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To amend sections 109.57, 109.572, 3301.0714, | 1 |
3310.01, 3310.04, 3310.06, 3310.07, 3310.11, | 2 |
3310.12, 3310.14, 3310.15, 3310.17, 3317.03, | 3 |
4776.01, and 5727.84; to enact new sections | 4 |
3310.02, 3310.03, 3310.05, 3310.08, 3310.09, | 5 |
3310.10, and 3310.13 and sections 3310.16, | 6 |
3310.18, 3310.51, 3310.52, 3310.521, 3310.53, | 7 |
3310.54, 3310.55, 3310.56, 3310.57, 3310.58, | 8 |
3310.59, 3310.60, 3310.61, 3310.62, 3310.63, | 9 |
3310.64, and 3323.052; and to repeal sections | 10 |
3310.02, 3310.03, 3310.05, 3310.08, 3310.09, | 11 |
3310.10, 3310.13, 3313.974, 3313.975, 3313.976, | 12 |
3313.977, 3313.978, 3313.979, and 3314.111 of the | 13 |
Revised Code to replace the Educational Choice and | 14 |
the Cleveland scholarship programs with the | 15 |
Parental Choice and Taxpayer Savings Scholarship | 16 |
Program and to establish the Special Education | 17 |
Scholarship Program. | 18 |
Section 1. That sections 109.57, 109.572, 3301.0714, | 19 |
3310.01, 3310.04, 3310.06, 3310.07, 3310.11, 3310.12, 3310.14, | 20 |
3310.15, 3310.17, 3317.03, 4776.01, and 5727.84 be amended and | 21 |
sections 3310.16, 3310.18, 3310.51, 3310.52, 3310.521, 3310.53, | 22 |
3310.54, 3310.55, 3310.56, 3310.57, 3310.58, 3310.59, 3310.60, | 23 |
3310.61, 3310.62, 3310.63, 3310.64, and 3323.052 and new sections | 24 |
3310.02, 3310.03, 3310.05, 3310.08, 3310.09, 3310.10, and 3310.13 | 25 |
be enacted to read as follows: | 26 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 27 |
criminal identification and investigation shall procure from | 28 |
wherever procurable and file for record photographs, pictures, | 29 |
descriptions, fingerprints, measurements, and other information | 30 |
that may be pertinent of all persons who have been convicted of | 31 |
committing within this state a felony, any crime constituting a | 32 |
misdemeanor on the first offense and a felony on subsequent | 33 |
offenses, or any misdemeanor described in division (A)(1)(a), | 34 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 35 |
of all children under eighteen years of age who have been | 36 |
adjudicated delinquent children for committing within this state | 37 |
an act that would be a felony or an offense of violence if | 38 |
committed by an adult or who have been convicted of or pleaded | 39 |
guilty to committing within this state a felony or an offense of | 40 |
violence, and of all well-known and habitual criminals. The person | 41 |
in charge of any county, multicounty, municipal, municipal-county, | 42 |
or multicounty-municipal jail or workhouse, community-based | 43 |
correctional facility, halfway house, alternative residential | 44 |
facility, or state correctional institution and the person in | 45 |
charge of any state institution having custody of a person | 46 |
suspected of having committed a felony, any crime constituting a | 47 |
misdemeanor on the first offense and a felony on subsequent | 48 |
offenses, or any misdemeanor described in division (A)(1)(a), | 49 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or | 50 |
having custody of a child under eighteen years of age with respect | 51 |
to whom there is probable cause to believe that the child may have | 52 |
committed an act that would be a felony or an offense of violence | 53 |
if committed by an adult shall furnish such material to the | 54 |
superintendent of the bureau. Fingerprints, photographs, or other | 55 |
descriptive information of a child who is under eighteen years of | 56 |
age, has not been arrested or otherwise taken into custody for | 57 |
committing an act that would be a felony or an offense of violence | 58 |
who is not in any other category of child specified in this | 59 |
division, if committed by an adult, has not been adjudicated a | 60 |
delinquent child for committing an act that would be a felony or | 61 |
an offense of violence if committed by an adult, has not been | 62 |
convicted of or pleaded guilty to committing a felony or an | 63 |
offense of violence, and is not a child with respect to whom there | 64 |
is probable cause to believe that the child may have committed an | 65 |
act that would be a felony or an offense of violence if committed | 66 |
by an adult shall not be procured by the superintendent or | 67 |
furnished by any person in charge of any county, multicounty, | 68 |
municipal, municipal-county, or multicounty-municipal jail or | 69 |
workhouse, community-based correctional facility, halfway house, | 70 |
alternative residential facility, or state correctional | 71 |
institution, except as authorized in section 2151.313 of the | 72 |
Revised Code. | 73 |
(2) Every clerk of a court of record in this state, other | 74 |
than the supreme court or a court of appeals, shall send to the | 75 |
superintendent of the bureau a weekly report containing a summary | 76 |
of each case involving a felony, involving any crime constituting | 77 |
a misdemeanor on the first offense and a felony on subsequent | 78 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 79 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 80 |
or involving an adjudication in a case in which a child under | 81 |
eighteen years of age was alleged to be a delinquent child for | 82 |
committing an act that would be a felony or an offense of violence | 83 |
if committed by an adult. The clerk of the court of common pleas | 84 |
shall include in the report and summary the clerk sends under this | 85 |
division all information described in divisions (A)(2)(a) to (f) | 86 |
of this section regarding a case before the court of appeals that | 87 |
is served by that clerk. The summary shall be written on the | 88 |
standard forms furnished by the superintendent pursuant to | 89 |
division (B) of this section and shall include the following | 90 |
information: | 91 |
(a) The incident tracking number contained on the standard | 92 |
forms furnished by the superintendent pursuant to division (B) of | 93 |
this section; | 94 |
(b) The style and number of the case; | 95 |
(c) The date of arrest, offense, summons, or arraignment; | 96 |
(d) The date that the person was convicted of or pleaded | 97 |
guilty to the offense, adjudicated a delinquent child for | 98 |
committing the act that would be a felony or an offense of | 99 |
violence if committed by an adult, found not guilty of the | 100 |
offense, or found not to be a delinquent child for committing an | 101 |
act that would be a felony or an offense of violence if committed | 102 |
by an adult, the date of an entry dismissing the charge, an entry | 103 |
declaring a mistrial of the offense in which the person is | 104 |
discharged, an entry finding that the person or child is not | 105 |
competent to stand trial, or an entry of a nolle prosequi, or the | 106 |
date of any other determination that constitutes final resolution | 107 |
of the case; | 108 |
(e) A statement of the original charge with the section of | 109 |
the Revised Code that was alleged to be violated; | 110 |
(f) If the person or child was convicted, pleaded guilty, or | 111 |
was adjudicated a delinquent child, the sentence or terms of | 112 |
probation imposed or any other disposition of the offender or the | 113 |
delinquent child. | 114 |
If the offense involved the disarming of a law enforcement | 115 |
officer or an attempt to disarm a law enforcement officer, the | 116 |
clerk shall clearly state that fact in the summary, and the | 117 |
superintendent shall ensure that a clear statement of that fact is | 118 |
placed in the bureau's records. | 119 |
(3) The superintendent shall cooperate with and assist | 120 |
sheriffs, chiefs of police, and other law enforcement officers in | 121 |
the establishment of a complete system of criminal identification | 122 |
and in obtaining fingerprints and other means of identification of | 123 |
all persons arrested on a charge of a felony, any crime | 124 |
constituting a misdemeanor on the first offense and a felony on | 125 |
subsequent offenses, or a misdemeanor described in division | 126 |
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 127 |
Revised Code and of all children under eighteen years of age | 128 |
arrested or otherwise taken into custody for committing an act | 129 |
that would be a felony or an offense of violence if committed by | 130 |
an adult. The superintendent also shall file for record the | 131 |
fingerprint impressions of all persons confined in a county, | 132 |
multicounty, municipal, municipal-county, or multicounty-municipal | 133 |
jail or workhouse, community-based correctional facility, halfway | 134 |
house, alternative residential facility, or state correctional | 135 |
institution for the violation of state laws and of all children | 136 |
under eighteen years of age who are confined in a county, | 137 |
multicounty, municipal, municipal-county, or multicounty-municipal | 138 |
jail or workhouse, community-based correctional facility, halfway | 139 |
house, alternative residential facility, or state correctional | 140 |
institution or in any facility for delinquent children for | 141 |
committing an act that would be a felony or an offense of violence | 142 |
if committed by an adult, and any other information that the | 143 |
superintendent may receive from law enforcement officials of the | 144 |
state and its political subdivisions. | 145 |
(4) The superintendent shall carry out Chapter 2950. of the | 146 |
Revised Code with respect to the registration of persons who are | 147 |
convicted of or plead guilty to a sexually oriented offense or a | 148 |
child-victim oriented offense and with respect to all other duties | 149 |
imposed on the bureau under that chapter. | 150 |
(5) The bureau shall perform centralized recordkeeping | 151 |
functions for criminal history records and services in this state | 152 |
for purposes of the national crime prevention and privacy compact | 153 |
set forth in section 109.571 of the Revised Code and is the | 154 |
criminal history record repository as defined in that section for | 155 |
purposes of that compact. The superintendent or the | 156 |
superintendent's designee is the compact officer for purposes of | 157 |
that compact and shall carry out the responsibilities of the | 158 |
compact officer specified in that compact. | 159 |
(B) The superintendent shall prepare and furnish to every | 160 |
county, multicounty, municipal, municipal-county, or | 161 |
multicounty-municipal jail or workhouse, community-based | 162 |
correctional facility, halfway house, alternative residential | 163 |
facility, or state correctional institution and to every clerk of | 164 |
a court in this state specified in division (A)(2) of this section | 165 |
standard forms for reporting the information required under | 166 |
division (A) of this section. The standard forms that the | 167 |
superintendent prepares pursuant to this division may be in a | 168 |
tangible format, in an electronic format, or in both tangible | 169 |
formats and electronic formats. | 170 |
(C)(1) The superintendent may operate a center for | 171 |
electronic, automated, or other data processing for the storage | 172 |
and retrieval of information, data, and statistics pertaining to | 173 |
criminals and to children under eighteen years of age who are | 174 |
adjudicated delinquent children for committing an act that would | 175 |
be a felony or an offense of violence if committed by an adult, | 176 |
criminal activity, crime prevention, law enforcement, and criminal | 177 |
justice, and may establish and operate a statewide communications | 178 |
network to be known as the Ohio law enforcement gateway to gather | 179 |
and disseminate information, data, and statistics for the use of | 180 |
law enforcement agencies and for other uses specified in this | 181 |
division. The superintendent may gather, store, retrieve, and | 182 |
disseminate information, data, and statistics that pertain to | 183 |
children who are under eighteen years of age and that are gathered | 184 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 185 |
with information, data, and statistics that pertain to adults and | 186 |
that are gathered pursuant to those sections. | 187 |
(2) The superintendent or the superintendent's designee shall | 188 |
gather information of the nature described in division (C)(1) of | 189 |
this section that pertains to the offense and delinquency history | 190 |
of a person who has been convicted of, pleaded guilty to, or been | 191 |
adjudicated a delinquent child for committing a sexually oriented | 192 |
offense or a child-victim oriented offense for inclusion in the | 193 |
state registry of sex offenders and child-victim offenders | 194 |
maintained pursuant to division (A)(1) of section 2950.13 of the | 195 |
Revised Code and in the internet database operated pursuant to | 196 |
division (A)(13) of that section and for possible inclusion in the | 197 |
internet database operated pursuant to division (A)(11) of that | 198 |
section. | 199 |
(3) In addition to any other authorized use of information, | 200 |
data, and statistics of the nature described in division (C)(1) of | 201 |
this section, the superintendent or the superintendent's designee | 202 |
may provide and exchange the information, data, and statistics | 203 |
pursuant to the national crime prevention and privacy compact as | 204 |
described in division (A)(5) of this section. | 205 |
(4) The attorney general may adopt rules under Chapter 119. | 206 |
of the Revised Code establishing guidelines for the operation of | 207 |
and participation in the Ohio law enforcement gateway. The rules | 208 |
may include criteria for granting and restricting access to | 209 |
information gathered and disseminated through the Ohio law | 210 |
enforcement gateway. The attorney general may appoint a steering | 211 |
committee to advise the attorney general in the operation of the | 212 |
Ohio law enforcement gateway that is comprised of persons who are | 213 |
representatives of the criminal justice agencies in this state | 214 |
that use the Ohio law enforcement gateway and is chaired by the | 215 |
superintendent or the superintendent's designee. | 216 |
(D)(1) The following are not public records under section | 217 |
149.43 of the Revised Code: | 218 |
(a) Information and materials furnished to the superintendent | 219 |
pursuant to division (A) of this section; | 220 |
(b) Information, data, and statistics gathered or | 221 |
disseminated through the Ohio law enforcement gateway pursuant to | 222 |
division (C)(1) of this section; | 223 |
(c) Information and materials furnished to any board or | 224 |
person under division (F) or (G) of this section. | 225 |
(2) The superintendent or the superintendent's designee shall | 226 |
gather and retain information so furnished under division (A) of | 227 |
this section that pertains to the offense and delinquency history | 228 |
of a person who has been convicted of, pleaded guilty to, or been | 229 |
adjudicated a delinquent child for committing a sexually oriented | 230 |
offense or a child-victim oriented offense for the purposes | 231 |
described in division (C)(2) of this section. | 232 |
(E) The attorney general shall adopt rules, in accordance | 233 |
with Chapter 119. of the Revised Code, setting forth the procedure | 234 |
by which a person may receive or release information gathered by | 235 |
the superintendent pursuant to division (A) of this section. A | 236 |
reasonable fee may be charged for this service. If a temporary | 237 |
employment service submits a request for a determination of | 238 |
whether a person the service plans to refer to an employment | 239 |
position has been convicted of or pleaded guilty to an offense | 240 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 241 |
109.572 of the Revised Code, the request shall be treated as a | 242 |
single request and only one fee shall be charged. | 243 |
(F)(1) As used in division (F)(2) of this section, "head | 244 |
start agency" means an entity in this state that has been approved | 245 |
to be an agency for purposes of subchapter II of the "Community | 246 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 247 |
as amended. | 248 |
(2)(a) In addition to or in conjunction with any request that | 249 |
is required to be made under section 109.572, 2151.86, 3301.32, or | 250 |
3301.541, division (C) of section 3310.58, or section 3319.39, | 251 |
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, | 252 |
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made | 253 |
under section 3314.41, 3319.392, or 3326.25 of the Revised Code, | 254 |
the board of education of any school district; the director of | 255 |
developmental disabilities; any county board of developmental | 256 |
disabilities; any entity under contract with a county board of | 257 |
developmental disabilities; the chief administrator of any | 258 |
chartered or approved nonpublic school; the chief administrator of | 259 |
a registered private provider that is not also a chartered | 260 |
nonpublic school; the chief administrator of any home health | 261 |
agency; the chief administrator of or person operating any child | 262 |
day-care center, type A family day-care home, or type B family | 263 |
day-care home licensed or certified under Chapter 5104. of the | 264 |
Revised Code; the administrator of any type C family day-care home | 265 |
certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 266 |
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 267 |
general assembly; the chief administrator of any head start | 268 |
agency; the executive director of a public children services | 269 |
agency; a private company described in section 3314.41, 3319.392, | 270 |
or 3326.25 of the Revised Code; or an employer described in | 271 |
division (J)(2) of section 3327.10 of the Revised Code may request | 272 |
that the superintendent of the bureau investigate and determine, | 273 |
with respect to any individual who has applied for employment in | 274 |
any position after October 2, 1989, or any individual wishing to | 275 |
apply for employment with a board of education may request, with | 276 |
regard to the individual, whether the bureau has any information | 277 |
gathered under division (A) of this section that pertains to that | 278 |
individual. On receipt of the request, the superintendent shall | 279 |
determine whether that information exists and, upon request of the | 280 |
person, board, or entity requesting information, also shall | 281 |
request from the federal bureau of investigation any criminal | 282 |
records it has pertaining to that individual. The superintendent | 283 |
or the superintendent's designee also may request criminal history | 284 |
records from other states or the federal government pursuant to | 285 |
the national crime prevention and privacy compact set forth in | 286 |
section 109.571 of the Revised Code. Within thirty days of the | 287 |
date that the superintendent receives a request, the | 288 |
superintendent shall send to the board, entity, or person a report | 289 |
of any information that the superintendent determines exists, | 290 |
including information contained in records that have been sealed | 291 |
under section 2953.32 of the Revised Code, and, within thirty days | 292 |
of its receipt, shall send the board, entity, or person a report | 293 |
of any information received from the federal bureau of | 294 |
investigation, other than information the dissemination of which | 295 |
is prohibited by federal law. | 296 |
(b) When a board of education or a registered private | 297 |
provider is required to receive information under this section as | 298 |
a prerequisite to employment of an individual pursuant to division | 299 |
(C) of section 3310.58 or section 3319.39 of the Revised Code, it | 300 |
may accept a certified copy of records that were issued by the | 301 |
bureau of criminal identification and investigation and that are | 302 |
presented by an individual applying for employment with the | 303 |
district in lieu of requesting that information itself. In such a | 304 |
case, the board or provider shall accept the certified copy issued | 305 |
by the bureau in order to make a photocopy of it for that | 306 |
individual's employment application documents and shall return the | 307 |
certified copy to the individual. In a case of that nature, a | 308 |
district or provider only shall accept a certified copy of records | 309 |
of that nature within one year after the date of their issuance by | 310 |
the bureau. | 311 |
(c) Notwithstanding division (F)(2)(a) of this section, in | 312 |
the case of a request under section 3319.39, 3319.391, or 3327.10 | 313 |
of the Revised Code only for criminal records maintained by the | 314 |
federal bureau of investigation, the superintendent shall not | 315 |
determine whether any information gathered under division (A) of | 316 |
this section exists on the person for whom the request is made. | 317 |
(3) The state board of education may request, with respect to | 318 |
any individual who has applied for employment after October 2, | 319 |
1989, in any position with the state board or the department of | 320 |
education, any information that a school district board of | 321 |
education is authorized to request under division (F)(2) of this | 322 |
section, and the superintendent of the bureau shall proceed as if | 323 |
the request has been received from a school district board of | 324 |
education under division (F)(2) of this section. | 325 |
(4) When the superintendent of the bureau receives a request | 326 |
for information under section 3319.291 of the Revised Code, the | 327 |
superintendent shall proceed as if the request has been received | 328 |
from a school district board of education and shall comply with | 329 |
divisions (F)(2)(a) and (c) of this section. | 330 |
(5) When a recipient of a classroom reading improvement grant | 331 |
paid under section 3301.86 of the Revised Code requests, with | 332 |
respect to any individual who applies to participate in providing | 333 |
any program or service funded in whole or in part by the grant, | 334 |
the information that a school district board of education is | 335 |
authorized to request under division (F)(2)(a) of this section, | 336 |
the superintendent of the bureau shall proceed as if the request | 337 |
has been received from a school district board of education under | 338 |
division (F)(2)(a) of this section. | 339 |
(G) In addition to or in conjunction with any request that is | 340 |
required to be made under section 3701.881, 3712.09, 3721.121, or | 341 |
3722.151 of the Revised Code with respect to an individual who has | 342 |
applied for employment in a position that involves providing | 343 |
direct care to an older adult, the chief administrator of a home | 344 |
health agency, hospice care program, home licensed under Chapter | 345 |
3721. of the Revised Code, adult day-care program operated | 346 |
pursuant to rules adopted under section 3721.04 of the Revised | 347 |
Code, or adult care facility may request that the superintendent | 348 |
of the bureau investigate and determine, with respect to any | 349 |
individual who has applied after January 27, 1997, for employment | 350 |
in a position that does not involve providing direct care to an | 351 |
older adult, whether the bureau has any information gathered under | 352 |
division (A) of this section that pertains to that individual. | 353 |
In addition to or in conjunction with any request that is | 354 |
required to be made under section 173.27 of the Revised Code with | 355 |
respect to an individual who has applied for employment in a | 356 |
position that involves providing ombudsperson services to | 357 |
residents of long-term care facilities or recipients of | 358 |
community-based long-term care services, the state long-term care | 359 |
ombudsperson, ombudsperson's designee, or director of health may | 360 |
request that the superintendent investigate and determine, with | 361 |
respect to any individual who has applied for employment in a | 362 |
position that does not involve providing such ombudsperson | 363 |
services, whether the bureau has any information gathered under | 364 |
division (A) of this section that pertains to that applicant. | 365 |
In addition to or in conjunction with any request that is | 366 |
required to be made under section 173.394 of the Revised Code with | 367 |
respect to an individual who has applied for employment in a | 368 |
position that involves providing direct care to an individual, the | 369 |
chief administrator of a community-based long-term care agency may | 370 |
request that the superintendent investigate and determine, with | 371 |
respect to any individual who has applied for employment in a | 372 |
position that does not involve providing direct care, whether the | 373 |
bureau has any information gathered under division (A) of this | 374 |
section that pertains to that applicant. | 375 |
On receipt of a request under this division, the | 376 |
superintendent shall determine whether that information exists | 377 |
and, on request of the individual requesting information, shall | 378 |
also request from the federal bureau of investigation any criminal | 379 |
records it has pertaining to the applicant. The superintendent or | 380 |
the superintendent's designee also may request criminal history | 381 |
records from other states or the federal government pursuant to | 382 |
the national crime prevention and privacy compact set forth in | 383 |
section 109.571 of the Revised Code. Within thirty days of the | 384 |
date a request is received, the superintendent shall send to the | 385 |
requester a report of any information determined to exist, | 386 |
including information contained in records that have been sealed | 387 |
under section 2953.32 of the Revised Code, and, within thirty days | 388 |
of its receipt, shall send the requester a report of any | 389 |
information received from the federal bureau of investigation, | 390 |
other than information the dissemination of which is prohibited by | 391 |
federal law. | 392 |
(H) Information obtained by a government entity or person | 393 |
under this section is confidential and shall not be released or | 394 |
disseminated. | 395 |
(I) The superintendent may charge a reasonable fee for | 396 |
providing information or criminal records under division (F)(2) or | 397 |
(G) of this section. | 398 |
(J) As used in this section | 399 |
(1) "Sexually oriented offense" and "child-victim oriented | 400 |
offense" have the same meanings as in section 2950.01 of the | 401 |
Revised Code. | 402 |
(2) "Registered private provider" means a nonpublic school or | 403 |
entity registered with the superintendent of public instruction | 404 |
under section 3310.41 of the Revised Code to participate in the | 405 |
autism scholarship program or section 3310.58 of the Revised Code | 406 |
to participate in the special education scholarship program. | 407 |
(3) "Approved nonpublic school" has the same meaning as in | 408 |
section 3310.09 of the Revised Code. | 409 |
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 410 |
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, | 411 |
a completed form prescribed pursuant to division (C)(1) of this | 412 |
section, and a set of fingerprint impressions obtained in the | 413 |
manner described in division (C)(2) of this section, the | 414 |
superintendent of the bureau of criminal identification and | 415 |
