As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 36

Representatives Kozlowski, Carey 

Cosponsors: Representatives Boose, Burke, Dovilla, Grossman, Hayes, Johnson, McKenney, Roegner, Rosenberger, Ruhl, Slaby, Stautberg, Stebelton, Thompson, Young, Combs, Balderson, Gonzales, Martin, Baker, Hottinger, Derickson, Anielski, Ashford, Barnes, Beck, Blessing, Bubp, Buchy, Coley, Duffey, Fedor, Hagan, C., Landis, Milkovich, Newbold, O'Brien, Schuring, Uecker, Yuko 

Senators Hite, Obhof, Bacon, Beagle, Brown, Cafaro, Cates, Daniels, Faber, Grendell, Hughes, Jones, LaRose, Lehner, Manning, Patton, Sawyer, Schaffer, Schiavoni, Smith, Stewart, Turner, Wagoner, Widener, Wilson 

---

A BILL

To amend sections 3313.482, 3314.08, 3317.01,

1

3326.11, and 3327.02 and to enact section 3313.88

2

of the Revised Code to excuse up to five, instead

3

of three, calamity days for the 2010-2011 school

4

year, to broaden schools' authority to make up

5

calamity days by lengthening remaining days in the

6

school year, to waive the number of hours a

7

community school is closed for a public calamity

8

if it meets certain requirements, to allow public

9

and chartered nonpublic schools to make up excess

10

calamity days via lessons posted online, to

11

prohibit school districts from declaring it

12

impractical to transport nonpublic or community

13

school students solely on days scheduled by the

14

schools to make up calamity days, and to declare

15

an emergency.

16

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

Section 1. That sections 3313.482, 3314.08, 3317.01, 3326.11,	17
and 3327.02 be amended and section 3313.88 of the Revised Code be	18
enacted to read as follows:	19

Sec. 3313.482.  (A) Annually, prior to the first day of	20
September, the board of education of each city, local, and	21
exempted village school district shall adopt a resolution	22
specifying a contingency plan under which the district's students	23
will make up days on which it was necessary to close schools for	24
any of the reasons specified in division (A)(2) of section 3306.01	25
and division (B) of section 3317.01 of the Revised Code, if any	26
such days must be made up in order to comply with the requirements	27
of that section and sections 3306.01, 3313.48 and, 3313.481, and	28
3317.01 of the Revised Code. The resolutionplan shall provide in	29
the plan for making up at least five full school days. The plan	30
may provide for making up some or all of the days a school is	31
closed by increasing the length of other school days in the manner	32
authorized in division (B) of this section. No resolution adopted	33
pursuant to this division shall conflict with any collective	34
bargaining agreement into which a board has entered pursuant to	35
Chapter 4117. of the Revised Code and that is in effect in the	36
district.	37

(B) Notwithstanding the content ofanything to the contrary	38
in the contingency plan it adopts under division (A) of this	39
section, if a school district closes or evacuates any school	40
building for any of the reasons specified in division (A)(2) of	41
section 3306.01 and division (B) of section 3317.01 of the Revised	42
Code, or as a result of a bomb threat or any other report of an	43
alleged or impending explosion, and if, as a result of the closing	44
or evacuation, the school district would be unable to meet the	45
requirements of sections 3306.01, 3313.48, 3313.481, and 3317.01	46
of the Revised Code regarding the number of days schools must be	47
open for instruction or the requirements of the state minimum	48
standards for the school day that are established by the	49
department of education regarding the number of hours there must	50
be in the school day, the school district may increase the length	51
of one or more other school days for the school that was closed or	52
evacuated, in increments of one-half hour, to make up the number	53
of hours or days that the school building in question was so	54
closed or evacuated for the purpose of satisfying the requirements	55
of those sections regarding the number of days schools must be	56
open for instruction or the requirements of those standards	57
regarding the number of hours there must be in the school day.	58

(C) If a school district closes or evacuates any school	59
building for any of the reasons specified in division (B) of	60
section 3317.01 of the Revised Code, and if for that school the	61
total number of full school days specified in the district's	62
contingency plan adopted under division (A) of this section is	63
insufficient to enable the school district to meet the	64
requirements of sections 3313.48, 3313.481, and 3317.01 of the	65
Revised Code regarding the number of days schools must be open for	66
instruction or the requirements of the state minimum standards for	67
the school day that are established by the department of education	68
regarding the number of hours there must be in the school day, the	69
school district may increase the length of one or more other	70
school days for the school that was closed or evacuated, in	71
increments of one-half hour, to make up the number of hours or	72
days that the school building in question was so closed or	73
evacuated for the purpose of satisfying the requirements of those	74
sections regarding the number of days schools must be open for	75
instruction or the requirements of those standards regarding the	76
number of hours there must be in the school day. The district	77
shall not be required to actually make up any of the days	78
specified in the district's contingency plan prior to increasing	79
the length of one or more school days to make up the shortage of	80
hours or days caused by the school's closure or evacuation, but in	81
no case shall the district fail to make up the total number of	82
full school days specified in the contingency plan in accordance	83
with that plan.	84

(D) If a school district closes or evacuates a school	85
building as a result of a bomb threat or any other report of an	86
alleged or impending explosion and also closes or evacuates that	87
school building on a different day for any of the reasons	88
specified in division (B) of section 3317.01 of the Revised Code,	89
division (B) of this section applies regarding the closing or	90
evacuation of the school building as a result of the bomb threat	91
or report of an alleged or impending explosion and division (C) of	92
this section applies regarding the closing or evacuation of the	93
school building for the reason specified in division (B) of	94
section 3317.01 of the Revised Code.	95

Notwithstanding the provisions of sections 3313.48, 3313.481,	96
and 3317.01 of the Revised Code and the requirements of the state	97
minimum standards for the school day that are established by the	98
department of education and notwithstanding the content of the	99
contingency plan it adopts under division (A) of this section	100
regarding the closing or evacuation of a school building as a	101
result of a bomb threat or any other report of an alleged or	102
impending explosion, aA school district that makes up, as	103
described in this division (B) or (C) of this section, all of the	104
hours or days that its school buildings were closed or evacuated	105
for any of the reasons identified in this division (B) or (C) of	106
this section shall be deemed to have complied with the	107
requirements of those sections 3306.01, 3313.48, 3313.481, and	108
3317.01 of the Revised Code regarding the number of days schools	109
must be open for instruction and the requirements of thosethe	110
state minimum standards regarding the number of hours there must	111
be in the school day.	112

