As Passed by the Senate

129th General Assembly Regular Session 2011-2012

S. B. No. 9

Senator Manning 

Cosponsors: Senators Bacon, Beagle, Cates, Grendell, Jones, Jordan, Patton, Schaffer, Seitz, Wagoner, Lehner, Widener, Hite, Daniels 

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A BILL

To amend sections 3306.01, 3321.01, and 3321.05 of

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the Revised Code and to repeal Section 265.70.70

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of Am. Sub. H.B. 1 of the 128th General Assembly

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and Section 9 of Sub. H.B. 318 of the 128th

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General Assembly to eliminate the requirement that

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school districts offer all-day kindergarten and to

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allow public schools to continue charging tuition

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for all-day kindergarten.

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

Section 1. That sections 3306.01, 3321.01, and 3321.05 of the	9
Revised Code be amended to read as follows:	10

Sec. 3306.01.  This chapter shall be administered by the	11
state board of education. The superintendent of public instruction	12
shall calculate the amounts payable to each school district and	13
shall certify the amounts payable to each eligible district to the	14
treasurer of the district as determined under this chapter. As	15
soon as possible after such amounts are calculated, the	16
superintendent shall certify to the treasurer of each school	17
district the district's adjusted charge-off increase, as defined	18
in section 5705.211 of the Revised Code. No moneys shall be	19
distributed pursuant to this chapter without the approval of the	20
controlling board.	21

The state board of education shall, in accordance with	22
appropriations made by the general assembly, meet the financial	23
obligations of this chapter.	24

Annually, the department of education shall calculate and	25
report to each school district the district's adequacy amount	26
utilizing the calculations in sections 3306.03 and 3306.13 of the	27
Revised Code. The department shall calculate and report separately	28
for each school district the district's total state and local	29
funds for its students with disabilities, utilizing the	30
calculations in sections 3306.05, 3306.11, and 3306.13 of the	31
Revised Code. The department shall calculate and report separately	32
for each school district the amount of funding calculated for each	33
factor of the district's adequacy amount.	34

Not later than the thirty-first day of August of each fiscal	35
year, the department of education shall provide to each school	36
district a preliminary estimate of the amount of funding that the	37
department calculates the district will receive under section	38
3306.13 of the Revised Code. Not later than the first day of	39
December of each fiscal year, the department shall update that	40
preliminary estimate.	41

Moneys distributed pursuant to this chapter shall be	42
calculated and paid on a fiscal year basis, beginning with the	43
first day of July and extending through the thirtieth day of June.	44
Unless otherwise provided, the moneys appropriated for each fiscal	45
year shall be distributed at least monthly to each school	46
district. The state board shall submit a yearly distribution plan	47
to the controlling board at its first meeting in July. The state	48
board shall submit any proposed midyear revision of the plan to	49
the controlling board in January. Any year-end revision of the	50
plan shall be submitted to the controlling board in June. If	51
moneys appropriated for each fiscal year are distributed other	52
than monthly, such distribution shall be on the same basis for	53
each school district.	54

The total amounts paid each month shall constitute, as nearly	55
as possible, one-twelfth of the total amount payable for the	56
entire year.	57

Payments shall be calculated to reflect the reporting of	58
formula ADM. Annualized periodic payments for each school district	59
shall be based on the district's final student counts verified by	60
the superintendent of public instruction based on reports under	61
section 3317.03 of the Revised Code, as adjusted, if so ordered,	62
under division (K) of that section.	63

(A) Except as otherwise provided, payments under this chapter	64
shall be made only to those school districts that comply with	65
divisions (A)(1) to (3) of this section.	66

(1) Each city, exempted village, and local school district	67
shall levy for current operating expenses at least twenty mills.	68
Levies for joint vocational or cooperative education school	69
districts or county school financing districts, limited to or to	70
the extent apportioned to current expenses, shall be included in	71
this qualification requirement. School district income tax levies	72
under Chapter 5748. of the Revised Code, limited to or to the	73
extent apportioned to current operating expenses, shall be	74
included in this qualification requirement to the extent	75
determined by the tax commissioner under division (D) of section	76
3317.021 of the Revised Code.	77

(2) Each city, exempted village, local, and joint vocational	78
school district, during the school year next preceding the fiscal	79
year for which payments are calculated under this chapter, shall	80
meet the requirement of section 3313.48 or 3313.481 of the Revised	81
Code, with regard to the minimum number of days or hours school	82
must be open for instruction with pupils in attendance, for	83
individualized parent-teacher conference and reporting periods,	84
and for professional meetings of teachers. The superintendent of	85
public instruction shall waive a number of days in accordance with	86
section 3317.01 of the Revised Code on which it had been necessary	87
for a school to be closed because of disease epidemic, hazardous	88
weather conditions, inoperability of school buses or other	89
equipment necessary to the school's operation, damage to a school	90
building, or other temporary circumstances due to utility failure	91
rendering the school building unfit for school use.	92

A school district shall not be considered to have failed to	93
comply with this division or section 3313.481 of the Revised Code	94
because schools were open for instruction but either twelfth grade	95
students were excused from attendance for up to three days or only	96
a portion of the kindergarten students were in attendance for up	97
to three days in order to allow for the gradual orientation to	98
school of such students.	99