investigation shall conduct a criminal records check in the manner | 416 |
described in division (B) of this section to determine whether any | 417 |
information exists that indicates that the person who is the | 418 |
subject of the request previously has been convicted of or pleaded | 419 |
guilty to any of the following: | 420 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 421 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 422 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 423 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 424 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 425 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 426 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 427 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 428 |
penetration in violation of former section 2907.12 of the Revised | 429 |
Code, a violation of section 2905.04 of the Revised Code as it | 430 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 431 |
the Revised Code that would have been a violation of section | 432 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 433 |
had the violation been committed prior to that date, or a | 434 |
violation of section 2925.11 of the Revised Code that is not a | 435 |
minor drug possession offense; | 436 |
(b) A violation of an existing or former law of this state, | 437 |
any other state, or the United States that is substantially | 438 |
equivalent to any of the offenses listed in division (A)(1)(a) of | 439 |
this section. | 440 |
(2) On receipt of a request pursuant to section 5123.081 of | 441 |
the Revised Code with respect to an applicant for employment in | 442 |
any position with the department of developmental disabilities, | 443 |
pursuant to section 5126.28 of the Revised Code with respect to an | 444 |
applicant for employment in any position with a county board of | 445 |
developmental disabilities, or pursuant to section 5126.281 of the | 446 |
Revised Code with respect to an applicant for employment in a | 447 |
direct services position with an entity contracting with a county | 448 |
board for employment, a completed form prescribed pursuant to | 449 |
division (C)(1) of this section, and a set of fingerprint | 450 |
impressions obtained in the manner described in division (C)(2) of | 451 |
this section, the superintendent of the bureau of criminal | 452 |
identification and investigation shall conduct a criminal records | 453 |
check. The superintendent shall conduct the criminal records check | 454 |
in the manner described in division (B) of this section to | 455 |
determine whether any information exists that indicates that the | 456 |
person who is the subject of the request has been convicted of or | 457 |
pleaded guilty to any of the following: | 458 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 459 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 460 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 461 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 462 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 463 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 464 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 465 |
2925.03, or 3716.11 of the Revised Code; | 466 |
(b) An existing or former municipal ordinance or law of this | 467 |
state, any other state, or the United States that is substantially | 468 |
equivalent to any of the offenses listed in division (A)(2)(a) of | 469 |
this section. | 470 |
(3) On receipt of a request pursuant to section 173.27, | 471 |
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 472 |
completed form prescribed pursuant to division (C)(1) of this | 473 |
section, and a set of fingerprint impressions obtained in the | 474 |
manner described in division (C)(2) of this section, the | 475 |
superintendent of the bureau of criminal identification and | 476 |
investigation shall conduct a criminal records check with respect | 477 |
to any person who has applied for employment in a position for | 478 |
which a criminal records check is required by those sections. The | 479 |
superintendent shall conduct the criminal records check in the | 480 |
manner described in division (B) of this section to determine | 481 |
whether any information exists that indicates that the person who | 482 |
is the subject of the request previously has been convicted of or | 483 |
pleaded guilty to any of the following: | 484 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 485 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 486 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 487 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 488 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 489 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 490 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 491 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 492 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 493 |
(b) An existing or former law of this state, any other state, | 494 |
or the United States that is substantially equivalent to any of | 495 |
the offenses listed in division (A)(3)(a) of this section. | 496 |
(4) On receipt of a request pursuant to section 3701.881 of | 497 |
the Revised Code with respect to an applicant for employment with | 498 |
a home health agency as a person responsible for the care, | 499 |
custody, or control of a child, a completed form prescribed | 500 |
pursuant to division (C)(1) of this section, and a set of | 501 |
fingerprint impressions obtained in the manner described in | 502 |
division (C)(2) of this section, the superintendent of the bureau | 503 |
of criminal identification and investigation shall conduct a | 504 |
criminal records check. The superintendent shall conduct the | 505 |
criminal records check in the manner described in division (B) of | 506 |
this section to determine whether any information exists that | 507 |
indicates that the person who is the subject of the request | 508 |
previously has been convicted of or pleaded guilty to any of the | 509 |
following: | 510 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 511 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 512 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 513 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 514 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 515 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 516 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 517 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 518 |
violation of section 2925.11 of the Revised Code that is not a | 519 |
minor drug possession offense; | 520 |
(b) An existing or former law of this state, any other state, | 521 |
or the United States that is substantially equivalent to any of | 522 |
the offenses listed in division (A)(4)(a) of this section. | 523 |
(5) On receipt of a request pursuant to section 5111.032, | 524 |
5111.033, or 5111.034 of the Revised Code, a completed form | 525 |
prescribed pursuant to division (C)(1) of this section, and a set | 526 |
of fingerprint impressions obtained in the manner described in | 527 |
division (C)(2) of this section, the superintendent of the bureau | 528 |
of criminal identification and investigation shall conduct a | 529 |
criminal records check. The superintendent shall conduct the | 530 |
criminal records check in the manner described in division (B) of | 531 |
this section to determine whether any information exists that | 532 |
indicates that the person who is the subject of the request | 533 |
previously has been convicted of, has pleaded guilty to, or has | 534 |
been found eligible for intervention in lieu of conviction for any | 535 |
of the following, regardless of the date of the conviction, the | 536 |
date of entry of the guilty plea, or the date the person was found | 537 |
eligible for intervention in lieu of conviction: | 538 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 539 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 540 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 541 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 542 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 543 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 544 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 545 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 546 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 547 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 548 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 549 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 550 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 551 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 552 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 553 |
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual | 554 |
penetration in violation of former section 2907.12 of the Revised | 555 |
Code, a violation of section 2905.04 of the Revised Code as it | 556 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 557 |
the Revised Code that would have been a violation of section | 558 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 559 |
had the violation been committed prior to that date; | 560 |
(b) A violation of an existing or former municipal ordinance | 561 |
or law of this state, any other state, or the United States that | 562 |
is substantially equivalent to any of the offenses listed in | 563 |
division (A)(5)(a) of this section. | 564 |
(6) On receipt of a request pursuant to section 3701.881 of | 565 |
the Revised Code with respect to an applicant for employment with | 566 |
a home health agency in a position that involves providing direct | 567 |
care to an older adult, a completed form prescribed pursuant to | 568 |
division (C)(1) of this section, and a set of fingerprint | 569 |
impressions obtained in the manner described in division (C)(2) of | 570 |
this section, the superintendent of the bureau of criminal | 571 |
identification and investigation shall conduct a criminal records | 572 |
check. The superintendent shall conduct the criminal records check | 573 |
in the manner described in division (B) of this section to | 574 |
determine whether any information exists that indicates that the | 575 |
person who is the subject of the request previously has been | 576 |
convicted of or pleaded guilty to any of the following: | 577 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 578 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 579 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 580 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 581 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 582 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 583 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 584 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 585 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 586 |
(b) An existing or former law of this state, any other state, | 587 |
or the United States that is substantially equivalent to any of | 588 |
the offenses listed in division (A)(6)(a) of this section. | 589 |
(7) When conducting a criminal records check upon a request | 590 |
pursuant to section 3319.39 of the Revised Code for an applicant | 591 |
who is a teacher, in addition to the determination made under | 592 |
division (A)(1) of this section, the superintendent shall | 593 |
determine whether any information exists that indicates that the | 594 |
person who is the subject of the request previously has been | 595 |
convicted of or pleaded guilty to any offense specified in section | 596 |
3319.31 of the Revised Code. | 597 |
(8) On receipt of a request pursuant to section 2151.86 of | 598 |
the Revised Code, a completed form prescribed pursuant to division | 599 |
(C)(1) of this section, and a set of fingerprint impressions | 600 |
obtained in the manner described in division (C)(2) of this | 601 |
section, the superintendent of the bureau of criminal | 602 |
identification and investigation shall conduct a criminal records | 603 |
check in the manner described in division (B) of this section to | 604 |
determine whether any information exists that indicates that the | 605 |
person who is the subject of the request previously has been | 606 |
convicted of or pleaded guilty to any of the following: | 607 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 608 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 609 |
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 610 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 611 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 612 |
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 613 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 614 |
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 615 |
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 616 |
of the Revised Code, a violation of section 2905.04 of the Revised | 617 |
Code as it existed prior to July 1, 1996, a violation of section | 618 |
2919.23 of the Revised Code that would have been a violation of | 619 |
section 2905.04 of the Revised Code as it existed prior to July 1, | 620 |
1996, had the violation been committed prior to that date, a | 621 |
violation of section 2925.11 of the Revised Code that is not a | 622 |
minor drug possession offense, two or more OVI or OVUAC violations | 623 |
committed within the three years immediately preceding the | 624 |
submission of the application or petition that is the basis of the | 625 |
request, or felonious sexual penetration in violation of former | 626 |
section 2907.12 of the Revised Code; | 627 |
(b) A violation of an existing or former law of this state, | 628 |
any other state, or the United States that is substantially | 629 |
equivalent to any of the offenses listed in division (A)(8)(a) of | 630 |
this section. | 631 |
(9) Upon receipt of a request pursuant to section 5104.012 or | 632 |
5104.013 of the Revised Code, a completed form prescribed pursuant | 633 |
to division (C)(1) of this section, and a set of fingerprint | 634 |
impressions obtained in the manner described in division (C)(2) of | 635 |
this section, the superintendent of the bureau of criminal | 636 |
identification and investigation shall conduct a criminal records | 637 |
check in the manner described in division (B) of this section to | 638 |
determine whether any information exists that indicates that the | 639 |
person who is the subject of the request has been convicted of or | 640 |
pleaded guilty to any of the following: | 641 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 642 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 643 |
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 644 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 645 |
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 646 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 647 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 648 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 649 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 650 |
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 651 |
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 652 |
3716.11 of the Revised Code, felonious sexual penetration in | 653 |
violation of former section 2907.12 of the Revised Code, a | 654 |
violation of section 2905.04 of the Revised Code as it existed | 655 |
prior to July 1, 1996, a violation of section 2919.23 of the | 656 |
Revised Code that would have been a violation of section 2905.04 | 657 |
of the Revised Code as it existed prior to July 1, 1996, had the | 658 |
violation been committed prior to that date, a violation of | 659 |
section 2925.11 of the Revised Code that is not a minor drug | 660 |
possession offense, a violation of section 2923.02 or 2923.03 of | 661 |
the Revised Code that relates to a crime specified in this | 662 |
division, or a second violation of section 4511.19 of the Revised | 663 |
Code within five years of the date of application for licensure or | 664 |
certification. | 665 |
(b) A violation of an existing or former law of this state, | 666 |
any other state, or the United States that is substantially | 667 |
equivalent to any of the offenses or violations described in | 668 |
division (A)(9)(a) of this section. | 669 |
(10) Upon receipt of a request pursuant to section 5153.111 | 670 |
of the Revised Code, a completed form prescribed pursuant to | 671 |
division (C)(1) of this section, and a set of fingerprint | 672 |
impressions obtained in the manner described in division (C)(2) of | 673 |
this section, the superintendent of the bureau of criminal | 674 |
identification and investigation shall conduct a criminal records | 675 |
check in the manner described in division (B) of this section to | 676 |
determine whether any information exists that indicates that the | 677 |
person who is the subject of the request previously has been | 678 |
convicted of or pleaded guilty to any of the following: | 679 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 680 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 681 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 682 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 683 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 684 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 685 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 686 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 687 |
felonious sexual penetration in violation of former section | 688 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 689 |
Revised Code as it existed prior to July 1, 1996, a violation of | 690 |
section 2919.23 of the Revised Code that would have been a | 691 |
violation of section 2905.04 of the Revised Code as it existed | 692 |
prior to July 1, 1996, had the violation been committed prior to | 693 |
that date, or a violation of section 2925.11 of the Revised Code | 694 |
that is not a minor drug possession offense; | 695 |
(b) A violation of an existing or former law of this state, | 696 |
any other state, or the United States that is substantially | 697 |
equivalent to any of the offenses listed in division (A)(10)(a) of | 698 |
this section. | 699 |
(11) On receipt of a request for a criminal records check | 700 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 701 |
Revised Code, accompanied by a completed copy of the form | 702 |
prescribed in division (C)(1) of this section and a set of | 703 |
fingerprint impressions obtained in a manner described in division | 704 |
(C)(2) of this section, the superintendent of the bureau of | 705 |
criminal identification and investigation shall conduct a criminal | 706 |
records check in the manner described in division (B) of this | 707 |
section to determine whether any information exists indicating | 708 |
that the person who is the subject of the request has been | 709 |
convicted of or pleaded guilty to a felony in this state or in any | 710 |
other state. If the individual indicates that a firearm will be | 711 |
carried in the course of business, the superintendent shall | 712 |
require information from the federal bureau of investigation as | 713 |
described in division (B)(2) of this section. The superintendent | 714 |
shall report the findings of the criminal records check and any | 715 |
information the federal bureau of investigation provides to the | 716 |
director of public safety. | 717 |
(12) On receipt of a request pursuant to section 1321.37, | 718 |
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 719 |
Code, a completed form prescribed pursuant to division (C)(1) of | 720 |
this section, and a set of fingerprint impressions obtained in the | 721 |
manner described in division (C)(2) of this section, the | 722 |
superintendent of the bureau of criminal identification and | 723 |
investigation shall conduct a criminal records check with respect | 724 |
to any person who has applied for a license, permit, or | 725 |
certification from the department of commerce or a division in the | 726 |
department. The superintendent shall conduct the criminal records | 727 |
check in the manner described in division (B) of this section to | 728 |
determine whether any information exists that indicates that the | 729 |
person who is the subject of the request previously has been | 730 |
convicted of or pleaded guilty to any of the following: a | 731 |
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or | 732 |
2925.03 of the Revised Code; any other criminal offense involving | 733 |
theft, receiving stolen property, embezzlement, forgery, fraud, | 734 |
passing bad checks, money laundering, or drug trafficking, or any | 735 |
criminal offense involving money or securities, as set forth in | 736 |
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of | 737 |
the Revised Code; or any existing or former law of this state, any | 738 |
other state, or the United States that is substantially equivalent | 739 |
to those offenses. | 740 |
(13) On receipt of a request for a criminal records check | 741 |
from the treasurer of state under section 113.041 of the Revised | 742 |
Code or from an individual under section 4701.08, 4715.101, | 743 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 744 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 745 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 746 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 747 |
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by | 748 |
a completed form prescribed under division (C)(1) of this section | 749 |
and a set of fingerprint impressions obtained in the manner | 750 |
described in division (C)(2) of this section, the superintendent | 751 |
of the bureau of criminal identification and investigation shall | 752 |
conduct a criminal records check in the manner described in | 753 |
division (B) of this section to determine whether any information | 754 |
exists that indicates that the person who is the subject of the | 755 |
request has been convicted of or pleaded guilty to any criminal | 756 |
offense in this state or any other state. The superintendent shall | 757 |
send the results of a check requested under section 113.041 of the | 758 |
Revised Code to the treasurer of state and shall send the results | 759 |
of a check requested under any of the other listed sections to the | 760 |
licensing board specified by the individual in the request. | 761 |
(14) On receipt of a request pursuant to section 1121.23, | 762 |
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 763 |
Code, a completed form prescribed pursuant to division (C)(1) of | 764 |
this section, and a set of fingerprint impressions obtained in the | 765 |
manner described in division (C)(2) of this section, the | 766 |
superintendent of the bureau of criminal identification and | 767 |
investigation shall conduct a criminal records check in the manner | 768 |
described in division (B) of this section to determine whether any | 769 |
information exists that indicates that the person who is the | 770 |
subject of the request previously has been convicted of or pleaded | 771 |
guilty to any criminal offense under any existing or former law of | 772 |
this state, any other state, or the United States. | 773 |
(15) On receipt of a request for a criminal records check | 774 |
from an appointing or licensing authority under section 3772.07 of | 775 |
the Revised Code, a completed form prescribed under division | 776 |
(C)(1) of this section, and a set of fingerprint impressions | 777 |
obtained in the manner prescribed in division (C)(2) of this | 778 |
section, the superintendent of the bureau of criminal | 779 |
identification and investigation shall conduct a criminal records | 780 |
check in the manner described in division (B) of this section to | 781 |
determine whether any information exists that indicates that the | 782 |
person who is the subject of the request previously has been | 783 |
convicted of or pleaded guilty or no contest to any offense under | 784 |
any existing or former law of this state, any other state, or the | 785 |
United States that is a disqualifying offense as defined in | 786 |
section 3772.07 of the Revised Code or substantially equivalent to | 787 |
such an offense. | 788 |
(16) Not later than thirty days after the date the | 789 |
superintendent receives a request of a type described in division | 790 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), | 791 |
(14), or (15) of this section, the completed form, and the | 792 |
fingerprint impressions, the superintendent shall send the person, | 793 |
board, or entity that made the request any information, other than | 794 |
information the dissemination of which is prohibited by federal | 795 |
law, the superintendent determines exists with respect to the | 796 |
person who is the subject of the request that indicates that the | 797 |
person previously has been convicted of or pleaded guilty to any | 798 |
offense listed or described in division (A)(1), (2), (3), (4), | 799 |
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this | 800 |
section, as appropriate. The superintendent shall send the person, | 801 |
board, or entity that made the request a copy of the list of | 802 |
offenses specified in division (A)(1), (2), (3), (4), (5), (6), | 803 |
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as | 804 |
appropriate. If the request was made under section 3701.881 of the | 805 |
Revised Code with regard to an applicant who may be both | 806 |
responsible for the care, custody, or control of a child and | 807 |
involved in providing direct care to an older adult, the | 808 |
superintendent shall provide a list of the offenses specified in | 809 |
divisions (A)(4) and (6) of this section. | 810 |
Not later than thirty days after the superintendent receives | 811 |
a request for a criminal records check pursuant to section 113.041 | 812 |
of the Revised Code, the completed form, and the fingerprint | 813 |
impressions, the superintendent shall send the treasurer of state | 814 |
any information, other than information the dissemination of which | 815 |
is prohibited by federal law, the superintendent determines exist | 816 |
with respect to the person who is the subject of the request that | 817 |
indicates that the person previously has been convicted of or | 818 |
pleaded guilty to any criminal offense in this state or any other | 819 |
state. | 820 |
(B) The superintendent shall conduct any criminal records | 821 |
check requested under section 113.041, 121.08, 173.27, 173.394, | 822 |
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03, | 823 |
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, | 824 |
3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, 4715.101, | 825 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 826 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 827 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 828 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 829 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 830 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 831 |
5126.281, or 5153.111 of the Revised Code as follows: | 832 |
(1) The superintendent shall review or cause to be reviewed | 833 |
any relevant information gathered and compiled by the bureau under | 834 |
division (A) of section 109.57 of the Revised Code that relates to | 835 |
the person who is the subject of the request, including, if the | 836 |
criminal records check was requested under section 113.041, | 837 |