Sec. 3313.88.  (A) Prior to the first day of August of each	113
school year, the board of education of any school district or the	114
governing authority of any chartered nonpublic school may submit	115
to the department of education a plan to require students to	116
access and complete classroom lessons posted on the district's or	117
nonpublic school's web portal or web site in order to make up days	118
in that school year on which it is necessary to close schools for	119
any of the reasons specified in division (A)(2) of section 3306.01	120
and division (B) of section 3317.01 of the Revised Code in excess	121
of the number of days permitted under sections 3306.01, 3313.48,	122
3313.481, and 3317.01 of the Revised Code.	123

Prior to the first day of August of each school year, the	124
governing authority of any community school established under	125
Chapter 3314. that is not an internet- or computer-based community	126
school, as defined in section 3314.02 of the Revised Code, may	127
submit to the department a plan to require students to access and	128
complete classroom lessons posted on the school's web portal or	129
web site in order to make up days or hours in that school year on	130
which it is necessary to close the school for any of the reasons	131
specified in division (L)(4) of section 3314.08 of the Revised	132
Code so that the school is in compliance with the minimum number	133
of hours required under Chapter 3314. of the Revised Code.	134

A plan submitted by a school district board or nonpublic	135
school governing authority shall provide for making up any number	136
of days, up to a maximum of five days. A plan submitted by a	137
community school governing authority shall provide for making up	138
any number of hours, up to a maximum of the equivalent of five	139
days. Provided the plan meets all requirements of this section,	140
the department shall permit the board or governing authority to	141
implement the plan for the applicable school year.	142

(B) Each plan submitted under this section by a school	143
district board of education shall include the written consent of	144
the teachers' employee representative designated under division	145
(B) of section 4117.04 of the Revised Code.	146

(C) Each plan submitted under this section shall provide for	147
the following:	148

(1) Not later than the first day of September of the school	149
year, each classroom teacher shall develop a sufficient number of	150
lessons for each course taught by the teacher that school year to	151
cover the number of make-up days or hours specified in the plan.	152
The teacher shall designate the order in which the lessons are to	153
be posted on the district's, community school's, or nonpublic	154
school's web portal or web site in the event of a school closure.	155

(2) Based on current instructional progress, a classroom	156
teacher may update or replace one or more of the lesson plans	157
developed under division (C)(1) of this section before they are	158
posted on the web portal or web site under division (C)(3) of this	159
section.	160

(3) As soon as practicable after a school closure, a district	161
or school employee responsible for web portal or web site	162
operations shall make the designated lessons available to students	163
on the district's, community school's, or nonpublic school's	164
portal or site. A lesson shall be posted for each course that was	165
scheduled to meet on the day or hours of the closure.	166

(4) Each student enrolled in a course for which a lesson is	167
posted on the portal or site shall be granted a two-week period	168
from the date of posting to complete the lesson. The student's	169
classroom teacher shall grade the lesson in the same manner as	170
other lessons. The student may receive an incomplete or failing	171
grade if the lesson is not completed on time.	172

(5) If a student does not have access to a computer at the	173
student's residence, the student shall be permitted to work on the	174
posted lessons at school after the student's school reopens. If	175
the lessons were posted prior to the reopening, the student shall	176
be granted a two-week period from the date of the reopening,	177
rather than from the date of posting as otherwise required under	178
division (C)(4) of this section, to complete the lessons. The	179
district board or community school or nonpublic school governing	180
authority may provide the student access to a computer before,	181
during, or after the regularly scheduled school day or may provide	182
a substantially similar paper lesson in order to complete the	183
lessons.	184

(D)(1) No school district that implements a plan in	185
accordance with this section shall be considered to have failed to	186
comply with division (A)(2) of section 3306.01 or division (B) of	187
section 3317.01 of the Revised Code with respect to the number of	188
make-up days specified in the plan.	189

(2) No community school that implements a plan in accordance	190
with this section shall be considered to have failed to comply	191
with the minimum number of hours required under Chapter 3314. of	192
the Revised Code with respect to the number of make-up hours	193
specified in the plan.	194

Sec. 3314.08. The deductions under division (C) and the	195
payments under division (D) of this section for fiscal years 2010	196
and 2011 shall be made in accordance with section 3314.088 of the	197
Revised Code.	198

(A) As used in this section:

199

(1) "Base formula amount" means the amount specified as such	200
in a community school's financial plan for a school year pursuant	201
to division (A)(15) of section 3314.03 of the Revised Code.	202

(2) "IEP" has the same meaning as in section 3323.01 of the	203
Revised Code.	204

(3) "Applicable special education weight" means the multiple	205
specified in section 3317.013 of the Revised Code for a disability	206
described in that section.	207

(4) "Applicable vocational education weight" means:

208

(a) For a student enrolled in vocational education programs	209
or classes described in division (A) of section 3317.014 of the	210
Revised Code, the multiple specified in that division;	211

(b) For a student enrolled in vocational education programs	212
or classes described in division (B) of section 3317.014 of the	213
Revised Code, the multiple specified in that division.	214

(5) "Entitled to attend school" means entitled to attend	215
school in a district under section 3313.64 or 3313.65 of the	216
Revised Code.	217

(6) A community school student is "included in the poverty	218
student count" of a school district if the student is entitled to	219
attend school in the district and the student's family receives	220
assistance under the Ohio works first program.	221

(7) "Poverty-based assistance reduction factor" means the	222
percentage figure, if any, for reducing the per pupil amount of	223
poverty-based assistance a community school is entitled to receive	224
pursuant to divisions (D)(5) to (9) of this section in any year,	225
as specified in the school's financial plan for the year pursuant	226
to division (A)(15) of section 3314.03 of the Revised Code.	227

(8) "All-day kindergarten" has the same meaning as in section	228
3317.029 of the Revised Code.	229

(9) "State education aid" has the same meaning as in section	230
5751.20 of the Revised Code.	231

(B) The state board of education shall adopt rules requiring	232
both of the following:	233

(1) The board of education of each city, exempted village,	234
and local school district to annually report the number of	235
students entitled to attend school in the district who are	236
enrolled in grades one through twelve in a community school	237
established under this chapter, the number of students entitled to	238
attend school in the district who are enrolled in kindergarten in	239
a community school, the number of those kindergartners who are	240
enrolled in all-day kindergarten in their community school, and	241
for each child, the community school in which the child is	242
enrolled.	243

