adequacy amount for each city, local, and exempted village | 1115 |
school district is the sum of the following: | 1116 |
(1) The licensed librarian and media specialist factor; | 1117 |
(2) The technical equipment factor. | 1118 |
(B)(1) The licensed librarian and media specialist factor | 1119 |
shall be calculated by multiplying the number of the district's | 1120 |
organizational units times $60,000. | 1121 |
(2) The technical equipment factor shall be calculated by | 1122 |
multiplying the district's formula ADM times $250. | 1123 |
(C) The licensed librarian and media specialist factor and | 1124 |
the technical equipment factor for each city, local, and exempted | 1125 |
village school district shall be adjusted by multiplying the | 1126 |
calculated amounts by 0.20 in fiscal year 2010, by 0.30 in fiscal | 1127 |
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in | 1128 |
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and | 1129 |
2017. | 1130 |
| 1131 |
1132 | |
1133 | |
1134 |
Sec. 3315.18. (A) The board of education of each city, | 1135 |
exempted village, local, and joint vocational school district | 1136 |
shall establish a capital and maintenance fund. Each board | 1137 |
annually shall deposit into that fund an amount derived from | 1138 |
revenues received by the district that would otherwise have been | 1139 |
deposited in the general fund that is equal to three per cent of | 1140 |
the formula amount for the preceding fiscal year, as defined in | 1141 |
section 3317.02 of the Revised Code, or another percentage if | 1142 |
established by the auditor of state under division (B) of this | 1143 |
section, multiplied by the district's student population for the | 1144 |
preceding fiscal year, except that money received from a permanent | 1145 |
improvement levy authorized by section 5705.21 of the Revised Code | 1146 |
may replace general revenue moneys in meeting the requirements of | 1147 |
this section. Money in the fund shall be used solely for | 1148 |
acquisition, replacement, enhancement, maintenance, or repair of | 1149 |
permanent improvements, as that term is defined in section 5705.01 | 1150 |
of the Revised Code. Any money in the fund that is not used in any | 1151 |
fiscal year shall carry forward to the next fiscal year. | 1152 |
(B) The state superintendent of public instruction and the | 1153 |
auditor of state jointly shall adopt rules in accordance with | 1154 |
Chapter 119. of the Revised Code defining what constitutes | 1155 |
expenditures permitted by division (A) of this section. The | 1156 |
auditor of state may designate a percentage, other than three per | 1157 |
cent, of the formula amount multiplied by the district's student | 1158 |
population that must be deposited into the fund. | 1159 |
(C) Within its capital and maintenance fund, a school | 1160 |
district board of education may establish a separate account | 1161 |
solely for the purpose of depositing funds transferred from the | 1162 |
district's reserve balance account established under former | 1163 |
division (H) of section 5705.29 of the Revised Code. After April | 1164 |
10, 2001, a board may deposit all or part of the funds formerly | 1165 |
included in such reserve balance account in the separate account | 1166 |
established under this section. Funds deposited in this separate | 1167 |
account and interest on such funds shall be utilized solely for | 1168 |
the purpose of providing the district's portion of the basic | 1169 |
project costs of any project undertaken in accordance with Chapter | 1170 |
3318. of the Revised Code. | 1171 |
(D)(1) Notwithstanding division (A) of this section, in any | 1172 |
year a district is in fiscal emergency status as declared pursuant | 1173 |
to section 3316.03 of the Revised Code, the district may deposit | 1174 |
an amount less than required by division (A) of this section, or | 1175 |
make no deposit, into the district capital and maintenance fund | 1176 |
for that year. | 1177 |
(2) Notwithstanding division (A) of this section, in any | 1178 |
fiscal year that a school district is either in fiscal watch | 1179 |
status, as declared pursuant to section 3316.03 of the Revised | 1180 |
Code, or in fiscal caution status, as declared pursuant to section | 1181 |
3316.031 of the Revised Code, the district may apply to the | 1182 |
superintendent of public instruction for a waiver from the | 1183 |
requirements of division (A) of this section, under which the | 1184 |
district may be permitted to deposit an amount less than required | 1185 |
by that division or permitted to make no deposit into the district | 1186 |
capital and maintenance fund for that year. The superintendent may | 1187 |
grant a waiver under division (D)(2) of this section if the | 1188 |
district demonstrates to the satisfaction of the superintendent | 1189 |
that compliance with division (A) of this section that year will | 1190 |
create an undue financial hardship on the district. | 1191 |
(3) Notwithstanding division (A) of this section, not more | 1192 |
often than one fiscal year in every three consecutive fiscal | 1193 |
years, any school district that does not satisfy the conditions | 1194 |