The superintendent of public instruction shall waive the	100
requirements of this section with reference to the minimum number	101
of days or hours a school must be open for instruction with pupils	102
in attendance for the school year succeeding the school year in	103
which a board of education initiates a plan of operation pursuant	104
to section 3313.481 of the Revised Code. The minimum requirements	105
of this section shall again be applicable to the district	106
beginning with the school year commencing the second July	107
succeeding the initiation of the plan, and for each school year	108
thereafter.	109

A school district shall not be considered to have failed to	110
comply with this division or section 3313.48 or 3313.481 of the	111
Revised Code because schools were open for instruction but the	112
length of the regularly scheduled learning day, for any number of	113
days during the school year, was reduced by not more than two	114
hours due to hazardous weather conditions.	115

(3) Each city, exempted village, local, and joint vocational	116
school district shall have on file, and shall pay in accordance	117
with, a teachers' salary schedule which complies with section	118
3317.13 of the Revised Code.	119

(B) A school district board of education or educational	120
service center governing board that has not conformed with other	121
law, and the rules pursuant thereto, shall not participate in the	122
distribution of funds authorized by this chapter, except for good	123
and sufficient reason established to the satisfaction of the state	124
board of education and the state controlling board.	125

(C) All funds allocated to school districts under this	126
chapter, except those specifically allocated for other purposes,	127
shall be used only to pay current operating expenses or for either	128
of the following purposes:	129

(1) The modification or purchase of classroom space to	130
provide all-day kindergarten as required by section 3321.05 of the	131
Revised Code, provided the district certifies its shortage of	132
space for providing all-day kindergarten to the department of	133
education, in a manner specified by the department;	134

(2) Thethe modification or purchase of classroom space to	135
reduce class sizes in grades kindergarten through three to attain	136
the goal of fifteen students per core teacher, provided the	137
district certifies its need for additional classroom space to the	138
department, in a manner specified by the department.	139

(D) On or before the last day of each month, the department	140
of education shall certify to the director of budget and	141
management for payment, for each county:	142

(1)(a) That portion of the allocation of money under section	143
3306.13 of the Revised Code that is required to be paid in that	144
month to each school district located wholly within the county	145
subsequent to the deductions described in division (D)(1)(b) of	146
this section;	147

(b) The amounts deducted from such allocation under sections	148
3307.31 and 3309.51 of the Revised Code for payment directly to	149
the school employees and state teachers retirement systems under	150
such sections.	151

(2) If the district is located in more than one county, an	152
apportionment of the amounts that would otherwise be certified	153
under division (D)(1) of this section. The amounts apportioned to	154
the county shall equal the amounts certified under division (D)(1)	155
of this section times the percentage of the district's resident	156
pupils who reside both in the district and in the county, based on	157
the average daily membership reported under division (A) of	158
section 3317.03 of the Revised Code in October of the prior fiscal	159
year.	160

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	161
"guardian," or "other person having charge or care of a child"	162
means either parent unless the parents are separated or divorced	163
or their marriage has been dissolved or annulled, in which case	164
"parent" means the parent who is the residential parent and legal	165
custodian of the child. If the child is in the legal or permanent	166
custody of a person or government agency, "parent" means that	167
person or government agency. When a child is a resident of a home,	168
as defined in section 3313.64 of the Revised Code, and the child's	169
parent is not a resident of this state, "parent," "guardian," or	170
"other person having charge or care of a child" means the head of	171
the home.	172

A child between six and eighteen years of age is "of	173
compulsory school age" for the purpose of sections 3321.01 to	174
3321.13 of the Revised Code. A child under six years of age who	175
has been enrolled in kindergarten also shall be considered "of	176
compulsory school age" for the purpose of sections 3321.01 to	177
3321.13 of the Revised Code unless at any time the child's parent	178
or guardian, at the parent's or guardian's discretion and in	179
consultation with the child's teacher and principal, formally	180
withdraws the child from kindergarten. The compulsory school age	181
of a child shall not commence until the beginning of the term of	182
such schools, or other time in the school year fixed by the rules	183
of the board of the district in which the child resides.	184

(2) No child shall be admitted to a kindergarten or a first	185
grade of a public school in a district in which all children are	186
admitted to kindergarten and the first grade in August or	187
September unless the child is five or six years of age,	188
respectively, by the thirtieth day of September of the year of	189
admittance, or by the first day of a term or semester other than	190
one beginning in August or September in school districts granting	191
admittance at the beginning of such term or semester, except that	192
in those school districts using or obtaining educationally	193
accepted standardized testing programs for determining entrance,	194
as approved by the board of education of such districts, the board	195
shall admit a child to kindergarten or the first grade who fails	196
to meet the age requirement, provided the child meets necessary	197
standards as determined by such standardized testing programs. If	198
the board of education has not established a standardized testing	199
program, the board shall designate the necessary standards and a	200
testing program it will accept for the purpose of admitting a	201
child to kindergarten or first grade who fails to meet the age	202
requirement. Each child who will be the proper age for entrance to	203
kindergarten or first grade by the first day of January of the	204
school year for which admission is requested shall be so tested	205
upon the request of the child's parent.	206