(2) The governing authority of each community school	244
established under this chapter to annually report all of the	245
following:	246

(a) The number of students enrolled in grades one through	247
twelve and the number of students enrolled in kindergarten in the	248
school who are not receiving special education and related	249
services pursuant to an IEP;	250

(b) The number of enrolled students in grades one through	251
twelve and the number of enrolled students in kindergarten, who	252
are receiving special education and related services pursuant to	253
an IEP;	254

(c) The number of students reported under division (B)(2)(b)	255
of this section receiving special education and related services	256
pursuant to an IEP for a disability described in each of divisions	257
(A) to (F) of section 3317.013 of the Revised Code;	258

(d) The full-time equivalent number of students reported	259
under divisions (B)(2)(a) and (b) of this section who are enrolled	260
in vocational education programs or classes described in each of	261
divisions (A) and (B) of section 3317.014 of the Revised Code that	262
are provided by the community school;	263

(e) Twenty per cent of the number of students reported under	264
divisions (B)(2)(a) and (b) of this section who are not reported	265
under division (B)(2)(d) of this section but who are enrolled in	266
vocational education programs or classes described in each of	267
divisions (A) and (B) of section 3317.014 of the Revised Code at a	268
joint vocational school district under a contract between the	269
community school and the joint vocational school district and are	270
entitled to attend school in a city, local, or exempted village	271
school district whose territory is part of the territory of the	272
joint vocational district;	273

(f) The number of enrolled preschool children with	274
disabilities receiving special education services in a	275
state-funded unit;	276

(g) The community school's base formula amount;

277

(h) For each student, the city, exempted village, or local	278
school district in which the student is entitled to attend school;	279

(i) Any poverty-based assistance reduction factor that	280
applies to a school year.	281

(C) From the state education aid calculated for a city,	282
exempted village, or local school district and, if necessary, from	283
the payment made to the district under sections 321.24 and 323.156	284
of the Revised Code, the department of education shall annually	285
subtract the sum of the amounts described in divisions (C)(1) to	286
(9) of this section. However, when deducting payments on behalf of	287
students enrolled in internet- or computer-based community	288
schools, the department shall deduct only those amounts described	289
in divisions (C)(1) and (2) of this section. Furthermore, the	290
aggregate amount deducted under this division shall not exceed the	291
sum of the district's state education aid and its payment under	292
sections 321.24 and 323.156 of the Revised Code.	293

(1) An amount equal to the sum of the amounts obtained when,	294
for each community school where the district's students are	295
enrolled, the number of the district's students reported under	296
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	297
in grades one through twelve, and one-half the number of students	298
reported under those divisions who are enrolled in kindergarten,	299
in that community school is multiplied by the sum of the base	300
formula amount of that community school plus the per pupil amount	301
of the base funding supplements specified in divisions (C)(1) to	302
(4) of section 3317.012 of the Revised Code.	303

(2) The sum of the amounts calculated under divisions	304
(C)(2)(a) and (b) of this section:	305

(a) For each of the district's students reported under	306
division (B)(2)(c) of this section as enrolled in a community	307
school in grades one through twelve and receiving special	308
education and related services pursuant to an IEP for a disability	309
described in section 3317.013 of the Revised Code, the product of	310
the applicable special education weight times the community	311
school's base formula amount;	312

(b) For each of the district's students reported under	313
division (B)(2)(c) of this section as enrolled in kindergarten in	314
a community school and receiving special education and related	315
services pursuant to an IEP for a disability described in section	316
3317.013 of the Revised Code, one-half of the amount calculated as	317
prescribed in division (C)(2)(a) of this section.	318

(3) For each of the district's students reported under	319
division (B)(2)(d) of this section for whom payment is made under	320
division (D)(4) of this section, the amount of that payment;	321

(4) An amount equal to the sum of the amounts obtained when,	322
for each community school where the district's students are	323
enrolled, the number of the district's students enrolled in that	324
community school who are included in the district's poverty	325
student count is multiplied by the per pupil amount of	326
poverty-based assistance the school district receives that year	327
pursuant to division (C) of section 3317.029 of the Revised Code,	328
as adjusted by any poverty-based assistance reduction factor of	329
that community school. The per pupil amount of that aid for the	330
district shall be calculated by the department.	331

(5) An amount equal to the sum of the amounts obtained when,	332
for each community school where the district's students are	333
enrolled, the district's per pupil amount of aid received under	334
division (E) of section 3317.029 of the Revised Code, as adjusted	335
by any poverty-based assistance reduction factor of the community	336
school, is multiplied by the sum of the following:	337

(a) The number of the district's students reported under	338
division (B)(2)(a) of this section who are enrolled in grades one	339
to three in that community school and who are not receiving	340
special education and related services pursuant to an IEP;	341

(b) One-half of the district's students who are enrolled in	342
all-day or any other kindergarten class in that community school	343
and who are not receiving special education and related services	344
pursuant to an IEP;	345

(c) One-half of the district's students who are enrolled in	346
all-day kindergarten in that community school and who are not	347
receiving special education and related services pursuant to an	348
IEP.	349

The district's per pupil amount of aid under division (E) of	350
section 3317.029 of the Revised Code is the quotient of the amount	351
the district received under that division divided by the	352
district's kindergarten through third grade ADM, as defined in	353
that section.	354

(6) An amount equal to the sum of the amounts obtained when,	355
for each community school where the district's students are	356
enrolled, the district's per pupil amount received under division	357
(F) of section 3317.029 of the Revised Code, as adjusted by any	358
poverty-based assistance reduction factor of that community	359
school, is multiplied by the number of the district's students	360
enrolled in the community school who are identified as	361
limited-English proficient.	362

(7) An amount equal to the sum of the amounts obtained when,	363
for each community school where the district's students are	364
enrolled, the district's per pupil amount received under division	365
(G) of section 3317.029 of the Revised Code, as adjusted by any	366
poverty-based assistance reduction factor of that community	367
school, is multiplied by the sum of the following:	368

(a) The number of the district's students enrolled in grades	369
one through twelve in that community school;	370

(b) One-half of the number of the district's students	371
enrolled in kindergarten in that community school.	372