for the exemption described in division (D)(1) of this section or | 1195 |
the conditions to apply for the waiver described in division | 1196 |
(D)(2) of this section may apply to the superintendent of public | 1197 |
instruction for a waiver from the requirements of division (A) of | 1198 |
this section, under which the district may be permitted to deposit | 1199 |
an amount less than required by that division or permitted to make | 1200 |
no deposit into the district capital and maintenance fund for that | 1201 |
year. The superintendent may grant a waiver under division (D)(3) | 1202 |
of this section if the district demonstrates to the satisfaction | 1203 |
of the superintendent that compliance with division (A) of this | 1204 |
section that year will necessitate the reduction or elimination of | 1205 |
a program currently offered by the district that is critical to | 1206 |
the academic success of students of the district and that no | 1207 |
reasonable alternatives exist for spending reductions in other | 1208 |
areas of operation within the district that negate the necessity | 1209 |
of the reduction or elimination of that program. | 1210 |
(E) Notwithstanding any provision to the contrary in Chapter | 1211 |
4117. of the Revised Code, the requirements of this section | 1212 |
prevail over any conflicting provisions of agreements between | 1213 |
employee organizations and public employers entered into after | 1214 |
November 21, 1997. | 1215 |
(F) As used in this section, "student population" means the | 1216 |
average, daily, full-time equivalent number of students in | 1217 |
kindergarten through twelfth grade receiving any educational | 1218 |
services from the school district during the first full school | 1219 |
week in October, excluding students enrolled in adult education | 1220 |
classes, but including all of the following: | 1221 |
(1) Adjacent or other district students enrolled in the | 1222 |
district under an open enrollment policy pursuant to section | 1223 |
3313.98 of the Revised Code; | 1224 |
(2) Students receiving services in the district pursuant to a | 1225 |
compact, cooperative education agreement, or a contract, but who | 1226 |
are entitled to attend school in another district pursuant to | 1227 |
section 3313.64 or 3313.65 of the Revised Code; | 1228 |
(3) Students for whom tuition is payable pursuant to sections | 1229 |
3317.081 and 3323.141 of the Revised Code. | 1230 |
The department of education shall determine a district's | 1231 |
student population using data reported to it under section 3317.03 | 1232 |
of the Revised Code for the applicable fiscal year. | 1233 |
Sec. 3315.19. Notwithstanding the provisions of | 1234 |
1235 | |
exists after
| 1236 |
board of education of any school district annually may elect to | 1237 |
set aside funds | 1238 |
capital and maintenance in accordance with the provisions of | 1239 |
1240 | |
1241 | |
1242 | |
election under this section shall notify the auditor of state | 1243 |
within ninety days after the beginning of the fiscal year whether | 1244 |
the district intends to comply with the provisions of | 1245 |
former | 1246 |
district making an election under this section shall not be | 1247 |
required to comply, during the fiscal year of the election, with | 1248 |
the provisions of | 1249 |
Revised Code as | 1250 |
1251 |
Sec. 3316.06. (A) Within one hundred twenty days after the | 1252 |
first meeting of a school district financial planning and | 1253 |
supervision commission, the commission shall adopt a financial | 1254 |
recovery plan regarding the school district for which the | 1255 |
commission was created. During the formulation of the plan, the | 1256 |
commission shall seek appropriate input from the school district | 1257 |
board and from the community. This plan shall contain the | 1258 |
following: | 1259 |
(1) Actions to be taken to: | 1260 |
(a) Eliminate all fiscal emergency conditions declared to | 1261 |
exist pursuant to division (B) of section 3316.03 of the Revised | 1262 |
Code; | 1263 |
(b) Satisfy any judgments, past-due accounts payable, and all | 1264 |
past-due and payable payroll and fringe benefits; | 1265 |
(c) Eliminate the deficits in all deficit funds, except that | 1266 |
any prior year deficits in | 1267 |
1268 | |
1269 | |
pursuant to section 3315.18 of the Revised Code shall be forgiven; | 1270 |
(d) Restore to special funds any moneys from such funds that | 1271 |
were used for purposes not within the purposes of such funds, or | 1272 |
borrowed from such funds by the purchase of debt obligations of | 1273 |
the school district with the moneys of such funds, or missing from | 1274 |
the special funds and not accounted for, if any; | 1275 |
(e) Balance the budget, avoid future deficits in any funds, | 1276 |
and maintain on a current basis payments of payroll, fringe | 1277 |
benefits, and all accounts; | 1278 |
(f) Avoid any fiscal emergency condition in the future; | 1279 |
(g) Restore the ability of the school district to market | 1280 |
long-term general obligation bonds under provisions of law | 1281 |
