As Receded From 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, Gillmor 

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A BILL

To amend sections 3313.482, 3314.08, and 3317.01 of

1

the Revised Code to excuse up to five, instead of

2

three, calamity days for the 2010-2011 school

3

year, to broaden schools' authority to make up

4

calamity days by lengthening remaining days in the

5

school year, to waive the number of hours a

6

community school is closed for a public calamity

7

if it meets certain requirements, and to declare

8

an emergency.

9

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

Section 1. That sections 3313.482, 3314.08, and 3317.01 of	10
the Revised Code be amended to read as follows:	11

Sec. 3313.482.  (A) Annually, prior to the first day of	12
September, the board of education of each city, local, and	13
exempted village school district shall adopt a resolution	14
specifying a contingency plan under which the district's students	15
will make up days on which it was necessary to close schools for	16
any of the reasons specified in division (A)(2) of section 3306.01	17
and division (B) of section 3317.01 of the Revised Code, if any	18
such days must be made up in order to comply with the requirements	19
of that section and sections 3306.01, 3313.48 and, 3313.481, and	20
3317.01 of the Revised Code. The resolutionplan shall provide in	21
the plan for making up at least five full school days. The plan	22
may provide for making up some or all of the days a school is	23
closed by increasing the length of other school days in the manner	24
authorized in division (B) of this section. No resolution adopted	25
pursuant to this division shall conflict with any collective	26
bargaining agreement into which a board has entered pursuant to	27
Chapter 4117. of the Revised Code and that is in effect in the	28
district.	29

(B) Notwithstanding the content ofanything to the contrary	30
in the contingency plan it adopts under division (A) of this	31
section, if a school district closes or evacuates any school	32
building for any of the reasons specified in division (A)(2) of	33
section 3306.01 and division (B) of section 3317.01 of the Revised	34
Code, or as a result of a bomb threat or any other report of an	35
alleged or impending explosion, and if, as a result of the closing	36
or evacuation, the school district would be unable to meet the	37
requirements of sections 3306.01, 3313.48, 3313.481, and 3317.01	38
of the Revised Code regarding the number of days schools must be	39
open for instruction or the requirements of the state minimum	40
standards for the school day that are established by the	41
department of education regarding the number of hours there must	42
be in the school day, the school district may increase the length	43
of one or more other school days for the school that was closed or	44
evacuated, in increments of one-half hour, to make up the number	45
of hours or days that the school building in question was so	46
closed or evacuated for the purpose of satisfying the requirements	47
of those sections regarding the number of days schools must be	48
open for instruction or the requirements of those standards	49
regarding the number of hours there must be in the school day.	50

(C) If a school district closes or evacuates any school	51
building for any of the reasons specified in division (B) of	52
section 3317.01 of the Revised Code, and if for that school the	53
total number of full school days specified in the district's	54
contingency plan adopted under division (A) of this section is	55
insufficient to enable the school district to meet the	56
requirements of sections 3313.48, 3313.481, and 3317.01 of the	57
Revised Code regarding the number of days schools must be open for	58
instruction or the requirements of the state minimum standards for	59
the school day that are established by the department of education	60
regarding the number of hours there must be in the school day, the	61
school district may increase the length of one or more other	62
school days for the school that was closed or evacuated, in	63
increments of one-half hour, to make up the number of hours or	64
days that the school building in question was so closed or	65
evacuated for the purpose of satisfying the requirements of those	66
sections regarding the number of days schools must be open for	67
instruction or the requirements of those standards regarding the	68
number of hours there must be in the school day. The district	69
shall not be required to actually make up any of the days	70
specified in the district's contingency plan prior to increasing	71
the length of one or more school days to make up the shortage of	72
hours or days caused by the school's closure or evacuation, but in	73
no case shall the district fail to make up the total number of	74
full school days specified in the contingency plan in accordance	75
with that plan.	76

(D) If a school district closes or evacuates a school	77
building as a result of a bomb threat or any other report of an	78
alleged or impending explosion and also closes or evacuates that	79
school building on a different day for any of the reasons	80
specified in division (B) of section 3317.01 of the Revised Code,	81
division (B) of this section applies regarding the closing or	82
evacuation of the school building as a result of the bomb threat	83
or report of an alleged or impending explosion and division (C) of	84
this section applies regarding the closing or evacuation of the	85
school building for the reason specified in division (B) of	86
section 3317.01 of the Revised Code.	87

Notwithstanding the provisions of sections 3313.48, 3313.481,	88
and 3317.01 of the Revised Code and the requirements of the state	89
minimum standards for the school day that are established by the	90
department of education and notwithstanding the content of the	91
contingency plan it adopts under division (A) of this section	92
regarding the closing or evacuation of a school building as a	93
result of a bomb threat or any other report of an alleged or	94
impending explosion, aA school district that makes up, as	95
described in this division (B) or (C) of this section, all of the	96
hours or days that its school buildings were closed or evacuated	97
for any of the reasons identified in this division (B) or (C) of	98
this section shall be deemed to have complied with the	99
requirements of those sections 3306.01, 3313.48, 3313.481, and	100
3317.01 of the Revised Code regarding the number of days schools	101
must be open for instruction and the requirements of thosethe	102
state minimum standards regarding the number of hours there must	103
be in the school day.	104

