As introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 167


Senator Cates 

Cosponsors: Senators Lehner, Jones, Kearney, Seitz, Beagle 

A BILL
To amend sections 109.57, 3313.61, 3317.03, 3319.31, 1
3319.311, and 4117.01 and to enact sections 2
3318.60, 3328.01 to 3328.04, 3328.11 to 3328.15, 3
3328.17 to 3328.19, 3328.191, 3328.192, 3328.193, 4
3328.20 to 3328.26, 3328.31 to 3328.36, 3328.41, 5
3328.45, 3328.50, and 3328.99 of the Revised Code 6
to permit the establishment of public 7
college-preparatory boarding schools for at-risk 8
students to be operated by private nonprofit 9
entities and to establish the College-Preparatory 10
Boarding School Facilities Program.11


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

       Section 1.  That sections 109.57, 3313.61, 3317.03, 3319.31, 12
3319.311, and 4117.01 be amended and sections 3318.60, 3328.01, 13
3328.02, 3328.03, 3328.04, 3328.11, 3328.12, 3328.13, 3328.14, 14
3328.15, 3328.17, 3328.18, 3328.19, 3328.191, 3328.192, 3328.193, 15
3328.20, 3328.21, 3328.22, 3328.23, 3328.24, 3328.25, 3328.26, 16
3328.31, 3328.32, 3328.33, 3328.34, 3328.35, 3328.36, 3328.41, 17
3328.45, 3328.50, and 3328.99 of the Revised Code be enacted to 18
read as follows:19

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 20
criminal identification and investigation shall procure from 21
wherever procurable and file for record photographs, pictures, 22
descriptions, fingerprints, measurements, and other information 23
that may be pertinent of all persons who have been convicted of 24
committing within this state a felony, any crime constituting a 25
misdemeanor on the first offense and a felony on subsequent 26
offenses, or any misdemeanor described in division (A)(1)(a), 27
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 28
of all children under eighteen years of age who have been 29
adjudicated delinquent children for committing within this state 30
an act that would be a felony or an offense of violence if 31
committed by an adult or who have been convicted of or pleaded 32
guilty to committing within this state a felony or an offense of 33
violence, and of all well-known and habitual criminals. The person 34
in charge of any county, multicounty, municipal, municipal-county, 35
or multicounty-municipal jail or workhouse, community-based 36
correctional facility, halfway house, alternative residential 37
facility, or state correctional institution and the person in 38
charge of any state institution having custody of a person 39
suspected of having committed a felony, any crime constituting a 40
misdemeanor on the first offense and a felony on subsequent 41
offenses, or any misdemeanor described in division (A)(1)(a), 42
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or 43
having custody of a child under eighteen years of age with respect 44
to whom there is probable cause to believe that the child may have 45
committed an act that would be a felony or an offense of violence 46
if committed by an adult shall furnish such material to the 47
superintendent of the bureau. Fingerprints, photographs, or other 48
descriptive information of a child who is under eighteen years of 49
age, has not been arrested or otherwise taken into custody for 50
committing an act that would be a felony or an offense of violence 51
who is not in any other category of child specified in this 52
division, if committed by an adult, has not been adjudicated a 53
delinquent child for committing an act that would be a felony or 54
an offense of violence if committed by an adult, has not been 55
convicted of or pleaded guilty to committing a felony or an 56
offense of violence, and is not a child with respect to whom there 57
is probable cause to believe that the child may have committed an 58
act that would be a felony or an offense of violence if committed 59
by an adult shall not be procured by the superintendent or 60
furnished by any person in charge of any county, multicounty, 61
municipal, municipal-county, or multicounty-municipal jail or 62
workhouse, community-based correctional facility, halfway house, 63
alternative residential facility, or state correctional 64
institution, except as authorized in section 2151.313 of the 65
Revised Code. 66

       (2) Every clerk of a court of record in this state, other 67
than the supreme court or a court of appeals, shall send to the 68
superintendent of the bureau a weekly report containing a summary 69
of each case involving a felony, involving any crime constituting 70
a misdemeanor on the first offense and a felony on subsequent 71
offenses, involving a misdemeanor described in division (A)(1)(a), 72
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 73
or involving an adjudication in a case in which a child under 74
eighteen years of age was alleged to be a delinquent child for 75
committing an act that would be a felony or an offense of violence 76
if committed by an adult. The clerk of the court of common pleas 77
shall include in the report and summary the clerk sends under this 78
division all information described in divisions (A)(2)(a) to (f) 79
of this section regarding a case before the court of appeals that 80
is served by that clerk. The summary shall be written on the 81
standard forms furnished by the superintendent pursuant to 82
division (B) of this section and shall include the following 83
information: 84

       (a) The incident tracking number contained on the standard 85
forms furnished by the superintendent pursuant to division (B) of 86
this section; 87

       (b) The style and number of the case; 88

       (c) The date of arrest, offense, summons, or arraignment; 89

       (d) The date that the person was convicted of or pleaded 90
guilty to the offense, adjudicated a delinquent child for 91
committing the act that would be a felony or an offense of 92
violence if committed by an adult, found not guilty of the 93
offense, or found not to be a delinquent child for committing an 94
act that would be a felony or an offense of violence if committed 95
by an adult, the date of an entry dismissing the charge, an entry 96
declaring a mistrial of the offense in which the person is 97
discharged, an entry finding that the person or child is not 98
competent to stand trial, or an entry of a nolle prosequi, or the 99
date of any other determination that constitutes final resolution 100
of the case; 101

       (e) A statement of the original charge with the section of 102
the Revised Code that was alleged to be violated; 103

       (f) If the person or child was convicted, pleaded guilty, or 104
was adjudicated a delinquent child, the sentence or terms of 105
probation imposed or any other disposition of the offender or the 106
delinquent child. 107

       If the offense involved the disarming of a law enforcement 108
officer or an attempt to disarm a law enforcement officer, the 109
clerk shall clearly state that fact in the summary, and the 110
superintendent shall ensure that a clear statement of that fact is 111
placed in the bureau's records. 112

       (3) The superintendent shall cooperate with and assist 113
sheriffs, chiefs of police, and other law enforcement officers in 114
the establishment of a complete system of criminal identification 115
and in obtaining fingerprints and other means of identification of 116
all persons arrested on a charge of a felony, any crime 117
constituting a misdemeanor on the first offense and a felony on 118
subsequent offenses, or a misdemeanor described in division 119
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 120
Revised Code and of all children under eighteen years of age 121
arrested or otherwise taken into custody for committing an act 122
that would be a felony or an offense of violence if committed by 123
an adult. The superintendent also shall file for record the 124
fingerprint impressions of all persons confined in a county, 125
multicounty, municipal, municipal-county, or multicounty-municipal 126
jail or workhouse, community-based correctional facility, halfway 127
house, alternative residential facility, or state correctional 128
institution for the violation of state laws and of all children 129
under eighteen years of age who are confined in a county, 130
multicounty, municipal, municipal-county, or multicounty-municipal 131
jail or workhouse, community-based correctional facility, halfway 132
house, alternative residential facility, or state correctional 133
institution or in any facility for delinquent children for 134
committing an act that would be a felony or an offense of violence 135
if committed by an adult, and any other information that the 136
superintendent may receive from law enforcement officials of the 137
state and its political subdivisions. 138

       (4) The superintendent shall carry out Chapter 2950. of the 139
Revised Code with respect to the registration of persons who are 140
convicted of or plead guilty to a sexually oriented offense or a 141
child-victim oriented offense and with respect to all other duties 142
imposed on the bureau under that chapter. 143

       (5) The bureau shall perform centralized recordkeeping 144
functions for criminal history records and services in this state 145
for purposes of the national crime prevention and privacy compact 146
set forth in section 109.571 of the Revised Code and is the 147
criminal history record repository as defined in that section for 148
purposes of that compact. The superintendent or the 149
superintendent's designee is the compact officer for purposes of 150
that compact and shall carry out the responsibilities of the 151
compact officer specified in that compact. 152

       (B) The superintendent shall prepare and furnish to every 153
county, multicounty, municipal, municipal-county, or 154
multicounty-municipal jail or workhouse, community-based 155
correctional facility, halfway house, alternative residential 156
facility, or state correctional institution and to every clerk of 157
a court in this state specified in division (A)(2) of this section 158
standard forms for reporting the information required under 159
division (A) of this section. The standard forms that the 160
superintendent prepares pursuant to this division may be in a 161
tangible format, in an electronic format, or in both tangible 162
formats and electronic formats. 163

       (C)(1) The superintendent may operate a center for 164
electronic, automated, or other data processing for the storage 165
and retrieval of information, data, and statistics pertaining to 166
criminals and to children under eighteen years of age who are 167
adjudicated delinquent children for committing an act that would 168
be a felony or an offense of violence if committed by an adult, 169
criminal activity, crime prevention, law enforcement, and criminal 170
justice, and may establish and operate a statewide communications 171
network to be known as the Ohio law enforcement gateway to gather 172
and disseminate information, data, and statistics for the use of 173
law enforcement agencies and for other uses specified in this 174
division. The superintendent may gather, store, retrieve, and 175
disseminate information, data, and statistics that pertain to 176
children who are under eighteen years of age and that are gathered 177
pursuant to sections 109.57 to 109.61 of the Revised Code together 178
with information, data, and statistics that pertain to adults and 179
that are gathered pursuant to those sections. 180

       (2) The superintendent or the superintendent's designee shall 181
gather information of the nature described in division (C)(1) of 182
this section that pertains to the offense and delinquency history 183
of a person who has been convicted of, pleaded guilty to, or been 184
adjudicated a delinquent child for committing a sexually oriented 185
offense or a child-victim oriented offense for inclusion in the 186
state registry of sex offenders and child-victim offenders 187
maintained pursuant to division (A)(1) of section 2950.13 of the 188
Revised Code and in the internet database operated pursuant to 189
division (A)(13) of that section and for possible inclusion in the 190
internet database operated pursuant to division (A)(11) of that 191
section. 192

        (3) In addition to any other authorized use of information, 193
data, and statistics of the nature described in division (C)(1) of 194
this section, the superintendent or the superintendent's designee 195
may provide and exchange the information, data, and statistics 196
pursuant to the national crime prevention and privacy compact as 197
described in division (A)(5) of this section. 198

       (4) The attorney general may adopt rules under Chapter 119. 199
of the Revised Code establishing guidelines for the operation of 200
and participation in the Ohio law enforcement gateway. The rules 201
may include criteria for granting and restricting access to 202
information gathered and disseminated through the Ohio law 203
enforcement gateway. The attorney general may appoint a steering 204
committee to advise the attorney general in the operation of the 205
Ohio law enforcement gateway that is comprised of persons who are 206
representatives of the criminal justice agencies in this state 207
that use the Ohio law enforcement gateway and is chaired by the 208
superintendent or the superintendent's designee.209

       (D)(1) The following are not public records under section 210
149.43 of the Revised Code:211

       (a) Information and materials furnished to the superintendent 212
pursuant to division (A) of this section;213

       (b) Information, data, and statistics gathered or 214
disseminated through the Ohio law enforcement gateway pursuant to 215
division (C)(1) of this section;216

       (c) Information and materials furnished to any board or 217
person under division (F) or (G) of this section.218

       (2) The superintendent or the superintendent's designee shall 219
gather and retain information so furnished under division (A) of 220
this section that pertains to the offense and delinquency history 221
of a person who has been convicted of, pleaded guilty to, or been 222
adjudicated a delinquent child for committing a sexually oriented 223
offense or a child-victim oriented offense for the purposes 224
described in division (C)(2) of this section. 225

       (E) The attorney general shall adopt rules, in accordance 226
with Chapter 119. of the Revised Code, setting forth the procedure 227
by which a person may receive or release information gathered by 228
the superintendent pursuant to division (A) of this section. A 229
reasonable fee may be charged for this service. If a temporary 230
employment service submits a request for a determination of 231
whether a person the service plans to refer to an employment 232
position has been convicted of or pleaded guilty to an offense 233
listed in division (A)(1), (3), (4), (5), or (6) of section 234
109.572 of the Revised Code, the request shall be treated as a 235
single request and only one fee shall be charged. 236

       (F)(1) As used in division (F)(2) of this section, "head 237
start agency" means an entity in this state that has been approved 238
to be an agency for purposes of subchapter II of the "Community 239
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 240
as amended. 241

       (2)(a) In addition to or in conjunction with any request that 242
is required to be made under section 109.572, 2151.86, 3301.32, 243
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 244
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 245
Code or that is made under section 3314.41, 3319.392, or 3326.25, 246
or 3328.20 of the Revised Code, the board of education of any 247
school district; the director of developmental disabilities; any 248
county board of developmental disabilities; any entity under 249
contract with a county board of developmental disabilities; the 250
chief administrator of any chartered nonpublic school; the chief 251
administrator of any home health agency; the chief administrator 252
of or person operating any child day-care center, type A family 253
day-care home, or type B family day-care home licensed or 254
certified under Chapter 5104. of the Revised Code; the 255
administrator of any type C family day-care home certified 256
pursuant to Section 1 of Sub. H.B. 62 of the 121st general 257
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general 258
assembly; the chief administrator of any head start agency; the 259
executive director of a public children services agency; a private 260
company described in section 3314.41, 3319.392, or 3326.25, or 261
3328.20 of the Revised Code; or an employer described in division 262
(J)(2) of section 3327.10 of the Revised Code may request that the 263
superintendent of the bureau investigate and determine, with 264
respect to any individual who has applied for employment in any 265
position after October 2, 1989, or any individual wishing to apply 266
for employment with a board of education may request, with regard 267
to the individual, whether the bureau has any information gathered 268
under division (A) of this section that pertains to that 269
individual. On receipt of the request, the superintendent shall 270
determine whether that information exists and, upon request of the 271
person, board, or entity requesting information, also shall 272
request from the federal bureau of investigation any criminal 273
records it has pertaining to that individual. The superintendent 274
or the superintendent's designee also may request criminal history 275
records from other states or the federal government pursuant to 276
the national crime prevention and privacy compact set forth in 277
section 109.571 of the Revised Code. Within thirty days of the 278
date that the superintendent receives a request, the 279
superintendent shall send to the board, entity, or person a report 280
of any information that the superintendent determines exists, 281
including information contained in records that have been sealed 282
under section 2953.32 of the Revised Code, and, within thirty days 283
of its receipt, shall send the board, entity, or person a report 284
of any information received from the federal bureau of 285
investigation, other than information the dissemination of which 286
is prohibited by federal law. 287

       (b) When a board of education is required to receive 288
information under this section as a prerequisite to employment of 289
an individual pursuant to section 3319.39 of the Revised Code, it 290
may accept a certified copy of records that were issued by the 291
bureau of criminal identification and investigation and that are 292
presented by an individual applying for employment with the 293
district in lieu of requesting that information itself. In such a 294
case, the board shall accept the certified copy issued by the 295
bureau in order to make a photocopy of it for that individual's 296
employment application documents and shall return the certified 297
copy to the individual. In a case of that nature, a district only 298
shall accept a certified copy of records of that nature within one 299
year after the date of their issuance by the bureau. 300