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 838 |
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 839 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 840 |
3722.151, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, | 841 |
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or | 842 |
5153.111 of the Revised Code, any relevant information contained | 843 |
in records that have been sealed under section 2953.32 of the | 844 |
Revised Code; | 845 |
(2) If the request received by the superintendent asks for | 846 |
information from the federal bureau of investigation, the | 847 |
superintendent shall request from the federal bureau of | 848 |
investigation any information it has with respect to the person | 849 |
who is the subject of the request, including fingerprint-based | 850 |
checks of national crime information databases as described in 42 | 851 |
U.S.C. 671 if the request is made pursuant to section 2151.86, | 852 |
5104.012, or 5104.013 of the Revised Code or if any other Revised | 853 |
Code section requires fingerprint-based checks of that nature, and | 854 |
shall review or cause to be reviewed any information the | 855 |
superintendent receives from that bureau. If a request under | 856 |
section 3319.39 of the Revised Code asks only for information from | 857 |
the federal bureau of investigation, the superintendent shall not | 858 |
conduct the review prescribed by division (B)(1) of this section. | 859 |
(3) The superintendent or the superintendent's designee may | 860 |
request criminal history records from other states or the federal | 861 |
government pursuant to the national crime prevention and privacy | 862 |
compact set forth in section 109.571 of the Revised Code. | 863 |
(C)(1) The superintendent shall prescribe a form to obtain | 864 |
the information necessary to conduct a criminal records check from | 865 |
any person for whom a criminal records check is requested under | 866 |
section 113.041 of the Revised Code or required by section 121.08, | 867 |
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, | 868 |
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, | 869 |
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, | 870 |
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, | 871 |
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, | 872 |
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, | 873 |
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, | 874 |
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 875 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 876 |
5126.281, or 5153.111 of the Revised Code. The form that the | 877 |
superintendent prescribes pursuant to this division may be in a | 878 |
tangible format, in an electronic format, or in both tangible and | 879 |
electronic formats. | 880 |
(2) The superintendent shall prescribe standard impression | 881 |
sheets to obtain the fingerprint impressions of any person for | 882 |
whom a criminal records check is requested under section 113.041 | 883 |
of the Revised Code or required by section 121.08, 173.27, | 884 |
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, | 885 |
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, | 886 |
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 3772.07, 4701.08, | 887 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 888 |
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 889 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 890 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 891 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 892 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 893 |
5126.281, or 5153.111 of the Revised Code. Any person for whom a | 894 |
records check is requested under or required by any of those | 895 |
sections shall obtain the fingerprint impressions at a county | 896 |
sheriff's office, municipal police department, or any other entity | 897 |
with the ability to make fingerprint impressions on the standard | 898 |
impression sheets prescribed by the superintendent. The office, | 899 |
department, or entity may charge the person a reasonable fee for | 900 |
making the impressions. The standard impression sheets the | 901 |
superintendent prescribes pursuant to this division may be in a | 902 |
tangible format, in an electronic format, or in both tangible and | 903 |
electronic formats. | 904 |
(3) Subject to division (D) of this section, the | 905 |
superintendent shall prescribe and charge a reasonable fee for | 906 |
providing a criminal records check requested under section | 907 |
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, | 908 |
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, | 909 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 910 |
3722.151, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, | 911 |
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, | 912 |
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, | 913 |
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, | 914 |
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, | 915 |
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, | 916 |
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The | 917 |
person making a criminal records request under any of those | 918 |
sections shall pay the fee prescribed pursuant to this division. A | 919 |
person making a request under section 3701.881 of the Revised Code | 920 |
for a criminal records check for an applicant who may be both | 921 |
responsible for the care, custody, or control of a child and | 922 |
involved in providing direct care to an older adult shall pay one | 923 |
fee for the request. In the case of a request under section | 924 |
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032 | 925 |
of the Revised Code, the fee shall be paid in the manner specified | 926 |
in that section. | 927 |
(4) The superintendent of the bureau of criminal | 928 |
identification and investigation may prescribe methods of | 929 |
forwarding fingerprint impressions and information necessary to | 930 |
conduct a criminal records check, which methods shall include, but | 931 |
not be limited to, an electronic method. | 932 |
(D) A determination whether any information exists that | 933 |
indicates that a person previously has been convicted of or | 934 |
pleaded guilty to any offense listed or described in division | 935 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 936 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), | 937 |
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15) | 938 |
of this section, or that indicates that a person previously has | 939 |
been convicted of or pleaded guilty to any criminal offense in | 940 |
this state or any other state regarding a criminal records check | 941 |
of a type described in division (A)(13) of this section, and that | 942 |
is made by the superintendent with respect to information | 943 |
considered in a criminal records check in accordance with this | 944 |
section is valid for the person who is the subject of the criminal | 945 |
records check for a period of one year from the date upon which | 946 |
the superintendent makes the determination. During the period in | 947 |
which the determination in regard to a person is valid, if another | 948 |
request under this section is made for a criminal records check | 949 |
for that person, the superintendent shall provide the information | 950 |
that is the basis for the superintendent's initial determination | 951 |
at a lower fee than the fee prescribed for the initial criminal | 952 |
records check. | 953 |
(E) When the superintendent receives a request for | 954 |
information from a registered private provider or an approved | 955 |
nonpublic school, the superintendent shall proceed as if the | 956 |
request was received from a school district board of education | 957 |
under section 3319.39 of the Revised Code. The superintendent | 958 |
shall apply division (A)(7) of this section to any such request | 959 |
for an applicant who is a teacher. | 960 |
(F) As used in this section: | 961 |
(1) "Criminal records check" means any criminal records check | 962 |
conducted by the superintendent of the bureau of criminal | 963 |
identification and investigation in accordance with division (B) | 964 |
of this section. | 965 |
(2) "Minor drug possession offense" has the same meaning as | 966 |
in section 2925.01 of the Revised Code. | 967 |
(3) "Older adult" means a person age sixty or older. | 968 |
(4) "OVI or OVUAC violation" means a violation of section | 969 |
4511.19 of the Revised Code or a violation of an existing or | 970 |
former law of this state, any other state, or the United States | 971 |
that is substantially equivalent to section 4511.19 of the Revised | 972 |
Code. | 973 |
(5) "Registered private provider" means a nonpublic school or | 974 |
entity registered with the superintendent of public instruction | 975 |
under section 3310.41 of the Revised Code to participate in the | 976 |
autism scholarship program or section 3310.58 of the Revised Code | 977 |
to participate in the special education scholarship program. | 978 |
(6) "Approved nonpublic school" has the same meaning as in | 979 |
section 3310.09 of the Revised Code. | 980 |
Sec. 3301.0714. (A) The state board of education shall adopt | 981 |
rules for a statewide education management information system. The | 982 |
rules shall require the state board to establish guidelines for | 983 |
the establishment and maintenance of the system in accordance with | 984 |
this section and the rules adopted under this section. The | 985 |
guidelines shall include: | 986 |
(1) Standards identifying and defining the types of data in | 987 |
the system in accordance with divisions (B) and (C) of this | 988 |
section; | 989 |
(2) Procedures for annually collecting and reporting the data | 990 |
to the state board in accordance with division (D) of this | 991 |
section; | 992 |
(3) Procedures for annually compiling the data in accordance | 993 |
with division (G) of this section; | 994 |
(4) Procedures for annually reporting the data to the public | 995 |
in accordance with division (H) of this section. | 996 |
(B) The guidelines adopted under this section shall require | 997 |
the data maintained in the education management information system | 998 |
to include at least the following: | 999 |
(1) Student participation and performance data, for each | 1000 |
grade in each school district as a whole and for each grade in | 1001 |
each school building in each school district, that includes: | 1002 |
(a) The numbers of students receiving each category of | 1003 |
instructional service offered by the school district, such as | 1004 |
regular education instruction, vocational education instruction, | 1005 |
specialized instruction programs or enrichment instruction that is | 1006 |
part of the educational curriculum, instruction for gifted | 1007 |
students, instruction for students with disabilities, and remedial | 1008 |
instruction. The guidelines shall require instructional services | 1009 |
under this division to be divided into discrete categories if an | 1010 |
instructional service is limited to a specific subject, a specific | 1011 |
type of student, or both, such as regular instructional services | 1012 |
in mathematics, remedial reading instructional services, | 1013 |
instructional services specifically for students gifted in | 1014 |
mathematics or some other subject area, or instructional services | 1015 |
for students with a specific type of disability. The categories of | 1016 |
instructional services required by the guidelines under this | 1017 |
division shall be the same as the categories of instructional | 1018 |
services used in determining cost units pursuant to division | 1019 |
(C)(3) of this section. | 1020 |
(b) The numbers of students receiving support or | 1021 |
extracurricular services for each of the support services or | 1022 |
extracurricular programs offered by the school district, such as | 1023 |
counseling services, health services, and extracurricular sports | 1024 |
and fine arts programs. The categories of services required by the | 1025 |
guidelines under this division shall be the same as the categories | 1026 |
of services used in determining cost units pursuant to division | 1027 |
(C)(4)(a) of this section. | 1028 |
(c) Average student grades in each subject in grades nine | 1029 |
through twelve; | 1030 |
(d) Academic achievement levels as assessed under sections | 1031 |
3301.0710, 3301.0711, and 3301.0712 of the Revised Code; | 1032 |
(e) The number of students designated as having a disabling | 1033 |
condition pursuant to division (C)(1) of section 3301.0711 of the | 1034 |
Revised Code; | 1035 |
(f) The numbers of students reported to the state board | 1036 |
pursuant to division (C)(2) of section 3301.0711 of the Revised | 1037 |
Code; | 1038 |
(g) Attendance rates and the average daily attendance for the | 1039 |
year. For purposes of this division, a student shall be counted as | 1040 |
present for any field trip that is approved by the school | 1041 |
administration. | 1042 |
(h) Expulsion rates; | 1043 |
(i) Suspension rates; | 1044 |
(j) Dropout rates; | 1045 |
(k) Rates of retention in grade; | 1046 |
(l) For pupils in grades nine through twelve, the average | 1047 |
number of carnegie units, as calculated in accordance with state | 1048 |
board of education rules; | 1049 |
(m) Graduation rates, to be calculated in a manner specified | 1050 |
by the department of education that reflects the rate at which | 1051 |
students who were in the ninth grade three years prior to the | 1052 |
current year complete school and that is consistent with | 1053 |
nationally accepted reporting requirements; | 1054 |
(n) Results of diagnostic assessments administered to | 1055 |
kindergarten students as required under section 3301.0715 of the | 1056 |
Revised Code to permit a comparison of the academic readiness of | 1057 |
kindergarten students. However, no district shall be required to | 1058 |
report to the department the results of any diagnostic assessment | 1059 |
administered to a kindergarten student if the parent of that | 1060 |
student requests the district not to report those results. | 1061 |
(2) Personnel and classroom enrollment data for each school | 1062 |
district, including: | 1063 |
(a) The total numbers of licensed employees and nonlicensed | 1064 |
employees and the numbers of full-time equivalent licensed | 1065 |
employees and nonlicensed employees providing each category of | 1066 |
instructional service, instructional support service, and | 1067 |
administrative support service used pursuant to division (C)(3) of | 1068 |
this section. The guidelines adopted under this section shall | 1069 |
require these categories of data to be maintained for the school | 1070 |
district as a whole and, wherever applicable, for each grade in | 1071 |
the school district as a whole, for each school building as a | 1072 |
whole, and for each grade in each school building. | 1073 |
(b) The total number of employees and the number of full-time | 1074 |
equivalent employees providing each category of service used | 1075 |
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 1076 |
total numbers of licensed employees and nonlicensed employees and | 1077 |
the numbers of full-time equivalent licensed employees and | 1078 |
nonlicensed employees providing each category used pursuant to | 1079 |
division (C)(4)(c) of this section. The guidelines adopted under | 1080 |
this section shall require these categories of data to be | 1081 |
maintained for the school district as a whole and, wherever | 1082 |
applicable, for each grade in the school district as a whole, for | 1083 |
each school building as a whole, and for each grade in each school | 1084 |
building. | 1085 |
(c) The total number of regular classroom teachers teaching | 1086 |
classes of regular education and the average number of pupils | 1087 |
enrolled in each such class, in each of grades kindergarten | 1088 |
through five in the district as a whole and in each school | 1089 |
building in the school district. | 1090 |
(d) The number of lead teachers employed by each school | 1091 |
district and each school building. | 1092 |
(3)(a) Student demographic data for each school district, | 1093 |
including information regarding the gender ratio of the school | 1094 |
district's pupils, the racial make-up of the school district's | 1095 |
pupils, the number of limited English proficient students in the | 1096 |
district, and an appropriate measure of the number of the school | 1097 |
district's pupils who reside in economically disadvantaged | 1098 |
households. The demographic data shall be collected in a manner to | 1099 |
allow correlation with data collected under division (B)(1) of | 1100 |
this section. Categories for data collected pursuant to division | 1101 |
(B)(3) of this section shall conform, where appropriate, to | 1102 |
standard practices of agencies of the federal government. | 1103 |
(b) With respect to each student entering kindergarten, | 1104 |
whether the student previously participated in a public preschool | 1105 |
program, a private preschool program, or a head start program, and | 1106 |
the number of years the student participated in each of these | 1107 |
programs. | 1108 |
(4) Any data required to be collected pursuant to federal | 1109 |
law. | 1110 |
(C) The education management information system shall include | 1111 |
cost accounting data for each district as a whole and for each | 1112 |
school building in each school district. The guidelines adopted | 1113 |
under this section shall require the cost data for each school | 1114 |
district to be maintained in a system of mutually exclusive cost | 1115 |
units and shall require all of the costs of each school district | 1116 |
to be divided among the cost units. The guidelines shall require | 1117 |
the system of mutually exclusive cost units to include at least | 1118 |
the following: | 1119 |
(1) Administrative costs for the school district as a whole. | 1120 |
The guidelines shall require the cost units under this division | 1121 |
(C)(1) to be designed so that each of them may be compiled and | 1122 |
reported in terms of average expenditure per pupil in formula ADM | 1123 |
in the school district, as determined pursuant to section 3317.03 | 1124 |
of the Revised Code. | 1125 |
(2) Administrative costs for each school building in the | 1126 |
school district. The guidelines shall require the cost units under | 1127 |
this division (C)(2) to be designed so that each of them may be | 1128 |
compiled and reported in terms of average expenditure per | 1129 |
full-time equivalent pupil receiving instructional or support | 1130 |
services in each building. | 1131 |
(3) Instructional services costs for each category of | 1132 |
instructional service provided directly to students and required | 1133 |
by guidelines adopted pursuant to division (B)(1)(a) of this | 1134 |
section. The guidelines shall require the cost units under | 1135 |
division (C)(3) of this section to be designed so that each of | 1136 |
them may be compiled and reported in terms of average expenditure | 1137 |
per pupil receiving the service in the school district as a whole | 1138 |
and average expenditure per pupil receiving the service in each | 1139 |
building in the school district and in terms of a total cost for | 1140 |
each category of service and, as a breakdown of the total cost, a | 1141 |
cost for each of the following components: | 1142 |
(a) The cost of each instructional services category required | 1143 |
by guidelines adopted under division (B)(1)(a) of this section | 1144 |
that is provided directly to students by a classroom teacher; | 1145 |
(b) The cost of the instructional support services, such as | 1146 |
services provided by a speech-language pathologist, classroom | 1147 |
aide, multimedia aide, or librarian, provided directly to students | 1148 |
in conjunction with each instructional services category; | 1149 |
(c) The cost of the administrative support services related | 1150 |
to each instructional services category, such as the cost of | 1151 |
personnel that develop the curriculum for the instructional | 1152 |
services category and the cost of personnel supervising or | 1153 |
coordinating the delivery of the instructional services category. | 1154 |
(4) Support or extracurricular services costs for each | 1155 |
category of service directly provided to students and required by | 1156 |
guidelines adopted pursuant to division (B)(1)(b) of this section. | 1157 |
The guidelines shall require the cost units under division (C)(4) | 1158 |
of this section to be designed so that each of them may be | 1159 |
compiled and reported in terms of average expenditure per pupil | 1160 |
receiving the service in the school district as a whole and | 1161 |
average expenditure per pupil receiving the service in each | 1162 |
building in the school district and in terms of a total cost for | 1163 |
each category of service and, as a breakdown of the total cost, a | 1164 |
cost for each of the following components: | 1165 |
(a) The cost of each support or extracurricular services | 1166 |
category required by guidelines adopted under division (B)(1)(b) | 1167 |
of this section that is provided directly to students by a | 1168 |
licensed employee, such as services provided by a guidance | 1169 |
counselor or any services provided by a licensed employee under a | 1170 |
supplemental contract; | 1171 |
(b) The cost of each such services category provided directly | 1172 |
to students by a nonlicensed employee, such as janitorial | 1173 |
services, cafeteria services, or services of a sports trainer; | 1174 |
(c) The cost of the administrative services related to each | 1175 |
services category in division (C)(4)(a) or (b) of this section, | 1176 |
such as the cost of any licensed or nonlicensed employees that | 1177 |
develop, supervise, coordinate, or otherwise are involved in | 1178 |
administering or aiding the delivery of each services category. | 1179 |
(D)(1) The guidelines adopted under this section shall | 1180 |
require school districts to collect information about individual | 1181 |
students, staff members, or both in connection with any data | 1182 |
required by division (B) or (C) of this section or other reporting | 1183 |
requirements established in the Revised Code. The guidelines may | 1184 |
also require school districts to report information about | 1185 |
individual staff members in connection with any data required by | 1186 |
division (B) or (C) of this section or other reporting | 1187 |
requirements established in the Revised Code. The guidelines shall | 1188 |
not authorize school districts to request social security numbers | 1189 |
of individual students. The guidelines shall prohibit the | 1190 |
reporting under this section of a student's name, address, and | 1191 |
social security number to the state board of education or the | 1192 |
department of education. The guidelines shall also prohibit the | 1193 |
reporting under this section of any personally identifiable | 1194 |
information about any student, except for the purpose of assigning | 1195 |
the data verification code required by division (D)(2) of this | 1196 |
section, to any other person unless such person is employed by the | 1197 |
school district or the information technology center operated | 1198 |
under section 3301.075 of the Revised Code and is authorized by | 1199 |
the district or technology center to have access to such | 1200 |
information or is employed by an entity with which the department | 1201 |
contracts for the scoring of assessments administered under | 1202 |
section 3301.0711 of the Revised Code. The guidelines may require | 1203 |
school districts to provide the social security numbers of | 1204 |
individual staff members. | 1205 |
(2) The guidelines shall provide for each school district or | 1206 |
community school to assign a data verification code that is unique | 1207 |
on a statewide basis over time to each student whose initial Ohio | 1208 |
enrollment is in that district or school and to report all | 1209 |
required individual student data for that student utilizing such | 1210 |
code. The guidelines shall also provide for assigning data | 1211 |
verification codes to all students enrolled in districts or | 1212 |
community schools on the effective date of the guidelines | 1213 |
established under this section. | 1214 |
Individual student data shall be reported to the department | 1215 |
through the information technology centers utilizing the code but, | 1216 |
except as provided in sections 3310.11, 3310.42, | 1217 |
and 3317.20 of the Revised Code, at no time shall the state board | 1218 |
or the department have access to information that would enable any | 1219 |
data verification code to be matched to personally identifiable | 1220 |
student data. | 1221 |
Each school district shall ensure that the data verification | 1222 |
code is included in the student's records reported to any | 1223 |
subsequent school district, community school, or state institution | 1224 |
of higher education, as defined in section 3345.011 of the Revised | 1225 |
Code, in which the student enrolls. Any such subsequent district | 1226 |
or school shall utilize the same identifier in its reporting of | 1227 |
data under this section. | 1228 |
The director of health shall request and receive, pursuant to | 1229 |
sections 3301.0723 and 3701.62 of the Revised Code, a data | 1230 |
verification code for a child who is receiving services under | 1231 |
division (A)(2) of section 3701.61 of the Revised Code. | 1232 |
(E) The guidelines adopted under this section may require | 1233 |
school districts to collect and report data, information, or | 1234 |
reports other than that described in divisions (A), (B), and (C) | 1235 |
of this section for the purpose of complying with other reporting | 1236 |
requirements established in the Revised Code. The other data, | 1237 |
information, or reports may be maintained in the education | 1238 |
management information system but are not required to be compiled | 1239 |
as part of the profile formats required under division (G) of this | 1240 |
section or the annual statewide report required under division (H) | 1241 |
of this section. | 1242 |
(F) Beginning with the school year that begins July 1, 1991, | 1243 |
the board of education of each school district shall annually | 1244 |
collect and report to the state board, in accordance with the | 1245 |
guidelines established by the board, the data required pursuant to | 1246 |
this section. A school district may collect and report these data | 1247 |
notwithstanding section 2151.357 or 3319.321 of the Revised Code. | 1248 |
(G) The state board shall, in accordance with the procedures | 1249 |
it adopts, annually compile the data reported by each school | 1250 |
district pursuant to division (D) of this section. The state board | 1251 |
shall design formats for profiling each school district as a whole | 1252 |
and each school building within each district and shall compile | 1253 |
the data in accordance with these formats. These profile formats | 1254 |
shall: | 1255 |
(1) Include all of the data gathered under this section in a | 1256 |
manner that facilitates comparison among school districts and | 1257 |
among school buildings within each school district; | 1258 |
(2) Present the data on academic achievement levels as | 1259 |