applicable to school districts generally. | 1282 |
(2) The management structure that will enable the school | 1283 |
district to take the actions enumerated in division (A)(1) of this | 1284 |
section. The plan shall specify the level of fiscal and management | 1285 |
control that the commission will exercise within the school | 1286 |
district during the period of fiscal emergency, and shall | 1287 |
enumerate respectively, the powers and duties of the commission | 1288 |
and the powers and duties of the school board during that period. | 1289 |
The commission may elect to assume any of the powers and duties of | 1290 |
the school board it considers necessary, including all powers | 1291 |
related to personnel, curriculum, and legal issues in order to | 1292 |
successfully implement the actions described in division (A)(1) of | 1293 |
this section. | 1294 |
(3) The target dates for the commencement, progress upon, and | 1295 |
completion of the actions enumerated in division (A)(1) of this | 1296 |
section and a reasonable period of time expected to be required to | 1297 |
implement the plan. The commission shall prepare a reasonable time | 1298 |
schedule for progress toward and achievement of the requirements | 1299 |
for the plan, and the plan shall be consistent with that time | 1300 |
schedule. | 1301 |
(4) The amount and purpose of any issue of debt obligations | 1302 |
that will be issued, together with assurances that any such debt | 1303 |
obligations that will be issued will not exceed debt limits | 1304 |
supported by appropriate certifications by the fiscal officer of | 1305 |
the school district and the county auditor. Debt obligations | 1306 |
issued pursuant to section 133.301 of the Revised Code shall | 1307 |
include assurances that such debt shall be in an amount not to | 1308 |
exceed the amount certified under division (B) of such section. If | 1309 |
the commission considers it necessary in order to maintain or | 1310 |
improve educational opportunities of pupils in the school | 1311 |
district, the plan may include a proposal to restructure or | 1312 |
refinance outstanding debt obligations incurred by the board under | 1313 |
section 3313.483 of the Revised Code contingent upon the approval, | 1314 |
during the period of the fiscal emergency, by district voters of a | 1315 |
tax levied under section 718.09, 718.10, 5705.194, 5705.21, | 1316 |
5748.02, or 5748.08 of the Revised Code that is not a renewal or | 1317 |
replacement levy, or a levy under section 5705.199 of the Revised | 1318 |
Code, and that will provide new operating revenue. Notwithstanding | 1319 |
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of | 1320 |
the Revised Code, following the required approval of the district | 1321 |
voters and with the approval of the commission, the school | 1322 |
district may issue securities to evidence the restructuring or | 1323 |
refinancing. Those securities may extend the original period for | 1324 |
repayment, not to exceed ten years, and may alter the frequency | 1325 |
and amount of repayments, interest or other financing charges, and | 1326 |
other terms of agreements under which the debt originally was | 1327 |
contracted, at the discretion of the commission, provided that any | 1328 |
loans received pursuant to section 3313.483 of the Revised Code | 1329 |
shall be paid from funds the district would otherwise receive | 1330 |
under Chapter 3306. of the Revised Code, as required under | 1331 |
division (E)(3) of section 3313.483 of the Revised Code. The | 1332 |
securities issued for the purpose of restructuring or refinancing | 1333 |
the debt shall be repaid in equal payments and at equal intervals | 1334 |
over the term of the debt and are not eligible to be included in | 1335 |
any subsequent proposal for the purpose of restructuring or | 1336 |
refinancing debt under this section. | 1337 |
(B) Any financial recovery plan may be amended subsequent to | 1338 |
its adoption. Each financial recovery plan shall be updated | 1339 |
annually. | 1340 |
(C) Each school district financial planning and supervision | 1341 |
commission shall submit the financial recovery plan it adopts or | 1342 |
updates under this section to the state superintendent of public | 1343 |
instruction for approval immediately following its adoption or | 1344 |
updating. The state superintendent shall evaluate the plan and | 1345 |
either approve or disapprove it within thirty calendar days from | 1346 |
the date of its submission. If the plan is disapproved, the state | 1347 |
superintendent shall recommend modifications that will render it | 1348 |
acceptable. No financial planning and supervision commission shall | 1349 |
implement a financial recovery plan that is adopted or updated on | 1350 |
or after April 10, 2001, unless the state superintendent has | 1351 |
approved it. | 1352 |
Sec. 3316.16. (A) A school district financial planning and | 1353 |
supervision commission, with respect to its functions under this | 1354 |
chapter, shall continue in existence until such time as a | 1355 |
determination is made under division (B) of this section that all | 1356 |
of the following have occurred: | 1357 |