The district's per pupil amount under division (G) of section	373
3317.029 of the Revised Code is the district's amount per teacher	374
calculated under division (G)(1) or (2) of that section divided by	375
17.	376

(8) An amount equal to the sum of the amounts obtained when,	377
for each community school where the district's students are	378
enrolled, the district's per pupil amount received under divisions	379
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	380
by any poverty-based assistance reduction factor of that community	381
school, is multiplied by the sum of the following:	382

(a) The number of the district's students enrolled in grades	383
one through twelve in that community school;	384

(b) One-half of the number of the district's students	385
enrolled in kindergarten in that community school.	386

The district's per pupil amount under divisions (H) and (I)	387
of section 3317.029 of the Revised Code is the amount calculated	388
under each division divided by the district's formula ADM, as	389
defined in section 3317.02 of the Revised Code.	390

(9) An amount equal to the per pupil state parity aid funding	391
calculated for the school district under either division (C) or	392
(D) of section 3317.0217 of the Revised Code multiplied by the sum	393
of the number of students in grades one through twelve, and	394
one-half of the number of students in kindergarten, who are	395
entitled to attend school in the district and are enrolled in a	396
community school as reported under division (B)(1) of this	397
section.	398

(D) The department shall annually pay to a community school	399
established under this chapter the sum of the amounts described in	400
divisions (D)(1) to (10) of this section. However, the department	401
shall calculate and pay to each internet- or computer-based	402
community school only the amounts described in divisions (D)(1) to	403
(3) of this section. Furthermore, the sum of the payments to all	404
community schools under divisions (D)(1), (2), and (4) to (10) of	405
this section for the students entitled to attend school in any	406
particular school district shall not exceed the sum of that	407
district's state education aid and its payment under sections	408
321.24 and 323.156 of the Revised Code. If the sum of the payments	409
calculated under those divisions for the students entitled to	410
attend school in a particular school district exceeds the sum of	411
that district's state education aid and its payment under sections	412
321.24 and 323.156 of the Revised Code, the department shall	413
calculate and apply a proration factor to the payments to all	414
community schools under those divisions for the students entitled	415
to attend school in that district.	416

(1) Subject to section 3314.085 of the Revised Code, an	417
amount equal to the sum of the amounts obtained when the number of	418
students enrolled in grades one through twelve, plus one-half of	419
the kindergarten students in the school, reported under divisions	420
(B)(2)(a), (b), and (e) of this section who are not receiving	421
special education and related services pursuant to an IEP for a	422
disability described in section 3317.013 of the Revised Code is	423
multiplied by the sum of the community school's base formula	424
amount plus the per pupil amount of the base funding supplements	425
specified in divisions (C)(1) to (4) of section 3317.012 of the	426
Revised Code.	427

(2) Prior to fiscal year 2007, the greater of the amount	428
calculated under division (D)(2)(a) or (b) of this section, and in	429
fiscal year 2007 and thereafter, the amount calculated under	430
division (D)(2)(b) of this section:	431

(a) The aggregate amount that the department paid to the	432
community school in fiscal year 1999 for students receiving	433
special education and related services pursuant to IEPs, excluding	434
federal funds and state disadvantaged pupil impact aid funds;	435

(b) The sum of the amounts calculated under divisions	436
(D)(2)(b)(i) and (ii) of this section:	437

(i) For each student reported under division (B)(2)(c) of	438
this section as enrolled in the school in grades one through	439
twelve and receiving special education and related services	440
pursuant to an IEP for a disability described in section 3317.013	441
of the Revised Code, the following amount:	442

(the school's base formula amount plus	443

the per pupil amount of the base funding supplements specified in	444

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	445

+ (the applicable special education weight X the	446

community school's base formula amount);	447

(ii) For each student reported under division (B)(2)(c) of	448
this section as enrolled in kindergarten and receiving special	449
education and related services pursuant to an IEP for a disability	450
described in section 3317.013 of the Revised Code, one-half of the	451
amount calculated under the formula prescribed in division	452
(D)(2)(b)(i) of this section.	453

(3) An amount received from federal funds to provide special	454
education and related services to students in the community	455
school, as determined by the superintendent of public instruction.	456

(4) For each student reported under division (B)(2)(d) of	457
this section as enrolled in vocational education programs or	458
classes that are described in section 3317.014 of the Revised	459
Code, are provided by the community school, and are comparable as	460
determined by the superintendent of public instruction to school	461
district vocational education programs and classes eligible for	462
state weighted funding under section 3317.014 of the Revised Code,	463
an amount equal to the applicable vocational education weight	464
times the community school's base formula amount times the	465
percentage of time the student spends in the vocational education	466
programs or classes.	467

(5) An amount equal to the sum of the amounts obtained when,	468
for each school district where the community school's students are	469
entitled to attend school, the number of that district's students	470
enrolled in the community school who are included in the	471
district's poverty student count is multiplied by the per pupil	472
amount of poverty-based assistance that school district receives	473
that year pursuant to division (C) of section 3317.029 of the	474
Revised Code, as adjusted by any poverty-based assistance	475
reduction factor of the community school. The per pupil amount of	476
aid shall be determined as described in division (C)(4) of this	477
section.	478

(6) An amount equal to the sum of the amounts obtained when,	479
for each school district where the community school's students are	480
entitled to attend school, the district's per pupil amount of aid	481
received under division (E) of section 3317.029 of the Revised	482
Code, as adjusted by any poverty-based assistance reduction factor	483
of the community school, is multiplied by the sum of the	484
following:	485

(a) The number of the district's students reported under	486
division (B)(2)(a) of this section who are enrolled in grades one	487
to three in that community school and who are not receiving	488
special education and related services pursuant to an IEP;	489

(b) One-half of the district's students who are enrolled in	490
all-day or any other kindergarten class in that community school	491
and who are not receiving special education and related services	492
pursuant to an IEP;	493

(c) One-half of the district's students who are enrolled in	494
all-day kindergarten in that community school and who are not	495
receiving special education and related services pursuant to an	496
IEP.	497

The district's per pupil amount of aid under division (E) of	498
section 3317.029 of the Revised Code shall be determined as	499
described in division (C)(5) of this section.	500