assessed by the testing of student achievement maintained pursuant | 1260 |
to division (B)(1)(d) of this section. | 1261 |
(H)(1) The state board shall, in accordance with the | 1262 |
procedures it adopts, annually prepare a statewide report for all | 1263 |
school districts and the general public that includes the profile | 1264 |
of each of the school districts developed pursuant to division (G) | 1265 |
of this section. Copies of the report shall be sent to each school | 1266 |
district. | 1267 |
(2) The state board shall, in accordance with the procedures | 1268 |
it adopts, annually prepare an individual report for each school | 1269 |
district and the general public that includes the profiles of each | 1270 |
of the school buildings in that school district developed pursuant | 1271 |
to division (G) of this section. Copies of the report shall be | 1272 |
sent to the superintendent of the district and to each member of | 1273 |
the district board of education. | 1274 |
(3) Copies of the reports received from the state board under | 1275 |
divisions (H)(1) and (2) of this section shall be made available | 1276 |
to the general public at each school district's offices. Each | 1277 |
district board of education shall make copies of each report | 1278 |
available to any person upon request and payment of a reasonable | 1279 |
fee for the cost of reproducing the report. The board shall | 1280 |
annually publish in a newspaper of general circulation in the | 1281 |
school district, at least twice during the two weeks prior to the | 1282 |
week in which the reports will first be available, a notice | 1283 |
containing the address where the reports are available and the | 1284 |
date on which the reports will be available. | 1285 |
(I) Any data that is collected or maintained pursuant to this | 1286 |
section and that identifies an individual pupil is not a public | 1287 |
record for the purposes of section 149.43 of the Revised Code. | 1288 |
(J) As used in this section: | 1289 |
(1) "School district" means any city, local, exempted | 1290 |
village, or joint vocational school district and, in accordance | 1291 |
with section 3314.17 of the Revised Code, any community school. As | 1292 |
used in division (L) of this section, "school district" also | 1293 |
includes any educational service center or other educational | 1294 |
entity required to submit data using the system established under | 1295 |
this section. | 1296 |
(2) "Cost" means any expenditure for operating expenses made | 1297 |
by a school district excluding any expenditures for debt | 1298 |
retirement except for payments made to any commercial lending | 1299 |
institution for any loan approved pursuant to section 3313.483 of | 1300 |
the Revised Code. | 1301 |
(K) Any person who removes data from the information system | 1302 |
established under this section for the purpose of releasing it to | 1303 |
any person not entitled under law to have access to such | 1304 |
information is subject to section 2913.42 of the Revised Code | 1305 |
prohibiting tampering with data. | 1306 |
(L)(1) In accordance with division (L)(2) of this section and | 1307 |
the rules adopted under division (L)(10) of this section, the | 1308 |
department of education may sanction any school district that | 1309 |
reports incomplete or inaccurate data, reports data that does not | 1310 |
conform to data requirements and descriptions published by the | 1311 |
department, fails to report data in a timely manner, or otherwise | 1312 |
does not make a good faith effort to report data as required by | 1313 |
this section. | 1314 |
(2) If the department decides to sanction a school district | 1315 |
under this division, the department shall take the following | 1316 |
sequential actions: | 1317 |
(a) Notify the district in writing that the department has | 1318 |
determined that data has not been reported as required under this | 1319 |
section and require the district to review its data submission and | 1320 |
submit corrected data by a deadline established by the department. | 1321 |
The department also may require the district to develop a | 1322 |
corrective action plan, which shall include provisions for the | 1323 |
district to provide mandatory staff training on data reporting | 1324 |
procedures. | 1325 |
(b) Withhold up to ten per cent of the total amount of state | 1326 |
funds due to the district for the current fiscal year and, if not | 1327 |
previously required under division (L)(2)(a) of this section, | 1328 |
require the district to develop a corrective action plan in | 1329 |
accordance with that division; | 1330 |
(c) Withhold an additional amount of up to twenty per cent of | 1331 |
the total amount of state funds due to the district for the | 1332 |
current fiscal year; | 1333 |
(d) Direct department staff or an outside entity to | 1334 |
investigate the district's data reporting practices and make | 1335 |
recommendations for subsequent actions. The recommendations may | 1336 |
include one or more of the following actions: | 1337 |
(i) Arrange for an audit of the district's data reporting | 1338 |
practices by department staff or an outside entity; | 1339 |
(ii) Conduct a site visit and evaluation of the district; | 1340 |
(iii) Withhold an additional amount of up to thirty per cent | 1341 |
of the total amount of state funds due to the district for the | 1342 |
current fiscal year; | 1343 |
(iv) Continue monitoring the district's data reporting; | 1344 |
(v) Assign department staff to supervise the district's data | 1345 |
management system; | 1346 |
(vi) Conduct an investigation to determine whether to suspend | 1347 |
or revoke the license of any district employee in accordance with | 1348 |
division (N) of this section; | 1349 |
(vii) If the district is issued a report card under section | 1350 |
3302.03 of the Revised Code, indicate on the report card that the | 1351 |
district has been sanctioned for failing to report data as | 1352 |
required by this section; | 1353 |
(viii) If the district is issued a report card under section | 1354 |
3302.03 of the Revised Code and incomplete or inaccurate data | 1355 |
submitted by the district likely caused the district to receive a | 1356 |
higher performance rating than it deserved under that section, | 1357 |
issue a revised report card for the district; | 1358 |
(ix) Any other action designed to correct the district's data | 1359 |
reporting problems. | 1360 |
(3) Any time the department takes an action against a school | 1361 |
district under division (L)(2) of this section, the department | 1362 |
shall make a report of the circumstances that prompted the action. | 1363 |
The department shall send a copy of the report to the district | 1364 |
superintendent or chief administrator and maintain a copy of the | 1365 |
report in its files. | 1366 |
(4) If any action taken under division (L)(2) of this section | 1367 |
resolves a school district's data reporting problems to the | 1368 |
department's satisfaction, the department shall not take any | 1369 |
further actions described by that division. If the department | 1370 |
withheld funds from the district under that division, the | 1371 |
department may release those funds to the district, except that if | 1372 |
the department withheld funding under division (L)(2)(c) of this | 1373 |
section, the department shall not release the funds withheld under | 1374 |
division (L)(2)(b) of this section and, if the department withheld | 1375 |
funding under division (L)(2)(d) of this section, the department | 1376 |
shall not release the funds withheld under division (L)(2)(b) or | 1377 |
(c) of this section. | 1378 |
(5) Notwithstanding anything in this section to the contrary, | 1379 |
the department may use its own staff or an outside entity to | 1380 |
conduct an audit of a school district's data reporting practices | 1381 |
any time the department has reason to believe the district has not | 1382 |
made a good faith effort to report data as required by this | 1383 |
section. If any audit conducted by an outside entity under | 1384 |
division (L)(2)(d)(i) or (5) of this section confirms that a | 1385 |
district has not made a good faith effort to report data as | 1386 |
required by this section, the district shall reimburse the | 1387 |
department for the full cost of the audit. The department may | 1388 |
withhold state funds due to the district for this purpose. | 1389 |
(6) Prior to issuing a revised report card for a school | 1390 |
district under division (L)(2)(d)(viii) of this section, the | 1391 |
department may hold a hearing to provide the district with an | 1392 |
opportunity to demonstrate that it made a good faith effort to | 1393 |
report data as required by this section. The hearing shall be | 1394 |
conducted by a referee appointed by the department. Based on the | 1395 |
information provided in the hearing, the referee shall recommend | 1396 |
whether the department should issue a revised report card for the | 1397 |
district. If the referee affirms the department's contention that | 1398 |
the district did not make a good faith effort to report data as | 1399 |
required by this section, the district shall bear the full cost of | 1400 |
conducting the hearing and of issuing any revised report card. | 1401 |
(7) If the department determines that any inaccurate data | 1402 |
reported under this section caused a school district to receive | 1403 |
excess state funds in any fiscal year, the district shall | 1404 |
reimburse the department an amount equal to the excess funds, in | 1405 |
accordance with a payment schedule determined by the department. | 1406 |
The department may withhold state funds due to the district for | 1407 |
this purpose. | 1408 |
(8) Any school district that has funds withheld under | 1409 |
division (L)(2) of this section may appeal the withholding in | 1410 |
accordance with Chapter 119. of the Revised Code. | 1411 |
(9) In all cases of a disagreement between the department and | 1412 |
a school district regarding the appropriateness of an action taken | 1413 |
under division (L)(2) of this section, the burden of proof shall | 1414 |
be on the district to demonstrate that it made a good faith effort | 1415 |
to report data as required by this section. | 1416 |
(10) The state board of education shall adopt rules under | 1417 |
Chapter 119. of the Revised Code to implement division (L) of this | 1418 |
section. | 1419 |
(M) No information technology center or school district shall | 1420 |
acquire, change, or update its student administration software | 1421 |
package to manage and report data required to be reported to the | 1422 |
department unless it converts to a student software package that | 1423 |
is certified by the department. | 1424 |
(N) The state board of education, in accordance with sections | 1425 |
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 1426 |
license as defined under division (A) of section 3319.31 of the | 1427 |
Revised Code that has been issued to any school district employee | 1428 |
found to have willfully reported erroneous, inaccurate, or | 1429 |
incomplete data to the education management information system. | 1430 |
(O) No person shall release or maintain any information about | 1431 |
any student in violation of this section. Whoever violates this | 1432 |
division is guilty of a misdemeanor of the fourth degree. | 1433 |
(P) The department shall disaggregate the data collected | 1434 |
under division (B)(1)(n) of this section according to the race and | 1435 |
socioeconomic status of the students assessed. No data collected | 1436 |
under that division shall be included on the report cards required | 1437 |
by section 3302.03 of the Revised Code. | 1438 |
(Q) If the department cannot compile any of the information | 1439 |
required by division (C)(5) of section 3302.03 of the Revised Code | 1440 |
based upon the data collected under this section, the department | 1441 |
shall develop a plan and a reasonable timeline for the collection | 1442 |
of any data necessary to comply with that division. | 1443 |
Sec. 3310.01. As used in sections 3310.01 to | 1444 |
of the Revised Code: | 1445 |
(A) "Chartered nonpublic school" means a nonpublic school | 1446 |
that holds a valid charter issued by the state board of education | 1447 |
under section 3301.16 of the Revised Code and meets the standards | 1448 |
established for such schools in rules adopted by the state board. | 1449 |
(B) "College" has the same meaning as in section 3365.01 of | 1450 |
the Revised Code. | 1451 |
(C) An "eligible nonpublic school" is a school that is | 1452 |
designated as an eligible nonpublic school in accordance with | 1453 |
division (A) of section 3310.09 of the Revised Code. | 1454 |
(D) An "eligible student" is a student who satisfies the | 1455 |
conditions specified in section 3310.03 of the Revised Code. | 1456 |
| 1457 |
school in a school district under section 3313.64 or 3313.65 of | 1458 |
the Revised Code. | 1459 |
(F) "Formula amount" has the same meaning as in section | 1460 |
3317.02 of the Revised Code. | 1461 |
(G) "Income standard for a reduced-price lunch" means the | 1462 |
income standard to qualify for a reduced-price lunch under the | 1463 |
"National School Lunch Act," 42 U.S.C. 1751, et seq., as amended, | 1464 |
and the "Child Nutrition Act of 1966," 42 U.S.C. 1771, et seq., as | 1465 |
amended. | 1466 |
(H) "PACT" is an acronym for "parental choice and taxpayer | 1467 |
savings." "PACT scholarship" means a scholarship under the | 1468 |
parental choice and taxpayer savings scholarship program | 1469 |
established under sections 3310.01 to 3310.18 of the Revised Code, | 1470 |
which program may be referred to as the "PACT scholarship | 1471 |
program." | 1472 |
(I) "Parent" has the same meaning as in section 3313.98 of | 1473 |
the Revised Code. | 1474 |
| 1475 |
a student is entitled to attend school | 1476 |
1477 |
| 1478 |
3313.62 of the Revised Code. | 1479 |
(L) "State education aid" has the same meaning as in section | 1480 |
5751.20 of the Revised Code. | 1481 |
Sec. 3310.02. The parental choice and taxpayer savings | 1482 |
scholarship program is hereby established. Under the program, the | 1483 |
department of education annually shall award a scholarship in the | 1484 |
amount prescribed by section 3310.05 of the Revised Code, upon | 1485 |
application, to each eligible student. The scholarship shall be | 1486 |
used to pay all or part of the cost of tuition and fees for the | 1487 |
student to attend an eligible nonpublic school, and any remainder | 1488 |
of the scholarship amount shall be paid into an education savings | 1489 |
account for the student. The student may use the moneys in the | 1490 |
education savings account for the purposes prescribed by division | 1491 |
(B) of section 3310.10 of the Revised Code. | 1492 |
No student for whom a scholarship is awarded under sections | 1493 |
3310.41 or 3310.51 to 3310.64 of the Revised Code shall be awarded | 1494 |
a scholarship for the same school year under this section. | 1495 |
Sec. 3310.03. (A) Subject to the phase-in provisions of | 1496 |
division (B) of this section, to be eligible for a PACT | 1497 |
scholarship, a student must be entitled to attend school in a | 1498 |
school district and shall satisfy either of the following | 1499 |
conditions: | 1500 |
(1) The student's family annual income for the preceding tax | 1501 |
year as measured by the family's federal adjusted gross income, as | 1502 |
defined by the Internal Revenue Code, does not exceed an amount | 1503 |
equal to 2.5 times the income standard for a reduced-price lunch. | 1504 |
(2) The student received a scholarship, under either of the | 1505 |
following programs, for the school year immediately prior to the | 1506 |
school year in which the PACT scholarship program begins | 1507 |
operating: | 1508 |
(a) The pilot project scholarship program under former | 1509 |
sections 3313.974 to 3313.979 of the Revised Code; | 1510 |
(b) The educational choice scholarship pilot program under | 1511 |
sections 3310.01 to 3310.17 of the Revised Code, as those sections | 1512 |
existed prior to the effective date of this section. | 1513 |
(B) Unless the student qualifies for a PACT scholarship under | 1514 |
division (A)(2) of this section, a student who attended a | 1515 |
nonpublic school in Ohio during the school year immediately prior | 1516 |
to the first school year for which the PACT scholarship is sought | 1517 |
for the student shall be eligible for the scholarship only as | 1518 |
follows: | 1519 |
(1) For a scholarship for the 2011-2012 school year, the | 1520 |
student is applying for a scholarship to enter kindergarten. | 1521 |
(2) For a scholarship for the 2012-2013 school year, the | 1522 |
student is applying for a scholarship to enroll in any grade | 1523 |
kindergarten to four. | 1524 |
(3) For a scholarship for the 2013-2014 school year, the | 1525 |
student is applying for a scholarship to enroll in any grade | 1526 |
kindergarten to eight. | 1527 |
(4) For a scholarship for the 2014-2015 school year and each | 1528 |
school year thereafter, the student is applying for a scholarship | 1529 |
to enroll in any grade between kindergarten to twelve. | 1530 |
A student who did not attend a nonpublic school in Ohio | 1531 |
during the school year immediately prior to the first school year | 1532 |
for which the scholarship is sought for the student shall be | 1533 |
eligible for a scholarship for any school year to enroll in any | 1534 |
grade kindergarten to twelve. | 1535 |
(C) A student who receives a scholarship under the PACT | 1536 |
scholarship program remains an eligible student and may continue | 1537 |
to receive scholarships in subsequent school years until the | 1538 |
student completes the high school curriculum of an eligible | 1539 |
nonpublic school, so long as all of the following apply: | 1540 |
(1) The student is entitled to attend school in a school | 1541 |
district. | 1542 |
(2) The student's family annual income continues to meet the | 1543 |
requirements prescribed by division (A)(1) of this section, unless | 1544 |
the student is eligible for the scholarship under division (A)(2) | 1545 |
of this section. | 1546 |
(3) The student takes each assessment prescribed for the | 1547 |
student's grade level under section 3301.0710 or 3301.0712 of the | 1548 |
Revised Code while enrolled in an eligible nonpublic school; | 1549 |
(4) In each school year that the student is enrolled in an | 1550 |
eligible nonpublic school, the student is absent from school for | 1551 |
not more than twenty days that the school is open for instruction, | 1552 |
not including excused absences. | 1553 |
(d) A student who has received a PACT scholarship, but no | 1554 |
longer meets the requirements to be an eligible student under | 1555 |
division (C) of this section, may continue to use the moneys | 1556 |
accumulated in the student's education savings account in | 1557 |
accordance with section 3310.10 of the Revised Code. | 1558 |
(E) The state board of education shall adopt rules defining | 1559 |
excused absences for purposes of division (C)(4) of this section. | 1560 |
Sec. 3310.04. Any eligible student who is enrolled in | 1561 |
1562 | |
scholarship
| 1563 |
1564 | |
and from the | 1565 |
district in the manner prescribed in section 3327.01 of the | 1566 |
Revised Code. | 1567 |
Sec. 3310.05. (A) The scholarship amount awarded to an | 1568 |
eligible student under the PACT scholarship program shall be based | 1569 |
on the student's family annual income for the preceding tax year | 1570 |
as measured by the family's federal adjusted gross income, as | 1571 |
defined by the Internal Revenue Code. The scholarship amount shall | 1572 |
be as follows: | 1573 |
(1) For a student whose family annual income is less than or | 1574 |
equal to 1.5 times the income standard for a reduced-price lunch, | 1575 |
an amount equal to eighty per cent of the sum of the formula | 1576 |
amount plus the per pupil amount of the base funding supplements | 1577 |
specified in divisions (C)(1) to (4) of section 3317.012 of the | 1578 |
Revised Code for fiscal year 2009; | 1579 |
(2) For a student whose family annual income is greater than | 1580 |
1.5 times but less than or equal to 1.75 times the income standard | 1581 |
for a reduced-price lunch, an amount equal to seventy per cent of | 1582 |
the sum of the formula amount plus the per pupil amount of the | 1583 |
base funding supplements specified in divisions (C)(1) to (4) of | 1584 |
section 3317.012 of the Revised Code for fiscal year 2009; | 1585 |
(3) For a student whose family annual income is greater than | 1586 |
1.75 times but less than or equal to 2 times the income standard | 1587 |
for a reduced-price lunch, an amount equal to sixty per cent of | 1588 |
the sum of the formula amount plus the per pupil amount of the | 1589 |
base funding supplements specified in divisions (C)(1) to (4) of | 1590 |
section 3317.012 of the Revised Code for fiscal year 2009; | 1591 |
(4) For a student whose family annual income is greater than | 1592 |
2 times but less than or equal to 2.25 times the income standard | 1593 |
for a reduced-price lunch, an amount equal to fifty per cent of | 1594 |
the sum of the formula amount plus the per pupil amount of the | 1595 |
base funding supplements specified in divisions (C)(1) to (4) of | 1596 |
section 3317.012 of the Revised Code for fiscal year 2009; | 1597 |
(5) For a student whose family annual income is greater than | 1598 |
2.25 times but less than or equal to 2.5 times the income standard | 1599 |
for a reduced-price lunch, an amount equal to forty per cent of | 1600 |
the sum of the formula amount plus the per pupil amount of the | 1601 |
base funding supplements specified in divisions (C)(1) to (4) of | 1602 |
section 3317.012 of the Revised Code for fiscal year 2009; | 1603 |
(6) For a student whose family annual income is greater than | 1604 |
2.5 times the income standard for a reduced-price lunch but who | 1605 |
qualifies for a scholarship under division (A)(2) of section | 1606 |
3310.03 of the Revised Code, an amount equal to forty per cent of | 1607 |
the sum of the formula amount plus the per pupil amount of the | 1608 |
base funding supplements specified in divisions (C)(1) to (4) of | 1609 |
section 3317.012 of the Revised Code for fiscal year 2009. | 1610 |
Sec. 3310.06. It is the policy adopted by the general | 1611 |
assembly that the | 1612 |
program shall be construed as one of several educational options | 1613 |
available for eligible Ohio students | 1614 |
1615 | |
enrolled in the schools of the student's resident district, in a | 1616 |
community school established under Chapter 3314. of the Revised | 1617 |
Code, in the schools of another school district pursuant to an | 1618 |
open enrollment policy adopted under section 3313.98 of the | 1619 |
Revised Code, in a | 1620 |
scholarship under the | 1621 |
program, or in other schools as the law may provide. | 1622 |
Sec. 3310.07. Any parent, or any student who is at least | 1623 |
eighteen years of age, who is seeking a scholarship under the | 1624 |
1625 | |
department of education of the student's and parent's names and | 1626 |
address, the
| 1627 |
student has been accepted for enrollment, and the tuition and fees | 1628 |
charged by the school. | 1629 |
Sec. 3310.08. (A) Except for an excess amount paid into the | 1630 |
student's education savings account, if applicable, the department | 1631 |
of education shall pay the amount of each scholarship awarded | 1632 |
under the PACT scholarship program on a periodic basis determined | 1633 |
by the department to the eligible student's parent or to the | 1634 |
student, if at least eighteen years of age. If the scholarship | 1635 |
amount exceeds the amount of tuition and fees charged by the | 1636 |
eligible nonpublic school the student attends with the | 1637 |
scholarship, as reported under section 3310.07 of the Revised | 1638 |
Code, the department shall pay the excess amount into an education | 1639 |
savings account established for the student under section 3310.10 | 1640 |
of the Revised Code. Payments into the student's education savings | 1641 |
account shall be made at the end of the school year for which the | 1642 |
scholarship is awarded, and only if the student is enrolled in an | 1643 |
eligible nonpublic school using the scholarship at the end of the | 1644 |
school year. | 1645 |
(B) The department shall proportionately reduce or terminate | 1646 |
the payments for any student who, prior to the end of the school | 1647 |
year, withdraws from an eligible nonpublic school and does not | 1648 |
reenroll in another eligible nonpublic school using the | 1649 |
scholarship. | 1650 |
(C)(1) The department shall deduct the scholarship amount | 1651 |
from the state education aid payments and, if necessary, from the | 1652 |
payments under sections 321.24 and 323.156 of the Revised Code, | 1653 |
made to each school district for each eligible student awarded a | 1654 |
PACT scholarship who is entitled to attend school in the district. | 1655 |
(2) If the department reduces or terminates payments to a | 1656 |
parent or a student, as prescribed in division (B) of this | 1657 |
section, and the student enrolls in the schools of the student's | 1658 |
resident district, or in a community school established under | 1659 |
Chapter 3314. of the Revised Code, before the end of the school | 1660 |
year, the department shall proportionately restore to the resident | 1661 |
district the amount deducted for that student under division | 1662 |
(C)(1) of this section. | 1663 |
(D) In the case of any school district from which a deduction | 1664 |
is made under division (C) of this section, the department shall | 1665 |
disclose on the district's SF-3 form, PASS form, or any successor | 1666 |
to those forms used to calculate a district's state funding for | 1667 |
operating expenses, the following: | 1668 |
1669 | |
1670 | |
1671 | |
1672 | |
1673 | |
Where: | 1674 |
(1) "Amount per pupil of state funds" means the district's | 1675 |
state education aid divided by its formula ADM. | 1676 |
(2) "Tax revenue per pupil" means the amount computed for the | 1677 |
district under division (A) of section 3317.08 of the Revised | 1678 |
Code. | 1679 |
(3) "Formula ADM" has the same meaning as in section 3317.02 | 1680 |
of the Revised Code. | 1681 |
The amount shown on the form as prescribed by this division | 1682 |
is the total amount of state and district funds generated by the | 1683 |
district's PACT scholarship students less the total amount of | 1684 |
scholarships deducted for those students. | 1685 |
Sec. 3310.09. (A) A nonpublic school shall not receive | 1686 |
payments from a parent or student who is paid a scholarship under | 1687 |
the PACT scholarship program unless it is designated an eligible | 1688 |
nonpublic school, by satisfying one of the following conditions: | 1689 |
(1) The school is a chartered nonpublic school that has | 1690 |
registered with the superintendent of public instruction the | 1691 |
school's intent to accept scholarship students under the program | 1692 |
and its agreement to comply with the requirements of sections | 1693 |
3310.01 to 3310.18 of the Revised Code. | 1694 |
(2) The school is an approved nonpublic school that has | 1695 |
registered with the state superintendent the school's intent to | 1696 |
accept scholarship students under the program and its agreement to | 1697 |
comply with the requirements of sections 3310.01 to 3310.18 of the | 1698 |