Sec. 3314.08. The deductions under division (C) and the	105
payments under division (D) of this section for fiscal years 2010	106
and 2011 shall be made in accordance with section 3314.088 of the	107
Revised Code.	108

(A) As used in this section:

109

(1) "Base formula amount" means the amount specified as such	110
in a community school's financial plan for a school year pursuant	111
to division (A)(15) of section 3314.03 of the Revised Code.	112

(2) "IEP" has the same meaning as in section 3323.01 of the	113
Revised Code.	114

(3) "Applicable special education weight" means the multiple	115
specified in section 3317.013 of the Revised Code for a disability	116
described in that section.	117

(4) "Applicable vocational education weight" means:

118

(a) For a student enrolled in vocational education programs	119
or classes described in division (A) of section 3317.014 of the	120
Revised Code, the multiple specified in that division;	121

(b) For a student enrolled in vocational education programs	122
or classes described in division (B) of section 3317.014 of the	123
Revised Code, the multiple specified in that division.	124

(5) "Entitled to attend school" means entitled to attend	125
school in a district under section 3313.64 or 3313.65 of the	126
Revised Code.	127

(6) A community school student is "included in the poverty	128
student count" of a school district if the student is entitled to	129
attend school in the district and the student's family receives	130
assistance under the Ohio works first program.	131

(7) "Poverty-based assistance reduction factor" means the	132
percentage figure, if any, for reducing the per pupil amount of	133
poverty-based assistance a community school is entitled to receive	134
pursuant to divisions (D)(5) to (9) of this section in any year,	135
as specified in the school's financial plan for the year pursuant	136
to division (A)(15) of section 3314.03 of the Revised Code.	137

(8) "All-day kindergarten" has the same meaning as in section	138
3317.029 of the Revised Code.	139

(9) "State education aid" has the same meaning as in section	140
5751.20 of the Revised Code.	141

(B) The state board of education shall adopt rules requiring	142
both of the following:	143

(1) The board of education of each city, exempted village,	144
and local school district to annually report the number of	145
students entitled to attend school in the district who are	146
enrolled in grades one through twelve in a community school	147
established under this chapter, the number of students entitled to	148
attend school in the district who are enrolled in kindergarten in	149
a community school, the number of those kindergartners who are	150
enrolled in all-day kindergarten in their community school, and	151
for each child, the community school in which the child is	152
enrolled.	153

(2) The governing authority of each community school	154
established under this chapter to annually report all of the	155
following:	156

(a) The number of students enrolled in grades one through	157
twelve and the number of students enrolled in kindergarten in the	158
school who are not receiving special education and related	159
services pursuant to an IEP;	160

(b) The number of enrolled students in grades one through	161
twelve and the number of enrolled students in kindergarten, who	162
are receiving special education and related services pursuant to	163
an IEP;	164

(c) The number of students reported under division (B)(2)(b)	165
of this section receiving special education and related services	166
pursuant to an IEP for a disability described in each of divisions	167
(A) to (F) of section 3317.013 of the Revised Code;	168

(d) The full-time equivalent number of students reported	169
under divisions (B)(2)(a) and (b) of this section who are enrolled	170
in vocational education programs or classes described in each of	171
divisions (A) and (B) of section 3317.014 of the Revised Code that	172
are provided by the community school;	173

(e) Twenty per cent of the number of students reported under	174
divisions (B)(2)(a) and (b) of this section who are not reported	175
under division (B)(2)(d) of this section but who are enrolled in	176
vocational education programs or classes described in each of	177
divisions (A) and (B) of section 3317.014 of the Revised Code at a	178
joint vocational school district under a contract between the	179
community school and the joint vocational school district and are	180
entitled to attend school in a city, local, or exempted village	181
school district whose territory is part of the territory of the	182
joint vocational district;	183

(f) The number of enrolled preschool children with	184
disabilities receiving special education services in a	185
state-funded unit;	186

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

187

(h) For each student, the city, exempted village, or local	188
school district in which the student is entitled to attend school;	189

(i) Any poverty-based assistance reduction factor that	190
applies to a school year.	191

(C) From the state education aid calculated for a city,	192
exempted village, or local school district and, if necessary, from	193
the payment made to the district under sections 321.24 and 323.156	194
of the Revised Code, the department of education shall annually	195
subtract the sum of the amounts described in divisions (C)(1) to	196
(9) of this section. However, when deducting payments on behalf of	197
students enrolled in internet- or computer-based community	198
schools, the department shall deduct only those amounts described	199
in divisions (C)(1) and (2) of this section. Furthermore, the	200
aggregate amount deducted under this division shall not exceed the	201
sum of the district's state education aid and its payment under	202
sections 321.24 and 323.156 of the Revised Code.	203