(1) An effective financial accounting and reporting system in | 1358 |
accordance with section 3316.10 of the Revised Code is in the | 1359 |
process of being implemented, and it is reasonably expected that | 1360 |
this implementation will be completed within two years. | 1361 |
(2) All of the fiscal emergency conditions determined | 1362 |
pursuant to division (B) of section 3316.03 of the Revised Code | 1363 |
have been corrected or eliminated, and no new fiscal emergency | 1364 |
conditions have occurred. | 1365 |
(3) The objectives of the financial recovery plan described | 1366 |
in section 3316.06 of the Revised Code are being met. | 1367 |
(4) The school district board has prepared a financial | 1368 |
forecast for a five-year period in accordance with the standards | 1369 |
issued by the auditor of state and an opinion has been rendered by | 1370 |
the auditor of state that the financial forecast is considered to | 1371 |
be nonadverse. The forecast shall display the district's projected | 1372 |
compliance with | 1373 |
Revised Code beginning in the year the commission is proposed for | 1374 |
termination. | 1375 |
(B) The determination that all conditions listed in division | 1376 |
(A) of this section for the termination of the existence of the | 1377 |
commission and its functions exist may be made either by the | 1378 |
auditor of state or by the commission and shall be certified to | 1379 |
the commission, the auditor of state, the governor, the director | 1380 |
of budget and management, and the budget commission, whereupon | 1381 |
such commission and its functions under this chapter shall | 1382 |
terminate. This determination shall be made by the auditor of | 1383 |
state upon the filing with the auditor of state of a written | 1384 |
request for such a determination by the school district board, the | 1385 |
governor, or the commission, or may be made by the auditor of | 1386 |
state upon the auditor of state's own initiative. | 1387 |
(C) The commission shall prepare and submit at the time of | 1388 |
such certification a final report of its activities, in such form | 1389 |
as is appropriate for the purpose of providing a record of its | 1390 |
activities and assisting other commissions created under this | 1391 |
chapter in the conduct of their functions. All of the books and | 1392 |
records of the commission shall be delivered to the auditor of | 1393 |
state for retention and safekeeping. | 1394 |
(D) Upon receipt of the certification provided for in | 1395 |
division (B) of this section, the director of budget and | 1396 |
management shall follow the procedures set forth in section 126.29 | 1397 |
of the Revised Code. | 1398 |
(E) If, at the time of termination of the commission, an | 1399 |
effective financial accounting and reporting system has not been | 1400 |
fully implemented, the auditor of state shall monitor the progress | 1401 |
of implementation and shall exercise authority under this section | 1402 |
and Chapter 117. of the Revised Code to secure full implementation | 1403 |
at the earliest time feasible but within two years after such | 1404 |
termination. | 1405 |
Sec. 3317.018. (A) The department of education shall make no | 1406 |
calculations or payments under Chapter 3317. of the Revised Code | 1407 |
for any fiscal year except as prescribed in this section. | 1408 |
(B) School districts shall report student enrollment data as | 1409 |
prescribed by section 3317.03 of the Revised Code, which data the | 1410 |
department shall use to make payments under Chapters 3306. and | 1411 |
3317. of the Revised Code. | 1412 |
(C) The tax commissioner shall report data regarding tax | 1413 |
valuation and receipts for school districts as prescribed by | 1414 |
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027, | 1415 |
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of | 1416 |
section 3317.02 of the Revised Code, which data the department | 1417 |
shall use to make payments under Chapters 3306. and 3317. of the | 1418 |
Revised Code. | 1419 |
(D) Unless otherwise specified by another provision of law, | 1420 |
in addition to the payments prescribed by Chapter 3306. of the | 1421 |
Revised Code, the department shall continue to make payments to or | 1422 |
adjustments for school districts in fiscal years after fiscal year | 1423 |
2009 under the following provisions of Chapter 3317. of the | 1424 |
Revised Code: | 1425 |
(1) The catastrophic cost reimbursement under division (C)(3) | 1426 |
of section 3317.022 of the Revised Code. No other payments shall | 1427 |
be made under that section. | 1428 |
(2) All payments or adjustments under section 3317.023 of the | 1429 |
Revised Code, except no payments or adjustments shall be made | 1430 |
under divisions (B), (C), and (D) of that section. | 1431 |
(3) All payments or adjustments under section 3317.024 of the | 1432 |
Revised Code, except no payments or adjustments shall be made | 1433 |
under divisions (F) | 1434 |
after fiscal year 2009 or under division (L) of that section for | 1435 |
fiscal years 2010 and 2011. | 1436 |
(4) All payments and adjustments under sections 3317.025, | 1437 |