Revised Code. | 1699 |
As used in this section, an "approved nonpublic school" means | 1700 |
a nonpublic school that meets both of the following conditions: | 1701 |
(a) The school is in the process of becoming a chartered | 1702 |
nonpublic school and has received a preliminary approval to | 1703 |
operate from the state board of education within the past three | 1704 |
years. | 1705 |
(b) The school files with the state superintendent prior to | 1706 |
the start of the school year one of the following: | 1707 |
(i) A surety bond payable to the state or a letter of credit | 1708 |
with the state as the beneficiary in an amount equal to one-half | 1709 |
of the amount of the scholarship funds under this division | 1710 |
expected to be received during the school year, as determined by | 1711 |
the state superintendent; | 1712 |
(ii) A guarantee in the amount of one million dollars from a | 1713 |
person or organization with a net worth of at least five million | 1714 |
dollars which shall be demonstrated to the satisfaction of the | 1715 |
auditor of state. | 1716 |
(B) To maintain its eligibility to participate in the | 1717 |
program, an eligible nonpublic school annually shall do all of the | 1718 |
following: | 1719 |
(1) Communicate to the department of education the tuition | 1720 |
structure for the school, including all discounts and other | 1721 |
tuition adjustments to which a student may be entitled; | 1722 |
(2) Present to the parent of each student awarded a | 1723 |
scholarship under the program, or the student if at least eighteen | 1724 |
years of age, a statement detailing the tuition and required | 1725 |
student fees that will be subject to payment from the student's | 1726 |
scholarship amount; | 1727 |
(3) Administer the state achievement assessments as | 1728 |
prescribed by section 3310.14 of the Revised Code. | 1729 |
(4) Withdraw from the school any scholarship student as soon | 1730 |
as a determination is made that the student will no longer attend | 1731 |
the school. Withdrawal shall be recorded as the last date that the | 1732 |
student attended classes. | 1733 |
(C) An approved nonpublic school shall be subject to sections | 1734 |
3319.39, 3319.391, and 3319.392 of the Revised Code in the same | 1735 |
manner as a chartered nonpublic school. | 1736 |
Sec. 3310.10. (A) The treasurer of state shall adopt rules, | 1737 |
in accordance with Chapter 119. of the Revised Code, prescribing | 1738 |
procedures for the establishment of an education savings account | 1739 |
for each student attending an eligible nonpublic school with a | 1740 |
scholarship under the PACT scholarship program and for whom an | 1741 |
excess amount has been determined under section 3310.08 of the | 1742 |
Revised Code. Once the account is established, the department of | 1743 |
education shall pay the excess amount, determined under section | 1744 |
3310.08 of the Revised Code, into the account. Each account shall | 1745 |
be in the custody of the treasurer of state, but shall not be in | 1746 |
the state treasury. The moneys in each account shall be held in | 1747 |
trust for the benefit of the student. | 1748 |
Interest accrued on moneys in each student's account shall be | 1749 |
credited to the parental choice and taxpayer savings scholarship | 1750 |
program support fund established under section 3310.18 of the | 1751 |
Revised Code. | 1752 |
The rules shall prescribe procedures for the administration | 1753 |
of and for the disbursement of moneys from each student's | 1754 |
education savings account. | 1755 |
(B) Moneys in a student's account may be withdrawn by the | 1756 |
student's parent, or the student if at least eighteen years of | 1757 |
age, for any of the following: | 1758 |
(1) Tuition and fees at an eligible nonpublic school for any | 1759 |
future school years; | 1760 |
(2) Textbooks required by any eligible nonpublic school or | 1761 |
any college. | 1762 |
(3) Tuition and fees for enrollment in a college. | 1763 |
(4) Fees for national norm-referenced examinations, advanced | 1764 |
placement examinations, and any examinations related to | 1765 |
application for admission to a college. | 1766 |
(C) The treasurer of state shall maintain each account as | 1767 |
long as there are moneys in the account unless either of the | 1768 |
following occurs: | 1769 |
(1) The student reaches twenty-five years of age. | 1770 |
(2) The student dies before reaching twenty-five years of | 1771 |
age. | 1772 |
Moneys in a student's account upon the occurrence of either | 1773 |
of the conditions described in divisions (C)(1) and (2) of this | 1774 |
section shall be transferred to the parental choice and taxpayer | 1775 |
savings scholarship program support fund. | 1776 |
(D) At least annually, the treasurer of state shall report to | 1777 |
the governor and the general assembly, in accordance with section | 1778 |
101.68 of the Revised Code, the total amount of interest credited | 1779 |
to the parental choice and taxpayer savings scholarship program | 1780 |
support fund under division (A) of this section and the total | 1781 |
amount of moneys from students' education savings accounts | 1782 |
transferred to that fund under division (C) of this section. | 1783 |
Sec. 3310.11. (A) Only for the purpose of administering the | 1784 |
1785 | |
of education may request from any of the following entities the | 1786 |
data verification code assigned under division (D)(2) of section | 1787 |
3301.0714 of the Revised Code to any student who is seeking a | 1788 |
scholarship under the program: | 1789 |
(1) The student's resident district; | 1790 |
(2) If applicable, the community school in which that student | 1791 |
is enrolled; | 1792 |
(3) The independent contractor engaged to create and maintain | 1793 |
student data verification codes. | 1794 |
(B) Upon a request by the department under division (A) of | 1795 |
this section for the data verification code of a student seeking a | 1796 |
scholarship or a request by the student's parent for that code, | 1797 |
the school district or community school shall submit that code to | 1798 |
the department or parent in the manner specified by the | 1799 |
department. If the student has not been assigned a code, because | 1800 |
the student will be entering kindergarten during the school year | 1801 |
for which the scholarship is sought, the district shall assign a | 1802 |
code to that student and submit the code to the department or | 1803 |
parent by a date specified by the department. If the district does | 1804 |
not assign a code to the student by the specified date, the | 1805 |
department shall assign a code to that student. | 1806 |
The department annually shall submit to each school district | 1807 |
the name and data verification code of each student residing in | 1808 |
the district who is entering kindergarten, who has been awarded a | 1809 |
scholarship under the program, and for whom the department has | 1810 |
assigned a code under this division. | 1811 |
(C) For the purpose of administering the applicable | 1812 |
assessments prescribed under sections 3301.0710 and 3301.0712 of | 1813 |
the Revised Code, as required by section 3310.14 of the Revised | 1814 |
Code, the department shall provide to each | 1815 |
nonpublic school that enrolls a scholarship student the data | 1816 |
verification code for that student. | 1817 |
(D) The department and each | 1818 |
receives a data verification code under this section shall not | 1819 |
release that code to any person except as provided by law. | 1820 |
Any document relative to this program that the department | 1821 |
holds in its files that contains both a student's name or other | 1822 |
personally identifiable information and the student's data | 1823 |
verification code shall not be a public record under section | 1824 |
149.43 of the Revised Code. | 1825 |
Sec. 3310.12. Except as provided in division (D) of section | 1826 |
3310.11 of the Revised Code, documents relative to the | 1827 |
1828 | |
education holds in its files are public records under section | 1829 |
149.43 of the Revised Code and may be released pursuant to that | 1830 |
section subject to the provisions of section 3319.321 of the | 1831 |
Revised Code and the "Family Educational Rights and Privacy Act of | 1832 |
1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended. | 1833 |
Sec. 3310.13. (A) Eligible nonpublic schools under the PACT | 1834 |
scholarship program are authorized to file scholarship | 1835 |
applications on behalf of eligible students and their parents, if | 1836 |
so designated in writing by the student's parent, or the student | 1837 |
if at least eighteen years of age. In no case shall any financial | 1838 |
charge be made to the applicant for application assistance. | 1839 |
(B) No eligible nonpublic school shall charge an eligible | 1840 |
student tuition and fees that exceed the cost of providing the | 1841 |
education to the student. When determining the appropriate tuition | 1842 |
to charge an eligible student under the program, an eligible | 1843 |
nonpublic school shall apply any tuition discounts or rates to | 1844 |
which the student is entitled including, but not limited to, | 1845 |
discounts for siblings in the same school or discounts for the | 1846 |
child of a school employee. | 1847 |
(C) An eligible nonpublic school, pursuant to its own policy, | 1848 |
may treat the amount of a PACT scholarship as a parental resource | 1849 |
and consider its value before awarding any institutional financial | 1850 |
aid. | 1851 |
Sec. 3310.14. Notwithstanding division (K) of section | 1852 |
3301.0711 of the Revised Code, each | 1853 |
school that enrolls students awarded scholarships under sections | 1854 |
3310.01 to | 1855 |
administer the assessments prescribed by section 3301.0710 or | 1856 |
3301.0712 of the Revised Code to each scholarship student enrolled | 1857 |
in the school in accordance with section 3301.0711 of the Revised | 1858 |
Code. Each
| 1859 |
department of education the results of each assessment | 1860 |
administered to each scholarship student under this section. | 1861 |
Nothing in this section requires a | 1862 |
to administer any achievement assessment, except for an Ohio | 1863 |
graduation test prescribed by division (B)(1) of section 3301.0710 | 1864 |
of the Revised Code, as required by section 3313.612 of the | 1865 |
Revised Code, to any student enrolled in the school who is not a | 1866 |
scholarship student. | 1867 |
Sec. 3310.15. (A) The department of education annually shall | 1868 |
compile the scores attained by scholarship students to whom an | 1869 |
assessment is administered under section 3310.14 of the Revised | 1870 |
Code. The scores shall be aggregated as follows: | 1871 |
(1) By state, which shall include all students awarded a | 1872 |
scholarship under the | 1873 |
program and who were required to take an assessment under section | 1874 |
3310.14 of the Revised Code; | 1875 |
(2) By school district, which shall include all scholarship | 1876 |
students who were required to take an assessment under section | 1877 |
3310.14 of the Revised Code and for whom the district is the | 1878 |
student's resident district; | 1879 |
(3) By | 1880 |
include all scholarship students enrolled in that school who were | 1881 |
required to take an assessment under section 3310.14 of the | 1882 |
Revised Code. | 1883 |
(B) The department shall disaggregate the student performance | 1884 |
data described in division (A) of this section according to the | 1885 |
following categories: | 1886 |
(1) Age; | 1887 |
(2) Race and ethnicity; | 1888 |
(3) Gender; | 1889 |
(4) Students who have participated in the scholarship program | 1890 |
for three or more years; | 1891 |
(5) Students who have participated in the scholarship program | 1892 |
for more than one year and less than three years; | 1893 |
(6) Students who have participated in the scholarship program | 1894 |
for one year or less; | 1895 |
(7) Economically disadvantaged students. | 1896 |
(C) To the greatest extent possible, when computing student | 1897 |
performance data under divisions (A) and (B) of this section, the | 1898 |
department shall include student performance growth using the | 1899 |
value-added progress dimension as prescribed by section 3302.021 | 1900 |
of the Revised Code. | 1901 |
(D) The department shall post the student performance data | 1902 |
required under divisions (A) | 1903 |
its web site and, by the first day of February each year, shall | 1904 |
distribute that data to the parent of each eligible student. In | 1905 |
reporting student performance data under this division, the | 1906 |
department shall not include any data that is statistically | 1907 |
unreliable or that could result in the identification of | 1908 |
individual students. For this purpose, the department shall not | 1909 |
report performance data for any group that contains less than ten | 1910 |
students. | 1911 |
| 1912 |
scholarship student with information comparing the student's | 1913 |
performance on the assessments administered under section 3310.14 | 1914 |
of the Revised Code with the average performance of similar | 1915 |
students enrolled in the building operated by the student's | 1916 |
resident district that the scholarship student would otherwise | 1917 |
attend. In calculating the performance of similar students, the | 1918 |
department shall consider age, grade, race and ethnicity, gender, | 1919 |
and socioeconomic status. | 1920 |
(F) Only to the extent and in the manner authorized by the | 1921 |
"Family Educational Rights and Privacy Act of 1974," as amended, | 1922 |
20 U.S.C. 1232g, the department shall afford independent research | 1923 |
organizations that are part of or formally affiliated with public | 1924 |
or private universities accredited by a regional accreditation | 1925 |
agency approved by the United States department of education | 1926 |
access to student assessment scores and performance data for the | 1927 |
purpose of conducting longitudinal analysis of PACT scholarship | 1928 |
student performance. Any data released to a research organization | 1929 |
under this division shall not be used to disclose the academic | 1930 |
level of individual students. | 1931 |
Sec. 3310.16. Any document relative to the former | 1932 |
educational choice scholarship pilot program, operated under | 1933 |
sections 3310.01 to 3310.17 of the Revised Code as those sections | 1934 |
existed prior to the effective date of this section, or the former | 1935 |
pilot project scholarship program, operated under former sections | 1936 |
3313.974 to 3313.979 of the Revised Code, that the department of | 1937 |
education holds in its files that contains both a student's name | 1938 |
or other personally identifiable information and the student's | 1939 |
data verification code shall not be a public record under section | 1940 |
149.43 of the Revised Code. | 1941 |
Sec. 3310.17. (A) The state board of education shall adopt | 1942 |
rules in accordance with Chapter 119. of the Revised Code | 1943 |
prescribing procedures for the administration of the | 1944 |
1945 | |
program. | 1946 |
(B) The state board and the department of education shall not | 1947 |
require | 1948 |
education laws or rules or other requirements that are not | 1949 |
specified in sections 3310.01 to 3310.17 of the Revised Code or in | 1950 |
rules necessary for the administration of the program, adopted | 1951 |
under division (A) of this section, and that otherwise would not | 1952 |
apply to | 1953 |
Sec. 3310.18. The parental choice and taxpayer savings | 1954 |
scholarship program support fund is hereby established in the | 1955 |
state treasury. The fund shall consist of moneys credited or | 1956 |
transferred from student education savings accounts in the manner | 1957 |
prescribed by section 3310.10 of the Revised Code. Moneys in the | 1958 |
fund shall be used by the department of education to support | 1959 |
administration of the parental choice and taxpayer savings | 1960 |
scholarship program. | 1961 |
Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the | 1962 |
Revised Code: | 1963 |
(A) "Alternative public provider" means either of the | 1964 |
following providers that agrees to enroll a child in the | 1965 |
provider's special education program to implement the child's | 1966 |
individualized education program and to which the eligible | 1967 |
applicant owes fees for the services provided to the child: | 1968 |
(1) A school district that is not the school district in | 1969 |
which the child is entitled to attend school or the child's school | 1970 |
district of residence, if different; | 1971 |
(2) A public entity other than a school district. | 1972 |
(B) "Child with a disability" and "individualized education | 1973 |
program" have the same meanings as in section 3323.01 of the | 1974 |
Revised Code. | 1975 |
(C) "Eligible applicant" means any of the following: | 1976 |
(1) Either of the natural or adoptive parents of a qualified | 1977 |
special education child, except as otherwise specified in this | 1978 |
division. When the marriage of the natural or adoptive parents of | 1979 |
the student has been terminated by a divorce, dissolution of | 1980 |
marriage, or annulment, or when the natural or adoptive parents of | 1981 |
the student are living separate and apart under a legal separation | 1982 |
decree, and a court has issued an order allocating the parental | 1983 |
rights and responsibilities with respect to the child, "eligible | 1984 |
applicant" means the residential parent as designated by the | 1985 |
court. If the court issues a shared parenting decree, "eligible | 1986 |
applicant" means either parent. "Eligible applicant" does not mean | 1987 |
a parent whose custodial rights have been terminated. | 1988 |
(2) The custodian of a qualified special education child, | 1989 |
when a court has granted temporary, legal, or permanent custody of | 1990 |
the child to an individual other than either of the natural or | 1991 |
adoptive parents of the child or to a government agency; | 1992 |
(3) The guardian of a qualified special education child, when | 1993 |
a court has appointed a guardian for the child; | 1994 |
(4) The grandparent of a qualified special education child, | 1995 |
when the grandparent is the child's attorney in fact under a power | 1996 |
of attorney executed under sections 3109.51 to 3109.62 of the | 1997 |
Revised Code or when the grandparent has executed a caregiver | 1998 |
authorization affidavit under sections 3109.65 to 3109.73 of the | 1999 |
Revised Code; | 2000 |
(5) The surrogate parent appointed for a qualified special | 2001 |
education child pursuant to division (B) of section 3323.05 and | 2002 |
section 3323.051 of the Revised Code; | 2003 |
(6) A qualified special education child, if the child does | 2004 |
not have a custodian or guardian and the child is at least | 2005 |
eighteen years of age. | 2006 |
(D) "Entitled to attend school" means entitled to attend | 2007 |
school in a school district under sections 3313.64 and 3313.65 of | 2008 |
the Revised Code. | 2009 |
(E) "Formula ADM" and "formula amount" have the same meanings | 2010 |
as in section 3317.02 of the Revised Code. | 2011 |
(F) "Qualified special education child" is a child for whom | 2012 |
all of the following conditions apply: | 2013 |
(1) The child is at least five years of age and less than | 2014 |
twenty-two years of age. | 2015 |
(2) The school district in which the child is entitled to | 2016 |
attend school, or the child's school district of residence if | 2017 |
different, has identified the child as a child with a disability. | 2018 |
(3) The school district in which the child is entitled to | 2019 |
attend school, or the child's school district of residence if | 2020 |
different, has developed an individualized education program under | 2021 |
Chapter 3323. of the Revised Code for the child. | 2022 |
(4) The child either: | 2023 |
(a) Was enrolled in the schools of the school district in | 2024 |
which the child is entitled to attend school in any grade from | 2025 |
kindergarten through twelve in the school year prior to the school | 2026 |
year in which a scholarship is first sought for the child; | 2027 |
(b) Is eligible to enter school in any grade kindergarten | 2028 |
through twelve in the school district in which the child is | 2029 |
entitled to attend school in the school year in which a | 2030 |
scholarship is first sought for the child. | 2031 |
(5) The department of education has not approved a | 2032 |
scholarship for the child under the parental choice and taxpayer | 2033 |
savings scholarship program, under sections 3310.01 to 3310.18 of | 2034 |
the Revised Code, or the autism scholarship program, under section | 2035 |
3310.41 of the Revised Code, for the same school year in which a | 2036 |
scholarship under the special education scholarship program is | 2037 |
sought. | 2038 |
(6) The child and the child's parents are in compliance with | 2039 |
the state compulsory attendance law under Chapter 3321. of the | 2040 |
Revised Code. | 2041 |
(G) "Registered private provider" means a nonpublic school or | 2042 |
other nonpublic entity that has been registered by the | 2043 |
superintendent of public instruction under section 3310.58 of the | 2044 |
Revised Code. | 2045 |
(H) "Scholarship" means a scholarship awarded under the | 2046 |
special education scholarship program pursuant to sections 3310.51 | 2047 |
to 3310.64 of the Revised Code. | 2048 |
(I) "School district of residence" has the same meaning as in | 2049 |
section 3323.01 of the Revised Code. A community school | 2050 |
established under Chapter 3314. of the Revised Code is not a | 2051 |
"school district of residence" for purposes of sections 3310.51 to | 2052 |
3310.64 of the Revised Code. | 2053 |
(J) "School year" has the same meaning as in section 3313.62 | 2054 |
of the Revised Code. | 2055 |
(K) "Special education program" means a school or facility | 2056 |
that provides special education and related services to children | 2057 |
with disabilities. | 2058 |
Sec. 3310.52. (A) The special education scholarship program | 2059 |
is hereby established. Under the program, subject to division (B) | 2060 |
of this section, the department of education annually shall pay a | 2061 |
scholarship to an eligible applicant for services provided by an | 2062 |
alternative public provider or a registered private provider for a | 2063 |
qualified special education child. The scholarship shall be used | 2064 |
only to pay all or part of the fees for the child to attend the | 2065 |
special education program operated by the alternative public | 2066 |
provider or registered private provider to implement the child's | 2067 |
individualized education program, in lieu of the child's attending | 2068 |
the special education program operated by the school district in | 2069 |
which the child is entitled to attend school, and other services | 2070 |
agreed to by the provider and eligible applicant that are not | 2071 |
included in the individualized education program but are | 2072 |
associated with educating the child. Upon agreement with the | 2073 |
eligible applicant, the alternative public provider or registered | 2074 |
private provider may modify the services provided to the child. | 2075 |
(B) The number of scholarships awarded under the program in | 2076 |
any fiscal year shall not exceed five per cent of the total number | 2077 |
of students residing in the state identified as children with | 2078 |
disabilities during the previous fiscal year. | 2079 |
(C) No scholarship or renewal of a scholarship shall be | 2080 |
awarded to an eligible applicant on behalf of a qualified special | 2081 |
education child for the next school year, unless on or before the | 2082 |
application deadline the eligible applicant completes the | 2083 |
application for the scholarship or renewal, in the manner | 2084 |
prescribed by the department, and notifies the school district in | 2085 |
which the child is entitled to attend school that the eligible | 2086 |
applicant has applied for the scholarship or renewal. | 2087 |
The application deadline for academic terms that begin | 2088 |
between the first day of July and the thirty-first day of December | 2089 |
shall be the fifteenth day of April that precedes the first day of | 2090 |
instruction. The application deadline for academic terms that | 2091 |
begin between the first day of January and the thirtieth day of | 2092 |
June shall be the fifteenth day of November that precedes the | 2093 |
first day of instruction. | 2094 |
Sec. 3310.521. (A) As a condition of receiving payments for a | 2095 |
scholarship, each eligible applicant shall attest to receipt of | 2096 |
the profile prescribed by division (B) of this section. Such | 2097 |
attestation shall be made and submitted to the department of | 2098 |
education in the form and manner as required by the department. | 2099 |
(B) The alternative public provider or registered private | 2100 |
provider that enrolls a qualified special education child shall | 2101 |
submit in writing to the eligible applicant to whom a scholarship | 2102 |
is awarded on behalf of that child a profile of the provider's | 2103 |
special education program, in a form as prescribed by the | 2104 |
department, that shall contain the following: | 2105 |
(1) Methods of instruction that will be utilized by the | 2106 |
provider to provide services to the qualified special education | 2107 |
child; | 2108 |
(2) Qualifications of teachers, instructors, and other | 2109 |
persons who will be engaged by the provider to provide services to | 2110 |
the qualified special education child. | 2111 |
Sec. 3310.53. (A) Except for development of the child's | 2112 |
individualized education program, as specified in division (B) of | 2113 |
this section, the school district in which a qualified special | 2114 |
education child is entitled to attend school and the child's | 2115 |
school district of residence, if different, are not obligated to | 2116 |
provide the child with a free appropriate public education under | 2117 |
Chapter 3323. of the Revised Code for as long as the child | 2118 |
continues to attend the special education program operated by | 2119 |
either an alternative public provider or a registered private | 2120 |
provider for which a scholarship is awarded under the special | 2121 |
education scholarship program. If at any time, the eligible | 2122 |
applicant for the child decides no longer to accept scholarship | 2123 |
payments and enrolls the child in the special education program of | 2124 |
the school district in which the child is entitled to attend | 2125 |
school, that district shall provide the child with a free | 2126 |
appropriate public education under Chapter 3323. of the Revised | 2127 |
Code. | 2128 |
(B) Each eligible applicant and each qualified special | 2129 |
education child have a continuing right to the development of an | 2130 |
individualized education program for the child that complies with | 2131 |
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and | 2132 |
administrative rules or guidelines adopted by the Ohio department | 2133 |
of education or the United States department of education. The | 2134 |
school district in which a qualified special education child is | 2135 |
entitled to attend school, or the child's school district of | 2136 |
residence if different, shall develop each individualized | 2137 |