(1) An amount equal to the sum of the amounts obtained when,	204
for each community school where the district's students are	205
enrolled, the number of the district's students reported under	206
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	207
in grades one through twelve, and one-half the number of students	208
reported under those divisions who are enrolled in kindergarten,	209
in that community school is multiplied by the sum of the base	210
formula amount of that community school plus the per pupil amount	211
of the base funding supplements specified in divisions (C)(1) to	212
(4) of section 3317.012 of the Revised Code.	213

(2) The sum of the amounts calculated under divisions	214
(C)(2)(a) and (b) of this section:	215

(a) For each of the district's students reported under	216
division (B)(2)(c) of this section as enrolled in a community	217
school in grades one through twelve and receiving special	218
education and related services pursuant to an IEP for a disability	219
described in section 3317.013 of the Revised Code, the product of	220
the applicable special education weight times the community	221
school's base formula amount;	222

(b) For each of the district's students reported under	223
division (B)(2)(c) of this section as enrolled in kindergarten in	224
a community school and receiving special education and related	225
services pursuant to an IEP for a disability described in section	226
3317.013 of the Revised Code, one-half of the amount calculated as	227
prescribed in division (C)(2)(a) of this section.	228

(3) For each of the district's students reported under	229
division (B)(2)(d) of this section for whom payment is made under	230
division (D)(4) of this section, the amount of that payment;	231

(4) An amount equal to the sum of the amounts obtained when,	232
for each community school where the district's students are	233
enrolled, the number of the district's students enrolled in that	234
community school who are included in the district's poverty	235
student count is multiplied by the per pupil amount of	236
poverty-based assistance the school district receives that year	237
pursuant to division (C) of section 3317.029 of the Revised Code,	238
as adjusted by any poverty-based assistance reduction factor of	239
that community school. The per pupil amount of that aid for the	240
district shall be calculated by the department.	241

(5) An amount equal to the sum of the amounts obtained when,	242
for each community school where the district's students are	243
enrolled, the district's per pupil amount of aid received under	244
division (E) of section 3317.029 of the Revised Code, as adjusted	245
by any poverty-based assistance reduction factor of the community	246
school, is multiplied by the sum of the following:	247

(a) The number of the district's students reported under	248
division (B)(2)(a) of this section who are enrolled in grades one	249
to three in that community school and who are not receiving	250
special education and related services pursuant to an IEP;	251

(b) One-half of the district's students who are enrolled in	252
all-day or any other kindergarten class in that community school	253
and who are not receiving special education and related services	254
pursuant to an IEP;	255

(c) One-half of the district's students who are enrolled in	256
all-day kindergarten in that community school and who are not	257
receiving special education and related services pursuant to an	258
IEP.	259

The district's per pupil amount of aid under division (E) of	260
section 3317.029 of the Revised Code is the quotient of the amount	261
the district received under that division divided by the	262
district's kindergarten through third grade ADM, as defined in	263
that section.	264

(6) An amount equal to the sum of the amounts obtained when,	265
for each community school where the district's students are	266
enrolled, the district's per pupil amount received under division	267
(F) of section 3317.029 of the Revised Code, as adjusted by any	268
poverty-based assistance reduction factor of that community	269
school, is multiplied by the number of the district's students	270
enrolled in the community school who are identified as	271
limited-English proficient.	272

(7) An amount equal to the sum of the amounts obtained when,	273
for each community school where the district's students are	274
enrolled, the district's per pupil amount received under division	275
(G) of section 3317.029 of the Revised Code, as adjusted by any	276
poverty-based assistance reduction factor of that community	277
school, is multiplied by the sum of the following:	278

(a) The number of the district's students enrolled in grades	279
one through twelve in that community school;	280

(b) One-half of the number of the district's students	281
enrolled in kindergarten in that community school.	282

The district's per pupil amount under division (G) of section	283
3317.029 of the Revised Code is the district's amount per teacher	284
calculated under division (G)(1) or (2) of that section divided by	285
17.	286

(8) An amount equal to the sum of the amounts obtained when,	287
for each community school where the district's students are	288
enrolled, the district's per pupil amount received under divisions	289
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	290
by any poverty-based assistance reduction factor of that community	291
school, is multiplied by the sum of the following:	292

(a) The number of the district's students enrolled in grades	293
one through twelve in that community school;	294

(b) One-half of the number of the district's students	295
enrolled in kindergarten in that community school.	296

The district's per pupil amount under divisions (H) and (I)	297
of section 3317.029 of the Revised Code is the amount calculated	298
under each division divided by the district's formula ADM, as	299
defined in section 3317.02 of the Revised Code.	300