(7) An amount equal to the sum of the amounts obtained when,	501
for each school district where the community school's students are	502
entitled to attend school, the number of that district's students	503
enrolled in the community school who are identified as	504
limited-English proficient is multiplied by the district's per	505
pupil amount received under division (F) of section 3317.029 of	506
the Revised Code, as adjusted by any poverty-based assistance	507
reduction factor of the community school.	508

(8) An amount equal to the sum of the amounts obtained when,	509
for each school district where the community school's students are	510
entitled to attend school, the district's per pupil amount	511
received under division (G) of section 3317.029 of the Revised	512
Code, as adjusted by any poverty-based assistance reduction factor	513
of the community school, is multiplied by the sum of the	514
following:	515

(a) The number of the district's students enrolled in grades	516
one through twelve in that community school;	517

(b) One-half of the number of the district's students	518
enrolled in kindergarten in that community school.	519

The district's per pupil amount under division (G) of section	520
3317.029 of the Revised Code shall be determined as described in	521
division (C)(7) of this section.	522

(9) An amount equal to the sum of the amounts obtained when,	523
for each school district where the community school's students are	524
entitled to attend school, the district's per pupil amount	525
received under divisions (H) and (I) of section 3317.029 of the	526
Revised Code, as adjusted by any poverty-based assistance	527
reduction factor of the community school, is multiplied by the sum	528
of the following:	529

(a) The number of the district's students enrolled in grades	530
one through twelve in that community school;	531

(b) One-half of the number of the district's students	532
enrolled in kindergarten in that community school.	533

The district's per pupil amount under divisions (H) and (I)	534
of section 3317.029 of the Revised Code shall be determined as	535
described in division (C)(8) of this section.	536

(10) An amount equal to the sum of the amounts obtained when,	537
for each school district where the community school's students are	538
entitled to attend school, the district's per pupil amount of	539
state parity aid funding calculated under either division (C) or	540
(D) of section 3317.0217 of the Revised Code is multiplied by the	541
sum of the number of that district's students enrolled in grades	542
one through twelve, and one-half of the number of that district's	543
students enrolled in kindergarten, in the community school as	544
reported under division (B)(2)(a) and (b) of this section.	545

(E)(1) If a community school's costs for a fiscal year for a	546
student receiving special education and related services pursuant	547
to an IEP for a disability described in divisions (B) to (F) of	548
section 3317.013 of the Revised Code exceed the threshold	549
catastrophic cost for serving the student as specified in division	550
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	551
submit to the superintendent of public instruction documentation,	552
as prescribed by the superintendent, of all its costs for that	553
student. Upon submission of documentation for a student of the	554
type and in the manner prescribed, the department shall pay to the	555
community school an amount equal to the school's costs for the	556
student in excess of the threshold catastrophic costs.	557

(2) The community school shall only report under division	558
(E)(1) of this section, and the department shall only pay for, the	559
costs of educational expenses and the related services provided to	560
the student in accordance with the student's individualized	561
education program. Any legal fees, court costs, or other costs	562
associated with any cause of action relating to the student may	563
not be included in the amount.	564

(F) A community school may apply to the department of	565
education for preschool children with disabilities or gifted unit	566
funding the school would receive if it were a school district.	567
Upon request of its governing authority, a community school that	568
received unit funding as a school district-operated school before	569
it became a community school shall retain any units awarded to it	570
as a school district-operated school provided the school continues	571
to meet eligibility standards for the unit.	572

A community school shall be considered a school district and	573
its governing authority shall be considered a board of education	574
for the purpose of applying to any state or federal agency for	575
grants that a school district may receive under federal or state	576
law or any appropriations act of the general assembly. The	577
governing authority of a community school may apply to any private	578
entity for additional funds.	579

(G) A board of education sponsoring a community school may	580
utilize local funds to make enhancement grants to the school or	581
may agree, either as part of the contract or separately, to	582
provide any specific services to the community school at no cost	583
to the school.	584

(H) A community school may not levy taxes or issue bonds	585
secured by tax revenues.	586

(I) No community school shall charge tuition for the	587
enrollment of any student.	588

(J)(1)(a) A community school may borrow money to pay any	589
necessary and actual expenses of the school in anticipation of the	590
receipt of any portion of the payments to be received by the	591
school pursuant to division (D) of this section. The school may	592
issue notes to evidence such borrowing. The proceeds of the notes	593
shall be used only for the purposes for which the anticipated	594
receipts may be lawfully expended by the school.	595

(b) A school may also borrow money for a term not to exceed	596
fifteen years for the purpose of acquiring facilities.	597

(2) Except for any amount guaranteed under section 3318.50 of	598
the Revised Code, the state is not liable for debt incurred by the	599
governing authority of a community school.	600

(K) For purposes of determining the number of students for	601
which divisions (D)(5) and (6) of this section applies in any	602
school year, a community school may submit to the department of	603
job and family services, no later than the first day of March, a	604
list of the students enrolled in the school. For each student on	605
the list, the community school shall indicate the student's name,	606
address, and date of birth and the school district where the	607
student is entitled to attend school. Upon receipt of a list under	608
this division, the department of job and family services shall	609
determine, for each school district where one or more students on	610
the list is entitled to attend school, the number of students	611
residing in that school district who were included in the	612
department's report under section 3317.10 of the Revised Code. The	613
department shall make this determination on the basis of	614
information readily available to it. Upon making this	615
determination and no later than ninety days after submission of	616
the list by the community school, the department shall report to	617
the state department of education the number of students on the	618
list who reside in each school district who were included in the	619
department's report under section 3317.10 of the Revised Code. In	620
complying with this division, the department of job and family	621
services shall not report to the state department of education any	622
personally identifiable information on any student.	623

(L) The department of education shall adjust the amounts	624
subtracted and paid under divisions (C) and (D) of this section to	625
reflect any enrollment of students in community schools for less	626
than the equivalent of a full school year. The state board of	627
education within ninety days after April 8, 2003, shall adopt in	628
accordance with Chapter 119. of the Revised Code rules governing	629
the payments to community schools under this section and section	630
3314.13 of the Revised Code including initial payments in a school	631
year and adjustments and reductions made in subsequent periodic	632
payments to community schools and corresponding deductions from	633
school district accounts as provided under divisions (C) and (D)	634
of this section and section 3314.13 of the Revised Code. For	635
purposes of this section and section 3314.13 of the Revised Code:	636

(1) A student shall be considered enrolled in the community	637
school for any portion of the school year the student is	638
participating at a college under Chapter 3365. of the Revised	639
Code.	640