education program for the child in accordance with those | 2138 |
provisions. | 2139 |
(C) Each school district shall notify an eligible applicant | 2140 |
of the applicant's and qualified special education child's rights | 2141 |
under sections 3310.51 to 3310.64 of the Revised Code by providing | 2142 |
to each eligible applicant the comparison document prescribed in | 2143 |
section 3323.052 of the Revised Code. An eligible applicant's | 2144 |
receipt of that document, as acknowledged in a format prescribed | 2145 |
by the department of education, shall constitute notice that the | 2146 |
eligible applicant has been informed of those rights. Upon receipt | 2147 |
of that document, subsequent acceptance of a scholarship | 2148 |
constitutes the eligible applicant's informed consent to the | 2149 |
provisions of sections 3310.51 to 3310.64 of the Revised Code. | 2150 |
Sec. 3310.54. A qualified special education child in any of | 2151 |
grades kindergarten through twelve for whom a scholarship is | 2152 |
awarded under the special education scholarship program shall be | 2153 |
counted in the formula ADM and category one through six special | 2154 |
education ADM, as appropriate, of the school district in which the | 2155 |
child is entitled to attend school. A qualified special education | 2156 |
child shall not be counted in the formula ADM or category one | 2157 |
through six special education ADM of any other school district. | 2158 |
Sec. 3310.55. The department of education shall deduct from | 2159 |
a school district's state education aid, as defined in section | 2160 |
3317.02 of the Revised Code, and if necessary, from its payment | 2161 |
under sections 321.24 and 323.156 of the Revised Code, the | 2162 |
aggregate amount of scholarships paid under section 3310.57 of the | 2163 |
Revised Code for qualified special education children included in | 2164 |
the formula ADM and the category one through six special education | 2165 |
ADM of that school district. | 2166 |
Sec. 3310.56. (A) The amount of the scholarship awarded and | 2167 |
paid to an eligible applicant for services for a qualified special | 2168 |
education child under the special education scholarship program in | 2169 |
each school year shall be the lesser of the following: | 2170 |
(1) The amount of fees charged for that school year by the | 2171 |
alternative public provider or registered private provider; | 2172 |
(2) The sum of the amounts calculated under divisions | 2173 |
(A)(2)(a) and (b) of this section: | 2174 |
(a) The sum of the formula amount plus the per pupil amount | 2175 |
of the base funding supplements specified in divisions (C)(1) to | 2176 |
(4) of section 3317.012 of the Revised Code for fiscal year 2009; | 2177 |
(b) The formula amount times the following multiple | 2178 |
prescribed for the child's disability: | 2179 |
(i) For a student in category one, 0.2892; | 2180 |
(ii) For a student in category two, 0.3691; | 2181 |
(iii) For a student in category three, 1.7695; | 2182 |
(iv) For a student in category four, 2.3646; | 2183 |
(v) For a student in category five, 3.1129; | 2184 |
(vi) For a student in category six, 4.7342. | 2185 |
Before applying the multiples specified in divisions | 2186 |
(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted | 2187 |
by multiplying them by 0.80. | 2188 |
(B) As used in division (A)(2)(b) of this section, a child | 2189 |
with a disability is in: | 2190 |
(1) "Category one" if the child's primary or only identified | 2191 |
disability is a speech and language disability, as this term is | 2192 |
defined pursuant to Chapter 3323. of the Revised Code; | 2193 |
(2) "Category two" if the child is identified as specific | 2194 |
learning disabled or developmentally disabled, as these terms are | 2195 |
defined pursuant to Chapter 3323. of the Revised Code, or as | 2196 |
having an other health impairment-minor, as defined in section | 2197 |
3306.02 of the Revised Code; | 2198 |
(3) "Category three" if the child is identified as vision | 2199 |
impaired, hearing disabled, or severe behavior disabled, as these | 2200 |
terms are defined pursuant to Chapter 3323. of the Revised Code; | 2201 |
(4) "Category four" if the child is identified as | 2202 |
orthopedically disabled, as this term is defined pursuant to | 2203 |
Chapter 3323. of the Revised Code, or as having an other health | 2204 |
impairment-major, as defined in section 3306.02 of the Revised | 2205 |
Code; | 2206 |
(5) "Category five" if the child is identified as having | 2207 |
multiple disabilities, as this term is defined pursuant to Chapter | 2208 |
3323. of the Revised Code; | 2209 |
(6) "Category six" if the child is identified as autistic, | 2210 |
having traumatic brain injuries, or both visually and hearing | 2211 |
impaired, as these terms are defined pursuant to Chapter 3323. of | 2212 |
the Revised Code. | 2213 |
Sec. 3310.57. The department of education shall make | 2214 |
periodic payments to an eligible applicant for services for each | 2215 |
qualified special education child for whom a scholarship has been | 2216 |
awarded. The total of all payments made to an applicant in each | 2217 |
school year shall not exceed the amount calculated for the child | 2218 |
under section 3310.56 of the Revised Code. | 2219 |
The department shall proportionately reduce the scholarship | 2220 |
amount in the case of a child who is not enrolled in the special | 2221 |
education program of an alternative public provider or a | 2222 |
registered private provider for the entire school year. | 2223 |
In accordance with division (A) of section 3310.62 of the | 2224 |
Revised Code, the department shall make no payments to an | 2225 |
applicant for a first-time scholarship for a qualified special | 2226 |
education child while any administrative or judicial mediation or | 2227 |
proceedings with respect to the content of the child's | 2228 |
individualized education program are pending. | 2229 |
Sec. 3310.58. No nonpublic school or entity shall receive | 2230 |
payments from an eligible applicant for services for a qualified | 2231 |
special education child under the special education scholarship | 2232 |
program until the school or entity registers with the | 2233 |
superintendent of public instruction. The superintendent shall | 2234 |
register and designate as a registered private provider any | 2235 |
nonpublic school or entity that meets the following requirements: | 2236 |
(A) The school or entity complies with the antidiscrimination | 2237 |
provisions of 42 U.S.C. 2000d, regardless of whether the school or | 2238 |
entity receives federal financial assistance. | 2239 |
(B) If the school or entity is not chartered by the state | 2240 |
board under section 3301.16 of the Revised Code, the school or | 2241 |
entity agrees to comply with sections 3319.39, 3319.391, and | 2242 |
3319.392 of the Revised Code as if it were a school district. | 2243 |
(C) The school or entity meets applicable health and safety | 2244 |
standards established by law. | 2245 |
(D) The school or entity agrees to retain on file | 2246 |
documentation as required by the department of education. | 2247 |
(E) The school or entity agrees to provide a record of the | 2248 |
implementation of the individualized education program for each | 2249 |
qualified special education child enrolled in the school's or | 2250 |
entity's special education program, including evaluation of the | 2251 |
child's progress, to the school district in which the child is | 2252 |
entitled to attend school, in the form and manner prescribed by | 2253 |
the department. | 2254 |
(F) The school or entity agrees that, if it declines to | 2255 |
enroll a particular qualified special education child, it will | 2256 |
notify in writing the eligible applicant of its reasons for | 2257 |
declining to enroll the child. | 2258 |
Sec. 3310.59. The superintendent of public instruction shall | 2259 |
revoke the registration of any school or entity if, after a | 2260 |
hearing, the superintendent determines that the school or entity | 2261 |
is in violation of any provision of section 3310.58 of the Revised | 2262 |
Code. | 2263 |
Sec. 3310.60. A qualified special education child attending | 2264 |
a special education program at an alternative public provider or a | 2265 |
registered private provider with a scholarship shall be entitled | 2266 |
to transportation to and from that program in the manner | 2267 |
prescribed by law for any child with a disability attending a | 2268 |
nonpublic special education program. | 2269 |
Sec. 3310.61. An eligible applicant on behalf of a child who | 2270 |
currently attends a public special education program under a | 2271 |
contract, compact, or other bilateral agreement, or on behalf of a | 2272 |
child who currently attends a community school, shall not be | 2273 |
prohibited from applying for and accepting a scholarship so that | 2274 |
the applicant may withdraw the child from that program or | 2275 |
community school and use the scholarship for the child to attend a | 2276 |
special education program operated by an alternative public | 2277 |
provider or a registered private provider. | 2278 |
Sec. 3310.62. (A) A scholarship under the special education | 2279 |
scholarship program shall not be awarded for the first time to an | 2280 |
eligible applicant on behalf of a qualified special education | 2281 |
child while the child's individualized education program is being | 2282 |
developed by the school district in which the child is entitled to | 2283 |
attend school, or by the child's school district of residence if | 2284 |
different, or while any administrative or judicial mediation or | 2285 |
proceedings with respect to the content of that individualized | 2286 |
education program are pending. | 2287 |
(B) Development of individualized education programs | 2288 |
subsequent to the one developed for the child the first time a | 2289 |
scholarship was awarded on behalf of the child and the | 2290 |
prosecuting, by the eligible applicant on behalf of the child, of | 2291 |
administrative or judicial mediation or proceedings with respect | 2292 |
to any of those subsequent individualized education programs do | 2293 |
not affect the applicant's and the child's continued eligibility | 2294 |
for scholarship payments. | 2295 |
(C) In the case of any child for whom a scholarship has been | 2296 |
awarded, if the school district in which the child is entitled to | 2297 |
attend school has agreed to provide some services for the child | 2298 |
under an agreement entered into with the eligible applicant or | 2299 |
with the alternative public provider or registered private | 2300 |
provider implementing the child's individualized education | 2301 |
program, or if the district is required by law to provide some | 2302 |
services for the child, including transportation services under | 2303 |
sections 3310.60 and 3327.01 of the Revised Code, the district | 2304 |
shall not discontinue the services it is providing pending | 2305 |
completion of any administrative proceedings regarding those | 2306 |
services. The prosecuting, by the eligible applicant on behalf of | 2307 |
the child, of administrative proceedings regarding the services | 2308 |
provided by the district does not affect the applicant's and the | 2309 |
child's continued eligibility for scholarship payments. | 2310 |
(D) The department of education shall continue to make | 2311 |
payments to the eligible applicant under section 3310.57 of the | 2312 |
Revised Code while either of the following are pending: | 2313 |
(1) Administrative or judicial mediation or proceedings with | 2314 |
respect to a subsequent individualized education program for the | 2315 |
child referred to in division (B) of this section; | 2316 |
(2) Administrative proceedings regarding services provided by | 2317 |
the district under division (C) of this section. | 2318 |
Sec. 3310.63. (A) Only for the purpose of administering the | 2319 |
special education scholarship program, the department of education | 2320 |
may request from any of the following entities the data | 2321 |
verification code assigned under division (D)(2) of section | 2322 |
3301.0714 of the Revised Code to any qualified special education | 2323 |
child for whom a scholarship is sought under the program: | 2324 |
(1) The school district in which the child is entitled to | 2325 |
attend school; | 2326 |
(2) If applicable, the community school in which the child is | 2327 |
enrolled; | 2328 |
(3) The independent contractor engaged to create and maintain | 2329 |
data verification codes. | 2330 |
(B) Upon a request by the department under division (A) of | 2331 |
this section for the data verification code of a qualified special | 2332 |
education child or a request by the eligible applicant for the | 2333 |
child for that code, the school district or community school shall | 2334 |
submit that code to the department or applicant in the manner | 2335 |
specified by the department. If the child has not been assigned a | 2336 |
code, because the child will be entering kindergarten during the | 2337 |
school year for which the scholarship is sought, the district | 2338 |
shall assign a code to that child and submit the code to the | 2339 |
department or applicant by a date specified by the department. If | 2340 |
the district does not assign a code to the child by the specified | 2341 |
date, the department shall assign a code to the child. | 2342 |
The department annually shall submit to each school district | 2343 |
the name and data verification code of each child residing in the | 2344 |
district who is entering kindergarten, who has been awarded a | 2345 |
scholarship under the program, and for whom the department has | 2346 |
assigned a code under this division. | 2347 |
(C) The department shall not release any data verification | 2348 |
code that it receives under this section to any person except as | 2349 |
provided by law. | 2350 |
(D) Any document relative to the special education | 2351 |
scholarship program that the department holds in its files that | 2352 |
contains both a qualified special education child's name or other | 2353 |
personally identifiable information and the child's data | 2354 |
verification code shall not be a public record under section | 2355 |
149.43 of the Revised Code. | 2356 |
Sec. 3310.64. The state board of education shall adopt rules | 2357 |
in accordance with Chapter 119. of the Revised Code prescribing | 2358 |
procedures necessary to implement sections 3310.51 to 3310.63 of | 2359 |
the Revised Code including, but not limited to, procedures for | 2360 |
parents to apply for scholarships, standards for registered | 2361 |
private providers, and procedures for registration of private | 2362 |
providers. | 2363 |
Sec. 3317.03. The information certified and verified under | 2364 |
this section shall be used to calculate payments under this | 2365 |
chapter and Chapter 3306. of the Revised Code. | 2366 |
(A) The superintendent of each city, local, and exempted | 2367 |
village school district and of each educational service center | 2368 |
shall, for the schools under the superintendent's supervision, | 2369 |
certify to the state board of education on or before the fifteenth | 2370 |
day of October in each year for the first full school week in | 2371 |
October the average daily membership of students receiving | 2372 |
services from schools under the superintendent's supervision, and | 2373 |
the numbers of other students entitled to attend school in the | 2374 |
district under section 3313.64 or 3313.65 of the Revised Code the | 2375 |
superintendent is required to report under this section, so that | 2376 |
the department of education can calculate the district's formula | 2377 |
ADM. If a school under the superintendent's supervision is closed | 2378 |
for one or more days during that week due to hazardous weather | 2379 |
conditions or other circumstances described in the first paragraph | 2380 |
of division (B) of section 3317.01 of the Revised Code, the | 2381 |
superintendent may apply to the superintendent of public | 2382 |
instruction for a waiver, under which the superintendent of public | 2383 |
instruction may exempt the district superintendent from certifying | 2384 |
the average daily membership for that school for that week and | 2385 |
specify an alternate week for certifying the average daily | 2386 |
membership of that school. | 2387 |
The average daily membership during such week shall consist | 2388 |
of the sum of the following: | 2389 |
(1) On an FTE basis, the number of students in grades | 2390 |
kindergarten through twelve receiving any educational services | 2391 |
from the district, except that the following categories of | 2392 |
students shall not be included in the determination: | 2393 |
(a) Students enrolled in adult education classes; | 2394 |
(b) Adjacent or other district students enrolled in the | 2395 |
district under an open enrollment policy pursuant to section | 2396 |
3313.98 of the Revised Code; | 2397 |
(c) Students receiving services in the district pursuant to a | 2398 |
compact, cooperative education agreement, or a contract, but who | 2399 |
are entitled to attend school in another district pursuant to | 2400 |
section 3313.64 or 3313.65 of the Revised Code; | 2401 |
(d) Students for whom tuition is payable pursuant to sections | 2402 |
3317.081 and 3323.141 of the Revised Code; | 2403 |
(e) Students receiving services in the district through a | 2404 |
scholarship awarded under either section 3310.41 or sections | 2405 |
3310.51 to 3310.64 of the Revised Code. | 2406 |
(2) On an FTE basis, the number of students entitled to | 2407 |
attend school in the district pursuant to section 3313.64 or | 2408 |
3313.65 of the Revised Code, but receiving educational services in | 2409 |
grades kindergarten through twelve from one or more of the | 2410 |
following entities: | 2411 |
(a) A community school pursuant to Chapter 3314. of the | 2412 |
Revised Code, including any participation in a college pursuant to | 2413 |
Chapter 3365. of the Revised Code while enrolled in such community | 2414 |
school; | 2415 |
(b) An alternative school pursuant to sections 3313.974 to | 2416 |
3313.979 of the Revised Code as described in division (I)(2)(a) or | 2417 |
(b) of this section | 2418 |
apply after the repeal of sections 3313.974 to 3313.979 of the | 2419 |
Revised Code by ...B... of the 129th general assembly. | 2420 |
(c) A college pursuant to Chapter 3365. of the Revised Code, | 2421 |
except when the student is enrolled in the college while also | 2422 |
enrolled in a community school pursuant to Chapter 3314. or a | 2423 |
science, technology, engineering, and mathematics school | 2424 |
established under Chapter 3326. of the Revised Code; | 2425 |
(d) An adjacent or other school district under an open | 2426 |
enrollment policy adopted pursuant to section 3313.98 of the | 2427 |
Revised Code; | 2428 |
(e) An educational service center or cooperative education | 2429 |
district; | 2430 |
(f) Another school district under a cooperative education | 2431 |
agreement, compact, or contract; | 2432 |
(g) | 2433 |
scholarship paid under section 3310.08 of the Revised Code; | 2434 |
(h) An alternative public provider or a registered private | 2435 |
provider with a scholarship awarded under either section 3310.41 | 2436 |
or sections 3310.51 to 3310.64 of the Revised Code. | 2437 |
As used in this section, "alternative public provider" and | 2438 |
"registered private provider" have the same meanings as in section | 2439 |
3310.41 or 3310.51 of the Revised Code, as applicable. | 2440 |
(i) A science, technology, engineering, and mathematics | 2441 |
school established under Chapter 3326. of the Revised Code, | 2442 |
including any participation in a college pursuant to Chapter 3365. | 2443 |
of the Revised Code while enrolled in the school. | 2444 |
(3) The number of students enrolled in a joint vocational | 2445 |
school district or under a vocational education compact, excluding | 2446 |
any students entitled to attend school in the district under | 2447 |
section 3313.64 or 3313.65 of the Revised Code who are enrolled in | 2448 |
another school district through an open enrollment policy as | 2449 |
reported under division (A)(2)(d) of this section and then enroll | 2450 |
in a joint vocational school district or under a vocational | 2451 |
education compact; | 2452 |
(4) The number of children with disabilities, other than | 2453 |
preschool children with disabilities, entitled to attend school in | 2454 |
the district pursuant to section 3313.64 or 3313.65 of the Revised | 2455 |
Code who are placed by the district with a county DD board, minus | 2456 |
the number of such children placed with a county DD board in | 2457 |
fiscal year 1998. If this calculation produces a negative number, | 2458 |
the number reported under division (A)(4) of this section shall be | 2459 |
zero. | 2460 |
(B) To enable the department of education to obtain the data | 2461 |
needed to complete the calculation of payments pursuant to this | 2462 |
chapter and Chapter 3306. of the Revised Code, in addition to the | 2463 |
average daily membership, each superintendent shall report | 2464 |
separately the following student counts for the same week for | 2465 |
which average daily membership is certified: | 2466 |
(1) The total average daily membership in regular learning | 2467 |
day classes included in the report under division (A)(1) or (2) of | 2468 |
this section for each of the individual grades kindergarten | 2469 |
through twelve in schools under the superintendent's supervision; | 2470 |
(2) The number of all preschool children with disabilities | 2471 |
enrolled as of the first day of December in classes in the | 2472 |
district that are eligible for approval under division (B) of | 2473 |
section 3317.05 of the Revised Code and the number of those | 2474 |
classes, which shall be reported not later than the fifteenth day | 2475 |
of December, in accordance with rules adopted under that section; | 2476 |
(3) The number of children entitled to attend school in the | 2477 |
district pursuant to section 3313.64 or 3313.65 of the Revised | 2478 |
Code who are: | 2479 |
(a) Participating in a pilot project scholarship program | 2480 |
established under sections 3313.974 to 3313.979 of the Revised | 2481 |
Code as described in division (I)(2)(a) or (b) of this section | 2482 |
Division (B)(3)(a) of this section does not apply after the repeal | 2483 |
of sections 3313.974 to 3313.979 of the Revised Code by ...B... of | 2484 |
the 129th general assembly. | 2485 |
(b) Enrolled in a college under Chapter 3365. of the Revised | 2486 |
Code, except when the student is enrolled in the college while | 2487 |
also enrolled in a community school pursuant to Chapter 3314. or a | 2488 |
science, technology, engineering, and mathematics school | 2489 |
established under Chapter 3326. of the Revised Code; | 2490 |
(c) Enrolled in an adjacent or other school district under | 2491 |
section 3313.98 of the Revised Code; | 2492 |
(d) Enrolled in a community school established under Chapter | 2493 |
3314. of the Revised Code that is not an internet- or | 2494 |
computer-based community school as defined in section 3314.02 of | 2495 |
the Revised Code, including any participation in a college | 2496 |
pursuant to Chapter 3365. of the Revised Code while enrolled in | 2497 |
such community school; | 2498 |
(e) Enrolled in an internet- or computer-based community | 2499 |
school, as defined in section 3314.02 of the Revised Code, | 2500 |
including any participation in a college pursuant to Chapter 3365. | 2501 |
of the Revised Code while enrolled in the school; | 2502 |
(f) Enrolled in | 2503 |
a scholarship paid under section 3310.08 of the Revised Code; | 2504 |
(g) Enrolled in kindergarten through grade twelve in an | 2505 |
alternative public provider or a registered private provider with | 2506 |
a scholarship awarded under either section 3310.41 or sections | 2507 |
3310.51 to 3310.64 of the Revised Code; | 2508 |
(h) Enrolled as a preschool child with a disability in an | 2509 |
alternative public provider or a registered private provider with | 2510 |
a scholarship awarded under section 3310.41 of the Revised Code; | 2511 |
(i) Participating in a program operated by a county DD board | 2512 |
or a state institution; | 2513 |
(j) Enrolled in a science, technology, engineering, and | 2514 |
mathematics school established under Chapter 3326. of the Revised | 2515 |
Code, including any participation in a college pursuant to Chapter | 2516 |
3365. of the Revised Code while enrolled in the school. | 2517 |
(4) The number of pupils enrolled in joint vocational | 2518 |
schools; | 2519 |
(5) The combined average daily membership of children with | 2520 |
disabilities reported under division (A)(1) or (2) of this section | 2521 |
receiving special education services for the category one | 2522 |
disability described in division (D)(1) of section 3306.02 of the | 2523 |
Revised Code, including children attending a special education | 2524 |
program operated by an alternative public provider or a registered | 2525 |
private provider with a scholarship awarded under sections 3310.51 | 2526 |
to 3310.64 of the Revised Code; | 2527 |
(6) The combined average daily membership of children with | 2528 |
disabilities reported under division (A)(1) or (2) of this section | 2529 |
receiving special education services for category two disabilities | 2530 |
described in division (D)(2) of section 3306.02 of the Revised | 2531 |
Code, including children attending a special education program | 2532 |
operated by an alternative public provider or a registered private | 2533 |
provider with a scholarship awarded under sections 3310.51 to | 2534 |
3310.64 of the Revised Code; | 2535 |
(7) The combined average daily membership of children with | 2536 |
disabilities reported under division (A)(1) or (2) of this section | 2537 |
receiving special education services for category three | 2538 |
disabilities described in division (D)(3) of section 3306.02 of | 2539 |
the Revised Code, including children attending a special education | 2540 |
program operated by an alternative public provider or a registered | 2541 |
private provider with a scholarship awarded under sections 3310.51 | 2542 |
to 3310.64 of the Revised Code; | 2543 |
(8) The combined average daily membership of children with | 2544 |
disabilities reported under division (A)(1) or (2) of this section | 2545 |
receiving special education services for category four | 2546 |
disabilities described in division (D)(4) of section 3306.02 of | 2547 |
the Revised Code, including children attending a special education | 2548 |
program operated by an alternative public provider or a registered | 2549 |
private provider with a scholarship awarded under sections 3310.51 | 2550 |
to 3310.64 of the Revised Code; | 2551 |
(9) The combined average daily membership of children with | 2552 |
disabilities reported under division (A)(1) or (2) of this section | 2553 |
receiving special education services for the category five | 2554 |
disabilities described in division (D)(5) of section 3306.02 of | 2555 |
the Revised Code, including children attending a special education | 2556 |
program operated by an alternative public provider or a registered | 2557 |
private provider with a scholarship awarded under sections 3310.51 | 2558 |
to 3310.64 of the Revised Code; | 2559 |