(9) An amount equal to the per pupil state parity aid funding	301
calculated for the school district under either division (C) or	302
(D) of section 3317.0217 of the Revised Code multiplied by the sum	303
of the number of students in grades one through twelve, and	304
one-half of the number of students in kindergarten, who are	305
entitled to attend school in the district and are enrolled in a	306
community school as reported under division (B)(1) of this	307
section.	308

(D) The department shall annually pay to a community school	309
established under this chapter the sum of the amounts described in	310
divisions (D)(1) to (10) of this section. However, the department	311
shall calculate and pay to each internet- or computer-based	312
community school only the amounts described in divisions (D)(1) to	313
(3) of this section. Furthermore, the sum of the payments to all	314
community schools under divisions (D)(1), (2), and (4) to (10) of	315
this section for the students entitled to attend school in any	316
particular school district shall not exceed the sum of that	317
district's state education aid and its payment under sections	318
321.24 and 323.156 of the Revised Code. If the sum of the payments	319
calculated under those divisions for the students entitled to	320
attend school in a particular school district exceeds the sum of	321
that district's state education aid and its payment under sections	322
321.24 and 323.156 of the Revised Code, the department shall	323
calculate and apply a proration factor to the payments to all	324
community schools under those divisions for the students entitled	325
to attend school in that district.	326

(1) Subject to section 3314.085 of the Revised Code, an	327
amount equal to the sum of the amounts obtained when the number of	328
students enrolled in grades one through twelve, plus one-half of	329
the kindergarten students in the school, reported under divisions	330
(B)(2)(a), (b), and (e) of this section who are not receiving	331
special education and related services pursuant to an IEP for a	332
disability described in section 3317.013 of the Revised Code is	333
multiplied by the sum of the community school's base formula	334
amount plus the per pupil amount of the base funding supplements	335
specified in divisions (C)(1) to (4) of section 3317.012 of the	336
Revised Code.	337

(2) Prior to fiscal year 2007, the greater of the amount	338
calculated under division (D)(2)(a) or (b) of this section, and in	339
fiscal year 2007 and thereafter, the amount calculated under	340
division (D)(2)(b) of this section:	341

(a) The aggregate amount that the department paid to the	342
community school in fiscal year 1999 for students receiving	343
special education and related services pursuant to IEPs, excluding	344
federal funds and state disadvantaged pupil impact aid funds;	345

(b) The sum of the amounts calculated under divisions	346
(D)(2)(b)(i) and (ii) of this section:	347

(i) For each student reported under division (B)(2)(c) of	348
this section as enrolled in the school in grades one through	349
twelve and receiving special education and related services	350
pursuant to an IEP for a disability described in section 3317.013	351
of the Revised Code, the following amount:	352

(the school's base formula amount plus	353

the per pupil amount of the base funding supplements specified in	354

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	355

+ (the applicable special education weight X the	356

community school's base formula amount);	357

(ii) For each student reported under division (B)(2)(c) of	358
this section as enrolled in kindergarten and receiving special	359
education and related services pursuant to an IEP for a disability	360
described in section 3317.013 of the Revised Code, one-half of the	361
amount calculated under the formula prescribed in division	362
(D)(2)(b)(i) of this section.	363

(3) An amount received from federal funds to provide special	364
education and related services to students in the community	365
school, as determined by the superintendent of public instruction.	366

(4) For each student reported under division (B)(2)(d) of	367
this section as enrolled in vocational education programs or	368
classes that are described in section 3317.014 of the Revised	369
Code, are provided by the community school, and are comparable as	370
determined by the superintendent of public instruction to school	371
district vocational education programs and classes eligible for	372
state weighted funding under section 3317.014 of the Revised Code,	373
an amount equal to the applicable vocational education weight	374
times the community school's base formula amount times the	375
percentage of time the student spends in the vocational education	376
programs or classes.	377

(5) An amount equal to the sum of the amounts obtained when,	378
for each school district where the community school's students are	379
entitled to attend school, the number of that district's students	380
enrolled in the community school who are included in the	381
district's poverty student count is multiplied by the per pupil	382
amount of poverty-based assistance that school district receives	383
that year pursuant to division (C) of section 3317.029 of the	384
Revised Code, as adjusted by any poverty-based assistance	385
reduction factor of the community school. The per pupil amount of	386
aid shall be determined as described in division (C)(4) of this	387
section.	388

(6) An amount equal to the sum of the amounts obtained when,	389
for each school district where the community school's students are	390
entitled to attend school, the district's per pupil amount of aid	391
received under division (E) of section 3317.029 of the Revised	392
Code, as adjusted by any poverty-based assistance reduction factor	393
of the community school, is multiplied by the sum of the	394
following:	395

(a) The number of the district's students reported under	396
division (B)(2)(a) of this section who are enrolled in grades one	397
to three in that community school and who are not receiving	398
special education and related services pursuant to an IEP;	399

(b) One-half of the district's students who are enrolled in	400
all-day or any other kindergarten class in that community school	401
and who are not receiving special education and related services	402
pursuant to an IEP;	403