       (c) Notwithstanding division (F)(2)(a) of this section, in 301
the case of a request under section 3319.39, 3319.391, or 3327.10 302
of the Revised Code only for criminal records maintained by the 303
federal bureau of investigation, the superintendent shall not 304
determine whether any information gathered under division (A) of 305
this section exists on the person for whom the request is made.306

       (3) The state board of education may request, with respect to 307
any individual who has applied for employment after October 2, 308
1989, in any position with the state board or the department of 309
education, any information that a school district board of 310
education is authorized to request under division (F)(2) of this 311
section, and the superintendent of the bureau shall proceed as if 312
the request has been received from a school district board of 313
education under division (F)(2) of this section. 314

       (4) When the superintendent of the bureau receives a request 315
for information under section 3319.291 of the Revised Code, the 316
superintendent shall proceed as if the request has been received 317
from a school district board of education and shall comply with 318
divisions (F)(2)(a) and (c) of this section. 319

       (5) When a recipient of a classroom reading improvement grant 320
paid under section 3301.86 of the Revised Code requests, with 321
respect to any individual who applies to participate in providing 322
any program or service funded in whole or in part by the grant, 323
the information that a school district board of education is 324
authorized to request under division (F)(2)(a) of this section, 325
the superintendent of the bureau shall proceed as if the request 326
has been received from a school district board of education under 327
division (F)(2)(a) of this section. 328

       (G) In addition to or in conjunction with any request that is 329
required to be made under section 3701.881, 3712.09, 3721.121, or 330
3722.151 of the Revised Code with respect to an individual who has 331
applied for employment in a position that involves providing 332
direct care to an older adult, the chief administrator of a home 333
health agency, hospice care program, home licensed under Chapter 334
3721. of the Revised Code, adult day-care program operated 335
pursuant to rules adopted under section 3721.04 of the Revised 336
Code, or adult care facility may request that the superintendent 337
of the bureau investigate and determine, with respect to any 338
individual who has applied after January 27, 1997, for employment 339
in a position that does not involve providing direct care to an 340
older adult, whether the bureau has any information gathered under 341
division (A) of this section that pertains to that individual. 342

       In addition to or in conjunction with any request that is 343
required to be made under section 173.27 of the Revised Code with 344
respect to an individual who has applied for employment in a 345
position that involves providing ombudsperson services to 346
residents of long-term care facilities or recipients of 347
community-based long-term care services, the state long-term care 348
ombudsperson, ombudsperson's designee, or director of health may 349
request that the superintendent investigate and determine, with 350
respect to any individual who has applied for employment in a 351
position that does not involve providing such ombudsperson 352
services, whether the bureau has any information gathered under 353
division (A) of this section that pertains to that applicant. 354

       In addition to or in conjunction with any request that is 355
required to be made under section 173.394 of the Revised Code with 356
respect to an individual who has applied for employment in a 357
position that involves providing direct care to an individual, the 358
chief administrator of a community-based long-term care agency may 359
request that the superintendent investigate and determine, with 360
respect to any individual who has applied for employment in a 361
position that does not involve providing direct care, whether the 362
bureau has any information gathered under division (A) of this 363
section that pertains to that applicant. 364

       On receipt of a request under this division, the 365
superintendent shall determine whether that information exists 366
and, on request of the individual requesting information, shall 367
also request from the federal bureau of investigation any criminal 368
records it has pertaining to the applicant. The superintendent or 369
the superintendent's designee also may request criminal history 370
records from other states or the federal government pursuant to 371
the national crime prevention and privacy compact set forth in 372
section 109.571 of the Revised Code. Within thirty days of the 373
date a request is received, the superintendent shall send to the 374
requester a report of any information determined to exist, 375
including information contained in records that have been sealed 376
under section 2953.32 of the Revised Code, and, within thirty days 377
of its receipt, shall send the requester a report of any 378
information received from the federal bureau of investigation, 379
other than information the dissemination of which is prohibited by 380
federal law. 381

       (H) Information obtained by a government entity or person 382
under this section is confidential and shall not be released or 383
disseminated. 384

       (I) The superintendent may charge a reasonable fee for 385
providing information or criminal records under division (F)(2) or 386
(G) of this section. 387

       (J) As used in this section, "sexually oriented offense" and 388
"child-victim oriented offense" have the same meanings as in 389
section 2950.01 of the Revised Code. 390

       Sec. 3313.61.  (A) A diploma shall be granted by the board of 391
education of any city, exempted village, or local school district 392
that operates a high school to any person to whom all of the 393
following apply:394

       (1) The person has successfully completed the curriculum in 395
any high school or the individualized education program developed 396
for the person by any high school pursuant to section 3323.08 of 397
the Revised Code, or has qualified under division (D) or (F) of 398
section 3313.603 of the Revised Code, provided that no school 399
district shall require a student to remain in school for any 400
specific number of semesters or other terms if the student 401
completes the required curriculum early;402

       (2) Subject to section 3313.614 of the Revised Code, the 403
person has met the assessment requirements of division (A)(2)(a) 404
or (b) of this section, as applicable.405

       (a) If the person entered the ninth grade prior to the date 406
prescribed by rule of the state board of education under division 407
(E)(2) of section 3301.0712 of the Revised Code, the person 408
either:409

       (i) Has attained at least the applicable scores designated 410
under division (B)(1) of section 3301.0710 of the Revised Code on 411
all the assessments required by that division unless the person 412
was excused from taking any such assessment pursuant to section 413
3313.532 of the Revised Code or unless division (H) or (L) of this 414
section applies to the person;415

       (ii) Has satisfied the alternative conditions prescribed in 416
section 3313.615 of the Revised Code.417

       (b) If the person entered the ninth grade on or after the 418
date prescribed by rule of the state board under division (E)(2) 419
of section 3301.0712 of the Revised Code, the person has attained 420
on the entire assessment system prescribed under division (B)(2) 421
of section 3301.0710 of the Revised Code at least the required 422
passing composite score, designated under division (C)(1) of 423
section 3301.0712 of the Revised Code, except to the extent that 424
the person is excused from some portion of that assessment system 425
pursuant to section 3313.532 of the Revised Code or division (H) 426
or (L) of this section.427

       (3) The person is not eligible to receive an honors diploma 428
granted pursuant to division (B) of this section.429

       Except as provided in divisions (C), (E), (J), and (L) of 430
this section, no diploma shall be granted under this division to 431
anyone except as provided under this division.432

       (B) In lieu of a diploma granted under division (A) of this 433
section, an honors diploma shall be granted, in accordance with 434
rules of the state board, by any such district board to anyone who 435
accomplishes all of the following:436

       (1) Successfully completes the curriculum in any high school 437
or the individualized education program developed for the person 438
by any high school pursuant to section 3323.08 of the Revised 439
Code;440

       (2) Subject to section 3313.614 of the Revised Code, has met 441
the assessment requirements of division (B)(2)(a) or (b) of this 442
section, as applicable.443

       (a) If the person entered the ninth grade prior to the date 444
prescribed by rule of the state board of education under division 445
(E)(2) of section 3301.0712 of the Revised Code, the person 446
either:447

       (i) Has attained at least the applicable scores designated 448
under division (B)(1) of section 3301.0710 of the Revised Code on 449
all the assessments required by that division;450

       (ii) Has satisfied the alternative conditions prescribed in 451
section 3313.615 of the Revised Code.452

       (b) If the person entered the ninth grade on or after the 453
date prescribed by rule of the state board under division (E)(2) 454
of section 3301.0712 of the Revised Code, the person has attained 455
on the entire assessment system prescribed under division (B)(2) 456
of section 3301.0710 of the Revised Code at least the required 457
passing composite score, designated under division (C)(1) of 458
section 3301.0712 of the Revised Code.459

       (3) Has met additional criteria established by the state 460
board for the granting of such a diploma. 461

        An honors diploma shall not be granted to a student who is 462
subject to the Ohio core curriculum prescribed in division (C) of 463
section 3313.603 of the Revised Code but elects the option of 464
division (D) or (F) of that section. Except as provided in 465
divisions (C), (E), and (J) of this section, no honors diploma 466
shall be granted to anyone failing to comply with this division 467
and no more than one honors diploma shall be granted to any 468
student under this division.469

       The state board shall adopt rules prescribing the granting of 470
honors diplomas under this division. These rules may prescribe the 471
granting of honors diplomas that recognize a student's achievement 472
as a whole or that recognize a student's achievement in one or 473
more specific subjects or both. The rules may prescribe the 474
granting of an honors diploma recognizing technical expertise for 475
a career-technical student. In any case, the rules shall designate 476
two or more criteria for the granting of each type of honors 477
diploma the board establishes under this division and the number 478
of such criteria that must be met for the granting of that type of 479
diploma. The number of such criteria for any type of honors 480
diploma shall be at least one less than the total number of 481
criteria designated for that type and no one or more particular 482
criteria shall be required of all persons who are to be granted 483
that type of diploma.484

       (C) Any district board administering any of the assessments 485
required by section 3301.0710 of the Revised Code to any person 486
requesting to take such assessment pursuant to division (B)(8)(b) 487
of section 3301.0711 of the Revised Code shall award a diploma to 488
such person if the person attains at least the applicable scores 489
designated under division (B)(1) of section 3301.0710 of the 490
Revised Code on all the assessments administered and if the person 491
has previously attained the applicable scores on all the other 492
assessments required by division (B)(1) of that section or has 493
been exempted or excused from attaining the applicable score on 494
any such assessment pursuant to division (H) or (L) of this 495
section or from taking any such assessment pursuant to section 496
3313.532 of the Revised Code.497

       (D) Each diploma awarded under this section shall be signed 498
by the president and treasurer of the issuing board, the 499
superintendent of schools, and the principal of the high school. 500
Each diploma shall bear the date of its issue, be in such form as 501
the district board prescribes, and be paid for out of the 502
district's general fund.503

       (E) A person who is a resident of Ohio and is eligible under 504
state board of education minimum standards to receive a high 505
school diploma based in whole or in part on credits earned while 506
an inmate of a correctional institution operated by the state or 507
any political subdivision thereof, shall be granted such diploma 508
by the correctional institution operating the programs in which 509
such credits were earned, and by the board of education of the 510
school district in which the inmate resided immediately prior to 511
the inmate's placement in the institution. The diploma granted by 512
the correctional institution shall be signed by the director of 513
the institution, and by the person serving as principal of the 514
institution's high school and shall bear the date of issue.515

       (F) Persons who are not residents of Ohio but who are inmates 516
of correctional institutions operated by the state or any 517
political subdivision thereof, and who are eligible under state 518
board of education minimum standards to receive a high school 519
diploma based in whole or in part on credits earned while an 520
inmate of the correctional institution, shall be granted a diploma 521
by the correctional institution offering the program in which the 522
credits were earned. The diploma granted by the correctional 523
institution shall be signed by the director of the institution and 524
by the person serving as principal of the institution's high 525
school and shall bear the date of issue.526

       (G) The state board of education shall provide by rule for 527
the administration of the assessments required by section 528
3301.0710 of the Revised Code to inmates of correctional 529
institutions.530

       (H) Any person to whom all of the following apply shall be 531
exempted from attaining the applicable score on the assessment in 532
social studies designated under division (B)(1) of section 533
3301.0710 of the Revised Code, any social studies end-of-course 534
examination required under division (B)(2) of that section if such 535
an exemption is prescribed by rule of the state board under 536
division (E)(4) of section 3301.0712 of the Revised Code, or the 537
test in citizenship designated under former division (B) of 538
section 3301.0710 of the Revised Code as it existed prior to 539
September 11, 2001:540

       (1) The person is not a citizen of the United States;541

       (2) The person is not a permanent resident of the United 542
States;543

       (3) The person indicates no intention to reside in the United 544
States after the completion of high school.545

       (I) Notwithstanding division (D) of section 3311.19 and 546
division (D) of section 3311.52 of the Revised Code, this section 547
and section 3311.611 of the Revised Code do not apply to the board 548
of education of any joint vocational school district or any 549
cooperative education school district established pursuant to 550
divisions (A) to (C) of section 3311.52 of the Revised Code.551

       (J) Upon receipt of a notice under division (D) of section 552
3325.08 or division (D) of section 3328.25 of the Revised Code 553
that a student has received a diploma under thateither section, 554
the board of education receiving the notice may grant a high 555
school diploma under this section to the student, except that such 556
board shall grant the student a diploma if the student meets the 557
graduation requirements that the student would otherwise have had 558
to meet to receive a diploma from the district. The diploma 559
granted under this section shall be of the same type the notice 560
indicates the student received under section 3325.08 or 3328.25 of 561
the Revised Code.562

       (K) As used in this division, "limited English proficient 563
student" has the same meaning as in division (C)(3) of section 564
3301.0711 of the Revised Code.565

        Notwithstanding division (C)(3) of section 3301.0711 of the 566
Revised Code, no limited English proficient student who has not 567
either attained the applicable scores designated under division 568
(B)(1) of section 3301.0710 of the Revised Code on all the 569
assessments required by that division, or attained the composite 570
score designated for the assessments required by division (B)(2) 571
of that section, shall be awarded a diploma under this section.572

       (L) Any student described by division (A)(1) of this section 573
may be awarded a diploma without attaining the applicable scores 574
designated on the assessments prescribed under division (B) of 575
section 3301.0710 of the Revised Code provided an individualized 576
education program specifically exempts the student from attaining 577
such scores. This division does not negate the requirement for 578
such a student to take all such assessments or alternate 579
assessments required by division (C)(1) of section 3301.0711 of 580
the Revised Code for the purpose of assessing student progress as 581
required by federal law.582

       Sec. 3317.03.  The information certified and verified under 583
this section shall be used to calculate payments under this 584
chapter and Chapter 3306. of the Revised Code.585

       (A) The superintendent of each city, local, and exempted 586
village school district and of each educational service center 587
shall, for the schools under the superintendent's supervision, 588
certify to the state board of education on or before the fifteenth 589
day of October in each year for the first full school week in 590
October the average daily membership of students receiving 591
services from schools under the superintendent's supervision, and 592
the numbers of other students entitled to attend school in the 593
district under section 3313.64 or 3313.65 of the Revised Code the 594
superintendent is required to report under this section, so that 595
the department of education can calculate the district's formula 596
ADM. If a school under the superintendent's supervision is closed 597
for one or more days during that week due to hazardous weather 598
conditions or other circumstances described in the first paragraph 599
of division (B) of section 3317.01 of the Revised Code, the 600
superintendent may apply to the superintendent of public 601
instruction for a waiver, under which the superintendent of public 602
instruction may exempt the district superintendent from certifying 603
the average daily membership for that school for that week and 604
specify an alternate week for certifying the average daily 605
membership of that school.606