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the | 1438 |
Revised Code; | 1439 |
(5) Payments under section 3317.04 of the Revised Code; | 1440 |
(6) Unit payments under sections 3317.05, 3317.051, 3317.052, | 1441 |
and 3317.053 of the Revised Code, except that no units for gifted | 1442 |
funding are authorized | 1443 |
2010 and 2011. | 1444 |
(7) Payments under sections 3317.06, 3317.063, and 3317.064 | 1445 |
of the Revised Code; | 1446 |
(8) Payments under section 3317.07 of the Revised Code; | 1447 |
(9) Payments to educational service centers under section | 1448 |
3317.11 of the Revised Code; | 1449 |
(10) The catastrophic cost reimbursement under division (E) | 1450 |
of section 3317.16 of the Revised Code and excess cost | 1451 |
reimbursements under division (G) of that section. No other | 1452 |
payments shall be made under that section; | 1453 |
(11) Payments under section 3317.17 of the Revised Code; | 1454 |
(12) Adjustments under section 3317.18 of the Revised Code; | 1455 |
(13) Payments to cooperative education school districts under | 1456 |
section 3317.19 of the Revised Code; | 1457 |
(14) Payments to county MR/DD boards under section 3317.20 of | 1458 |
the Revised Code; | 1459 |
(15) Payments to state institutions for weighted special | 1460 |
education funding under section 3317.201 of the Revised Code. | 1461 |
(E) Sections 3317.016 and 3317.017 shall not apply to fiscal | 1462 |
years after fiscal year 2009. | 1463 |
(F) This section does not affect the provisions of sections | 1464 |
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08, | 1465 |
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15, | 1466 |
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised | 1467 |
Code. | 1468 |
Sec. 3317.024. The following shall be distributed monthly, | 1469 |
quarterly, or annually as may be determined by the state board of | 1470 |
education, except that the department of education shall not make | 1471 |
payments under divisions (F) | 1472 |
fiscal year after fiscal year 2009 or under division (L) of this | 1473 |
section for fiscal year 2010 or 2011: | 1474 |
(A) An amount for each island school district and each joint | 1475 |
state school district for the operation of each high school and | 1476 |
each elementary school maintained within such district and for | 1477 |
capital improvements for such schools. Such amounts shall be | 1478 |
determined on the basis of standards adopted by the state board of | 1479 |
education. | 1480 |
(B) An amount for each school district operating classes for | 1481 |
children of migrant workers who are unable to be in attendance in | 1482 |
an Ohio school during the entire regular school year. The amounts | 1483 |
shall be determined on the basis of standards adopted by the state | 1484 |
board of education, except that payment shall be made only for | 1485 |
subjects regularly offered by the school district providing the | 1486 |
classes. | 1487 |
(C) An amount for each school district with guidance, | 1488 |
testing, and counseling programs approved by the state board of | 1489 |
education. The amount shall be determined on the basis of | 1490 |
standards adopted by the state board of education. | 1491 |
(D) An amount for the emergency purchase of school buses as | 1492 |
provided for in section 3317.07 of the Revised Code; | 1493 |
(E) An amount for each school district required to pay | 1494 |
tuition for a child in an institution maintained by the department | 1495 |
of youth services pursuant to section 3317.082 of the Revised | 1496 |
Code, provided the child was not included in the calculation of | 1497 |
the district's average daily membership for the preceding school | 1498 |
year. | 1499 |
(F) An amount for adult basic literacy education for each | 1500 |
district participating in programs approved by the state board of | 1501 |
education. The amount shall be determined on the basis of | 1502 |
standards adopted by the state board of education. | 1503 |
(G) An amount for the approved cost of transporting eligible | 1504 |
pupils with disabilities attending a special education program | 1505 |
approved by the department of education whom it is impossible or | 1506 |
impractical to transport by regular school bus in the course of | 1507 |
regular route transportation provided by the district or service | 1508 |
center. No district or service center is eligible to receive a | 1509 |
payment under this division for the cost of transporting any pupil | 1510 |
whom it transports by regular school bus and who is included in | 1511 |
the district's transportation ADM. The state board of education | 1512 |
shall establish standards and guidelines for use by the department | 1513 |
of education in determining the approved cost of such | 1514 |
transportation for each district or service center. | 1515 |
(H) An amount to each school district, including each | 1516 |
cooperative education school district, pursuant to section 3313.81 | 1517 |
of the Revised Code to assist in providing free lunches to needy | 1518 |
children and an amount to assist needy school districts in | 1519 |