(10) The combined average daily membership of children with | 2560 |
disabilities reported under division (A)(1) or (2) and under | 2561 |
division (B)(3)(h) of this section receiving special education | 2562 |
services for category six disabilities described in division | 2563 |
(D)(6) of section 3306.02 of the Revised Code, including children | 2564 |
attending a special education program operated by an alternative | 2565 |
public provider or a registered private provider with a | 2566 |
scholarship awarded under either section 3310.41 or sections | 2567 |
3310.51 to 3310.64 of the Revised Code; | 2568 |
(11) The average daily membership of pupils reported under | 2569 |
division (A)(1) or (2) of this section enrolled in category one | 2570 |
vocational education programs or classes, described in division | 2571 |
(A) of section 3317.014 of the Revised Code, operated by the | 2572 |
school district or by another district, other than a joint | 2573 |
vocational school district, or by an educational service center, | 2574 |
excluding any student reported under division (B)(3)(e) of this | 2575 |
section as enrolled in an internet- or computer-based community | 2576 |
school, notwithstanding division (C) of section 3317.02 of the | 2577 |
Revised Code and division (C)(3) of this section; | 2578 |
(12) The average daily membership of pupils reported under | 2579 |
division (A)(1) or (2) of this section enrolled in category two | 2580 |
vocational education programs or services, described in division | 2581 |
(B) of section 3317.014 of the Revised Code, operated by the | 2582 |
school district or another school district, other than a joint | 2583 |
vocational school district, or by an educational service center, | 2584 |
excluding any student reported under division (B)(3)(e) of this | 2585 |
section as enrolled in an internet- or computer-based community | 2586 |
school, notwithstanding division (C) of section 3317.02 of the | 2587 |
Revised Code and division (C)(3) of this section; | 2588 |
Beginning with fiscal year 2010, vocational education ADM | 2589 |
shall not be used to calculate a district's funding but shall be | 2590 |
reported under divisions (B)(11) and (12) of this section for | 2591 |
statistical purposes. | 2592 |
(13) The average number of children transported by the school | 2593 |
district on board-owned or contractor-owned and -operated buses, | 2594 |
reported in accordance with rules adopted by the department of | 2595 |
education; | 2596 |
(14)(a) The number of children, other than preschool children | 2597 |
with disabilities, the district placed with a county DD board in | 2598 |
fiscal year 1998; | 2599 |
(b) The number of children with disabilities, other than | 2600 |
preschool children with disabilities, placed with a county DD | 2601 |
board in the current fiscal year to receive special education | 2602 |
services for the category one disability described in division | 2603 |
(D)(1) of section 3306.02 of the Revised Code; | 2604 |
(c) The number of children with disabilities, other than | 2605 |
preschool children with disabilities, placed with a county DD | 2606 |
board in the current fiscal year to receive special education | 2607 |
services for category two disabilities described in division | 2608 |
(D)(2) of section 3306.02 of the Revised Code; | 2609 |
(d) The number of children with disabilities, other than | 2610 |
preschool children with disabilities, placed with a county DD | 2611 |
board in the current fiscal year to receive special education | 2612 |
services for category three disabilities described in division | 2613 |
(D)(3) of section 3306.02 of the Revised Code; | 2614 |
(e) The number of children with disabilities, other than | 2615 |
preschool children with disabilities, placed with a county DD | 2616 |
board in the current fiscal year to receive special education | 2617 |
services for category four disabilities described in division | 2618 |
(D)(4) of section 3306.02 of the Revised Code; | 2619 |
(f) The number of children with disabilities, other than | 2620 |
preschool children with disabilities, placed with a county DD | 2621 |
board in the current fiscal year to receive special education | 2622 |
services for the category five disabilities described in division | 2623 |
(D)(5) of section 3306.02 of the Revised Code; | 2624 |
(g) The number of children with disabilities, other than | 2625 |
preschool children with disabilities, placed with a county DD | 2626 |
board in the current fiscal year to receive special education | 2627 |
services for category six disabilities described in division | 2628 |
(D)(6) of section 3306.02 of the Revised Code. | 2629 |
(C)(1) The average daily membership in divisions (B)(1) to | 2630 |
(12) of this section shall be based upon the number of full-time | 2631 |
equivalent students. The state board of education shall adopt | 2632 |
rules defining full-time equivalent students and for determining | 2633 |
the average daily membership therefrom for the purposes of | 2634 |
divisions (A), (B), and (D) of this section. Each student enrolled | 2635 |
in kindergarten shall be counted as one full-time equivalent | 2636 |
student regardless of whether the student is enrolled in a | 2637 |
part-day or all-day kindergarten class. | 2638 |
(2) A student enrolled in a community school established | 2639 |
under Chapter 3314. or a science, technology, engineering, and | 2640 |
mathematics school established under Chapter 3326. of the Revised | 2641 |
Code shall be counted in the formula ADM and, if applicable, the | 2642 |
category one, two, three, four, five, or six special education ADM | 2643 |
of the school district in which the student is entitled to attend | 2644 |
school under section 3313.64 or 3313.65 of the Revised Code for | 2645 |
the same proportion of the school year that the student is counted | 2646 |
in the enrollment of the community school or the science, | 2647 |
technology, engineering, and mathematics school for purposes of | 2648 |
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding | 2649 |
the number of students reported pursuant to division (B)(3)(d), | 2650 |
(e), or (j) of this section, the department may adjust the formula | 2651 |
ADM of a school district to account for students entitled to | 2652 |
attend school in the district under section 3313.64 or 3313.65 of | 2653 |
the Revised Code who are enrolled in a community school or a | 2654 |
science, technology, engineering, and mathematics school for only | 2655 |
a portion of the school year. | 2656 |
(3) No child shall be counted as more than a total of one | 2657 |
child in the sum of the average daily memberships of a school | 2658 |
district under division (A), divisions (B)(1) to (12), or division | 2659 |
(D) of this section, except as follows: | 2660 |
(a) A child with a disability described in division (D) of | 2661 |
section 3306.02 of the Revised Code may be counted both in formula | 2662 |
ADM and in category one, two, three, four, five, or six special | 2663 |
education ADM and, if applicable, in category one or two | 2664 |
vocational education ADM. As provided in division (C) of section | 2665 |
3317.02 of the Revised Code, such a child shall be counted in | 2666 |
category one, two, three, four, five, or six special education ADM | 2667 |
in the same proportion that the child is counted in formula ADM. | 2668 |
(b) A child enrolled in vocational education programs or | 2669 |
classes described in section 3317.014 of the Revised Code may be | 2670 |
counted both in formula ADM and category one or two vocational | 2671 |
education ADM and, if applicable, in category one, two, three, | 2672 |
four, five, or six special education ADM. Such a child shall be | 2673 |
counted in category one or two vocational education ADM in the | 2674 |
same proportion as the percentage of time that the child spends in | 2675 |
the vocational education programs or classes. | 2676 |
(4) Based on the information reported under this section, the | 2677 |
department of education shall determine the total student count, | 2678 |
as defined in section 3301.011 of the Revised Code, for each | 2679 |
school district. | 2680 |
(D)(1) The superintendent of each joint vocational school | 2681 |
district shall certify to the superintendent of public instruction | 2682 |
on or before the fifteenth day of October in each year for the | 2683 |
first full school week in October the formula ADM, for purposes of | 2684 |
section 3318.42 of the Revised Code and for any other purpose | 2685 |
prescribed by law for which "formula ADM" of the joint vocational | 2686 |
district is a factor. If a school operated by the joint vocational | 2687 |
school district is closed for one or more days during that week | 2688 |
due to hazardous weather conditions or other circumstances | 2689 |
described in the first paragraph of division (B) of section | 2690 |
3317.01 of the Revised Code, the superintendent may apply to the | 2691 |
superintendent of public instruction for a waiver, under which the | 2692 |
superintendent of public instruction may exempt the district | 2693 |
superintendent from certifying the formula ADM for that school for | 2694 |
that week and specify an alternate week for certifying the formula | 2695 |
ADM of that school. | 2696 |
The formula ADM, except as otherwise provided in this | 2697 |
division, shall consist of the average daily membership during | 2698 |
such week, on an FTE basis, of the number of students receiving | 2699 |
any educational services from the district, including students | 2700 |
enrolled in a community school established under Chapter 3314. or | 2701 |
a science, technology, engineering, and mathematics school | 2702 |
established under Chapter 3326. of the Revised Code who are | 2703 |
attending the joint vocational district under an agreement between | 2704 |
the district board of education and the governing authority of the | 2705 |
community school or the governing body of the science, technology, | 2706 |
engineering, and mathematics school and are entitled to attend | 2707 |
school in a city, local, or exempted village school district whose | 2708 |
territory is part of the territory of the joint vocational | 2709 |
district. | 2710 |
The following categories of students shall not be included in | 2711 |
the determination made under division (D)(1) of this section: | 2712 |
(a) Students enrolled in adult education classes; | 2713 |
(b) Adjacent or other district joint vocational students | 2714 |
enrolled in the district under an open enrollment policy pursuant | 2715 |
to section 3313.98 of the Revised Code; | 2716 |
(c) Students receiving services in the district pursuant to a | 2717 |
compact, cooperative education agreement, or a contract, but who | 2718 |
are entitled to attend school in a city, local, or exempted | 2719 |
village school district whose territory is not part of the | 2720 |
territory of the joint vocational district; | 2721 |
(d) Students for whom tuition is payable pursuant to sections | 2722 |
3317.081 and 3323.141 of the Revised Code. | 2723 |
(2) In addition to the formula ADM, each superintendent shall | 2724 |
report separately the average daily membership included in the | 2725 |
report under division (D)(1) of this section for each of the | 2726 |
following categories of students for the same week for which | 2727 |
formula ADM is certified: | 2728 |
(a) Students enrolled in each individual grade included in | 2729 |
the joint vocational district schools; | 2730 |
(b) Children with disabilities receiving special education | 2731 |
services for the category one disability described in division | 2732 |
(D)(1) of section 3306.02 of the Revised Code; | 2733 |
(c) Children with disabilities receiving special education | 2734 |
services for the category two disabilities described in division | 2735 |
(D)(2) of section 3306.02 of the Revised Code; | 2736 |
(d) Children with disabilities receiving special education | 2737 |
services for category three disabilities described in division | 2738 |
(D)(3) of section 3306.02 of the Revised Code; | 2739 |
(e) Children with disabilities receiving special education | 2740 |
services for category four disabilities described in division | 2741 |
(D)(4) of section 3306.02 of the Revised Code; | 2742 |
(f) Children with disabilities receiving special education | 2743 |
services for the category five disabilities described in division | 2744 |
(D)(5) of section 3306.02 of the Revised Code; | 2745 |
(g) Children with disabilities receiving special education | 2746 |
services for category six disabilities described in division | 2747 |
(D)(6) of section 3306.02 of the Revised Code; | 2748 |
(h) Students receiving category one vocational education | 2749 |
services, described in division (A) of section 3317.014 of the | 2750 |
Revised Code; | 2751 |
(i) Students receiving category two vocational education | 2752 |
services, described in division (B) of section 3317.014 of the | 2753 |
Revised Code. | 2754 |
The superintendent of each joint vocational school district | 2755 |
shall also indicate the city, local, or exempted village school | 2756 |
district in which each joint vocational district pupil is entitled | 2757 |
to attend school pursuant to section 3313.64 or 3313.65 of the | 2758 |
Revised Code. | 2759 |
(E) In each school of each city, local, exempted village, | 2760 |
joint vocational, and cooperative education school district there | 2761 |
shall be maintained a record of school membership, which record | 2762 |
shall accurately show, for each day the school is in session, the | 2763 |
actual membership enrolled in regular day classes. For the purpose | 2764 |
of determining average daily membership, the membership figure of | 2765 |
any school shall not include any pupils except those pupils | 2766 |
described by division (A) of this section. The record of | 2767 |
membership for each school shall be maintained in such manner that | 2768 |
no pupil shall be counted as in membership prior to the actual | 2769 |
date of entry in the school and also in such manner that where for | 2770 |
any cause a pupil permanently withdraws from the school that pupil | 2771 |
shall not be counted as in membership from and after the date of | 2772 |
such withdrawal. There shall not be included in the membership of | 2773 |
any school any of the following: | 2774 |
(1) Any pupil who has graduated from the twelfth grade of a | 2775 |
public or nonpublic high school; | 2776 |
(2) Any pupil who is not a resident of the state; | 2777 |
(3) Any pupil who was enrolled in the schools of the district | 2778 |
during the previous school year when assessments were administered | 2779 |
under section 3301.0711 of the Revised Code but did not take one | 2780 |
or more of the assessments required by that section and was not | 2781 |
excused pursuant to division (C)(1) or (3) of that section; | 2782 |
(4) Any pupil who has attained the age of twenty-two years, | 2783 |
except for veterans of the armed services whose attendance was | 2784 |
interrupted before completing the recognized twelve-year course of | 2785 |
the public schools by reason of induction or enlistment in the | 2786 |
armed forces and who apply for reenrollment in the public school | 2787 |
system of their residence not later than four years after | 2788 |
termination of war or their honorable discharge. | 2789 |
If, however, any veteran described by division (E)(4) of this | 2790 |
section elects to enroll in special courses organized for veterans | 2791 |
for whom tuition is paid under the provisions of federal laws, or | 2792 |
otherwise, that veteran shall not be included in average daily | 2793 |
membership. | 2794 |
Notwithstanding division (E)(3) of this section, the | 2795 |
membership of any school may include a pupil who did not take an | 2796 |
assessment required by section 3301.0711 of the Revised Code if | 2797 |
the superintendent of public instruction grants a waiver from the | 2798 |
requirement to take the assessment to the specific pupil and a | 2799 |
parent is not paying tuition for the pupil pursuant to section | 2800 |
3313.6410 of the Revised Code. The superintendent may grant such a | 2801 |
waiver only for good cause in accordance with rules adopted by the | 2802 |
state board of education. | 2803 |
Except as provided in divisions (B)(2) and (F) of this | 2804 |
section, the average daily membership figure of any local, city, | 2805 |
exempted village, or joint vocational school district shall be | 2806 |
determined by dividing the figure representing the sum of the | 2807 |
number of pupils enrolled during each day the school of attendance | 2808 |
is actually open for instruction during the week for which the | 2809 |
average daily membership is being certified by the total number of | 2810 |
days the school was actually open for instruction during that | 2811 |
week. For purposes of state funding, "enrolled" persons are only | 2812 |
those pupils who are attending school, those who have attended | 2813 |
school during the current school year and are absent for | 2814 |
authorized reasons, and those children with disabilities currently | 2815 |
receiving home instruction. | 2816 |
The average daily membership figure of any cooperative | 2817 |
education school district shall be determined in accordance with | 2818 |
rules adopted by the state board of education. | 2819 |
(F)(1) If the formula ADM for the first full school week in | 2820 |
February is at least three per cent greater than that certified | 2821 |
for the first full school week in the preceding October, the | 2822 |
superintendent of schools of any city, exempted village, or joint | 2823 |
vocational school district or educational service center shall | 2824 |
certify such increase to the superintendent of public instruction. | 2825 |
Such certification shall be submitted no later than the fifteenth | 2826 |
day of February. For the balance of the fiscal year, beginning | 2827 |
with the February payments, the superintendent of public | 2828 |
instruction shall use the increased formula ADM in calculating or | 2829 |
recalculating the amounts to be allocated in accordance with | 2830 |
section 3317.022 or 3317.16 of the Revised Code. In no event shall | 2831 |
the superintendent use an increased membership certified to the | 2832 |
superintendent after the fifteenth day of February. Division | 2833 |
(F)(1) of this section does not apply after fiscal year 2006. | 2834 |
(2) If on the first school day of April the total number of | 2835 |
classes or units for preschool children with disabilities that are | 2836 |
eligible for approval under division (B) of section 3317.05 of the | 2837 |
Revised Code exceeds the number of units that have been approved | 2838 |
for the year under that division, the superintendent of schools of | 2839 |
any city, exempted village, or cooperative education school | 2840 |
district or educational service center shall make the | 2841 |
certifications required by this section for that day. If the | 2842 |
department determines additional units can be approved for the | 2843 |
fiscal year within any limitations set forth in the acts | 2844 |
appropriating moneys for the funding of such units, the department | 2845 |
shall approve additional units for the fiscal year on the basis of | 2846 |
such average daily membership. For each unit so approved, the | 2847 |
department shall pay an amount computed in the manner prescribed | 2848 |
in section 3317.052 or 3317.19 and section 3317.053 of the Revised | 2849 |
Code. | 2850 |
(3) If a student attending a community school under Chapter | 2851 |
3314. or a science, technology, engineering, and mathematics | 2852 |
school established under Chapter 3326. of the Revised Code is not | 2853 |
included in the formula ADM certified for the school district in | 2854 |
which the student is entitled to attend school under section | 2855 |
3313.64 or 3313.65 of the Revised Code, the department of | 2856 |
education shall adjust the formula ADM of that school district to | 2857 |
include the student in accordance with division (C)(2) of this | 2858 |
section, and shall recalculate the school district's payments | 2859 |
under this chapter and Chapter 3306. of the Revised Code for the | 2860 |
entire fiscal year on the basis of that adjusted formula ADM. This | 2861 |
requirement applies regardless of whether the student was | 2862 |
enrolled, as defined in division (E) of this section, in the | 2863 |
community school or the science, technology, engineering, and | 2864 |
mathematics school during the week for which the formula ADM is | 2865 |
being certified. | 2866 |
(4) If a student awarded | 2867 |
under the parental choice and taxpayer savings scholarship program | 2868 |
is not included in the formula ADM of the school district from | 2869 |
which the department deducts funds for the scholarship under | 2870 |
section 3310.08 of the Revised Code, the department shall adjust | 2871 |
the formula ADM of that school district to include the student to | 2872 |
the extent necessary to account for the deduction, and shall | 2873 |
recalculate the school district's payments under this chapter and | 2874 |
Chapter 3306. of the Revised Code for the entire fiscal year on | 2875 |
the basis of that adjusted formula ADM. This requirement applies | 2876 |
regardless of whether the student was enrolled, as defined in | 2877 |
division (E) of this section, in the chartered nonpublic school, | 2878 |
the school district, or a community school during the week for | 2879 |
which the formula ADM is being certified. | 2880 |
(5) If a student awarded a scholarship under the special | 2881 |
education scholarship program is not included in the formula ADM | 2882 |
of the school district from which the department deducts funds for | 2883 |
the scholarship under section 3310.55 of the Revised Code, the | 2884 |
department shall adjust the formula ADM of that school district to | 2885 |
include the student to the extent necessary to account for the | 2886 |
deduction, and shall recalculate the school district's payments | 2887 |
under this chapter for the entire fiscal year on the basis of that | 2888 |
adjusted formula ADM. This requirement applies regardless of | 2889 |
whether the student was enrolled, as defined in division (E) of | 2890 |
this section, in an alternative public provider, a registered | 2891 |
private provider, or the school district during the week for which | 2892 |
the formula ADM is being certified. | 2893 |
(G)(1)(a) The superintendent of an institution operating a | 2894 |
special education program pursuant to section 3323.091 of the | 2895 |
Revised Code shall, for the programs under such superintendent's | 2896 |
supervision, certify to the state board of education, in the | 2897 |
manner prescribed by the superintendent of public instruction, | 2898 |
both of the following: | 2899 |
(i) The average daily membership of all children with | 2900 |
disabilities other than preschool children with disabilities | 2901 |
receiving services at the institution for each category of | 2902 |
disability described in divisions (D)(1) to (6) of section 3306.02 | 2903 |
of the Revised Code; | 2904 |
(ii) The average daily membership of all preschool children | 2905 |
with disabilities in classes or programs approved annually by the | 2906 |
department of education for unit funding under section 3317.05 of | 2907 |
the Revised Code. | 2908 |
(b) The superintendent of an institution with vocational | 2909 |
education units approved under division (A) of section 3317.05 of | 2910 |
the Revised Code shall, for the units under the superintendent's | 2911 |
supervision, certify to the state board of education the average | 2912 |
daily membership in those units, in the manner prescribed by the | 2913 |
superintendent of public instruction. | 2914 |
(2) The superintendent of each county DD board that maintains | 2915 |
special education classes under section 3317.20 of the Revised | 2916 |
Code or units approved pursuant to section 3317.05 of the Revised | 2917 |
Code shall do both of the following: | 2918 |
(a) Certify to the state board, in the manner prescribed by | 2919 |
the board, the average daily membership in classes under section | 2920 |
3317.20 of the Revised Code for each school district that has | 2921 |
placed children in the classes; | 2922 |
(b) Certify to the state board, in the manner prescribed by | 2923 |
the board, the number of all preschool children with disabilities | 2924 |
enrolled as of the first day of December in classes eligible for | 2925 |
approval under division (B) of section 3317.05 of the Revised | 2926 |
Code, and the number of those classes. | 2927 |
(3)(a) If on the first school day of April the number of | 2928 |
classes or units maintained for preschool children with | 2929 |
disabilities by the county DD board that are eligible for approval | 2930 |
under division (B) of section 3317.05 of the Revised Code is | 2931 |
greater than the number of units approved for the year under that | 2932 |
division, the superintendent shall make the certification required | 2933 |
by this section for that day. | 2934 |
(b) If the department determines that additional classes or | 2935 |
units can be approved for the fiscal year within any limitations | 2936 |
set forth in the acts appropriating moneys for the funding of the | 2937 |
classes and units described in division (G)(3)(a) of this section, | 2938 |
the department shall approve and fund additional units for the | 2939 |
fiscal year on the basis of such average daily membership. For | 2940 |
each unit so approved, the department shall pay an amount computed | 2941 |
in the manner prescribed in sections 3317.052 and 3317.053 of the | 2942 |
Revised Code. | 2943 |
(H) Except as provided in division (I) of this section, when | 2944 |
any city, local, or exempted village school district provides | 2945 |
instruction for a nonresident pupil whose attendance is | 2946 |
unauthorized attendance as defined in section 3327.06 of the | 2947 |
Revised Code, that pupil's membership shall not be included in | 2948 |
that district's membership figure used in the calculation of that | 2949 |
district's formula ADM or included in the determination of any | 2950 |
unit approved for the district under section 3317.05 of the | 2951 |
Revised Code. The reporting official shall report separately the | 2952 |
average daily membership of all pupils whose attendance in the | 2953 |
district is unauthorized attendance, and the membership of each | 2954 |
such pupil shall be credited to the school district in which the | 2955 |
pupil is entitled to attend school under division (B) of section | 2956 |
3313.64 or section 3313.65 of the Revised Code as determined by | 2957 |
the department of education. | 2958 |
(I)(1) A city, local, exempted village, or joint vocational | 2959 |
school district admitting a scholarship student of a pilot project | 2960 |
district pursuant to division (C) of section 3313.976 of the | 2961 |
Revised Code may count such student in its average daily | 2962 |
membership. | 2963 |
(2) In any year for which funds are appropriated for pilot | 2964 |
project scholarship programs, a school district implementing a | 2965 |
state-sponsored pilot project scholarship program that year | 2966 |
pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 2967 |
count in average daily membership: | 2968 |
(a) All children residing in the district and utilizing a | 2969 |
scholarship to attend kindergarten in any alternative school, as | 2970 |