(c) One-half of the district's students who are enrolled in	404
all-day kindergarten in that community school and who are not	405
receiving special education and related services pursuant to an	406
IEP.	407

The district's per pupil amount of aid under division (E) of	408
section 3317.029 of the Revised Code shall be determined as	409
described in division (C)(5) of this section.	410

(7) An amount equal to the sum of the amounts obtained when,	411
for each school district where the community school's students are	412
entitled to attend school, the number of that district's students	413
enrolled in the community school who are identified as	414
limited-English proficient is multiplied by the district's per	415
pupil amount received under division (F) of section 3317.029 of	416
the Revised Code, as adjusted by any poverty-based assistance	417
reduction factor of the community school.	418

(8) An amount equal to the sum of the amounts obtained when,	419
for each school district where the community school's students are	420
entitled to attend school, the district's per pupil amount	421
received under division (G) of section 3317.029 of the Revised	422
Code, as adjusted by any poverty-based assistance reduction factor	423
of the community school, is multiplied by the sum of the	424
following:	425

(a) The number of the district's students enrolled in grades	426
one through twelve in that community school;	427

(b) One-half of the number of the district's students	428
enrolled in kindergarten in that community school.	429

The district's per pupil amount under division (G) of section	430
3317.029 of the Revised Code shall be determined as described in	431
division (C)(7) of this section.	432

(9) An amount equal to the sum of the amounts obtained when,	433
for each school district where the community school's students are	434
entitled to attend school, the district's per pupil amount	435
received under divisions (H) and (I) of section 3317.029 of the	436
Revised Code, as adjusted by any poverty-based assistance	437
reduction factor of the community school, is multiplied by the sum	438
of the following:	439

(a) The number of the district's students enrolled in grades	440
one through twelve in that community school;	441

(b) One-half of the number of the district's students	442
enrolled in kindergarten in that community school.	443

The district's per pupil amount under divisions (H) and (I)	444
of section 3317.029 of the Revised Code shall be determined as	445
described in division (C)(8) of this section.	446

(10) An amount equal to the sum of the amounts obtained when,	447
for each school district where the community school's students are	448
entitled to attend school, the district's per pupil amount of	449
state parity aid funding calculated under either division (C) or	450
(D) of section 3317.0217 of the Revised Code is multiplied by the	451
sum of the number of that district's students enrolled in grades	452
one through twelve, and one-half of the number of that district's	453
students enrolled in kindergarten, in the community school as	454
reported under division (B)(2)(a) and (b) of this section.	455

(E)(1) If a community school's costs for a fiscal year for a	456
student receiving special education and related services pursuant	457
to an IEP for a disability described in divisions (B) to (F) of	458
section 3317.013 of the Revised Code exceed the threshold	459
catastrophic cost for serving the student as specified in division	460
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	461
submit to the superintendent of public instruction documentation,	462
as prescribed by the superintendent, of all its costs for that	463
student. Upon submission of documentation for a student of the	464
type and in the manner prescribed, the department shall pay to the	465
community school an amount equal to the school's costs for the	466
student in excess of the threshold catastrophic costs.	467

(2) The community school shall only report under division	468
(E)(1) of this section, and the department shall only pay for, the	469
costs of educational expenses and the related services provided to	470
the student in accordance with the student's individualized	471
education program. Any legal fees, court costs, or other costs	472
associated with any cause of action relating to the student may	473
not be included in the amount.	474

(F) A community school may apply to the department of	475
education for preschool children with disabilities or gifted unit	476
funding the school would receive if it were a school district.	477
Upon request of its governing authority, a community school that	478
received unit funding as a school district-operated school before	479
it became a community school shall retain any units awarded to it	480
as a school district-operated school provided the school continues	481
to meet eligibility standards for the unit.	482

A community school shall be considered a school district and	483
its governing authority shall be considered a board of education	484
for the purpose of applying to any state or federal agency for	485
grants that a school district may receive under federal or state	486
law or any appropriations act of the general assembly. The	487
governing authority of a community school may apply to any private	488
entity for additional funds.	489

(G) A board of education sponsoring a community school may	490
utilize local funds to make enhancement grants to the school or	491
may agree, either as part of the contract or separately, to	492
provide any specific services to the community school at no cost	493
to the school.	494

(H) A community school may not levy taxes or issue bonds	495
secured by tax revenues.	496

(I) No community school shall charge tuition for the	497
enrollment of any student.	498

(J)(1)(a) A community school may borrow money to pay any	499
necessary and actual expenses of the school in anticipation of the	500
receipt of any portion of the payments to be received by the	501
school pursuant to division (D) of this section. The school may	502
issue notes to evidence such borrowing. The proceeds of the notes	503
shall be used only for the purposes for which the anticipated	504
receipts may be lawfully expended by the school.	505

(b) A school may also borrow money for a term not to exceed	506
fifteen years for the purpose of acquiring facilities.	507

(2) Except for any amount guaranteed under section 3318.50 of	508
the Revised Code, the state is not liable for debt incurred by the	509
governing authority of a community school.	510