purchasing necessary equipment for food preparation. The amounts | 1520 |
shall be determined on the basis of rules adopted by the state | 1521 |
board of education. | 1522 |
(I) An amount to each school district, for each pupil | 1523 |
attending a chartered nonpublic elementary or high school within | 1524 |
the district. The amount shall equal the amount appropriated for | 1525 |
the implementation of section 3317.06 of the Revised Code divided | 1526 |
by the average daily membership in grades kindergarten through | 1527 |
twelve in nonpublic elementary and high schools within the state | 1528 |
as determined during the first full week in October of each school | 1529 |
year. | 1530 |
(J) An amount for each county DD board, distributed on the | 1531 |
basis of standards adopted by the state board of education, for | 1532 |
the approved cost of transportation required for children | 1533 |
attending special education programs operated by the county DD | 1534 |
board under section 3323.09 of the Revised Code; | 1535 |
(K) An amount for each school district that establishes a | 1536 |
mentor teacher program that complies with rules of the state board | 1537 |
of education. No school district shall be required to establish or | 1538 |
maintain such a program in any year unless sufficient funds are | 1539 |
appropriated to cover the district's total costs for the program. | 1540 |
(L) An amount to each school district or educational service | 1541 |
center for the total number of gifted units approved pursuant to | 1542 |
section 3317.05 of the Revised Code. The amount for each such unit | 1543 |
shall be the sum of the minimum salary for the teacher of the | 1544 |
unit, calculated on the basis of the teacher's training level and | 1545 |
years of experience pursuant to the salary schedule prescribed in | 1546 |
the version of section 3317.13 of the Revised Code in effect prior | 1547 |
to July 1, 2001, plus fifteen per cent of that minimum salary | 1548 |
amount, plus two thousand six hundred seventy-eight dollars. | 1549 |
(M) An amount to each institution defined under section | 1550 |
3317.082 of the Revised Code providing elementary or secondary | 1551 |
education to children other than children receiving special | 1552 |
education under section 3323.091 of the Revised Code. This amount | 1553 |
for any institution in any fiscal year shall equal the total of | 1554 |
all tuition amounts required to be paid to the institution under | 1555 |
division (A)(1) of section 3317.082 of the Revised Code. | 1556 |
(N) A grant to each school district and joint vocational | 1557 |
school district that operates a "graduation, reality, and | 1558 |
dual-role skills" (GRADS) program for pregnant and parenting | 1559 |
students that is approved by the department. The amount of the | 1560 |
payment shall be the district's state share percentage, as defined | 1561 |
in section 3317.022 or 3317.16 of the Revised Code, times the | 1562 |
GRADS personnel allowance times the full-time-equivalent number of | 1563 |
GRADS teachers approved by the department. The GRADS personnel | 1564 |
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS | 1565 |
program shall include instruction on adoption as an option for | 1566 |
unintended pregnancies. | 1567 |
The state board of education or any other board of education | 1568 |
or governing board may provide for any resident of a district or | 1569 |
educational service center territory any educational service for | 1570 |
which funds are made available to the board by the United States | 1571 |
under the authority of public law, whether such funds come | 1572 |
directly or indirectly from the United States or any agency or | 1573 |
department thereof or through the state or any agency, department, | 1574 |
or political subdivision thereof. | 1575 |
Sec. 3321.01. (A)(1) As used in this chapter, "parent," | 1576 |
"guardian," or "other person having charge or care of a child" | 1577 |
means either parent unless the parents are separated or divorced | 1578 |
or their marriage has been dissolved or annulled, in which case | 1579 |
"parent" means the parent who is the residential parent and legal | 1580 |
custodian of the child. If the child is in the legal or permanent | 1581 |
custody of a person or government agency, "parent" means that | 1582 |
person or government agency. When a child is a resident of a home, | 1583 |
as defined in section 3313.64 of the Revised Code, and the child's | 1584 |
parent is not a resident of this state, "parent," "guardian," or | 1585 |
"other person having charge or care of a child" means the head of | 1586 |
the home. | 1587 |
A child between six and eighteen years of age is "of | 1588 |
compulsory school age" for the purpose of sections 3321.01 to | 1589 |
3321.13 of the Revised Code. A child under six years of age who | 1590 |
has been enrolled in kindergarten also shall be considered "of | 1591 |
compulsory school age" for the purpose of sections 3321.01 to | 1592 |
3321.13 of the Revised Code unless at any time the child's parent | 1593 |
or guardian, at the parent's or guardian's discretion and in | 1594 |