(2) A student shall be considered to be enrolled in a	641
community school during a school year for the period of time	642
beginning on the later of the date on which the school both has	643
received documentation of the student's enrollment from a parent	644
and the student has commenced participation in learning	645
opportunities as defined in the contract with the sponsor, or	646
thirty days prior to the date on which the student is entered into	647
the education management information system established under	648
section 3301.0714 of the Revised Code. For purposes of applying	649
this division and divisiondivisions (L)(3) and (4) of this	650
section to a community school student, "learning opportunities"	651
shall be defined in the contract, which shall describe both	652
classroom-based and non-classroom-based learning opportunities and	653
shall be in compliance with criteria and documentation	654
requirements for student participation which shall be established	655
by the department. Any student's instruction time in	656
non-classroom-based learning opportunities shall be certified by	657
an employee of the community school. A student's enrollment shall	658
be considered to cease on the date on which any of the following	659
occur:	660

(a) The community school receives documentation from a parent	661
terminating enrollment of the student.	662

(b) The community school is provided documentation of a	663
student's enrollment in another public or private school.	664

(c) The community school ceases to offer learning	665
opportunities to the student pursuant to the terms of the contract	666
with the sponsor or the operation of any provision of this	667
chapter.	668

(3) The department shall determine each community school	669
student's percentage of full-time equivalency based on the	670
percentage of learning opportunities offered by the community	671
school to that student, reported either as number of hours or	672
number of days, is of the total learning opportunities offered by	673
the community school to a student who attends for the school's	674
entire school year. However, no internet- or computer-based	675
community school shall be credited for any time a student spends	676
participating in learning opportunities beyond ten hours within	677
any period of twenty-four consecutive hours. Whether it reports	678
hours or days of learning opportunities, each community school	679
shall offer not less than nine hundred twenty hours of learning	680
opportunities during the school year.	681

(4) With respect to the calculation of full-time equivalency	682
under division (L)(3) of this section, the department shall waive	683
the number of hours or days of learning opportunities not offered	684
to a student because the community school was closed during the	685
school year due to disease epidemic, hazardous weather conditions,	686
inoperability of school buses or other equipment necessary to the	687
school's operation, damage to a school building, or other	688
temporary circumstances due to utility failure rendering the	689
school building unfit for school use, so long as the school was	690
actually open for instruction with students in attendance during	691
that school year for not less than the minimum number of hours	692
required by this chapter. The department shall treat the school as	693
if it were open for instruction with students in attendance during	694
the hours or days waived under this division.	695

(M) The department of education shall reduce the amounts paid	696
under division (D) of this section to reflect payments made to	697
colleges under division (B) of section 3365.07 of the Revised Code	698
or through alternative funding agreements entered into under rules	699
adopted under section 3365.12 of the Revised Code.	700

(N)(1) No student shall be considered enrolled in any	701
internet- or computer-based community school or, if applicable to	702
the student, in any community school that is required to provide	703
the student with a computer pursuant to division (C) of section	704
3314.22 of the Revised Code, unless both of the following	705
conditions are satisfied:	706

(a) The student possesses or has been provided with all	707
required hardware and software materials and all such materials	708
are operational so that the student is capable of fully	709
participating in the learning opportunities specified in the	710
contract between the school and the school's sponsor as required	711
by division (A)(23) of section 3314.03 of the Revised Code;	712

(b) The school is in compliance with division (A) of section	713
3314.22 of the Revised Code, relative to such student.	714

(2) In accordance with policies adopted jointly by the	715
superintendent of public instruction and the auditor of state, the	716
department shall reduce the amounts otherwise payable under	717
division (D) of this section to any community school that includes	718
in its program the provision of computer hardware and software	719
materials to any student, if such hardware and software materials	720
have not been delivered, installed, and activated for each such	721
student in a timely manner or other educational materials or	722
services have not been provided according to the contract between	723
the individual community school and its sponsor.	724

The superintendent of public instruction and the auditor of	725
state shall jointly establish a method for auditing any community	726
school to which this division pertains to ensure compliance with	727
this section.	728

The superintendent, auditor of state, and the governor shall	729
jointly make recommendations to the general assembly for	730
legislative changes that may be required to assure fiscal and	731
academic accountability for such schools.	732

(O)(1) If the department determines that a review of a	733
community school's enrollment is necessary, such review shall be	734
completed and written notice of the findings shall be provided to	735
the governing authority of the community school and its sponsor	736
within ninety days of the end of the community school's fiscal	737
year, unless extended for a period not to exceed thirty additional	738
days for one of the following reasons:	739

(a) The department and the community school mutually agree to	740
the extension.	741

(b) Delays in data submission caused by either a community	742
school or its sponsor.	743

(2) If the review results in a finding that additional	744
funding is owed to the school, such payment shall be made within	745
thirty days of the written notice. If the review results in a	746
finding that the community school owes moneys to the state, the	747
following procedure shall apply:	748

(a) Within ten business days of the receipt of the notice of	749
findings, the community school may appeal the department's	750
determination to the state board of education or its designee.	751

(b) The board or its designee shall conduct an informal	752
hearing on the matter within thirty days of receipt of such an	753
appeal and shall issue a decision within fifteen days of the	754
conclusion of the hearing.	755

(c) If the board has enlisted a designee to conduct the	756
hearing, the designee shall certify its decision to the board. The	757
board may accept the decision of the designee or may reject the	758
decision of the designee and issue its own decision on the matter.	759

(d) Any decision made by the board under this division is	760
final.	761

(3) If it is decided that the community school owes moneys to	762
the state, the department shall deduct such amount from the	763
school's future payments in accordance with guidelines issued by	764
the superintendent of public instruction.	765

(P) The department shall not subtract from a school	766
district's state aid account under division (C) of this section	767
and shall not pay to a community school under division (D) of this	768
section any amount for any of the following:	769

(1) Any student who has graduated from the twelfth grade of a	770
public or nonpublic high school;	771

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

772

(3) Any student who was enrolled in the community school	773
during the previous school year when assessments were administered	774
under section 3301.0711 of the Revised Code but did not take one	775
or more of the assessments required by that section and was not	776
excused pursuant to division (C)(1) or (3) of that section, unless	777
the superintendent of public instruction grants the student a	778
waiver from the requirement to take the assessment and a parent is	779
not paying tuition for the student pursuant to section 3314.26 of	780
the Revised Code. The superintendent may grant a waiver only for	781
good cause in accordance with rules adopted by the state board of	782
education.	783