       The average daily membership during such week shall consist 607
of the sum of the following:608

       (1) On an FTE basis, the number of students in grades 609
kindergarten through twelve receiving any educational services 610
from the district, except that the following categories of 611
students shall not be included in the determination:612

       (a) Students enrolled in adult education classes;613

       (b) Adjacent or other district students enrolled in the 614
district under an open enrollment policy pursuant to section 615
3313.98 of the Revised Code;616

       (c) Students receiving services in the district pursuant to a 617
compact, cooperative education agreement, or a contract, but who 618
are entitled to attend school in another district pursuant to 619
section 3313.64 or 3313.65 of the Revised Code;620

       (d) Students for whom tuition is payable pursuant to sections 621
3317.081 and 3323.141 of the Revised Code;622

       (e) Students receiving services in the district through a 623
scholarship awarded under section 3310.41 of the Revised Code.624

       (2) On an FTE basis, the number of students entitled to 625
attend school in the district pursuant to section 3313.64 or 626
3313.65 of the Revised Code, but receiving educational services in 627
grades kindergarten through twelve from one or more of the 628
following entities:629

       (a) A community school pursuant to Chapter 3314. of the 630
Revised Code, including any participation in a college pursuant to 631
Chapter 3365. of the Revised Code while enrolled in such community 632
school;633

       (b) An alternative school pursuant to sections 3313.974 to 634
3313.979 of the Revised Code as described in division (I)(2)(a) or 635
(b) of this section;636

       (c) A college pursuant to Chapter 3365. of the Revised Code, 637
except when the student is enrolled in the college while also 638
enrolled in a community school pursuant to Chapter 3314. or a 639
science, technology, engineering, and mathematics school 640
established under Chapter 3326. of the Revised Code;641

       (d) An adjacent or other school district under an open 642
enrollment policy adopted pursuant to section 3313.98 of the 643
Revised Code;644

       (e) An educational service center or cooperative education 645
district;646

       (f) Another school district under a cooperative education 647
agreement, compact, or contract;648

       (g) A chartered nonpublic school with a scholarship paid 649
under section 3310.08 of the Revised Code;650

        (h) An alternative public provider or a registered private 651
provider with a scholarship awarded under section 3310.41 of the 652
Revised Code. 653

       As used in this section, "alternative public provider" and 654
"registered private provider" have the same meanings as in section 655
3310.41 of the Revised Code.656

       (i) A science, technology, engineering, and mathematics 657
school established under Chapter 3326. of the Revised Code, 658
including any participation in a college pursuant to Chapter 3365. 659
of the Revised Code while enrolled in the school;660

       (j) A college-preparatory boarding school established under 661
Chapter 3328. of the Revised Code.662

       (3) The number of students enrolled in a joint vocational 663
school district or under a vocational education compact, excluding 664
any students entitled to attend school in the district under 665
section 3313.64 or 3313.65 of the Revised Code who are enrolled in 666
another school district through an open enrollment policy as 667
reported under division (A)(2)(d) of this section and then enroll 668
in a joint vocational school district or under a vocational 669
education compact;670

       (4) The number of children with disabilities, other than 671
preschool children with disabilities, entitled to attend school in 672
the district pursuant to section 3313.64 or 3313.65 of the Revised 673
Code who are placed by the district with a county DD board, minus 674
the number of such children placed with a county DD board in 675
fiscal year 1998. If this calculation produces a negative number, 676
the number reported under division (A)(4) of this section shall be 677
zero.678

       (B) To enable the department of education to obtain the data 679
needed to complete the calculation of payments pursuant to this 680
chapter and Chapter 3306. of the Revised Code, in addition to the 681
average daily membership, each superintendent shall report 682
separately the following student counts for the same week for 683
which average daily membership is certified:684

       (1) The total average daily membership in regular learning 685
day classes included in the report under division (A)(1) or (2) of 686
this section for each of the individual grades kindergarten 687
through twelve in schools under the superintendent's supervision;688

       (2) The number of all preschool children with disabilities 689
enrolled as of the first day of December in classes in the 690
district that are eligible for approval under division (B) of 691
section 3317.05 of the Revised Code and the number of those 692
classes, which shall be reported not later than the fifteenth day 693
of December, in accordance with rules adopted under that section;694

       (3) The number of children entitled to attend school in the 695
district pursuant to section 3313.64 or 3313.65 of the Revised 696
Code who are:697

       (a) Participating in a pilot project scholarship program 698
established under sections 3313.974 to 3313.979 of the Revised 699
Code as described in division (I)(2)(a) or (b) of this section;700

       (b) Enrolled in a college under Chapter 3365. of the Revised 701
Code, except when the student is enrolled in the college while 702
also enrolled in a community school pursuant to Chapter 3314. or a 703
science, technology, engineering, and mathematics school 704
established under Chapter 3326. of the Revised Code;705

       (c) Enrolled in an adjacent or other school district under 706
section 3313.98 of the Revised Code;707

       (d) Enrolled in a community school established under Chapter 708
3314. of the Revised Code that is not an internet- or 709
computer-based community school as defined in section 3314.02 of 710
the Revised Code, including any participation in a college 711
pursuant to Chapter 3365. of the Revised Code while enrolled in 712
such community school;713

       (e) Enrolled in an internet- or computer-based community 714
school, as defined in section 3314.02 of the Revised Code, 715
including any participation in a college pursuant to Chapter 3365. 716
of the Revised Code while enrolled in the school;717

        (f) Enrolled in a chartered nonpublic school with a 718
scholarship paid under section 3310.08 of the Revised Code;719

       (g) Enrolled in kindergarten through grade twelve in an 720
alternative public provider or a registered private provider with 721
a scholarship awarded under section 3310.41 of the Revised Code;722

        (h) Enrolled as a preschool child with a disability in an 723
alternative public provider or a registered private provider with 724
a scholarship awarded under section 3310.41 of the Revised Code;725

       (i) Participating in a program operated by a county DD board 726
or a state institution;727

       (j) Enrolled in a science, technology, engineering, and 728
mathematics school established under Chapter 3326. of the Revised 729
Code, including any participation in a college pursuant to Chapter 730
3365. of the Revised Code while enrolled in the school;731

       (k) Enrolled in a college-preparatory boarding school 732
established under Chapter 3328. of the Revised Code.733

       (4) The number of pupils enrolled in joint vocational 734
schools;735

       (5) The average daily membership of children with 736
disabilities reported under division (A)(1) or (2) of this section 737
receiving special education services for the category one 738
disability described in division (D)(1) of section 3306.02 of the 739
Revised Code;740

       (6) The average daily membership of children with 741
disabilities reported under division (A)(1) or (2) of this section 742
receiving special education services for category two disabilities 743
described in division (D)(2) of section 3306.02 of the Revised 744
Code;745

       (7) The average daily membership of children with 746
disabilities reported under division (A)(1) or (2) of this section 747
receiving special education services for category three 748
disabilities described in division (D)(3) of section 3306.02 of 749
the Revised Code;750

       (8) The average daily membership of children with 751
disabilities reported under division (A)(1) or (2) of this section 752
receiving special education services for category four 753
disabilities described in division (D)(4) of section 3306.02 of 754
the Revised Code;755

       (9) The average daily membership of children with 756
disabilities reported under division (A)(1) or (2) of this section 757
receiving special education services for the category five 758
disabilities described in division (D)(5) of section 3306.02 of 759
the Revised Code;760

       (10) The combined average daily membership of children with 761
disabilities reported under division (A)(1) or (2) and under 762
division (B)(3)(h) of this section receiving special education 763
services for category six disabilities described in division 764
(D)(6) of section 3306.02 of the Revised Code, including children 765
attending a special education program operated by an alternative 766
public provider or a registered private provider with a 767
scholarship awarded under section 3310.41 of the Revised Code;768

       (11) The average daily membership of pupils reported under 769
division (A)(1) or (2) of this section enrolled in category one 770
vocational education programs or classes, described in division 771
(A) of section 3317.014 of the Revised Code, operated by the 772
school district or by another district, other than a joint 773
vocational school district, or by an educational service center, 774
excluding any student reported under division (B)(3)(e) of this 775
section as enrolled in an internet- or computer-based community 776
school, notwithstanding division (C) of section 3317.02 of the 777
Revised Code and division (C)(3) of this section;778

       (12) The average daily membership of pupils reported under 779
division (A)(1) or (2) of this section enrolled in category two 780
vocational education programs or services, described in division 781
(B) of section 3317.014 of the Revised Code, operated by the 782
school district or another school district, other than a joint 783
vocational school district, or by an educational service center, 784
excluding any student reported under division (B)(3)(e) of this 785
section as enrolled in an internet- or computer-based community 786
school, notwithstanding division (C) of section 3317.02 of the 787
Revised Code and division (C)(3) of this section;788

       Beginning with fiscal year 2010, vocational education ADM 789
shall not be used to calculate a district's funding but shall be 790
reported under divisions (B)(11) and (12) of this section for 791
statistical purposes.792

       (13) The average number of children transported by the school 793
district on board-owned or contractor-owned and -operated buses, 794
reported in accordance with rules adopted by the department of 795
education;796

       (14)(a) The number of children, other than preschool children 797
with disabilities, the district placed with a county DD board in 798
fiscal year 1998;799

       (b) The number of children with disabilities, other than 800
preschool children with disabilities, placed with a county DD 801
board in the current fiscal year to receive special education 802
services for the category one disability described in division 803
(D)(1) of section 3306.02 of the Revised Code;804

       (c) The number of children with disabilities, other than 805
preschool children with disabilities, placed with a county DD 806
board in the current fiscal year to receive special education 807
services for category two disabilities described in division 808
(D)(2) of section 3306.02 of the Revised Code;809

       (d) The number of children with disabilities, other than 810
preschool children with disabilities, placed with a county DD 811
board in the current fiscal year to receive special education 812
services for category three disabilities described in division 813
(D)(3) of section 3306.02 of the Revised Code;814

       (e) The number of children with disabilities, other than 815
preschool children with disabilities, placed with a county DD 816
board in the current fiscal year to receive special education 817
services for category four disabilities described in division 818
(D)(4) of section 3306.02 of the Revised Code;819

       (f) The number of children with disabilities, other than 820
preschool children with disabilities, placed with a county DD 821
board in the current fiscal year to receive special education 822
services for the category five disabilities described in division 823
(D)(5) of section 3306.02 of the Revised Code;824

       (g) The number of children with disabilities, other than 825
preschool children with disabilities, placed with a county DD 826
board in the current fiscal year to receive special education 827
services for category six disabilities described in division 828
(D)(6) of section 3306.02 of the Revised Code.829

       (C)(1) The average daily membership in divisions (B)(1) to 830
(12) of this section shall be based upon the number of full-time 831
equivalent students. The state board of education shall adopt 832
rules defining full-time equivalent students and for determining 833
the average daily membership therefrom for the purposes of 834
divisions (A), (B), and (D) of this section. Each student enrolled 835
in kindergarten shall be counted as one full-time equivalent 836
student regardless of whether the student is enrolled in a 837
part-day or all-day kindergarten class.838

       (2) A student enrolled in a community school established 839
under Chapter 3314. or; a science, technology, engineering, and 840
mathematics school established under Chapter 3326.; or a 841
college-preparatory boarding school established under Chapter 842
3328. of the Revised Code shall be counted in the formula ADM and, 843
if applicable, the category one, two, three, four, five, or six 844
special education ADM of the school district in which the student 845
is entitled to attend school under section 3313.64 or 3313.65 of 846
the Revised Code for the same proportion of the school year that 847
the student is counted in the enrollment of the community school 848
or the; science, technology, engineering, and mathematics school; 849
or college-preparatory boarding school for purposes of section 850
3314.08 or, 3326.33, or 3328.34 of the Revised Code. 851
Notwithstanding the number of students reported pursuant to 852
division (B)(3)(d), (e), or (j), or (k) of this section, the 853
department may adjust the formula ADM of a school district to 854
account for students entitled to attend school in the district 855
under section 3313.64 or 3313.65 of the Revised Code who are 856
enrolled in a community school or a; science, technology, 857
engineering, and mathematics school; or college-preparatory 858
boarding school for only a portion of the school year.859

        (3) No child shall be counted as more than a total of one 860
child in the sum of the average daily memberships of a school 861
district under division (A), divisions (B)(1) to (12), or division 862
(D) of this section, except as follows:863

       (a) A child with a disability described in division (D) of 864
section 3306.02 of the Revised Code may be counted both in formula 865
ADM and in category one, two, three, four, five, or six special 866
education ADM and, if applicable, in category one or two 867
vocational education ADM. As provided in division (C) of section 868
3317.02 of the Revised Code, such a child shall be counted in 869
category one, two, three, four, five, or six special education ADM 870
in the same proportion that the child is counted in formula ADM.871

       (b) A child enrolled in vocational education programs or 872
classes described in section 3317.014 of the Revised Code may be 873
counted both in formula ADM and category one or two vocational 874
education ADM and, if applicable, in category one, two, three, 875
four, five, or six special education ADM. Such a child shall be 876
counted in category one or two vocational education ADM in the 877
same proportion as the percentage of time that the child spends in 878
the vocational education programs or classes.879

       (4) Based on the information reported under this section, the 880
department of education shall determine the total student count, 881
as defined in section 3301.011 of the Revised Code, for each 882
school district.883

       (D)(1) The superintendent of each joint vocational school 884
district shall certify to the superintendent of public instruction 885
on or before the fifteenth day of October in each year for the 886
first full school week in October the formula ADM, for purposes of 887
section 3318.42 of the Revised Code and for any other purpose 888
prescribed by law for which "formula ADM" of the joint vocational 889
district is a factor. If a school operated by the joint vocational 890
school district is closed for one or more days during that week 891
due to hazardous weather conditions or other circumstances 892
described in the first paragraph of division (B) of section 893
3317.01 of the Revised Code, the superintendent may apply to the 894
superintendent of public instruction for a waiver, under which the 895
superintendent of public instruction may exempt the district 896
superintendent from certifying the formula ADM for that school for 897
that week and specify an alternate week for certifying the formula 898
ADM of that school.899

       The formula ADM, except as otherwise provided in this 900
division, shall consist of the average daily membership during 901
such week, on an FTE basis, of the number of students receiving 902
any educational services from the district, including students 903
enrolled in a community school established under Chapter 3314. or 904
a science, technology, engineering, and mathematics school 905
established under Chapter 3326. of the Revised Code who are 906
attending the joint vocational district under an agreement between 907
the district board of education and the governing authority of the 908
community school or the governing body of the science, technology, 909
engineering, and mathematics school and are entitled to attend 910
school in a city, local, or exempted village school district whose 911
territory is part of the territory of the joint vocational 912
district. 913

        The following categories of students shall not be included in 914
the determination made under division (D)(1) of this section:915

       (a) Students enrolled in adult education classes;916

       (b) Adjacent or other district joint vocational students 917
enrolled in the district under an open enrollment policy pursuant 918
to section 3313.98 of the Revised Code;919