(K) For purposes of determining the number of students for	511
which divisions (D)(5) and (6) of this section applies in any	512
school year, a community school may submit to the department of	513
job and family services, no later than the first day of March, a	514
list of the students enrolled in the school. For each student on	515
the list, the community school shall indicate the student's name,	516
address, and date of birth and the school district where the	517
student is entitled to attend school. Upon receipt of a list under	518
this division, the department of job and family services shall	519
determine, for each school district where one or more students on	520
the list is entitled to attend school, the number of students	521
residing in that school district who were included in the	522
department's report under section 3317.10 of the Revised Code. The	523
department shall make this determination on the basis of	524
information readily available to it. Upon making this	525
determination and no later than ninety days after submission of	526
the list by the community school, the department shall report to	527
the state department of education the number of students on the	528
list who reside in each school district who were included in the	529
department's report under section 3317.10 of the Revised Code. In	530
complying with this division, the department of job and family	531
services shall not report to the state department of education any	532
personally identifiable information on any student.	533

(L) The department of education shall adjust the amounts	534
subtracted and paid under divisions (C) and (D) of this section to	535
reflect any enrollment of students in community schools for less	536
than the equivalent of a full school year. The state board of	537
education within ninety days after April 8, 2003, shall adopt in	538
accordance with Chapter 119. of the Revised Code rules governing	539
the payments to community schools under this section and section	540
3314.13 of the Revised Code including initial payments in a school	541
year and adjustments and reductions made in subsequent periodic	542
payments to community schools and corresponding deductions from	543
school district accounts as provided under divisions (C) and (D)	544
of this section and section 3314.13 of the Revised Code. For	545
purposes of this section and section 3314.13 of the Revised Code:	546

(1) A student shall be considered enrolled in the community	547
school for any portion of the school year the student is	548
participating at a college under Chapter 3365. of the Revised	549
Code.	550

(2) A student shall be considered to be enrolled in a	551
community school during a school year for the period of time	552
beginning on the later of the date on which the school both has	553
received documentation of the student's enrollment from a parent	554
and the student has commenced participation in learning	555
opportunities as defined in the contract with the sponsor, or	556
thirty days prior to the date on which the student is entered into	557
the education management information system established under	558
section 3301.0714 of the Revised Code. For purposes of applying	559
this division and divisiondivisions (L)(3) and (4) of this	560
section to a community school student, "learning opportunities"	561
shall be defined in the contract, which shall describe both	562
classroom-based and non-classroom-based learning opportunities and	563
shall be in compliance with criteria and documentation	564
requirements for student participation which shall be established	565
by the department. Any student's instruction time in	566
non-classroom-based learning opportunities shall be certified by	567
an employee of the community school. A student's enrollment shall	568
be considered to cease on the date on which any of the following	569
occur:	570

(a) The community school receives documentation from a parent	571
terminating enrollment of the student.	572

(b) The community school is provided documentation of a	573
student's enrollment in another public or private school.	574

(c) The community school ceases to offer learning	575
opportunities to the student pursuant to the terms of the contract	576
with the sponsor or the operation of any provision of this	577
chapter.	578

(3) The department shall determine each community school	579
student's percentage of full-time equivalency based on the	580
percentage of learning opportunities offered by the community	581
school to that student, reported either as number of hours or	582
number of days, is of the total learning opportunities offered by	583
the community school to a student who attends for the school's	584
entire school year. However, no internet- or computer-based	585
community school shall be credited for any time a student spends	586
participating in learning opportunities beyond ten hours within	587
any period of twenty-four consecutive hours. Whether it reports	588
hours or days of learning opportunities, each community school	589
shall offer not less than nine hundred twenty hours of learning	590
opportunities during the school year.	591

(4) With respect to the calculation of full-time equivalency	592
under division (L)(3) of this section, the department shall waive	593
the number of hours or days of learning opportunities not offered	594
to a student because the community school was closed during the	595
school year due to disease epidemic, hazardous weather conditions,	596
inoperability of school buses or other equipment necessary to the	597
school's operation, damage to a school building, or other	598
temporary circumstances due to utility failure rendering the	599
school building unfit for school use, so long as the school was	600
actually open for instruction with students in attendance during	601
that school year for not less than the minimum number of hours	602
required by this chapter. The department shall treat the school as	603
if it were open for instruction with students in attendance during	604
the hours or days waived under this division.	605

(M) The department of education shall reduce the amounts paid	606
under division (D) of this section to reflect payments made to	607
colleges under division (B) of section 3365.07 of the Revised Code	608
or through alternative funding agreements entered into under rules	609
adopted under section 3365.12 of the Revised Code.	610

(N)(1) No student shall be considered enrolled in any	611
internet- or computer-based community school or, if applicable to	612
the student, in any community school that is required to provide	613
the student with a computer pursuant to division (C) of section	614
3314.22 of the Revised Code, unless both of the following	615
conditions are satisfied:	616