(4) Any student who has attained the age of twenty-two years,	784
except for veterans of the armed services whose attendance was	785
interrupted before completing the recognized twelve-year course of	786
the public schools by reason of induction or enlistment in the	787
armed forces and who apply for enrollment in a community school	788
not later than four years after termination of war or their	789
honorable discharge. If, however, any such veteran elects to	790
enroll in special courses organized for veterans for whom tuition	791
is paid under federal law, or otherwise, the department shall not	792
subtract from a school district's state aid account under division	793
(C) of this section and shall not pay to a community school under	794
division (D) of this section any amount for that veteran.	795

Sec. 3317.01.  As used in this section and section 3317.011	796
of the Revised Code, "school district," unless otherwise	797
specified, means any city, local, exempted village, joint	798
vocational, or cooperative education school district and any	799
educational service center.	800

This chapter shall be administered by the state board of	801
education. The superintendent of public instruction shall	802
calculate the amounts payable to each school district and shall	803
certify the amounts payable to each eligible district to the	804
treasurer of the district as provided by this chapter. As soon as	805
possible after such amounts are calculated, the superintendent	806
shall certify to the treasurer of each school district the	807
district's adjusted charge-off increase, as defined in section	808
5705.211 of the Revised Code. No moneys shall be distributed	809
pursuant to this chapter without the approval of the controlling	810
board.	811

The state board of education shall, in accordance with	812
appropriations made by the general assembly, meet the financial	813
obligations of this chapter.	814

Moneys distributed pursuant to this chapter shall be	815
calculated and paid on a fiscal year basis, beginning with the	816
first day of July and extending through the thirtieth day of June.	817
The moneys appropriated for each fiscal year shall be distributed	818
periodically to each school district unless otherwise provided	819
for. The state board shall submit a yearly distribution plan to	820
the controlling board at its first meeting in July. The state	821
board shall submit any proposed midyear revision of the plan to	822
the controlling board in January. Any year-end revision of the	823
plan shall be submitted to the controlling board in June. If	824
moneys appropriated for each fiscal year are distributed other	825
than monthly, such distribution shall be on the same basis for	826
each school district.	827

Except as otherwise provided, payments under this chapter	828
shall be made only to those school districts in which:	829

(A) The school district, except for any educational service	830
center and any joint vocational or cooperative education school	831
district, levies for current operating expenses at least twenty	832
mills. Levies for joint vocational or cooperative education school	833
districts or county school financing districts, limited to or to	834
the extent apportioned to current expenses, shall be included in	835
this qualification requirement. School district income tax levies	836
under Chapter 5748. of the Revised Code, limited to or to the	837
extent apportioned to current operating expenses, shall be	838
included in this qualification requirement to the extent	839
determined by the tax commissioner under division (D) of section	840
3317.021 of the Revised Code.	841

(B) The school year next preceding the fiscal year for which	842
such payments are authorized meets the requirement of section	843
3313.48 or 3313.481 of the Revised Code, with regard to the	844
minimum number of days or hours school must be open for	845
instruction with pupils in attendance, for individualized	846
parent-teacher conference and reporting periods, and for	847
professional meetings of teachers. This requirement shall be	848
waived by the superintendent of public instruction if it had been	849
necessary for a school to be closed because of disease epidemic,	850
hazardous weather conditions, inoperability of school buses or	851
other equipment necessary to the school's operation, damage to a	852
school building, or other temporary circumstances due to utility	853
failure rendering the school building unfit for school use,	854
provided that for those school districts operating pursuant to	855
section 3313.48 of the Revised Code the number of days the school	856
was actually open for instruction with pupils in attendance and	857
for individualized parent-teacher conference and reporting periods	858
is not less than one hundred seventy-five, or for those school	859
districts operating on a trimester plan the number of days the	860
school was actually open for instruction with pupils in attendance	861
not less than seventy-nine days in any trimester, for those school	862
districts operating on a quarterly plan the number of days the	863
school was actually open for instruction with pupils in attendance	864
not less than fifty-nine days in any quarter, or for those school	865
districts operating on a pentamester plan the number of days the	866
school was actually open for instruction with pupils in attendance	867
not less than forty-four days in any pentamester. However, for	868
fiscal year 2012, the superintendent shall waive two fewer such	869
days for the 2010-2011 school year.	870

A school district shall not be considered to have failed to	871
comply with this division or section 3313.481 of the Revised Code	872
because schools were open for instruction but either twelfth grade	873
students were excused from attendance for up to three days or only	874
a portion of the kindergarten students were in attendance for up	875
to three days in order to allow for the gradual orientation to	876
school of such students.	877

The superintendent of public instruction shall waive the	878
requirements of this section with reference to the minimum number	879
of days or hours school must be in session with pupils in	880
attendance for the school year succeeding the school year in which	881
a board of education initiates a plan of operation pursuant to	882
section 3313.481 of the Revised Code. The minimum requirements of	883
this section shall again be applicable to such a district	884
beginning with the school year commencing the second July	885
succeeding the initiation of one such plan, and for each school	886
year thereafter.	887

A school district shall not be considered to have failed to	888
comply with this division or section 3313.48 or 3313.481 of the	889
Revised Code because schools were open for instruction but the	890
length of the regularly scheduled school day, for any number of	891
days during the school year, was reduced by not more than two	892
hours due to hazardous weather conditions.	893

(C) The school district has on file, and is paying in	894
accordance with, a teachers' salary schedule which complies with	895
section 3317.13 of the Revised Code.	896

A board of education or governing board of an educational	897
service center which has not conformed with other law and the	898
rules pursuant thereto, shall not participate in the distribution	899
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	900
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	901
and sufficient reason established to the satisfaction of the state	902
board of education and the state controlling board.	903

All funds allocated to school districts under this chapter,	904
except those specifically allocated for other purposes, shall be	905
used to pay current operating expenses only.	906

Sec. 3326.11. Each science, technology, engineering, and	907
mathematics school established under this chapter and its	908
governing body shall comply with sections 9.90, 9.91, 109.65,	909
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	910
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	911
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	912
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	913
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	914
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	915
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	916
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	917
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	918
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	919
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	920
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	921
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	922
4123., 4141., and 4167. of the Revised Code as if it were a school	923
district.	924