       (c) Students receiving services in the district pursuant to a 920
compact, cooperative education agreement, or a contract, but who 921
are entitled to attend school in a city, local, or exempted 922
village school district whose territory is not part of the 923
territory of the joint vocational district;924

       (d) Students for whom tuition is payable pursuant to sections 925
3317.081 and 3323.141 of the Revised Code.926

       (2) In addition to the formula ADM, each superintendent shall 927
report separately the average daily membership included in the 928
report under division (D)(1) of this section for each of the 929
following categories of students for the same week for which 930
formula ADM is certified:931

       (a) Students enrolled in each individual grade included in 932
the joint vocational district schools;933

       (b) Children with disabilities receiving special education 934
services for the category one disability described in division 935
(D)(1) of section 3306.02 of the Revised Code;936

       (c) Children with disabilities receiving special education 937
services for the category two disabilities described in division 938
(D)(2) of section 3306.02 of the Revised Code;939

       (d) Children with disabilities receiving special education 940
services for category three disabilities described in division 941
(D)(3) of section 3306.02 of the Revised Code;942

       (e) Children with disabilities receiving special education 943
services for category four disabilities described in division 944
(D)(4) of section 3306.02 of the Revised Code;945

       (f) Children with disabilities receiving special education 946
services for the category five disabilities described in division 947
(D)(5) of section 3306.02 of the Revised Code;948

       (g) Children with disabilities receiving special education 949
services for category six disabilities described in division 950
(D)(6) of section 3306.02 of the Revised Code;951

       (h) Students receiving category one vocational education 952
services, described in division (A) of section 3317.014 of the 953
Revised Code;954

       (i) Students receiving category two vocational education 955
services, described in division (B) of section 3317.014 of the 956
Revised Code.957

       The superintendent of each joint vocational school district 958
shall also indicate the city, local, or exempted village school 959
district in which each joint vocational district pupil is entitled 960
to attend school pursuant to section 3313.64 or 3313.65 of the 961
Revised Code.962

       (E) In each school of each city, local, exempted village, 963
joint vocational, and cooperative education school district there 964
shall be maintained a record of school membership, which record 965
shall accurately show, for each day the school is in session, the 966
actual membership enrolled in regular day classes. For the purpose 967
of determining average daily membership, the membership figure of 968
any school shall not include any pupils except those pupils 969
described by division (A) of this section. The record of 970
membership for each school shall be maintained in such manner that 971
no pupil shall be counted as in membership prior to the actual 972
date of entry in the school and also in such manner that where for 973
any cause a pupil permanently withdraws from the school that pupil 974
shall not be counted as in membership from and after the date of 975
such withdrawal. There shall not be included in the membership of 976
any school any of the following:977

       (1) Any pupil who has graduated from the twelfth grade of a 978
public or nonpublic high school;979

       (2) Any pupil who is not a resident of the state;980

       (3) Any pupil who was enrolled in the schools of the district 981
during the previous school year when assessments were administered 982
under section 3301.0711 of the Revised Code but did not take one 983
or more of the assessments required by that section and was not 984
excused pursuant to division (C)(1) or (3) of that section;985

       (4) Any pupil who has attained the age of twenty-two years, 986
except for veterans of the armed services whose attendance was 987
interrupted before completing the recognized twelve-year course of 988
the public schools by reason of induction or enlistment in the 989
armed forces and who apply for reenrollment in the public school 990
system of their residence not later than four years after 991
termination of war or their honorable discharge.992

       If, however, any veteran described by division (E)(4) of this 993
section elects to enroll in special courses organized for veterans 994
for whom tuition is paid under the provisions of federal laws, or 995
otherwise, that veteran shall not be included in average daily 996
membership.997

       Notwithstanding division (E)(3) of this section, the 998
membership of any school may include a pupil who did not take an 999
assessment required by section 3301.0711 of the Revised Code if 1000
the superintendent of public instruction grants a waiver from the 1001
requirement to take the assessment to the specific pupil and a 1002
parent is not paying tuition for the pupil pursuant to section 1003
3313.6410 of the Revised Code. The superintendent may grant such a 1004
waiver only for good cause in accordance with rules adopted by the 1005
state board of education.1006

       Except as provided in divisions (B)(2) and (F) of this 1007
section, the average daily membership figure of any local, city, 1008
exempted village, or joint vocational school district shall be 1009
determined by dividing the figure representing the sum of the 1010
number of pupils enrolled during each day the school of attendance 1011
is actually open for instruction during the week for which the 1012
average daily membership is being certified by the total number of 1013
days the school was actually open for instruction during that 1014
week. For purposes of state funding, "enrolled" persons are only 1015
those pupils who are attending school, those who have attended 1016
school during the current school year and are absent for 1017
authorized reasons, and those children with disabilities currently 1018
receiving home instruction.1019

       The average daily membership figure of any cooperative 1020
education school district shall be determined in accordance with 1021
rules adopted by the state board of education.1022

       (F)(1) If the formula ADM for the first full school week in 1023
February is at least three per cent greater than that certified 1024
for the first full school week in the preceding October, the 1025
superintendent of schools of any city, exempted village, or joint 1026
vocational school district or educational service center shall 1027
certify such increase to the superintendent of public instruction. 1028
Such certification shall be submitted no later than the fifteenth 1029
day of February. For the balance of the fiscal year, beginning 1030
with the February payments, the superintendent of public 1031
instruction shall use the increased formula ADM in calculating or 1032
recalculating the amounts to be allocated in accordance with 1033
section 3317.022 or 3317.16 of the Revised Code. In no event shall 1034
the superintendent use an increased membership certified to the 1035
superintendent after the fifteenth day of February. Division 1036
(F)(1) of this section does not apply after fiscal year 2006.1037

       (2) If on the first school day of April the total number of 1038
classes or units for preschool children with disabilities that are 1039
eligible for approval under division (B) of section 3317.05 of the 1040
Revised Code exceeds the number of units that have been approved 1041
for the year under that division, the superintendent of schools of 1042
any city, exempted village, or cooperative education school 1043
district or educational service center shall make the 1044
certifications required by this section for that day. If the 1045
department determines additional units can be approved for the 1046
fiscal year within any limitations set forth in the acts 1047
appropriating moneys for the funding of such units, the department 1048
shall approve additional units for the fiscal year on the basis of 1049
such average daily membership. For each unit so approved, the 1050
department shall pay an amount computed in the manner prescribed 1051
in section 3317.052 or 3317.19 and section 3317.053 of the Revised 1052
Code.1053

       (3) If a student attending a community school under Chapter 1054
3314. or; a science, technology, engineering, and mathematics 1055
school established under Chapter 3326.; or a college-preparatory 1056
boarding school established under Chapter 3328. of the Revised 1057
Code is not included in the formula ADM certified for the school 1058
district in which the student is entitled to attend school under 1059
section 3313.64 or 3313.65 of the Revised Code, the department of 1060
education shall adjust the formula ADM of that school district to 1061
include the student in accordance with division (C)(2) of this 1062
section, and shall recalculate the school district's payments 1063
under this chapter and Chapter 3306. of the Revised Code for the 1064
entire fiscal year on the basis of that adjusted formula ADM. This 1065
requirement applies regardless of whether the student was 1066
enrolled, as defined in division (E) of this section, in the 1067
community school or the; science, technology, engineering, and 1068
mathematics school; or college-preparatory boarding school during 1069
the week for which the formula ADM is being certified.1070

       (4) If a student awarded an educational choice scholarship is 1071
not included in the formula ADM of the school district from which 1072
the department deducts funds for the scholarship under section 1073
3310.08 of the Revised Code, the department shall adjust the 1074
formula ADM of that school district to include the student to the 1075
extent necessary to account for the deduction, and shall 1076
recalculate the school district's payments under this chapter and 1077
Chapter 3306. of the Revised Code for the entire fiscal year on 1078
the basis of that adjusted formula ADM. This requirement applies 1079
regardless of whether the student was enrolled, as defined in 1080
division (E) of this section, in the chartered nonpublic school, 1081
the school district, or a community school during the week for 1082
which the formula ADM is being certified.1083

       (G)(1)(a) The superintendent of an institution operating a 1084
special education program pursuant to section 3323.091 of the 1085
Revised Code shall, for the programs under such superintendent's 1086
supervision, certify to the state board of education, in the 1087
manner prescribed by the superintendent of public instruction, 1088
both of the following:1089

       (i) The average daily membership of all children with 1090
disabilities other than preschool children with disabilities 1091
receiving services at the institution for each category of 1092
disability described in divisions (D)(1) to (6) of section 3306.02 1093
of the Revised Code;1094

       (ii) The average daily membership of all preschool children 1095
with disabilities in classes or programs approved annually by the 1096
department of education for unit funding under section 3317.05 of 1097
the Revised Code.1098

       (b) The superintendent of an institution with vocational 1099
education units approved under division (A) of section 3317.05 of 1100
the Revised Code shall, for the units under the superintendent's 1101
supervision, certify to the state board of education the average 1102
daily membership in those units, in the manner prescribed by the 1103
superintendent of public instruction.1104

       (2) The superintendent of each county DD board that maintains 1105
special education classes under section 3317.20 of the Revised 1106
Code or units approved pursuant to section 3317.05 of the Revised 1107
Code shall do both of the following:1108

       (a) Certify to the state board, in the manner prescribed by 1109
the board, the average daily membership in classes under section 1110
3317.20 of the Revised Code for each school district that has 1111
placed children in the classes;1112

       (b) Certify to the state board, in the manner prescribed by 1113
the board, the number of all preschool children with disabilities 1114
enrolled as of the first day of December in classes eligible for 1115
approval under division (B) of section 3317.05 of the Revised 1116
Code, and the number of those classes.1117

       (3)(a) If on the first school day of April the number of 1118
classes or units maintained for preschool children with 1119
disabilities by the county DD board that are eligible for approval 1120
under division (B) of section 3317.05 of the Revised Code is 1121
greater than the number of units approved for the year under that 1122
division, the superintendent shall make the certification required 1123
by this section for that day.1124

       (b) If the department determines that additional classes or 1125
units can be approved for the fiscal year within any limitations 1126
set forth in the acts appropriating moneys for the funding of the 1127
classes and units described in division (G)(3)(a) of this section, 1128
the department shall approve and fund additional units for the 1129
fiscal year on the basis of such average daily membership. For 1130
each unit so approved, the department shall pay an amount computed 1131
in the manner prescribed in sections 3317.052 and 3317.053 of the 1132
Revised Code.1133

       (H) Except as provided in division (I) of this section, when 1134
any city, local, or exempted village school district provides 1135
instruction for a nonresident pupil whose attendance is 1136
unauthorized attendance as defined in section 3327.06 of the 1137
Revised Code, that pupil's membership shall not be included in 1138
that district's membership figure used in the calculation of that 1139
district's formula ADM or included in the determination of any 1140
unit approved for the district under section 3317.05 of the 1141
Revised Code. The reporting official shall report separately the 1142
average daily membership of all pupils whose attendance in the 1143
district is unauthorized attendance, and the membership of each 1144
such pupil shall be credited to the school district in which the 1145
pupil is entitled to attend school under division (B) of section 1146
3313.64 or section 3313.65 of the Revised Code as determined by 1147
the department of education.1148

       (I)(1) A city, local, exempted village, or joint vocational 1149
school district admitting a scholarship student of a pilot project 1150
district pursuant to division (C) of section 3313.976 of the 1151
Revised Code may count such student in its average daily 1152
membership.1153

       (2) In any year for which funds are appropriated for pilot 1154
project scholarship programs, a school district implementing a 1155
state-sponsored pilot project scholarship program that year 1156
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 1157
count in average daily membership:1158

       (a) All children residing in the district and utilizing a 1159
scholarship to attend kindergarten in any alternative school, as 1160
defined in section 3313.974 of the Revised Code;1161

       (b) All children who were enrolled in the district in the 1162
preceding year who are utilizing a scholarship to attend any such 1163
alternative school.1164

       (J) The superintendent of each cooperative education school 1165
district shall certify to the superintendent of public 1166
instruction, in a manner prescribed by the state board of 1167
education, the applicable average daily memberships for all 1168
students in the cooperative education district, also indicating 1169
the city, local, or exempted village district where each pupil is 1170
entitled to attend school under section 3313.64 or 3313.65 of the 1171
Revised Code.1172

       (K) If the superintendent of public instruction determines 1173
that a component of the average daily membership certified or 1174
reported by a district superintendent, or other reporting entity, 1175
is not correct, the superintendent of public instruction may order 1176
that the formula ADM used for the purposes of payments under any 1177
section of Title XXXIII of the Revised Code be adjusted in the 1178
amount of the error.1179

       Sec. 3318.60. (A) As used in this section:1180

        (1) "Acquisition of classroom facilities" means constructing, 1181
reconstructing, repairing, or making additions to classroom 1182
facilities.1183

        (2) "Ohio school facilities commission" and "classroom 1184
facilities" have the same meanings as in section 3318.01 of the 1185
Revised Code.1186

        (B) There is hereby established the college-preparatory 1187
boarding school facilities program. Under the program, the Ohio 1188
school facilities commission shall provide assistance to the 1189
boards of trustees of college-preparatory boarding schools 1190
established under Chapter 3328. of the Revised Code for the 1191
acquisition of classroom facilities.1192

        (C) To be eligible for assistance under this program, a board 1193
of trustees shall secure at least twenty million dollars of 1194
private money to satisfy its share of facilities acquisition. A 1195
board of trustees that receives assistance under the program shall 1196
fund the acquisition of residential facilities and any other 1197
facilities other than classroom facilities through private means.1198

        (D) The lease payments made by the boards of trustees of 1199
college-preparatory boarding schools receiving assistance under 1200
the program shall be deposited into the state treasury and 1201
credited to the common schools capital facilities bond service 1202
fund created in section 151.03 of the Revised Code.1203

        (E) The acquisition of classroom facilities with assistance 1204
provided under the program shall not be subject to sections 1205
3318.01 to 3318.20 of the Revised Code.1206

        (F) Within the ninety-day period immediately following the 1207
effective date of this section, the commission shall adopt rules 1208
necessary for the implementation and administration of the 1209
program. 1210

       Sec. 3319.31.  (A) As used in this section and sections 1211
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license" 1212
means a certificate, license, or permit described in this chapter 1213
or in division (B) of section 3301.071 or in section 3301.074 of 1214
the Revised Code.1215

       (B) For any of the following reasons, the state board of 1216
education, in accordance with Chapter 119. and section 3319.311 of 1217
the Revised Code, may refuse to issue a license to an applicant; 1218
may limit a license it issues to an applicant; may suspend, 1219
revoke, or limit a license that has been issued to any person; or 1220
may revoke a license that has been issued to any person and has 1221
expired:1222

       (1) Engaging in an immoral act, incompetence, negligence, or 1223
conduct that is unbecoming to the applicant's or person's 1224
position;1225