(a) The student possesses or has been provided with all	617
required hardware and software materials and all such materials	618
are operational so that the student is capable of fully	619
participating in the learning opportunities specified in the	620
contract between the school and the school's sponsor as required	621
by division (A)(23) of section 3314.03 of the Revised Code;	622

(b) The school is in compliance with division (A) of section	623
3314.22 of the Revised Code, relative to such student.	624

(2) In accordance with policies adopted jointly by the	625
superintendent of public instruction and the auditor of state, the	626
department shall reduce the amounts otherwise payable under	627
division (D) of this section to any community school that includes	628
in its program the provision of computer hardware and software	629
materials to any student, if such hardware and software materials	630
have not been delivered, installed, and activated for each such	631
student in a timely manner or other educational materials or	632
services have not been provided according to the contract between	633
the individual community school and its sponsor.	634

The superintendent of public instruction and the auditor of	635
state shall jointly establish a method for auditing any community	636
school to which this division pertains to ensure compliance with	637
this section.	638

The superintendent, auditor of state, and the governor shall	639
jointly make recommendations to the general assembly for	640
legislative changes that may be required to assure fiscal and	641
academic accountability for such schools.	642

(O)(1) If the department determines that a review of a	643
community school's enrollment is necessary, such review shall be	644
completed and written notice of the findings shall be provided to	645
the governing authority of the community school and its sponsor	646
within ninety days of the end of the community school's fiscal	647
year, unless extended for a period not to exceed thirty additional	648
days for one of the following reasons:	649

(a) The department and the community school mutually agree to	650
the extension.	651

(b) Delays in data submission caused by either a community	652
school or its sponsor.	653

(2) If the review results in a finding that additional	654
funding is owed to the school, such payment shall be made within	655
thirty days of the written notice. If the review results in a	656
finding that the community school owes moneys to the state, the	657
following procedure shall apply:	658

(a) Within ten business days of the receipt of the notice of	659
findings, the community school may appeal the department's	660
determination to the state board of education or its designee.	661

(b) The board or its designee shall conduct an informal	662
hearing on the matter within thirty days of receipt of such an	663
appeal and shall issue a decision within fifteen days of the	664
conclusion of the hearing.	665

(c) If the board has enlisted a designee to conduct the	666
hearing, the designee shall certify its decision to the board. The	667
board may accept the decision of the designee or may reject the	668
decision of the designee and issue its own decision on the matter.	669

(d) Any decision made by the board under this division is	670
final.	671

(3) If it is decided that the community school owes moneys to	672
the state, the department shall deduct such amount from the	673
school's future payments in accordance with guidelines issued by	674
the superintendent of public instruction.	675

(P) The department shall not subtract from a school	676
district's state aid account under division (C) of this section	677
and shall not pay to a community school under division (D) of this	678
section any amount for any of the following:	679

(1) Any student who has graduated from the twelfth grade of a	680
public or nonpublic high school;	681

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

682

(3) Any student who was enrolled in the community school	683
during the previous school year when assessments were administered	684
under section 3301.0711 of the Revised Code but did not take one	685
or more of the assessments required by that section and was not	686
excused pursuant to division (C)(1) or (3) of that section, unless	687
the superintendent of public instruction grants the student a	688
waiver from the requirement to take the assessment and a parent is	689
not paying tuition for the student pursuant to section 3314.26 of	690
the Revised Code. The superintendent may grant a waiver only for	691
good cause in accordance with rules adopted by the state board of	692
education.	693

(4) Any student who has attained the age of twenty-two years,	694
except for veterans of the armed services whose attendance was	695
interrupted before completing the recognized twelve-year course of	696
the public schools by reason of induction or enlistment in the	697
armed forces and who apply for enrollment in a community school	698
not later than four years after termination of war or their	699
honorable discharge. If, however, any such veteran elects to	700
enroll in special courses organized for veterans for whom tuition	701
is paid under federal law, or otherwise, the department shall not	702
subtract from a school district's state aid account under division	703
(C) of this section and shall not pay to a community school under	704
division (D) of this section any amount for that veteran.	705

Sec. 3317.01.  As used in this section and section 3317.011	706
of the Revised Code, "school district," unless otherwise	707
specified, means any city, local, exempted village, joint	708
vocational, or cooperative education school district and any	709
educational service center.	710

This chapter shall be administered by the state board of	711
education. The superintendent of public instruction shall	712
calculate the amounts payable to each school district and shall	713
certify the amounts payable to each eligible district to the	714
treasurer of the district as provided by this chapter. As soon as	715
possible after such amounts are calculated, the superintendent	716
shall certify to the treasurer of each school district the	717
district's adjusted charge-off increase, as defined in section	718
5705.211 of the Revised Code. No moneys shall be distributed	719
pursuant to this chapter without the approval of the controlling	720
board.	721

The state board of education shall, in accordance with	722
appropriations made by the general assembly, meet the financial	723
obligations of this chapter.	724