defined in section 3313.974 of the Revised Code; | 2971 |
(b) All children who were enrolled in the district in the | 2972 |
preceding year who are utilizing a scholarship to attend any such | 2973 |
alternative school. | 2974 |
Division (I) of this section does not apply after the repeal | 2975 |
of sections 3313.974 to 3313.979 of the Revised Code by ...B... of | 2976 |
the 129th general assembly. | 2977 |
(J) The superintendent of each cooperative education school | 2978 |
district shall certify to the superintendent of public | 2979 |
instruction, in a manner prescribed by the state board of | 2980 |
education, the applicable average daily memberships for all | 2981 |
students in the cooperative education district, also indicating | 2982 |
the city, local, or exempted village district where each pupil is | 2983 |
entitled to attend school under section 3313.64 or 3313.65 of the | 2984 |
Revised Code. | 2985 |
(K) If the superintendent of public instruction determines | 2986 |
that a component of the average daily membership certified or | 2987 |
reported by a district superintendent, or other reporting entity, | 2988 |
is not correct, the superintendent of public instruction may order | 2989 |
that the formula ADM used for the purposes of payments under any | 2990 |
section of Title XXXIII of the Revised Code be adjusted in the | 2991 |
amount of the error. | 2992 |
Sec. 3323.052. Not later than sixty days after the effective | 2993 |
date of this section, the department of education shall develop a | 2994 |
document that compares a parent's and child's rights under this | 2995 |
chapter and 20 U.S.C. 1400 et seq. with the parent's and child's | 2996 |
rights under the special education scholarship program, | 2997 |
established in sections 3310.51 to 3310.64 of the Revised Code, | 2998 |
including the deadline for application for a scholarship or | 2999 |
renewal of a scholarship and notice of that application to the | 3000 |
child's school district, prescribed in division (C) of section | 3001 |
3310.52 of the Revised Code, and the provisions of divisions (A) | 3002 |
and (B) of section 3310.53 of the Revised Code. The department | 3003 |
shall revise that document as necessary to reflect any pertinent | 3004 |
changes in state or federal statutory law, rule, or regulation | 3005 |
enacted or adopted after the initial document is developed. The | 3006 |
department and each school district shall ensure that the document | 3007 |
prescribed in this section is included in, appended to, or | 3008 |
otherwise distributed in conjunction with the notice required | 3009 |
under 20 U.S.C. 1415(d), and any provision of the Code of Federal | 3010 |
Regulations implementing that requirement, in the manner and at | 3011 |
all the times specified for such notice in federal law or | 3012 |
regulation. As used in this section, a "child's school district" | 3013 |
means the school district in which the child is entitled to attend | 3014 |
school under section 3313.64 or 3313.65 of the Revised Code. | 3015 |
Sec. 4776.01. As used in this chapter: | 3016 |
(A) "License" means any of the following: | 3017 |
(1) An authorization evidenced by a license, certificate, | 3018 |
registration, permit, card, or other authority that is issued or | 3019 |
conferred by a licensing agency described in division (C)(1) of | 3020 |
this section to a licensee or to an applicant for an initial | 3021 |
license by which the licensee or initial license applicant has or | 3022 |
claims the privilege to engage in a profession, occupation, or | 3023 |
occupational activity, or to have control of and operate certain | 3024 |
specific equipment, machinery, or premises, over which the | 3025 |
licensing agency has jurisdiction. | 3026 |
(2) An authorization evidenced by a license or certificate | 3027 |
that is issued by a licensing agency described in division (C)(2) | 3028 |
of this section pursuant to section 4715.12, 4715.16, 4715.21, or | 3029 |
4715.27 of the Revised Code to a licensee or to an applicant for | 3030 |
an initial license by which the licensee or initial license | 3031 |
applicant has or claims the privilege to engage in a profession, | 3032 |
occupation, or occupational activity over which the licensing | 3033 |
agency has jurisdiction. | 3034 |
(B) "Licensee" means the person to whom the license is issued | 3035 |
by a licensing agency. | 3036 |
(C) "Licensing agency" means any of the following: | 3037 |
(1) The board authorized by Chapters 4701., 4717., 4725., | 3038 |
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757., | 3039 |
4759., 4760., 4761., 4762., and 4779. of the Revised Code to issue | 3040 |
a license to engage in a specific profession, occupation, or | 3041 |
occupational activity, or to have charge of and operate certain | 3042 |
specified equipment, machinery, or premises. | 3043 |
(2) The state dental board, relative to its authority to | 3044 |
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or | 3045 |
4715.27 of the Revised Code. | 3046 |
(D) "Applicant for an initial license" includes persons | 3047 |
seeking a license for the first time and persons seeking a license | 3048 |
by reciprocity, endorsement, or similar manner of a license issued | 3049 |
in another state. | 3050 |
(E) "Applicant for a restored license" includes persons | 3051 |
seeking restoration of a certificate under section 4730.14, | 3052 |
4731.281, 4760.06, or 4762.06 of the Revised Code. | 3053 |
(F) "Criminal records check" has the same meaning as in | 3054 |
division | 3055 |
Sec. 5727.84. (A) As used in this section and sections | 3056 |
5727.85, 5727.86, and 5727.87 of the Revised Code: | 3057 |
(1) "School district" means a city, local, or exempted | 3058 |
village school district. | 3059 |
(2) "Joint vocational school district" means a joint | 3060 |
vocational school district created under section 3311.16 of the | 3061 |
Revised Code, and includes a cooperative education school district | 3062 |
created under section 3311.52 or 3311.521 of the Revised Code and | 3063 |
a county school financing district created under section 3311.50 | 3064 |
of the Revised Code. | 3065 |
(3) "Local taxing unit" means a subdivision or taxing unit, | 3066 |
as defined in section 5705.01 of the Revised Code, a park district | 3067 |
created under Chapter 1545. of the Revised Code, or a township | 3068 |
park district established under section 511.23 of the Revised | 3069 |
Code, but excludes school districts and joint vocational school | 3070 |
districts. | 3071 |
(4) "State education aid," for a school district, means the | 3072 |
following: | 3073 |
(a) For fiscal years prior to fiscal year 2010, the sum of | 3074 |
state aid amounts computed for the district under divisions (A), | 3075 |
(C)(1), (C)(4), (D), (E), and (F) of section 3317.022; divisions | 3076 |
(B), (C), and (D) of section 3317.023; divisions (G), (L), and (N) | 3077 |
of section 3317.024; and sections 3317.029, 3317.0216, 3317.0217, | 3078 |
3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code; and | 3079 |
the adjustments required by: division (C) of section 3310.08; | 3080 |
division (C)(2) of section 3310.41; division (C) of section | 3081 |
3314.08; division (D)(2) of section 3314.091; division (D) of | 3082 |
section 3314.13; divisions (E), (K), (L), (M), and (N) of section | 3083 |
3317.023; division (C) of section 3317.20; and former sections | 3084 |
3313.979 and 3313.981 of the Revised Code. However, when | 3085 |
calculating state education aid for a school district for fiscal | 3086 |
years 2008 and 2009, include the amount computed for the district | 3087 |
under Section 269.20.80 of H.B. 119 of the 127th general assembly, | 3088 |
as subsequently amended, instead of division (D) of section | 3089 |
3317.022 of the Revised Code; and include amounts calculated under | 3090 |
Section 269.30.80 of this act, as subsequently amended. | 3091 |
(b) For fiscal year 2010 and for each fiscal year thereafter, | 3092 |
the sum of the amounts computed for the district under sections | 3093 |
3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and 3306.192; | 3094 |
division (G) of section 3317.024; sections 3317.05, 3317.052, and | 3095 |
3317.053 of the Revised Code; and the adjustments required by | 3096 |
division (C) of section 3310.08; division (C)(2) of section | 3097 |
3310.41; section 3310.55; division (C) of section 3314.08; | 3098 |
division (D)(2) of section 3314.091; division (D) of section | 3099 |
3314.13; divisions (E), (K), (L), (M), and (N) of section | 3100 |
3317.023; division (C) of section 3317.20; and former sections | 3101 |
3313.979 and 3313.981 of the Revised Code. | 3102 |
(5) "State education aid," for a joint vocational school | 3103 |
district, means the following: | 3104 |
(a) For fiscal years prior to fiscal year 2010, the sum of | 3105 |
the state aid amounts computed for the district under division (N) | 3106 |
of section 3317.024 and section 3317.16 of the Revised Code. | 3107 |
However, when calculating state education aid for a joint | 3108 |
vocational school district for fiscal years 2008 and 2009, include | 3109 |
the amount computed for the district under Section 269.30.90 of | 3110 |
H.B. 119 of the 127th general assembly, as subsequently amended. | 3111 |
(b) For fiscal years 2010 and 2011, the amount computed for | 3112 |
the district in accordance with the section of this act entitled | 3113 |
"FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS". | 3114 |
(6) "State education aid offset" means the amount determined | 3115 |
for each school district or joint vocational school district under | 3116 |
division (A)(1) of section 5727.85 of the Revised Code. | 3117 |
(7) "Recognized valuation" has the same meaning as in section | 3118 |
3317.02 of the Revised Code. | 3119 |
(8) "Electric company tax value loss" means the amount | 3120 |
determined under division (D) of this section. | 3121 |
(9) "Natural gas company tax value loss" means the amount | 3122 |
determined under division (E) of this section. | 3123 |
(10) "Tax value loss" means the sum of the electric company | 3124 |
tax value loss and the natural gas company tax value loss. | 3125 |
(11) "Fixed-rate levy" means any tax levied on property other | 3126 |
than a fixed-sum levy. | 3127 |
(12) "Fixed-rate levy loss" means the amount determined under | 3128 |
division (G) of this section. | 3129 |
(13) "Fixed-sum levy" means a tax levied on property at | 3130 |
whatever rate is required to produce a specified amount of tax | 3131 |
money or levied in excess of the ten-mill limitation to pay debt | 3132 |
charges, and includes school district emergency levies imposed | 3133 |
pursuant to section 5705.194 of the Revised Code. | 3134 |
(14) "Fixed-sum levy loss" means the amount determined under | 3135 |
division (H) of this section. | 3136 |
(15) "Consumer price index" means the consumer price index | 3137 |
(all items, all urban consumers) prepared by the bureau of labor | 3138 |
statistics of the United States department of labor. | 3139 |
(B) The kilowatt-hour tax receipts fund is hereby created in | 3140 |
the state treasury and shall consist of money arising from the tax | 3141 |
imposed by section 5727.81 of the Revised Code. All money in the | 3142 |
kilowatt-hour tax receipts fund shall be credited as follows: | 3143 |
(1) Sixty-three per cent shall be credited to the general | 3144 |
revenue fund. | 3145 |
(2) Twenty-five and four-tenths per cent shall be credited to | 3146 |
the school district property tax replacement fund, which is hereby | 3147 |
created in the state treasury for the purpose of making the | 3148 |
payments described in section 5727.85 of the Revised Code. | 3149 |
(3) Eleven and six-tenths per cent shall be credited to the | 3150 |
local government property tax replacement fund, which is hereby | 3151 |
created in the state treasury for the purpose of making the | 3152 |
payments described in section 5727.86 of the Revised Code. | 3153 |
(C) The natural gas tax receipts fund is hereby created in | 3154 |
the state treasury and shall consist of money arising from the tax | 3155 |
imposed by section 5727.811 of the Revised Code. All money in the | 3156 |
fund shall be credited as follows: | 3157 |
(1) Sixty-eight and seven-tenths per cent shall be credited | 3158 |
to the school district property tax replacement fund for the | 3159 |
purpose of making the payments described in section 5727.85 of the | 3160 |
Revised Code. | 3161 |
(2) Thirty-one and three-tenths per cent shall be credited to | 3162 |
the local government property tax replacement fund for the purpose | 3163 |
of making the payments described in section 5727.86 of the Revised | 3164 |
Code. | 3165 |
(D) Not later than January 1, 2002, the tax commissioner | 3166 |
shall determine for each taxing district its electric company tax | 3167 |
value loss, which is the sum of the applicable amounts described | 3168 |
in divisions (D)(1) to (4) of this section: | 3169 |
(1) The difference obtained by subtracting the amount | 3170 |
described in division (D)(1)(b) from the amount described in | 3171 |
division (D)(1)(a) of this section. | 3172 |
(a) The value of electric company and rural electric company | 3173 |
tangible personal property as assessed by the tax commissioner for | 3174 |
tax year 1998 on a preliminary assessment, or an amended | 3175 |
preliminary assessment if issued prior to March 1, 1999, and as | 3176 |
apportioned to the taxing district for tax year 1998; | 3177 |
(b) The value of electric company and rural electric company | 3178 |
tangible personal property as assessed by the tax commissioner for | 3179 |
tax year 1998 had the property been apportioned to the taxing | 3180 |
district for tax year 2001, and assessed at the rates in effect | 3181 |
for tax year 2001. | 3182 |
(2) The difference obtained by subtracting the amount | 3183 |
described in division (D)(2)(b) from the amount described in | 3184 |
division (D)(2)(a) of this section. | 3185 |
(a) The three-year average for tax years 1996, 1997, and 1998 | 3186 |
of the assessed value from nuclear fuel materials and assemblies | 3187 |
assessed against a person under Chapter 5711. of the Revised Code | 3188 |
from the leasing of them to an electric company for those | 3189 |
respective tax years, as reflected in the preliminary assessments; | 3190 |
(b) The three-year average assessed value from nuclear fuel | 3191 |
materials and assemblies assessed under division (D)(2)(a) of this | 3192 |
section for tax years 1996, 1997, and 1998, as reflected in the | 3193 |
preliminary assessments, using an assessment rate of twenty-five | 3194 |
per cent. | 3195 |
(3) In the case of a taxing district having a nuclear power | 3196 |
plant within its territory, any amount, resulting in an electric | 3197 |
company tax value loss, obtained by subtracting the amount | 3198 |
described in division (D)(1) of this section from the difference | 3199 |
obtained by subtracting the amount described in division (D)(3)(b) | 3200 |
of this section from the amount described in division (D)(3)(a) of | 3201 |
this section. | 3202 |
(a) The value of electric company tangible personal property | 3203 |
as assessed by the tax commissioner for tax year 2000 on a | 3204 |
preliminary assessment, or an amended preliminary assessment if | 3205 |
issued prior to March 1, 2001, and as apportioned to the taxing | 3206 |
district for tax year 2000; | 3207 |
(b) The value of electric company tangible personal property | 3208 |
as assessed by the tax commissioner for tax year 2001 on a | 3209 |
preliminary assessment, or an amended preliminary assessment if | 3210 |
issued prior to March 1, 2002, and as apportioned to the taxing | 3211 |
district for tax year 2001. | 3212 |
(4) In the case of a taxing district having a nuclear power | 3213 |
plant within its territory, the difference obtained by subtracting | 3214 |
the amount described in division (D)(4)(b) of this section from | 3215 |
the amount described in division (D)(4)(a) of this section, | 3216 |
provided that such difference is greater than ten per cent of the | 3217 |
amount described in division (D)(4)(a) of this section. | 3218 |
(a) The value of electric company tangible personal property | 3219 |
as assessed by the tax commissioner for tax year 2005 on a | 3220 |
preliminary assessment, or an amended preliminary assessment if | 3221 |
issued prior to March 1, 2006, and as apportioned to the taxing | 3222 |
district for tax year 2005; | 3223 |
(b) The value of electric company tangible personal property | 3224 |
as assessed by the tax commissioner for tax year 2006 on a | 3225 |
preliminary assessment, or an amended preliminary assessment if | 3226 |
issued prior to March 1, 2007, and as apportioned to the taxing | 3227 |
district for tax year 2006. | 3228 |
(E) Not later than January 1, 2002, the tax commissioner | 3229 |
shall determine for each taxing district its natural gas company | 3230 |
tax value loss, which is the sum of the amounts described in | 3231 |
divisions (E)(1) and (2) of this section: | 3232 |
(1) The difference obtained by subtracting the amount | 3233 |
described in division (E)(1)(b) from the amount described in | 3234 |
division (E)(1)(a) of this section. | 3235 |
(a) The value of all natural gas company tangible personal | 3236 |
property, other than property described in division (E)(2) of this | 3237 |
section, as assessed by the tax commissioner for tax year 1999 on | 3238 |
a preliminary assessment, or an amended preliminary assessment if | 3239 |
issued prior to March 1, 2000, and apportioned to the taxing | 3240 |
district for tax year 1999; | 3241 |
(b) The value of all natural gas company tangible personal | 3242 |
property, other than property described in division (E)(2) of this | 3243 |
section, as assessed by the tax commissioner for tax year 1999 had | 3244 |
the property been apportioned to the taxing district for tax year | 3245 |
2001, and assessed at the rates in effect for tax year 2001. | 3246 |
(2) The difference in the value of current gas obtained by | 3247 |
subtracting the amount described in division (E)(2)(b) from the | 3248 |
amount described in division (E)(2)(a) of this section. | 3249 |
(a) The three-year average assessed value of current gas as | 3250 |
assessed by the tax commissioner for tax years 1997, 1998, and | 3251 |
1999 on a preliminary assessment, or an amended preliminary | 3252 |
assessment if issued prior to March 1, 2001, and as apportioned in | 3253 |
the taxing district for those respective years; | 3254 |
(b) The three-year average assessed value from current gas | 3255 |
under division (E)(2)(a) of this section for tax years 1997, 1998, | 3256 |
and 1999, as reflected in the preliminary assessment, using an | 3257 |
assessment rate of twenty-five per cent. | 3258 |
(F) The tax commissioner may request that natural gas | 3259 |
companies, electric companies, and rural electric companies file a | 3260 |
report to help determine the tax value loss under divisions (D) | 3261 |
and (E) of this section. The report shall be filed within thirty | 3262 |
days of the commissioner's request. A company that fails to file | 3263 |
the report or does not timely file the report is subject to the | 3264 |
penalty in section 5727.60 of the Revised Code. | 3265 |
(G) Not later than January 1, 2002, the tax commissioner | 3266 |
shall determine for each school district, joint vocational school | 3267 |
district, and local taxing unit its fixed-rate levy loss, which is | 3268 |
the sum of its electric company tax value loss multiplied by the | 3269 |
tax rate in effect in tax year 1998 for fixed-rate levies and its | 3270 |
natural gas company tax value loss multiplied by the tax rate in | 3271 |
effect in tax year 1999 for fixed-rate levies. | 3272 |
(H) Not later than January 1, 2002, the tax commissioner | 3273 |
shall determine for each school district, joint vocational school | 3274 |
district, and local taxing unit its fixed-sum levy loss, which is | 3275 |
the amount obtained by subtracting the amount described in | 3276 |
division (H)(2) of this section from the amount described in | 3277 |
division (H)(1) of this section: | 3278 |
(1) The sum of the electric company tax value loss multiplied | 3279 |
by the tax rate in effect in tax year 1998, and the natural gas | 3280 |
company tax value loss multiplied by the tax rate in effect in tax | 3281 |
year 1999, for fixed-sum levies for all taxing districts within | 3282 |
each school district, joint vocational school district, and local | 3283 |
taxing unit. For the years 2002 through 2006, this computation | 3284 |
shall include school district emergency levies that existed in | 3285 |
1998 in the case of the electric company tax value loss, and 1999 | 3286 |
in the case of the natural gas company tax value loss, and all | 3287 |
other fixed-sum levies that existed in 1998 in the case of the | 3288 |
electric company tax value loss and 1999 in the case of the | 3289 |
natural gas company tax value loss and continue to be charged in | 3290 |
the tax year preceding the distribution year. For the years 2007 | 3291 |
through 2016 in the case of school district emergency levies, and | 3292 |
for all years after 2006 in the case of all other fixed-sum | 3293 |
levies, this computation shall exclude all fixed-sum levies that | 3294 |
existed in 1998 in the case of the electric company tax value loss | 3295 |
and 1999 in the case of the natural gas company tax value loss, | 3296 |
but are no longer in effect in the tax year preceding the | 3297 |
distribution year. For the purposes of this section, an emergency | 3298 |
levy that existed in 1998 in the case of the electric company tax | 3299 |
value loss, and 1999 in the case of the natural gas company tax | 3300 |
value loss, continues to exist in a year beginning on or after | 3301 |
January 1, 2007, but before January 1, 2017, if, in that year, the | 3302 |
board of education levies a school district emergency levy for an | 3303 |
annual sum at least equal to the annual sum levied by the board in | 3304 |
tax year 1998 or 1999, respectively, less the amount of the | 3305 |
payment certified under this division for 2002. | 3306 |
(2) The total taxable value in tax year 1999 less the tax | 3307 |
value loss in each school district, joint vocational school | 3308 |
district, and local taxing unit multiplied by one-fourth of one | 3309 |
mill. | 3310 |
If the amount computed under division (H) of this section for | 3311 |
any school district, joint vocational school district, or local | 3312 |
taxing unit is greater than zero, that amount shall equal the | 3313 |
fixed-sum levy loss reimbursed pursuant to division (E) of section | 3314 |
5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 3315 |
of the Revised Code, and the one-fourth of one mill that is | 3316 |
subtracted under division (H)(2) of this section shall be | 3317 |
apportioned among all contributing fixed-sum levies in the | 3318 |
proportion of each levy to the sum of all fixed-sum levies within | 3319 |
each school district, joint vocational school district, or local | 3320 |
taxing unit. | 3321 |
(I) Notwithstanding divisions (D), (E), (G), and (H) of this | 3322 |
section, in computing the tax value loss, fixed-rate levy loss, | 3323 |
and fixed-sum levy loss, the tax commissioner shall use the | 3324 |
greater of the 1998 tax rate or the 1999 tax rate in the case of | 3325 |
levy losses associated with the electric company tax value loss, | 3326 |
but the 1999 tax rate shall not include for this purpose any tax | 3327 |
levy approved by the voters after June 30, 1999, and the tax | 3328 |
commissioner shall use the greater of the 1999 or the 2000 tax | 3329 |
rate in the case of levy losses associated with the natural gas | 3330 |
company tax value loss. | 3331 |
(J) Not later than January 1, 2002, the tax commissioner | 3332 |
shall certify to the department of education the tax value loss | 3333 |
determined under divisions (D) and (E) of this section for each | 3334 |
taxing district, the fixed-rate levy loss calculated under | 3335 |
division (G) of this section, and the fixed-sum levy loss | 3336 |
calculated under division (H) of this section. The calculations | 3337 |
under divisions (G) and (H) of this section shall separately | 3338 |
display the levy loss for each levy eligible for reimbursement. | 3339 |
(K) Not later than September 1, 2001, the tax commissioner | 3340 |
shall certify the amount of the fixed-sum levy loss to the county | 3341 |
auditor of each county in which a school district with a fixed-sum | 3342 |
levy loss has territory. | 3343 |
Section 2. That existing sections 109.57, 109.572, | 3344 |
3301.0714, 3310.01, 3310.04, 3310.06, 3310.07, 3310.11, 3310.12, | 3345 |
3310.14, 3310.15, 3310.17, 3317.03, 4776.01, and 5727.84 and | 3346 |
sections 3310.02, 3310.03, 3310.05, 3310.08, 3310.09, 3310.10, | 3347 |
3310.13, 3313.974, 3313.975, 3313.976, 3313.977, 3313.978, | 3348 |
3313.979, and 3314.111 of the Revised Code are hereby repealed. | 3349 |
Section 3. The State Board of Education shall initiate | 3350 |
rulemaking procedures for the rules for the Special Education | 3351 |
Scholarship Program, required under section 3310.64 of the Revised | 3352 |
Code, as enacted by this act, so that those rules are in effect | 3353 |
not later than one hundred twenty days after the effective date of | 3354 |
this section. | 3355 |
Section 4. The Department of Education shall conduct a | 3356 |
formative evaluation of the Special Education Scholarship Program | 3357 |
established under sections 3310.51 to 3310.64 of the Revised Code, | 3358 |
using both quantitative and qualitative analyses, and shall report | 3359 |
its findings to the General Assembly, in accordance with section | 3360 |
101.68 of the Revised Code, not later than December 31, 2014. | 3361 |
The study shall include an assessment of: | 3362 |
(A) The level of the participating student's satisfaction | 3363 |
with the program; | 3364 |
(B) The level of the participating parent's satisfaction with | 3365 |
the program; | 3366 |
(C) The fiscal impact to the state and resident school | 3367 |
districts affected by the program. | 3368 |
In conducting the evaluation, the Department shall to the | 3369 |
extent possible gather comments from parents who have been awarded | 3370 |
scholarships under the program, school district officials, | 3371 |
representatives of registered private providers, educators, and | 3372 |
representatives of educational organizations for inclusion in the | 3373 |
report required under this section. | 3374 |
The Department may contract with one or more qualified | 3375 |
researchers who have previous experience evaluating school choice | 3376 |
programs to conduct this study. The Department may accept grants | 3377 |
to assist in funding this study. | 3378 |
Section 5. This act shall be known as the "Parental Choice | 3379 |
and Taxpayer Savings Scholarship Act." | 3380 |
Section 6. Section 3317.03 of the Revised Code is presented | 3381 |
in this act as a composite of the section as amended by both Am. | 3382 |
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The | 3383 |
General Assembly, applying the principle stated in division (B) of | 3384 |
section 1.52 of the Revised Code that amendments are to be | 3385 |
harmonized if reasonably capable of simultaneous operation, finds | 3386 |
that the composite is the resulting version of the section in | 3387 |
effect prior to the effective date of the section as presented in | 3388 |
this act. | 3389 |