       (2) A plea of guilty to, a finding of guilt by a jury or 1226
court of, or a conviction of any of the following:1227

       (a) A felony other than a felony listed in division (C) of 1228
this section;1229

       (b) An offense of violence other than an offense of violence 1230
listed in division (C) of this section;1231

       (c) A theft offense, as defined in section 2913.01 of the 1232
Revised Code, other than a theft offense listed in division (C) of 1233
this section;1234

       (d) A drug abuse offense, as defined in section 2925.01 of 1235
the Revised Code, that is not a minor misdemeanor, other than a 1236
drug abuse offense listed in division (C) of this section;1237

       (e) A violation of an ordinance of a municipal corporation 1238
that is substantively comparable to an offense listed in divisions 1239
(B)(2)(a) to (d) of this section.1240

       (3) A judicial finding of eligibility for intervention in 1241
lieu of conviction under section 2951.041 of the Revised Code, or 1242
agreeing to participate in a pre-trial diversion program under 1243
section 2935.36 of the Revised Code, or a similar diversion 1244
program under rules of a court, for any offense listed in division 1245
(B)(2) or (C) of this section;1246

       (4) Failure to comply with section 3314.40, 3319.313, 1247
3326.24, 3328.19, or 5126.253 of the Revised Code.1248

       (C) Upon learning of a plea of guilty to, a finding of guilt 1249
by a jury or court of, or a conviction of any of the offenses 1250
listed in this division by a person who holds a current or expired 1251
license or is an applicant for a license or renewal of a license, 1252
the state board or the superintendent of public instruction, if 1253
the state board has delegated the duty pursuant to division (D) of 1254
this section, shall by a written order revoke the person's license 1255
or deny issuance or renewal of the license to the person. The 1256
state board or the superintendent shall revoke a license that has 1257
been issued to a person to whom this division applies and has 1258
expired in the same manner as a license that has not expired.1259

       Revocation of a license or denial of issuance or renewal of a 1260
license under this division is effective immediately at the time 1261
and date that the board or superintendent issues the written order 1262
and is not subject to appeal in accordance with Chapter 119. of 1263
the Revised Code. Revocation of a license or denial of issuance or 1264
renewal of license under this division remains in force during the 1265
pendency of an appeal by the person of the plea of guilty, finding 1266
of guilt, or conviction that is the basis of the action taken 1267
under this division.1268

       The state board or superintendent shall take the action 1269
required by this division for a violation of division (B)(1), (2), 1270
(3), or (4) of section 2919.22 of the Revised Code; a violation of 1271
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 1272
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02, 1273
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22, 1274
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32, 1275
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22, 1276
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44, 1277
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121, 1278
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34, 1279
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02, 1280
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 1281
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11 1282
of the Revised Code; a violation of section 2905.04 of the Revised 1283
Code as it existed prior to July 1, 1996; a violation of section 1284
2919.23 of the Revised Code that would have been a violation of 1285
section 2905.04 of the Revised Code as it existed prior to July 1, 1286
1996, had the violation been committed prior to that date; 1287
felonious sexual penetration in violation of former section 1288
2907.12 of the Revised Code; or a violation of an ordinance of a 1289
municipal corporation that is substantively comparable to an 1290
offense listed in this paragraph.1291

       (D) The state board may delegate to the superintendent of 1292
public instruction the authority to revoke a person's license or 1293
to deny issuance or renewal of a license to a person under 1294
division (C) or (F) of this section.1295

       (E)(1) If the plea of guilty, finding of guilt, or conviction 1296
that is the basis of the action taken under division (B)(2) or (C) 1297
of this section, or under the version of division (F) of section 1298
3319.311 of the Revised Code in effect prior to the effective date 1299
of this amendmentSeptember 12, 2008, is overturned on appeal, 1300
upon exhaustion of the criminal appeal, the clerk of the court 1301
that overturned the plea, finding, or conviction or, if 1302
applicable, the clerk of the court that accepted an appeal from 1303
the court that overturned the plea, finding, or conviction, shall 1304
notify the state board that the plea, finding, or conviction has 1305
been overturned. Within thirty days after receiving the 1306
notification, the state board shall initiate proceedings to 1307
reconsider the revocation or denial of the person's license in 1308
accordance with division (E)(2) of this section. In addition, the 1309
person whose license was revoked or denied may file with the state 1310
board a petition for reconsideration of the revocation or denial 1311
along with appropriate court documents.1312

       (2) Upon receipt of a court notification or a petition and 1313
supporting court documents under division (E)(1) of this section, 1314
the state board, after offering the person an opportunity for an 1315
adjudication hearing under Chapter 119. of the Revised Code, shall 1316
determine whether the person committed the act in question in the 1317
prior criminal action against the person that is the basis of the 1318
revocation or denial and may continue the revocation or denial, 1319
may reinstate the person's license, with or without limits, or may 1320
grant the person a new license, with or without limits. The 1321
decision of the board shall be based on grounds for revoking, 1322
denying, suspending, or limiting a license adopted by rule under 1323
division (G) of this section and in accordance with the 1324
evidentiary standards the board employs for all other licensure 1325
hearings. The decision of the board under this division is subject 1326
to appeal under Chapter 119. of the Revised Code.1327

       (3) A person whose license is revoked or denied under 1328
division (C) of this section shall not apply for any license if 1329
the plea of guilty, finding of guilt, or conviction that is the 1330
basis of the revocation or denial, upon completion of the criminal 1331
appeal, either is upheld or is overturned but the state board 1332
continues the revocation or denial under division (E)(2) of this 1333
section and that continuation is upheld on final appeal.1334

       (F) The state board may take action under division (B) of 1335
this section, and the state board or the superintendent shall take 1336
the action required under division (C) of this section, on the 1337
basis of substantially comparable conduct occurring in a 1338
jurisdiction outside this state or occurring before a person 1339
applies for or receives any license.1340

       (G) The state board may adopt rules in accordance with 1341
Chapter 119. of the Revised Code to carry out this section and 1342
section 3319.311 of the Revised Code.1343

       Sec. 3319.311.  (A)(1) The state board of education, or the 1344
superintendent of public instruction on behalf of the board, may 1345
investigate any information received about a person that 1346
reasonably appears to be a basis for action under section 3319.31 1347
of the Revised Code, including information received pursuant to 1348
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253, 1349
or 5153.176 of the Revised Code. Except as provided in division 1350
(A)(2) of this section, the board shall contract with the office 1351
of the Ohio attorney general to conduct any investigation of that 1352
nature. The board shall pay for the costs of the contract only 1353
from moneys in the state board of education licensure fund 1354
established under section 3319.51 of the Revised Code. Except as 1355
provided in division (A)(2) of this section, all information 1356
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24, 1357
3328.19, 5126.253, or 5153.176 of the Revised Code, and all 1358
information obtained during an investigation is confidential and 1359
is not a public record under section 149.43 of the Revised Code. 1360
If an investigation is conducted under this division regarding 1361
information received about a person and no action is taken against 1362
the person under this section or section 3319.31 of the Revised 1363
Code within two years of the completion of the investigation, all 1364
records of the investigation shall be expunged.1365

       (2) In the case of a person about whom the board has learned 1366
of a plea of guilty to, finding of guilt by a jury or court of, or 1367
a conviction of an offense listed in division (C) of section 1368
3319.31 of the Revised Code, or substantially comparable conduct 1369
occurring in a jurisdiction outside this state, the board or the 1370
superintendent of public instruction need not conduct any further 1371
investigation and shall take the action required by division (C) 1372
or (F) of that section. Except as provided in division (G) of this 1373
section, all information obtained by the board or the 1374
superintendent of public instruction pertaining to the action is a 1375
public record under section 149.43 of the Revised Code.1376

       (B) The superintendent of public instruction shall review the 1377
results of each investigation of a person conducted under division 1378
(A)(1) of this section and shall determine, on behalf of the state 1379
board, whether the results warrant initiating action under 1380
division (B) of section 3319.31 of the Revised Code. The 1381
superintendent shall advise the board of such determination at a 1382
meeting of the board. Within fourteen days of the next meeting of 1383
the board, any member of the board may ask that the question of 1384
initiating action under section 3319.31 of the Revised Code be 1385
placed on the board's agenda for that next meeting. Prior to 1386
initiating that action against any person, the person's name and 1387
any other personally identifiable information shall remain 1388
confidential.1389

       (C) The board shall take no action against a person under 1390
division (B) of section 3319.31 of the Revised Code without 1391
providing the person with written notice of the charges and with 1392
an opportunity for a hearing in accordance with Chapter 119. of 1393
the Revised Code.1394

       (D) For purposes of an investigation under division (A)(1) of 1395
this section or a hearing under division (C) of this section or 1396
under division (E)(2) of section 3319.31 of the Revised Code, the 1397
board, or the superintendent on behalf of the board, may 1398
administer oaths, order the taking of depositions, issue 1399
subpoenas, and compel the attendance of witnesses and the 1400
production of books, accounts, papers, records, documents, and 1401
testimony. The issuance of subpoenas under this division may be by 1402
certified mail or personal delivery to the person.1403

       (E) The superintendent, on behalf of the board, may enter 1404
into a consent agreement with a person against whom action is 1405
being taken under division (B) of section 3319.31 of the Revised 1406
Code. The board may adopt rules governing the superintendent's 1407
action under this division.1408

       (F) No surrender of a license shall be effective until the 1409
board takes action to accept the surrender unless the surrender is 1410
pursuant to a consent agreement entered into under division (E) of 1411
this section.1412

       (G) The name of any person who is not required to report 1413
information under section 3314.40, 3319.313, 3326.24, 3328.19,1414
5126.253, or 5153.176 of the Revised Code, but who in good faith 1415
provides information to the state board or superintendent of 1416
public instruction about alleged misconduct committed by a person 1417
who holds a license or has applied for issuance or renewal of a 1418
license, shall be confidential and shall not be released. Any such 1419
person shall be immune from any civil liability that otherwise 1420
might be incurred or imposed for injury, death, or loss to person 1421
or property as a result of the provision of that information.1422

       (H)(1) No person shall knowingly make a false report to the 1423
superintendent of public instruction or the state board of 1424
education alleging misconduct by an employee of a public or 1425
chartered nonpublic school or an employee of the operator of a 1426
community school established under Chapter 3314. or a 1427
college-preparatory boarding school established under Chapter 1428
3328. of the Revised Code.1429

       (2)(a) In any civil action brought against a person in which 1430
it is alleged and proved that the person violated division (H)(1) 1431
of this section, the court shall award the prevailing party 1432
reasonable attorney's fees and costs that the prevailing party 1433
incurred in the civil action or as a result of the false report 1434
that was the basis of the violation.1435

       (b) If a person is convicted of or pleads guilty to a 1436
violation of division (H)(1) of this section, if the subject of 1437
the false report that was the basis of the violation was charged 1438
with any violation of a law or ordinance as a result of the false 1439
report, and if the subject of the false report is found not to be 1440
guilty of the charges brought against the subject as a result of 1441
the false report or those charges are dismissed, the court that 1442
sentences the person for the violation of division (H)(1) of this 1443
section, as part of the sentence, shall order the person to pay 1444
restitution to the subject of the false report, in an amount equal 1445
to reasonable attorney's fees and costs that the subject of the 1446
false report incurred as a result of or in relation to the 1447
charges.1448

       Sec. 3328.01.  As used in this chapter:1449

       (A) "Child with a disability," "IEP," and "school district of 1450
residence" have the same meanings as in section 3323.01 of the 1451
Revised Code.1452

       (B) "Eligible student" means a student who is entitled to 1453
attend school in a participating school district; is at risk of 1454
academic failure; is from a family whose income is below two 1455
hundred per cent of the federal poverty guidelines, as defined in 1456
section 5101.46 of the Revised Code; meets any additional criteria 1457
prescribed by agreement between the state board of education and 1458
the operator of the college-preparatory boarding school in which 1459
the student seeks enrollment; and meets at least two of the 1460
following additional conditions:1461

       (1) The student has a record of in-school disciplinary 1462
actions, suspensions, expulsions, or truancy.1463

       (2) The student has not attained at least a proficient score 1464
on the state achievement assessments in English language arts, 1465
reading, or mathematics prescribed under section 3301.0710 of the 1466
Revised Code, after those assessments have been administered to 1467
the student at least once, or the student has not attained at 1468
least a score designated by the board of trustees of the 1469
college-preparatory boarding school in which the student seeks 1470
enrollment under this chapter on an end-of-course examination in 1471
English language arts or mathematics prescribed under section 1472
3301.0712 of the Revised Code.1473

       (3) The student is a child with a disability.1474

       (4) The student has been referred for academic intervention 1475
services.1476

       (5) The student's head of household is a single parent. As 1477
used in this division and in division (B)(6) of this section, 1478
"head of household" means a person who occupies the same household 1479
as the student and who is financially responsible for the student.1480

       (6) The student's head of household is not the student's 1481
custodial parent.1482

       (7) A member of the student's family has been imprisoned, as 1483
defined in section 1.05 of the Revised Code.1484

       (C) "Entitled to attend school" means entitled to attend 1485
school in a school district under section 3313.64 or 3313.65 of 1486
the Revised Code.1487

       (D) "Formula ADM" and "category one through six special 1488
education ADM" have the same meanings as in section 3306.02 of the 1489
Revised Code.1490

       (E) "Operator" means the operator of a college-preparatory 1491
boarding school selected under section 3328.11 of the Revised 1492
Code.1493

       (F) "Participating school district" means either of the 1494
following: 1495

       (1) The school district in which a college-preparatory 1496
boarding school established under this chapter is located;1497

       (2) A school district other than one described in division 1498
(F)(1) of this section that, pursuant to procedures adopted by the 1499
state board of education under section 3328.04 of the Revised 1500
Code, agrees to be a participating school district so that 1501
eligible students entitled to attend school in that district may 1502
enroll in a college-preparatory boarding school established under 1503
this chapter.1504

       (G) "State education aid" has the same meaning as in section 1505
3317.02 of the Revised Code.1506

       Sec. 3328.02. Each college-preparatory boarding school 1507
established under this chapter is a public school and is part of 1508
the state's program of education, subject to a charter granted by 1509
the state board of education under section 3301.16 of the Revised 1510
Code.1511

       Sec. 3328.03. In accordance with Section 22 of Article II, 1512
Ohio Constitution, no agreement or contract entered into under 1513
this chapter shall create an obligation of state funds for a 1514
period longer than two years; however, the general assembly, every 1515
two years, may authorize renewal of any such obligation.1516

       Sec. 3328.04.  The city, exempted village, or local school 1517
district in which a college-preparatory boarding school 1518
established under this chapter is located is a participating 1519
school district under this chapter. Any other city, exempted 1520
village, or local school district may agree to be a participating 1521
school district. The state board of education shall adopt 1522
procedures for districts to agree to be participating school 1523
districts.1524