consultation with the child's teacher and principal, formally | 1595 |
withdraws the child from kindergarten. The compulsory school age | 1596 |
of a child shall not commence until the beginning of the term of | 1597 |
such schools, or other time in the school year fixed by the rules | 1598 |
of the board of the district in which the child resides. | 1599 |
(2) No child shall be admitted to a kindergarten or a first | 1600 |
grade of a public school in a district in which all children are | 1601 |
admitted to kindergarten and the first grade in August or | 1602 |
September unless the child is five or six years of age, | 1603 |
respectively, by the thirtieth day of September of the year of | 1604 |
admittance, or by the first day of a term or semester other than | 1605 |
one beginning in August or September in school districts granting | 1606 |
admittance at the beginning of such term or semester, except that | 1607 |
in those school districts using or obtaining educationally | 1608 |
accepted standardized testing programs for determining entrance, | 1609 |
as approved by the board of education of such districts, the board | 1610 |
shall admit a child to kindergarten or the first grade who fails | 1611 |
to meet the age requirement, provided the child meets necessary | 1612 |
standards as determined by such standardized testing programs. If | 1613 |
the board of education has not established a standardized testing | 1614 |
program, the board shall designate the necessary standards and a | 1615 |
testing program it will accept for the purpose of admitting a | 1616 |
child to kindergarten or first grade who fails to meet the age | 1617 |
requirement. Each child who will be the proper age for entrance | 1618 |
to kindergarten or first grade by the first day of January of the | 1619 |
school year for which admission is requested shall be so tested | 1620 |
upon the request of the child's parent. | 1621 |
(3) Notwithstanding divisions (A)(2) and (D) of this section, | 1622 |
beginning with the school year that starts in 2001 and continuing | 1623 |
thereafter the board of education of any district may adopt a | 1624 |
resolution establishing the first day of August in lieu of the | 1625 |
thirtieth day of September as the required date by which students | 1626 |
must have attained the age specified in those divisions. | 1627 |
(B) As used in divisions (C) and (D) of this section, | 1628 |
"successfully completed kindergarten" and "successful completion | 1629 |
of kindergarten" mean that the child has completed the | 1630 |
kindergarten requirements at one of the following: | 1631 |
(1) A public or chartered nonpublic school; | 1632 |
(2) A kindergarten class that is both of the following: | 1633 |
(a) Offered by a day-care provider licensed under Chapter | 1634 |
5104. of the Revised Code; | 1635 |
(b) If offered after July 1, 1991, is directly taught by a | 1636 |
teacher who holds one of the following: | 1637 |
(i) A valid educator license issued under section 3319.22 of | 1638 |
the Revised Code; | 1639 |
(ii) A Montessori preprimary credential or age-appropriate | 1640 |
diploma granted by the American Montessori society or the | 1641 |
association Montessori internationale; | 1642 |
(iii) Certification determined under division (G) of this | 1643 |
section to be equivalent to that described in division | 1644 |
(B)(2)(b)(ii) of this section; | 1645 |
(iv) Certification for teachers in nontax-supported schools | 1646 |
pursuant to section 3301.071 of the Revised Code. | 1647 |
(C) Except as provided in division (D) of this section, no | 1648 |
school district shall admit to the first grade any child who has | 1649 |
not successfully completed kindergarten. | 1650 |
(D) Upon request of a parent, the requirement of division (C) | 1651 |
of this section may be waived by the district's pupil personnel | 1652 |
services committee in the case of a child who is at least six | 1653 |
years of age by the thirtieth day of September of the year of | 1654 |
admittance and who demonstrates to the satisfaction of the | 1655 |
committee the possession of the social, emotional, and cognitive | 1656 |
skills necessary for first grade. | 1657 |
The board of education of each city, local, and exempted | 1658 |
village school district shall establish a pupil personnel services | 1659 |
committee. The committee shall be composed of all of the following | 1660 |
to the extent such personnel are either employed by the district | 1661 |
or employed by the governing board of the educational service | 1662 |
center within whose territory the district is located and the | 1663 |
educational service center generally furnishes the services of | 1664 |
such personnel to the district: | 1665 |
(1) The director of pupil personnel services; | 1666 |
(2) An elementary school counselor; | 1667 |
(3) An elementary school principal; | 1668 |
(4) A school psychologist; | 1669 |
(5) A teacher assigned to teach first grade; | 1670 |
(6) A gifted coordinator. | 1671 |
The responsibilities of the pupil personnel services | 1672 |
committee shall be limited to the issuing of waivers allowing | 1673 |
admittance to the first grade without the successful completion of | 1674 |