Moneys distributed pursuant to this chapter shall be	725
calculated and paid on a fiscal year basis, beginning with the	726
first day of July and extending through the thirtieth day of June.	727
The moneys appropriated for each fiscal year shall be distributed	728
periodically to each school district unless otherwise provided	729
for. The state board shall submit a yearly distribution plan to	730
the controlling board at its first meeting in July. The state	731
board shall submit any proposed midyear revision of the plan to	732
the controlling board in January. Any year-end revision of the	733
plan shall be submitted to the controlling board in June. If	734
moneys appropriated for each fiscal year are distributed other	735
than monthly, such distribution shall be on the same basis for	736
each school district.	737

Except as otherwise provided, payments under this chapter	738
shall be made only to those school districts in which:	739

(A) The school district, except for any educational service	740
center and any joint vocational or cooperative education school	741
district, levies for current operating expenses at least twenty	742
mills. Levies for joint vocational or cooperative education school	743
districts or county school financing districts, limited to or to	744
the extent apportioned to current expenses, shall be included in	745
this qualification requirement. School district income tax levies	746
under Chapter 5748. of the Revised Code, limited to or to the	747
extent apportioned to current operating expenses, shall be	748
included in this qualification requirement to the extent	749
determined by the tax commissioner under division (D) of section	750
3317.021 of the Revised Code.	751

(B) The school year next preceding the fiscal year for which	752
such payments are authorized meets the requirement of section	753
3313.48 or 3313.481 of the Revised Code, with regard to the	754
minimum number of days or hours school must be open for	755
instruction with pupils in attendance, for individualized	756
parent-teacher conference and reporting periods, and for	757
professional meetings of teachers. This requirement shall be	758
waived by the superintendent of public instruction if it had been	759
necessary for a school to be closed because of disease epidemic,	760
hazardous weather conditions, inoperability of school buses or	761
other equipment necessary to the school's operation, damage to a	762
school building, or other temporary circumstances due to utility	763
failure rendering the school building unfit for school use,	764
provided that for those school districts operating pursuant to	765
section 3313.48 of the Revised Code the number of days the school	766
was actually open for instruction with pupils in attendance and	767
for individualized parent-teacher conference and reporting periods	768
is not less than one hundred seventy-five, or for those school	769
districts operating on a trimester plan the number of days the	770
school was actually open for instruction with pupils in attendance	771
not less than seventy-nine days in any trimester, for those school	772
districts operating on a quarterly plan the number of days the	773
school was actually open for instruction with pupils in attendance	774
not less than fifty-nine days in any quarter, or for those school	775
districts operating on a pentamester plan the number of days the	776
school was actually open for instruction with pupils in attendance	777
not less than forty-four days in any pentamester. However, for	778
fiscal year 2012, the superintendent shall waive two fewer such	779
days for the 2010-2011 school year.	780

A school district shall not be considered to have failed to	781
comply with this division or section 3313.481 of the Revised Code	782
because schools were open for instruction but either twelfth grade	783
students were excused from attendance for up to three days or only	784
a portion of the kindergarten students were in attendance for up	785
to three days in order to allow for the gradual orientation to	786
school of such students.	787

The superintendent of public instruction shall waive the	788
requirements of this section with reference to the minimum number	789
of days or hours school must be in session with pupils in	790
attendance for the school year succeeding the school year in which	791
a board of education initiates a plan of operation pursuant to	792
section 3313.481 of the Revised Code. The minimum requirements of	793
this section shall again be applicable to such a district	794
beginning with the school year commencing the second July	795
succeeding the initiation of one such plan, and for each school	796
year thereafter.	797

A school district shall not be considered to have failed to	798
comply with this division or section 3313.48 or 3313.481 of the	799
Revised Code because schools were open for instruction but the	800
length of the regularly scheduled school day, for any number of	801
days during the school year, was reduced by not more than two	802
hours due to hazardous weather conditions.	803

(C) The school district has on file, and is paying in	804
accordance with, a teachers' salary schedule which complies with	805
section 3317.13 of the Revised Code.	806

A board of education or governing board of an educational	807
service center which has not conformed with other law and the	808
rules pursuant thereto, shall not participate in the distribution	809
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	810
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	811
and sufficient reason established to the satisfaction of the state	812
board of education and the state controlling board.	813

All funds allocated to school districts under this chapter,	814
except those specifically allocated for other purposes, shall be	815
used to pay current operating expenses only.	816

Section 2. That existing sections 3313.482, 3314.08, and	817
3317.01 of the Revised Code are hereby repealed.	818

Section 3. This act is hereby declared to be an emergency	819
measure necessary for the immediate preservation of the public	820
peace, health, and safety. The reason for such necessity is to	821
provide schools with adequate time to address unavoidable school	822
closures due to public calamities, such as hazardous weather	823
conditions, during the current school year. Therefore, this act	824
shall go into immediate effect.	825