       Sec. 3328.11. (A) In accordance with the procedures 1525
prescribed in division (B) of this section, the state board of 1526
education shall select a private nonprofit corporation that meets 1527
the following qualifications to operate each college-preparatory 1528
boarding school established under this chapter:1529

       (1) The corporation has experience operating a school or 1530
program similar to the schools authorized under this chapter.1531

       (2) The school or program described in division (A)(1) of 1532
this section has demonstrated to the satisfaction of the state 1533
board success in improving the academic performance of students.1534

       (3) The corporation has demonstrated to the satisfaction of 1535
the state board that the corporation has the capacity to secure 1536
private funds for the development of the school authorized under 1537
this chapter.1538

       (B)(1) Not later than sixty days after the effective date of 1539
this section, the state board shall issue a request for proposals 1540
from private nonprofit corporations qualified to operate a 1541
college-preparatory boarding school established under this 1542
chapter. If the state board subsequently determines that the 1543
establishment of one or more additional college-preparatory 1544
boarding schools is advisable, the state board shall issue 1545
requests for proposals from private nonprofit corporations 1546
qualified to operate those additional schools.1547

       In all cases, the state board shall select the school's 1548
operator from among the qualified responders within one hundred 1549
eighty days after the issuance of the request for proposals. If no 1550
qualified responder submits a proposal, the state board may issue 1551
another request for proposals.1552

       (2) Each proposal submitted to the state board shall contain 1553
the following information:1554

       (a) The proposed location of the college-preparatory boarding 1555
school, which may differ from any location recommended by the 1556
state board in the request for proposals;1557

       (b) A plan for offering grade five or six in the school's 1558
initial year of operation and a plan for increasing the grade 1559
levels offered by the school in subsequent years;1560

       (c) Any other information about the proposed educational 1561
program, facilities, or operations of the school considered 1562
necessary by the state board.1563

       Sec. 3328.12.  The state board of education shall enter into 1564
a contract with the operator of each college-preparatory boarding 1565
school established under this chapter. The contract shall 1566
stipulate the following:1567

       (A) The school may operate only if and to the extent the 1568
school holds a valid charter granted by the state board under 1569
section 3301.16 of the Revised Code.1570

       (B) The operator shall oversee the acquisition of a facility 1571
for the school.1572

       (C) The operator shall operate the school in accordance with 1573
the terms of the proposal accepted by the state board under 1574
section 3328.11 of the Revised Code, including the plan for 1575
increasing the grade levels offered by the school.1576

       (D) The school shall comply with the provisions of this 1577
chapter.1578

       (E) The school shall comply with any other provisions of law 1579
specified in the contract, the charter granted by the state board, 1580
and the rules adopted by the state board under section 3328.50 of 1581
the Revised Code.1582

       (F) The school shall comply with the bylaws adopted by the 1583
operator under section 3328.13 of the Revised Code.1584

       (G) The school shall meet the academic goals and other 1585
performance standards specified in the contract. 1586

       (H) The state board or the operator may terminate the 1587
contract in accordance with the procedures specified in the 1588
contract, which shall include at least a requirement that the 1589
party seeking termination give prior notice of the intent to 1590
terminate the contract and a requirement that the party receiving 1591
such notice be granted an opportunity to redress any grievances 1592
cited in the notice prior to the termination.1593

       (I) If the school closes for any reason, the school's board 1594
of trustees shall execute the closing in the manner specified in 1595
the contract.1596

       Sec. 3328.13. Each operator of a college-preparatory boarding 1597
school established under this chapter shall adopt bylaws for the 1598
oversight and operation of the school that are consistent with the 1599
provisions of this chapter, the rules adopted under section 1600
3328.50 of the Revised Code, the contract between the operator and 1601
the state board of education, and the charter granted to the 1602
school by the state board. The bylaws shall include procedures for 1603
the appointment of members of the school's board of trustees, 1604
whose terms of office shall be as prescribed in section 3328.15 of 1605
the Revised Code. The bylaws also shall include standards for the 1606
admission of students to the school and their dismissal from the 1607
school. The bylaws shall be subject to the approval of the state 1608
board.1609

       Sec. 3328.14. Each operator of a college-preparatory boarding 1610
school established under this chapter shall adopt a program of 1611
outreach to inform every city, local, and exempted village school 1612
district about the school and the procedures for admission to the 1613
school and for becoming a participating school district.1614

       Sec. 3328.15.  (A) Each college-preparatory boarding school 1615
established under this chapter shall be governed by a board of 1616
trustees consisting of up to twenty-five members. Five of those 1617
members shall be appointed by the governor, with the advice and 1618
consent of the senate. The governor's appointments may be based on 1619
nonbinding recommendations made by the superintendent of public 1620
instruction. The remaining members shall be appointed pursuant to 1621
the bylaws adopted under section 3328.13 of the Revised Code.1622

       (B) The terms of office of the initial members shall be as 1623
follows:1624

       (1) Two members appointed by the governor shall serve for an 1625
initial term of three years.1626

       (2) Two members appointed by the governor shall serve for an 1627
initial term of two years.1628

       (3) One member appointed by the governor shall serve for an 1629
initial term of one year.1630

       (4) One-third of the members appointed pursuant to the 1631
bylaws, rounded down to the nearest whole number, shall serve for 1632
an initial term of three years.1633

       (5) One-third of the members appointed pursuant to the 1634
bylaws, rounded down to the nearest whole number, shall serve for 1635
an initial term of two years.1636

       (6) One-third of the members appointed pursuant to the 1637
bylaws, rounded down to the nearest whole number, shall serve for 1638
an initial term of one year.1639

       (7) Any remaining members appointed pursuant to the bylaws 1640
shall serve for an initial term of one year.1641

       Thereafter the terms of office of all members shall be for 1642
three years.1643

       The beginning date and ending date of terms of office shall 1644
be as prescribed in the bylaws adopted under section 3328.13 of 1645
the Revised Code.1646

       (C) Vacancies on the board shall be filled in the same manner 1647
as the initial appointments. A member appointed to an unexpired 1648
term shall serve for the remainder of that term and may be 1649
reappointed subject to division (D) of this section.1650

       (D) No member may serve for more than three consecutive 1651
three-year terms.1652

       (E) The officers of the board shall be selected by and from 1653
among the members of the board.1654

       (F) Compensation for the members of the board, if any, shall 1655
be as prescribed in the bylaws adopted under section 3328.13 of 1656
the Revised Code.1657

       Sec. 3328.17. Employees of a college-preparatory boarding 1658
school established under this chapter may organize and 1659
collectively bargain pursuant to Chapter 4117. of the Revised 1660
Code. Notwithstanding division (D)(1) of section 4117.06 of the 1661
Revised Code, a unit containing teaching and nonteaching employees 1662
employed under this section may be considered an appropriate unit.1663

       Sec. 3328.18. (A) As used in this section, "license" has the 1664
same meaning as in section 3319.31 of the Revised Code.1665

       (B) If a person who is employed by a college-preparatory 1666
boarding school established under this chapter or its operator is 1667
arrested, summoned, or indicted for an alleged violation of an 1668
offense listed in division (C) of section 3319.31 of the Revised 1669
Code, if the person holds a license, or an offense listed in 1670
division (B)(1) of section 3319.39 of the Revised Code, if the 1671
person does not hold a license, the chief administrator of the 1672
school in which that person works shall suspend that person from 1673
all duties that require the care, custody, or control of a child 1674
during the pendency of the criminal action against the person. If 1675
the person who is arrested, summoned, or indicted for an alleged 1676
violation of an offense listed in division (C) of section 3319.31 1677
or division (B)(1) of section 3319.39 of the Revised Code is the 1678
chief administrator of the school, the board of trustees of the 1679
school shall suspend the chief administrator from all duties that 1680
require the care, custody, or control of a child.1681

       (C) When a person who holds a license is suspended in 1682
accordance with this section, the chief administrator or board 1683
that imposed the suspension promptly shall report the person's 1684
suspension to the department of education. The report shall 1685
include the offense for which the person was arrested, summoned, 1686
or indicted.1687

       Sec. 3328.19.  (A) As used in this section:1688

       (1) "Conduct unbecoming to the teaching profession" shall be 1689
as described in rules adopted by the state board of education.1690

       (2) "Intervention in lieu of conviction" means intervention 1691
in lieu of conviction under section 2951.041 of the Revised Code.1692

       (3) "License" has the same meaning as in section 3319.31 of 1693
the Revised Code.1694

       (4) "Pre-trial diversion program" means a pre-trial diversion 1695
program under section 2935.36 of the Revised Code or a similar 1696
diversion program under rules of a court.1697

       (B) The chief administrator of each college-preparatory 1698
boarding school established under this chapter, or the president 1699
or chairperson of the board of trustees of the school if division 1700
(C) of this section applies, shall promptly submit to the 1701
superintendent of public instruction the information prescribed in 1702
division (D) of this section when any of the following conditions 1703
applies to a person employed to work in the school who holds a 1704
license issued by the state board of education:1705

       (1) The chief administrator, or president or chairperson, 1706
knows that the employee has pleaded guilty to, has been found 1707
guilty by a jury or court of, has been convicted of, has been 1708
found to be eligible for intervention in lieu of conviction for, 1709
or has agreed to participate in a pre-trial diversion program for 1710
an offense described in division (B)(2) or (C) of section 3319.31 1711
or division (B)(1) of section 3319.39 of the Revised Code.1712

       (2) The board of trustees of the school, or the operator, has 1713
initiated termination or nonrenewal proceedings against, has 1714
terminated, or has not renewed the contract of the employee 1715
because the board or operator has reasonably determined that the 1716
employee has committed an act that is unbecoming to the teaching 1717
profession or an offense described in division (B)(2) or (C) of 1718
section 3319.31 or division (B)(1) of section 3319.39 of the 1719
Revised Code.1720

       (3) The employee has resigned under threat of termination or 1721
nonrenewal as described in division (B)(2) of this section.1722

       (4) The employee has resigned because of or in the course of 1723
an investigation by the board or operator regarding whether the 1724
employee has committed an act that is unbecoming to the teaching 1725
profession or an offense described in division (B)(2) or (C) of 1726
section 3319.31 or division (B)(1) of section 3319.39 of the 1727
Revised Code.1728

       (C) If the employee to whom any of the conditions prescribed 1729
in divisions (B)(1) to (4) of this section applies is the chief 1730
administrator of the school, the president or chairperson of the 1731
board of trustees of the school shall make the report required 1732
under this section.1733

       (D) If a report is required under this section, the chief 1734
administrator, or president or chairperson, shall submit to the 1735
superintendent of public instruction the name and social security 1736
number of the employee about whom the information is required and 1737
a factual statement regarding any of the conditions prescribed in 1738
divisions (B)(1) to (4) of this section that apply to the 1739
employee.1740

       (E) A determination made by the board or operator as 1741
described in division (B)(2) of this section or a termination, 1742
nonrenewal, resignation, or other separation described in 1743
divisions (B)(2) to (4) of this section does not create a 1744
presumption of the commission or lack of the commission by the 1745
employee of an act unbecoming to the teaching profession or an 1746
offense described in division (B)(2) or (C) of section 3319.31 or 1747
division (B)(1) of section 3319.39 of the Revised Code.1748

       (F) No individual required to submit a report under division 1749
(B) of this section shall knowingly fail to comply with that 1750
division.1751

       (G) An individual who provides information to the 1752
superintendent of public instruction in accordance with this 1753
section in good faith shall be immune from any civil liability 1754
that otherwise might be incurred or imposed for injury, death, or 1755
loss to person or property as a result of the provision of that 1756
information.1757

       Sec. 3328.191.  The board of trustees of each 1758
college-preparatory boarding school established under this chapter 1759
shall require that the reports of any investigation by the board 1760
or by the school's operator of an employee who works in the 1761
school, regarding whether the employee has committed an act or 1762
offense for which the chief administrator of the school or the 1763
president or chairperson of the board is required to make a report 1764
to the superintendent of public instruction under section 3328.19 1765
of the Revised Code, be kept in the employee's personnel file. If, 1766
after an investigation under division (A) of section 3319.311 of 1767
the Revised Code, the superintendent of public instruction 1768
determines that the results of that investigation do not warrant 1769
initiating action under section 3319.31 of the Revised Code, the 1770
board shall require the reports of the investigation to be moved 1771
from the employee's personnel file to a separate public file.1772

       Sec. 3328.192.  Notwithstanding any provision to the contrary 1773
in Chapter 4117. of the Revised Code, the provisions of sections 1774
3328.19 and 3328.191 of the Revised Code prevail over any 1775
conflicting provisions of a collective bargaining agreement or 1776
contract for employment entered into on or after the effective 1777
date of this section.1778

       Sec. 3328.193.  (A) As used in this section, "license" has 1779
the same meaning as in section 3319.31 of the Revised Code.1780

       (B) No employee of a college-preparatory boarding school 1781
established under this chapter or its operator shall do either of 1782
the following:1783

       (1) Knowingly make a false report to the chief administrator 1784
of the school, or the chief administrator's designee, alleging 1785
misconduct by another employee of the school or its operator;1786

       (2) Knowingly cause the chief administrator, or the chief 1787
administrator's designee, to make a false report of the alleged 1788
misconduct to the superintendent of public instruction or the 1789
state board of education.1790

       (C) Any employee of a college-preparatory boarding school 1791
established under this chapter or its operator who in good faith 1792
reports to the chief administrator of the school, or the chief 1793
administrator's designee, information about alleged misconduct 1794
committed by another employee of the school or operator shall be 1795
immune from any civil liability that otherwise might be incurred 1796
or imposed for injury, death, or loss to person or property as a 1797
result of the reporting of that information.1798

       If the alleged misconduct involves a person who holds a 1799
license but the chief administrator is not required to submit a 1800
report to the superintendent of public instruction under section 1801
3328.19 of the Revised Code and the chief administrator, or the 1802
chief administrator's designee, in good faith reports the alleged 1803
misconduct to the superintendent of public instruction or the 1804
state board, the chief administrator, or the chief administrator's 1805
designee, shall be immune from any civil liability that otherwise 1806
might be incurred or imposed for injury, death, or loss to person 1807
or property as a result of the reporting of that information.1808

       (D)(1) In any civil action brought against a person in which 1809
it is alleged and proved that the person violated division (B) of 1810
this section, the court shall award the prevailing party 1811
reasonable attorney's fees and costs that the prevailing party 1812
incurred in the civil action or as a result of the false report 1813
that was the basis of the violation.1814

       (2) If a person is convicted of or pleads guilty to a 1815
violation of division (B) of this section, if the subject of the 1816
false report that was the basis of the violation was charged with 1817
any violation of a law or ordinance as a result of the false 1818
report, and if the subject of the false report is found not to be 1819
guilty of the charges brought against the subject as a result of 1820
the false report or those charges are dismissed, the court that 1821
sentences the person for the violation of division (B) of this 1822
section, as part of the sentence, shall order the person to pay 1823
restitution to the subject of the false report, in an amount equal 1824
to reasonable attorney's fees and costs that the subject of the 1825
false report incurred as a result of or in relation to the 1826
charges.1827