kindergarten. The committee shall have no other authority except | 1675 |
as specified in this section. | 1676 |
(E) The scheduling of times for kindergarten classes and | 1677 |
length of the school day for kindergarten shall be determined by | 1678 |
the board of education of a city, exempted village, or local | 1679 |
school district | 1680 |
(F) Any kindergarten class offered by a day-care provider or | 1681 |
school described by division (B)(1) or (B)(2)(a) of this section | 1682 |
shall be developmentally appropriate. | 1683 |
(G) Upon written request of a day-care provider described by | 1684 |
division (B)(2)(a) of this section, the department of education | 1685 |
shall determine whether certification held by a teacher employed | 1686 |
by the provider meets the requirement of division (B)(2)(b)(iii) | 1687 |
of this section and, if so, shall furnish the provider a statement | 1688 |
to that effect. | 1689 |
(H) As used in this division, "all-day kindergarten" has the | 1690 |
same meaning as in section 3321.05 of the Revised Code. | 1691 |
(1) Any school district that did not receive for fiscal year | 1692 |
2009 poverty-based assistance for all-day kindergarten under | 1693 |
division (D) of section 3317.029 of the Revised Code may charge | 1694 |
fees or tuition for students enrolled in all-day kindergarten. If | 1695 |
a district charges fees or tuition for all-day kindergarten under | 1696 |
this division, the district shall develop a sliding fee scale | 1697 |
based on family incomes. | 1698 |
(2) The department of education shall conduct an annual | 1699 |
survey of each school district described in division (H)(1) of | 1700 |
this section to determine the following: | 1701 |
| 1702 |
students enrolled in all-day kindergarten; | 1703 |
(b) The amount of the fees or tuition charged; | 1704 |
(c) How many of the students for whom tuition is charged are | 1705 |
eligible for free lunches under the "National School Lunch Act," | 1706 |
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child | 1707 |
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, | 1708 |
and how many of the students for whom tuition is charged are | 1709 |
eligible for reduced price lunches under those acts; | 1710 |
| 1711 |
kindergarten
| 1712 |
all-day kindergarten | 1713 |
1714 |
Each district shall report to the department, in the manner | 1715 |
prescribed by the department, the information | 1716 |
1717 |
The department shall issue an annual report on the results of | 1718 |
the survey and shall post the report on its web site. The | 1719 |
department shall issue the first report not later than April 30, | 1720 |
2008, and shall issue a report not later than the thirtieth day of | 1721 |
April each year thereafter. | 1722 |
Sec. 3321.05. (A) As used in this section, "all-day | 1723 |
kindergarten" means a kindergarten class that is in session five | 1724 |
days per week for not less than the same number of clock hours | 1725 |
each day as for students in grades one through six. | 1726 |
(B) Any school district may operate all-day kindergarten or | 1727 |
extended kindergarten, but | 1728 |
1729 | |
1730 | |
1731 |
| 1732 |
1733 | |
1734 | |
1735 | |
1736 | |
1737 |
| 1738 |
kindergarten for more than | 1739 |
required each day for | 1740 |
kindergarten by the minimum standards adopted under division (D) | 1741 |
of section 3301.07 of the Revised Code. Each school district that | 1742 |
operates all-day or extended kindergarten shall accommodate | 1743 |
kindergarten students whose parents or guardians elect to enroll | 1744 |
them for
| 1745 |
1746 |
| 1747 |
centers licensed under Chapter 5104. of the Revised Code to | 1748 |
provide all-day kindergarten under this section. | 1749 |
Section 2. That existing sections 3301.07, 3301.16, 3302.05, | 1750 |
3302.07, 3306.01, 3306.02, 3306.05, 3306.06, 3306.07, 3306.08, | 1751 |
3306.09, 3306.091, 3306.10, 3315.18, 3315.19, 3316.06, 3316.16, | 1752 |
3317.018, 3317.024, 3321.01, and 3321.05 and sections 3306.18, | 1753 |
3306.25, 3306.29, 3306.291, 3306.292, 3306.30, 3306.31, 3306.33, | 1754 |
3306.34, 3306.35, 3306.40, 3313.821, 3313.822, 3315.17, 3315.171, | 1755 |
and 3318.312 of the Revised Code are hereby repealed. | 1756 |
Section 3. That Section 265.70.70 of Am. Sub. H.B. 1 of the | 1757 |
128th General Assembly and Section 9 of Sub. H.B. 318 of the 128th | 1758 |
General Assembly are hereby repealed. | 1759 |
Section 4. Sections 1, 2, and 3 of this act take effect July | 1760 |
1, 2011. | 1761 |
Section 5. Sections 3301.07 and 3317.024 of the Revised Code | 1762 |
are presented in this act as composites of the sections as amended | 1763 |
by both Am. Sub. H.B. 1 and Sub. S.B. 79 of the 128th General | 1764 |
Assembly. The General Assembly, applying the principle stated in | 1765 |
division (B) of section 1.52 of the Revised Code that amendments | 1766 |
are to be harmonized if reasonably capable of simultaneous | 1767 |
operation, finds that the composites are the resulting versions of | 1768 |
the sections in effect prior to the effective date of the sections | 1769 |
as presented in this act. | 1770 |