Sec. 3327.02.  (A) After(1) Except as provided in division	925
(A)(2) of this section, after considering each of the following	926
factors, the board of education of a city, exempted village, or	927
local school district may determine that it is impractical to	928
transport a pupil who is eligible for transportation to and from a	929
school under section 3327.01 of the Revised Code:	930

(1)(a) The time and distance required to provide the	931
transportation;	932

(2)(b) The number of pupils to be transported;

933

(3)(c) The cost of providing transportation in terms of	934
equipment, maintenance, personnel, and administration;	935

(4)(d) Whether similar or equivalent service is provided to	936
other pupils eligible for transportation;	937

(5)(e) Whether and to what extent the additional service	938
unavoidably disrupts current transportation schedules;	939

(6)(f) Whether other reimbursable types of transportation are	940
available.	941

(2) The board shall not determine that it is impractical to	942
transport a pupil to a nonpublic or community school solely for	943
those days that the nonpublic or community school is open for	944
instruction to make up days or hours in which the school was	945
closed for any of the reasons specified in division (A)(2) of	946
section 3306.01 and division (B) of section 3317.01 of the Revised	947
Code, regardless of whether those days were on the school's	948
calendar at the beginning of the school year.	949

(B)(1) Based on its consideration of the factors established	950
in division (A)(1) of this section, the board may pass a	951
resolution declaring the impracticality of transportation. The	952
resolution shall include each pupil's name and the reason for	953
impracticality.	954

(2) The board shall report its determination to the state	955
board of education in a manner determined by the state board.	956

(3) The board of education of a local school district	957
additionally shall submit the resolution for concurrence to the	958
educational service center that contains the local district's	959
territory. If the educational service center governing board	960
considers transportation by school conveyance practicable, it	961
shall so inform the local board and transportation shall be	962
provided by such local board. If the educational service center	963
board agrees with the view of the local board, the local board may	964
offer payment in lieu of transportation as provided in this	965
section.	966

(C) After passing the resolution declaring the impracticality	967
of transportation, the district board shall offer to provide	968
payment in lieu of transportation by doing the following:	969

(1) In accordance with guidelines established by the	970
department of education, informing the pupil's parent, guardian,	971
or other person in charge of the pupil of both of the following:	972

(a) The board's resolution;

973

(b) The right of the pupil's parent, guardian, or other	974
person in charge of the pupil to accept the offer of payment in	975
lieu of transportation or to reject the offer and instead request	976
the department to initiate mediation procedures.	977

(2) Issuing the pupil's parent, guardian, or other person in	978
charge of the pupil a contract or other form on which the parent,	979
guardian, or other person in charge of the pupil is given the	980
option to accept or reject the board's offer of payment in lieu of	981
transportation.	982

(D) If the parent, guardian, or other person in charge of the	983
pupil accepts the offer of payment in lieu of providing	984
transportation, the board shall pay the parent, guardian, or other	985
person in charge of the child an amount that shall be not less	986
than the amount determined by the department of education as the	987
minimum for payment in lieu of transportation, and not more than	988
the amount determined by the department as the average cost of	989
pupil transportation for the previous school year. Payment may be	990
prorated if the time period involved is only a part of the school	991
year.	992

(E)(1)(a) Upon the request of a parent, guardian, or other	993
person in charge of the pupil who rejected the payment in lieu of	994
transportation, the department shall conduct mediation procedures.	995

(b) If the mediation does not resolve the dispute, the state	996
board of education shall conduct a hearing in accordance with	997
Chapter 119. of the Revised Code. The state board may approve the	998
payment in lieu of transportation or may order the board of	999
education to provide transportation. The decision of the state	1000
board is binding in subsequent years and on future parties in	1001
interest provided the facts of the determination remain	1002
comparable.	1003

(2) The school district shall provide transportation for the	1004
pupil from the time the parent, guardian, or other person in	1005
charge of the pupil requests mediation until the matter is	1006
resolved under division (E)(1)(a) or (b) of this section.	1007

(F)(1) If the department determines that a school district	1008
board has failed or is failing to provide transportation as	1009
required by division (E)(2) of this section or as ordered by the	1010
state board under division (E)(1)(b) of this section, the	1011
department shall order the school district board to pay to the	1012
pupil's parent, guardian, or other person in charge of the pupil,	1013
an amount equal to the state average daily cost of transportation	1014
as determined by the state board of education for the previous	1015
year. The school district board shall make payments on a schedule	1016
ordered by the department.	1017

(2) If the department subsequently finds that a school	1018
district board is not in compliance with an order issued under	1019
division (F)(1) of this section and the affected pupils are	1020
enrolled in a nonpublic or community school, the department shall	1021
deduct the amount that the board is required to pay under that	1022
order from any payments the department makes to the school	1023
district board under section 3306.12 of the Revised Code. The	1024
department shall use the moneys so deducted to make payments to	1025
the nonpublic or community school attended by the pupil. The	1026
department shall continue to make the deductions and payments	1027
required under this division until the school district board	1028
either complies with the department's order issued under division	1029
(F)(1) of this section or begins providing transportation.	1030

(G) A nonpublic or community school that receives payments	1031
from the department under division (F)(2) of this section shall do	1032
either of the following:	1033

(1) Disburse the entire amount of the payments to the parent,	1034
guardian, or other person in control of the pupil affected by the	1035
failure of the school district of residence to provide	1036
transportation;	1037

(2) Use the entire amount of the payments to provide	1038
acceptable transportation for the affected pupil.	1039

Section 2. That existing sections 3313.482, 3314.08, 3317.01,	1040
3326.11, and 3327.02 of the Revised Code are hereby repealed.	1041

Section 3. The amendment of section 3326.11 of the Revised	1042
Code by this act is not intended to accelerate the effective date	1043
of the amendments inserting "3313.814, 3313.816, 3313.817," by	1044
Sub. S.B. 210 of the 128th General Assembly, effective July 1,	1045
2011.	1046

Section 4. This act is hereby declared to be an emergency	1047
measure necessary for the immediate preservation of the public	1048
peace, health, and safety. The reason for such necessity is to	1049
provide schools with adequate time to address unavoidable school	1050
closures due to public calamities, such as hazardous weather	1051
conditions, during the current school year. Therefore, this act	1052
shall go into immediate effect.	1053