       Sec. 3328.20. (A) As used in this section:1828

       (1) "Designated official" means the chief administrator of a 1829
college-preparatory boarding school established under this 1830
chapter, or the chief administrator's designee.1831

       (2) "Essential school services" means services provided by a 1832
private company under contract with a college-preparatory boarding 1833
school established under this chapter that the chief administrator 1834
of the school has determined are necessary for the operation of 1835
the school and that would need to be provided by persons employed 1836
by the school or its operator if the services were not provided by 1837
the private company.1838

       (3) "License" has the same meaning as in section 3319.31 of 1839
the Revised Code.1840

       (B) This section applies to any person who is an employee of 1841
a private company under contract with a college-preparatory 1842
boarding school established under this chapter to provide 1843
essential school services and who will work in the school in a 1844
position that does not require a license issued by the state board 1845
of education, is not for the operation of a vehicle for pupil 1846
transportation, and that involves routine interaction with a child 1847
or regular responsibility for the care, custody, or control of a 1848
child.1849

       (C) No college-preparatory boarding school established under 1850
this chapter shall permit a person to whom this section applies to 1851
work in the school, unless one of the following applies to the 1852
person:1853

       (1) The person's employer presents proof of both of the 1854
following to the designated official:1855

       (a) That the person has been the subject of a criminal 1856
records check conducted in accordance with division (D) of this 1857
section within the five-year period immediately prior to the date 1858
on which the person will begin working in the school;1859

       (b) That the criminal records check indicates that the person 1860
has not been convicted of or pleaded guilty to any offense 1861
described in division (B)(1) of section 3319.39 of the Revised 1862
Code.1863

       (2) During any period of time in which the person will have 1864
routine interaction with a child or regular responsibility for the 1865
care, custody, or control of a child, the designated official has 1866
arranged for an employee of the school to be present in the same 1867
room with the child or, if outdoors, to be within a thirty-yard 1868
radius of the child or to have visual contact with the child.1869

       (D) Any private company that has been hired or seeks to be 1870
hired by a college-preparatory boarding school established under 1871
this chapter to provide essential school services may request the 1872
bureau of criminal identification and investigation to conduct a 1873
criminal records check of any of its employees for the purpose of 1874
complying with division (C)(1) of this section. Each request for a 1875
criminal records check under this division shall be made to the 1876
superintendent of the bureau in the manner prescribed in section 1877
3319.39 of the Revised Code. Upon receipt of a request, the bureau 1878
shall conduct the criminal records check in accordance with 1879
section 109.572 of the Revised Code as if the request had been 1880
made under section 3319.39 of the Revised Code.1881

       Notwithstanding division (H) of section 109.57 of the Revised 1882
Code, the private company may share the results of any criminal 1883
records check conducted under this division with the designated 1884
official for the purpose of complying with division (C)(1) of this 1885
section, but in no case shall the designated official release that 1886
information to any other person.1887

       Sec. 3328.21. (A) Any eligible student may apply for 1888
admission to a college-preparatory boarding school established 1889
under this chapter in a grade level offered by the school that is 1890
appropriate for the student and shall be admitted to the school in 1891
that grade level to the extent the student's admission is within 1892
the capacity of the school as established by the school's board of 1893
trustees, subject to division (B) of this section. If more 1894
eligible students apply for admission than the number of students 1895
permitted by the capacity established by the board of trustees, 1896
admission shall be by lot.1897

       (B) In the first year of operation, each school established 1898
under this chapter shall offer only grade five or six and shall 1899
not admit more than eighty students to the school. In each 1900
subsequent year of operation, the school may add additional grade 1901
levels as specified in the contract under section 3328.12 of the 1902
Revised Code, but at no time shall the school's total student 1903
population exceed four hundred students.1904

       Sec. 3328.22.  The educational program of a 1905
college-preparatory boarding school established under this chapter 1906
shall include at least all of the following:1907

       (A) A remedial curriculum for students in grades lower than 1908
grade nine;1909

       (B) A college-preparatory curriculum for high school students 1910
that, at a minimum, shall comply with section 3313.603 of the 1911
Revised Code as that section applies to school districts;1912

       (C) Extracurricular activities, including athletic and 1913
cultural activities;1914

       (D) College admission counseling;1915

       (E) Health and mental health services;1916

       (F) Tutoring services;1917

       (G) Community services opportunities;1918

       (H) A residential student life program.1919

       Sec. 3328.23.  (A) A college-preparatory boarding school 1920
established under this chapter and the school's operator shall 1921
comply with Chapter 3323. of the Revised Code as if the school 1922
were a school district. For each child with a disability enrolled 1923
in the school for whom an IEP has been developed, the school and 1924
its operator shall verify in the manner prescribed by the 1925
department of education that the school is providing the services 1926
required under the child's IEP.1927

       (B) The school district in which a child with a disability 1928
enrolled in the college-preparatory boarding school is entitled to 1929
attend school and the child's school district of residence, if 1930
different, are not obligated to provide the student with a free 1931
appropriate public education under Chapter 3323. of the Revised 1932
Code for as long as the child is enrolled in the 1933
college-preparatory boarding school.1934

       Sec. 3328.24. A college-preparatory boarding school 1935
established under this chapter, its operator, and its board of 1936
trustees shall comply with sections 3301.0710, 3301.0711, 1937
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as 1938
if the school and the operator were a school district and the 1939
school's board of trustees were a district board of education.1940

       Sec. 3328.25.  (A) The board of trustees of a 1941
college-preparatory boarding school established under this chapter 1942
shall grant a diploma to any student enrolled in the school to 1943
whom all of the following apply:1944

       (1) The student has successfully completed the school's high 1945
school curriculum or the IEP developed for the student by the 1946
school pursuant to section 3323.08 of the Revised Code or has 1947
qualified under division (D) or (F) of section 3313.603 of the 1948
Revised Code, provided that the school shall not require a student 1949
to remain in school for any specific number of semesters or other 1950
terms if the student completes the required curriculum early.1951

       (2) Subject to section 3313.614 of the Revised Code, the 1952
student has met the assessment requirements of division (A)(2)(a) 1953
or (b) of this section, as applicable.1954

       (a) If the student entered ninth grade prior to the date 1955
prescribed by rule of the state board of education under division 1956
(E)(2) of section 3301.0712 of the Revised Code, the student 1957
either:1958

       (i) Has attained at least the applicable scores designated 1959
under division (B)(1) of section 3301.0710 of the Revised Code on 1960
all the assessments prescribed by that division unless division 1961
(L) of section 3313.61 of the Revised Code applies to the student;1962

       (ii) Has satisfied the alternative conditions prescribed in 1963
section 3313.615 of the Revised Code.1964

       (b) If the person entered ninth grade on or after the date 1965
prescribed by rule of the state board under division (E)(2) of 1966
section 3301.0712 of the Revised Code, the student has attained on 1967
the entire assessment system prescribed under division (B)(2) of 1968
section 3301.0710 of the Revised Code at least the required 1969
passing composite score, designated under division (C)(1) of 1970
section 3301.0712 of the Revised Code, except to the extent that 1971
the student is excused from some portion of that assessment system 1972
pursuant to division (L) of section 3313.61 of the Revised Code.1973

       (3) The student is not eligible to receive an honors diploma 1974
granted under division (B) of this section.1975

       No diploma shall be granted under this division to anyone 1976
except as provided in this division.1977

       (B) In lieu of a diploma granted under division (A) of this 1978
section, the board of trustees shall grant an honors diploma, in 1979
the same manner that boards of education of school districts grant 1980
honors diplomas under division (B) of section 3313.61 of the 1981
Revised Code, to any student enrolled in the school who 1982
accomplishes all of the following:1983

       (1) Successfully completes the school's high school 1984
curriculum or the IEP developed for the student by the school 1985
pursuant to section 3323.08 of the Revised Code;1986

       (2) Subject to section 3313.614 of the Revised Code, has met 1987
the assessment requirements of division (B)(2)(a) or (b) of this 1988
section, as applicable.1989

       (a) If the student entered ninth grade prior to the date 1990
prescribed by rule of the state board under division (E)(2) of 1991
section 3301.0712 of the Revised Code, the student either:1992

       (i) Has attained at least the applicable scores designated 1993
under division (B)(1) of section 3301.0710 of the Revised Code on 1994
all the assessments prescribed under that division;1995

       (ii) Has satisfied the alternative conditions prescribed in 1996
section 3313.615 of the Revised Code.1997

       (b) If the person entered ninth grade on or after the date 1998
prescribed by rule of the state board under division (E)(2) of 1999
section 3301.0712 of the Revised Code, the student has attained on 2000
the entire assessment system prescribed under division (B)(2) of 2001
section 3301.0710 of the Revised Code at least the required 2002
passing composite score, designated under division (C)(1) of 2003
section 3301.0712 of the Revised Code.2004

       (3) Has met the additional criteria for granting an honors 2005
diploma prescribed by the state board under division (B) of 2006
section 3313.61 of the Revised Code for the granting of honors 2007
diplomas by school districts.2008

       An honors diploma shall not be granted to a student who is 2009
subject to the Ohio core curriculum prescribed in division (C) of 2010
section 3313.603 of the Revised Code but elects the option of 2011
division (D) or (F) of that section. No honors diploma shall be 2012
granted to anyone failing to comply with this division, and not 2013
more than one honors diploma shall be granted to any student under 2014
this division.2015

       (C) A diploma or honors diploma awarded under this section 2016
shall be signed by the presiding officer of the board of trustees. 2017
Each diploma shall bear the date of its issue and be in such form 2018
as the board of trustees prescribes.2019

       (D) Upon granting a diploma to a student under this section, 2020
the presiding officer of the board of trustees shall provide 2021
notice of receipt of the diploma to the board of education of the 2022
city, exempted village, or local school district where the student 2023
is entitled to attend school when not residing at the 2024
college-preparatory boarding school. The notice shall indicate the 2025
type of diploma granted.2026

       Sec. 3328.26.  (A) The department of education shall issue an 2027
annual report card for each college-preparatory boarding school 2028
established under this chapter that includes all information 2029
applicable to school buildings under section 3302.03 of the 2030
Revised Code.2031

       (B) For each student enrolled in the school, the department 2032
shall combine data regarding the academic performance of that 2033
student with comparable data from the school district in which the 2034
student is entitled to attend school for the purpose of 2035
calculating the performance of the district as a whole on the 2036
report card issued for the district under section 3302.03 of the 2037
Revised Code.2038

       (C) Each college-preparatory boarding school and its operator 2039
shall comply with sections 3302.04 and 3302.041 of the Revised 2040
Code, except that any action required to be taken by a school 2041
district pursuant to those sections shall be taken by the school.2042

       Sec. 3328.31.  Each college-preparatory boarding school 2043
established under this chapter shall report to the department of 2044
education, in the form and manner prescribed by the department, 2045
the following information:2046

       (A) The total number of students enrolled in the school;2047

       (B) The number of students enrolled in the school who are 2048
receiving special education and related services pursuant to an 2049
IEP; 2050

       (C) The city, exempted village, or local school district in 2051
which each student reported under division (A) of this section is 2052
entitled to attend school;2053

       (D) Any additional information the department determines 2054
necessary to make payments to the school under this chapter.2055

       Sec. 3328.32.  The city, exempted village, or local school 2056
district in which each child enrolled in a college-preparatory 2057
boarding school established under this chapter is entitled to 2058
attend school shall count that child in the district's average 2059
daily membership and in the district's category one through six 2060
special education ADM, as appropriate, as reported under divisions 2061
(A) and (B)(5) to (10) of section 3317.03 of the Revised Code.2062

       The department of education shall count that child in the 2063
district's formula ADM.2064

       Sec. 3328.33.  For each child enrolled in a 2065
college-preparatory boarding school, as reported under section 2066
3328.31 of the Revised Code, the department of education shall 2067
deduct from the state education aid and, if necessary, from the 2068
payment under sections 321.24 and 323.156 of the Revised Code, for 2069
the city, exempted village, or local school district in which the 2070
child is entitled to attend school an amount equal to eighty-five 2071
per cent of the operating expenditure per pupil of that district.2072

       As used in this section, a district's "operating expenditure 2073
per pupil" is the total amount of state payments and other 2074
nonfederal revenue spent by the district for operating expenses 2075
during the previous fiscal year, divided by the district's formula 2076
ADM for the previous fiscal year.2077

       Sec. 3328.34.  (A) For each child enrolled in a 2078
college-preparatory boarding school, as reported under section 2079
3328.31 of the Revised Code, the department of education shall pay 2080
to the school the sum of the amount deducted from a participating 2081
school district's account for that child under section 3328.33 of 2082
the Revised Code plus the per-pupil boarding amount specified in 2083
division (B) of this section.2084

       (B) For the first fiscal year in which a college-preparatory 2085
boarding school may be established under this chapter, the 2086
"per-pupil boarding amount" is twenty-five thousand dollars. For 2087
each fiscal year thereafter, that amount shall be adjusted by the 2088
rate of inflation, as measured by the consumer price index (all 2089
urban consumers, all items) prepared by the bureau of labor 2090
statistics of the United States department of labor, for the 2091
previous twelve-month period.2092

       (C) The state board of education may accept funds from 2093
federal and state noneducation support services programs for the 2094
purpose of funding the per pupil boarding amount prescribed in 2095
division (B) of this section. Notwithstanding any other provision 2096
of the Revised Code, the state board shall coordinate and 2097
streamline any noneducation program requirements in order to 2098
eliminate redundant or conflicting requirements, licensing 2099
provisions, and oversight by government programs or agencies. The 2100
applicable regulatory entities shall, to the maximum extent 2101
possible, use independent reports and financial audits provided by 2102
the operator and coordinated by the department of education to 2103
eliminate or reduce contract and administrative reviews. 2104
Regulatory entities other than the state board may suggest 2105
reasonable additional items to be included in such independent 2106
reports and financial audits to meet any requirements of federal 2107
law. Reporting paperwork prepared for the state board shall be 2108
shared with and accepted by other state and local entities to the 2109
maximum extent feasible.2110

       (D)(1) Notwithstanding division (A) of this section, if, in 2111
any fiscal year, the operator of a college-preparatory boarding 2112
school receives federal funds for the purpose of supporting the 2113
school's operations, the amount of those federal funds shall be 2114
deducted from the total per-pupil boarding amount for all enrolled 2115
students paid by the department to the school for that fiscal 2116
year, unless the operator and the department determine otherwise 2117
in a written agreement. Any portion of the total per-pupil 2118
boarding amount for all enrolled students remaining after the 2119
deduction of the federal funds shall be paid by the department to 2120
the school from state funds appropriated to the department.2121

       (2) Notwithstanding division (A) of this section, if, in any 2122
fiscal year, the department receives federal funds for the purpose 2123
of supporting the operations of a college-preparatory boarding 2124
school, the department shall use those federal funds first to pay 2125
the school the total per-pupil boarding amount for all enrolled 2126
students for that fiscal year. Any portion of the total per-pupil 2127
boarding amount for all enrolled students remaining after the use 2128
of the federal funds shall be paid by the department to the school 2129
from state funds appropriated to the department.2130

       (3) If any federal funds are used for the purpose prescribed 2131
in division (D)(1) or (2) of this section, the department shall 2132
comply with all requirements upon which the acceptance of the 2133
federal funds is conditioned, including any requirements set forth 2134
in the funding application submitted by the operator or the 2135
department and, to the extent sufficient funds are appropriated by 2136
the general assembly, any requirements regarding maintenance of 2137
effort in expenditures.2138

       Sec. 3328.35.  To the extent permitted by federal law, the 2139
department of education shall include college-preparatory boarding 2140
schools established under this chapter in its annual allocation of 2141
federal moneys under Title I of the "Elementary and Secondary 2142
Education Act of 1965," 20 U.S.C. 6301, et seq. The department may 2143
apply for any other federal moneys that may be used to support the 2144
operations of college-preparatory boarding schools established 2145
under this chapter.2146

       Sec. 3328.36.  A college-preparatory boarding school 2147
established under this chapter shall be considered a school 2148
district and its board of trustees, on behalf of the school's 2149
operator, shall be considered a board of education for the purpose 2150
of applying to any state or federal agency for grants that a 2151
school district or public school may receive under federal or 2152
state law or any appropriations act of the general assembly. The 2153
college-preparatory boarding school and its operator may apply to 2154
any private entity to receive and accept funds.2155

       Sec. 3328.41.  Each participating school district shall be 2156
responsible for providing transportation on a weekly basis for 2157
each student enrolled in a college-preparatory boarding school 2158
established under this chapter who is entitled to attend school in 2159
the district to and from that college-preparatory boarding school.2160

       Sec. 3328.45.  (A) If the state board of education determines 2161
that a college-preparatory boarding school established under this 2162
chapter is not in compliance with any provision of this chapter or 2163
the terms of the contract entered into under section 3328.12 of 2164
the Revised Code, or that the school has failed to meet the 2165
academic goals or performance standards specified in that 2166
contract, the state board may initiate the termination procedures 2167
specified in the contract. No termination shall take effect prior 2168
to the end of a school year. Upon the effective date of a 2169
termination, the school shall close.2170

       (B) If a college-preparatory boarding school is required to 2171
close under division (A) of this section or closes for any other 2172
reason, the school's board of trustees shall execute the closing 2173
as provided in the contract under section 3328.12 of the Revised 2174
Code.2175

       Sec. 3328.50.  The state board of education shall adopt rules 2176
in accordance with Chapter 119. of the Revised Code prescribing 2177
procedures necessary for the implementation of this chapter.2178

       Sec. 3328.99. (A) Whoever violates division (F) of section 2179
3328.19 of the Revised Code shall be punished as follows:2180

       (1) Except as otherwise provided in division (A)(2) of this 2181
section, the person is guilty of a misdemeanor of the fourth 2182
degree.2183

       (2) The person is guilty of a misdemeanor of the first degree 2184
if both of the following conditions apply:2185

       (a) The employee who is the subject of the report that the 2186
person fails to submit was required to be reported for the 2187
commission or alleged commission of an act or offense involving 2188
the infliction on a child of any physical or mental wound, injury, 2189
disability, or condition of a nature that constitutes abuse or 2190
neglect of the child.2191

       (b) During the period between the violation of division (F) 2192
of section 3328.19 of the Revised Code and the conviction of or 2193
plea of guilty by the person for that violation, the employee who 2194
is the subject of the report that the person fails to submit 2195
inflicts on any child attending a school district, educational 2196
service center, public or nonpublic school, or county board of 2197
developmental disabilities where the employee works any physical 2198
or mental wound, injury, disability, or condition of a nature that 2199
constitutes abuse or neglect of the child.2200

       (B) Whoever violates division (B) of section 3328.193 of the 2201
Revised Code is guilty of a misdemeanor of the first degree.2202

       Sec. 4117.01.  As used in this chapter:2203

       (A) "Person," in addition to those included in division (C) 2204
of section 1.59 of the Revised Code, includes employee 2205
organizations, public employees, and public employers.2206

       (B) "Public employer" means the state or any political 2207
subdivision of the state located entirely within the state, 2208
including, without limitation, any municipal corporation with a 2209
population of at least five thousand according to the most recent 2210
federal decennial census; county; township with a population of at 2211
least five thousand in the unincorporated area of the township 2212
according to the most recent federal decennial census; school 2213
district; governing authority of a community school established 2214
under Chapter 3314. of the Revised Code; college-preparatory 2215
boarding school established under Chapter 3328. of the Revised 2216
Code or its operator; state institution of higher learning; public 2217
or special district; state agency, authority, commission, or 2218
board; or other branch of public employment. "Public employer" 2219
does not include the nonprofit corporation formed under section 2220
187.01 of the Revised Code.2221

       (C) "Public employee" means any person holding a position by 2222
appointment or employment in the service of a public employer, 2223
including any person working pursuant to a contract between a 2224
public employer and a private employer and over whom the national 2225
labor relations board has declined jurisdiction on the basis that 2226
the involved employees are employees of a public employer, except:2227

       (1) Persons holding elective office;2228

       (2) Employees of the general assembly and employees of any 2229
other legislative body of the public employer whose principal 2230
duties are directly related to the legislative functions of the 2231
body;2232

       (3) Employees on the staff of the governor or the chief 2233
executive of the public employer whose principal duties are 2234
directly related to the performance of the executive functions of 2235
the governor or the chief executive;2236

       (4) Persons who are members of the Ohio organized militia, 2237
while training or performing duty under section 5919.29 or 5923.12 2238
of the Revised Code;2239

       (5) Employees of the state employment relations board, 2240
including those employees of the state employment relations board 2241
utilized by the state personnel board of review in the exercise of 2242
the powers and the performance of the duties and functions of the 2243
state personnel board of review;2244

       (6) Confidential employees;2245

       (7) Management level employees;2246

       (8) Employees and officers of the courts, assistants to the 2247
attorney general, assistant prosecuting attorneys, and employees 2248
of the clerks of courts who perform a judicial function;2249

       (9) Employees of a public official who act in a fiduciary 2250
capacity, appointed pursuant to section 124.11 of the Revised 2251
Code;2252

       (10) Supervisors;2253

       (11) Students whose primary purpose is educational training, 2254
including graduate assistants or associates, residents, interns, 2255
or other students working as part-time public employees less than 2256
fifty per cent of the normal year in the employee's bargaining 2257
unit;2258

       (12) Employees of county boards of election;2259

       (13) Seasonal and casual employees as determined by the state 2260
employment relations board;2261

       (14) Part-time faculty members of an institution of higher 2262
education;2263

       (15) Participants in a work activity, developmental activity, 2264
or alternative work activity under sections 5107.40 to 5107.69 of 2265
the Revised Code who perform a service for a public employer that 2266
the public employer needs but is not performed by an employee of 2267
the public employer if the participant is not engaged in paid 2268
employment or subsidized employment pursuant to the activity;2269

       (16) Employees included in the career professional service of 2270
the department of transportation under section 5501.20 of the 2271
Revised Code;2272

       (17) Employees of community-based correctional facilities and 2273
district community-based correctional facilities created under 2274
sections 2301.51 to 2301.58 of the Revised Code who are not 2275
subject to a collective bargaining agreement on June 1, 2005.2276

       (D) "Employee organization" means any labor or bona fide 2277
organization in which public employees participate and that exists 2278
for the purpose, in whole or in part, of dealing with public 2279
employers concerning grievances, labor disputes, wages, hours, 2280
terms, and other conditions of employment.2281

       (E) "Exclusive representative" means the employee 2282
organization certified or recognized as an exclusive 2283
representative under section 4117.05 of the Revised Code.2284

       (F) "Supervisor" means any individual who has authority, in 2285
the interest of the public employer, to hire, transfer, suspend, 2286
lay off, recall, promote, discharge, assign, reward, or discipline 2287
other public employees; to responsibly direct them; to adjust 2288
their grievances; or to effectively recommend such action, if the 2289
exercise of that authority is not of a merely routine or clerical 2290
nature, but requires the use of independent judgment, provided 2291
that:2292

       (1) Employees of school districts who are department 2293
chairpersons or consulting teachers shall not be deemed 2294
supervisors;2295

       (2) With respect to members of a police or fire department, 2296
no person shall be deemed a supervisor except the chief of the 2297
department or those individuals who, in the absence of the chief, 2298
are authorized to exercise the authority and perform the duties of 2299
the chief of the department. Where prior to June 1, 1982, a public 2300
employer pursuant to a judicial decision, rendered in litigation 2301
to which the public employer was a party, has declined to engage 2302
in collective bargaining with members of a police or fire 2303
department on the basis that those members are supervisors, those 2304
members of a police or fire department do not have the rights 2305
specified in this chapter for the purposes of future collective 2306
bargaining. The state employment relations board shall decide all 2307
disputes concerning the application of division (F)(2) of this 2308
section.2309

       (3) With respect to faculty members of a state institution of 2310
higher education, heads of departments or divisions are 2311
supervisors; however, no other faculty member or group of faculty 2312
members is a supervisor solely because the faculty member or group 2313
of faculty members participate in decisions with respect to 2314
courses, curriculum, personnel, or other matters of academic 2315
policy;2316

       (4) No teacher as defined in section 3319.09 of the Revised 2317
Code shall be designated as a supervisor or a management level 2318
employee unless the teacher is employed under a contract governed 2319
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and 2320
is assigned to a position for which a license deemed to be for 2321
administrators under state board rules is required pursuant to 2322
section 3319.22 of the Revised Code.2323

       (G) "To bargain collectively" means to perform the mutual 2324
obligation of the public employer, by its representatives, and the 2325
representatives of its employees to negotiate in good faith at 2326
reasonable times and places with respect to wages, hours, terms, 2327
and other conditions of employment and the continuation, 2328
modification, or deletion of an existing provision of a collective 2329
bargaining agreement, with the intention of reaching an agreement, 2330
or to resolve questions arising under the agreement. "To bargain 2331
collectively" includes executing a written contract incorporating 2332
the terms of any agreement reached. The obligation to bargain 2333
collectively does not mean that either party is compelled to agree 2334
to a proposal nor does it require the making of a concession.2335

       (H) "Strike" means continuous concerted action in failing to 2336
report to duty; willful absence from one's position; or stoppage 2337
of work in whole from the full, faithful, and proper performance 2338
of the duties of employment, for the purpose of inducing, 2339
influencing, or coercing a change in wages, hours, terms, and 2340
other conditions of employment. "Strike" does not include a 2341
stoppage of work by employees in good faith because of dangerous 2342
or unhealthful working conditions at the place of employment that 2343
are abnormal to the place of employment.2344

       (I) "Unauthorized strike" includes, but is not limited to, 2345
concerted action during the term or extended term of a collective 2346
bargaining agreement or during the pendency of the settlement 2347
procedures set forth in section 4117.14 of the Revised Code in 2348
failing to report to duty; willful absence from one's position; 2349
stoppage of work; slowdown, or abstinence in whole or in part from 2350
the full, faithful, and proper performance of the duties of 2351
employment for the purpose of inducing, influencing, or coercing a 2352
change in wages, hours, terms, and other conditions of employment. 2353
"Unauthorized strike" includes any such action, absence, stoppage, 2354
slowdown, or abstinence when done partially or intermittently, 2355
whether during or after the expiration of the term or extended 2356
term of a collective bargaining agreement or during or after the 2357
pendency of the settlement procedures set forth in section 4117.14 2358
of the Revised Code.2359

       (J) "Professional employee" means any employee engaged in 2360
work that is predominantly intellectual, involving the consistent 2361
exercise of discretion and judgment in its performance and 2362
requiring knowledge of an advanced type in a field of science or 2363
learning customarily acquired by a prolonged course in an 2364
institution of higher learning or a hospital, as distinguished 2365
from a general academic education or from an apprenticeship; or an 2366
employee who has completed the courses of specialized intellectual 2367
instruction and is performing related work under the supervision 2368
of a professional person to become qualified as a professional 2369
employee.2370

       (K) "Confidential employee" means any employee who works in 2371
the personnel offices of a public employer and deals with 2372
information to be used by the public employer in collective 2373
bargaining; or any employee who works in a close continuing 2374
relationship with public officers or representatives directly 2375
participating in collective bargaining on behalf of the employer.2376

       (L) "Management level employee" means an individual who 2377
formulates policy on behalf of the public employer, who 2378
responsibly directs the implementation of policy, or who may 2379
reasonably be required on behalf of the public employer to assist 2380
in the preparation for the conduct of collective negotiations, 2381
administer collectively negotiated agreements, or have a major 2382
role in personnel administration. Assistant superintendents, 2383
principals, and assistant principals whose employment is governed 2384
by section 3319.02 of the Revised Code are management level 2385
employees. With respect to members of a faculty of a state 2386
institution of higher education, no person is a management level 2387
employee because of the person's involvement in the formulation or 2388
implementation of academic or institution policy.2389

       (M) "Wages" means hourly rates of pay, salaries, or other 2390
forms of compensation for services rendered.2391

       (N) "Member of a police department" means a person who is in 2392
the employ of a police department of a municipal corporation as a 2393
full-time regular police officer as the result of an appointment 2394
from a duly established civil service eligibility list or under 2395
section 737.15 or 737.16 of the Revised Code, a full-time deputy 2396
sheriff appointed under section 311.04 of the Revised Code, a 2397
township constable appointed under section 509.01 of the Revised 2398
Code, or a member of a township police district police department 2399
appointed under section 505.49 of the Revised Code.2400

       (O) "Members of the state highway patrol" means highway 2401
patrol troopers and radio operators appointed under section 2402
5503.01 of the Revised Code.2403

       (P) "Member of a fire department" means a person who is in 2404
the employ of a fire department of a municipal corporation or a 2405
township as a fire cadet, full-time regular firefighter, or 2406
promoted rank as the result of an appointment from a duly 2407
established civil service eligibility list or under section 2408
505.38, 709.012, or 737.22 of the Revised Code.2409

       (Q) "Day" means calendar day.2410

       Section 2.  That existing sections 109.57, 3313.61, 3317.03, 2411
3319.31, 3319.311, and 4117.01 of the Revised Code are hereby 2412
repealed.2413

       Section 3.  Section 3317.03 of the Revised Code is presented 2414
in this act as a composite of the section as amended by both Am. 2415
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The 2416
General Assembly, applying the principle stated in division (B) of 2417
section 1.52 of the Revised Code that amendments are to be 2418
harmonized if reasonably capable of simultaneous operation, finds 2419
that the composite is the resulting version of the section in 2420
effect prior to the effective date of the section as presented in 2421
this act.2422