(3) Notwithstanding divisions (A)(2) and (D) of this section,	207
beginning with the school year that starts in 2001 and continuing	208
thereafter the board of education of any district may adopt a	209
resolution establishing the first day of August in lieu of the	210
thirtieth day of September as the required date by which students	211
must have attained the age specified in those divisions.	212

(B) As used in divisions (C) and (D) of this section,	213
"successfully completed kindergarten" and "successful completion	214
of kindergarten" mean that the child has completed the	215
kindergarten requirements at one of the following:	216

(1) A public or chartered nonpublic school;

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(2) A kindergarten class that is both of the following:

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(a) Offered by a day-care provider licensed under Chapter	219
5104. of the Revised Code;	220

(b) If offered after July 1, 1991, is directly taught by a	221
teacher who holds one of the following:	222

(i) A valid educator license issued under section 3319.22 of	223
the Revised Code;	224

(ii) A Montessori preprimary credential or age-appropriate	225
diploma granted by the American Montessori society or the	226
association Montessori internationale;	227

(iii) Certification determined under division (G) of this	228
section to be equivalent to that described in division	229
(B)(2)(b)(ii) of this section;	230

(iv) Certification for teachers in nontax-supported schools	231
pursuant to section 3301.071 of the Revised Code.	232

(C) Except as provided in division (D) of this section, no	233
school district shall admit to the first grade any child who has	234
not successfully completed kindergarten.	235

(D) Upon request of a parent, the requirement of division (C)	236
of this section may be waived by the district's pupil personnel	237
services committee in the case of a child who is at least six	238
years of age by the thirtieth day of September of the year of	239
admittance and who demonstrates to the satisfaction of the	240
committee the possession of the social, emotional, and cognitive	241
skills necessary for first grade.	242

The board of education of each city, local, and exempted	243
village school district shall establish a pupil personnel services	244
committee. The committee shall be composed of all of the following	245
to the extent such personnel are either employed by the district	246
or employed by the governing board of the educational service	247
center within whose territory the district is located and the	248
educational service center generally furnishes the services of	249
such personnel to the district:	250

(1) The director of pupil personnel services;

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(2) An elementary school counselor;

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(3) An elementary school principal;

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(4) A school psychologist;

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(5) A teacher assigned to teach first grade;

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(6) A gifted coordinator.

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The responsibilities of the pupil personnel services	257
committee shall be limited to the issuing of waivers allowing	258
admittance to the first grade without the successful completion of	259
kindergarten. The committee shall have no other authority except	260
as specified in this section.	261

(E) The scheduling of times for kindergarten classes and	262
length of the school day for kindergarten shall be determined by	263
the board of education of a city, exempted village, or local	264
school district, subject to section 3321.05 of the Revised Code.	265

(F) Any kindergarten class offered by a day-care provider or	266
school described by division (B)(1) or (B)(2)(a) of this section	267
shall be developmentally appropriate.	268

(G) Upon written request of a day-care provider described by	269
division (B)(2)(a) of this section, the department of education	270
shall determine whether certification held by a teacher employed	271
by the provider meets the requirement of division (B)(2)(b)(iii)	272
of this section and, if so, shall furnish the provider a statement	273
to that effect.	274

(H) As used in this division, "all-day kindergarten" has the	275
same meaning as in section 3321.05 of the Revised Code.	276

(1) Any school district that did not receive for fiscal year	277
2009 poverty-based assistance for all-day kindergarten under	278
division (D) of section 3317.029 of the Revised Code may charge	279
fees or tuition for students enrolled in all-day kindergarten. If	280
a district charges fees or tuition for all-day kindergarten under	281
this division, the district shall develop a sliding fee scale	282
based on family incomes.	283

(2) The department of education shall conduct an annual	284
survey of each school district described in division (H)(1) of	285
this section to determine the following:	286

(1)(a) Whether the district charges fees or tuition for	287
students enrolled in all-day kindergarten;	288

(b) The amount of the fees or tuition charged;

289

(c) How many of the students for whom tuition is charged are	290
eligible for free lunches under the "National School Lunch Act,"	291
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child	292
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,	293
and how many of the students for whom tuition is charged are	294
eligible for reduced price lunches under those acts;	295

(2)(d) How many students are enrolled in traditional half-day	296
kindergarten and how many students are enrolled inrather than	297
all-day kindergarten, as defined in section 3321.05 of the Revised	298
Code.	299

Each district shall report to the department, in the manner	300
prescribed by the department, the information required by this	301
divisiondescribed in divisions (H)(2)(a) to (d) of this section.	302

The department shall issue an annual report on the results of	303
the survey and shall post the report on its web site. The	304
department shall issue the first report not later than April 30,	305
2008, and shall issue a report not later than the thirtieth day of	306
April each year thereafter.	307

Sec. 3321.05.  (A) As used in this section, "all-day	308
kindergarten" means a kindergarten class that is in session five	309
days per week for not less than the same number of clock hours	310
each day as for students in grades one through six.	311

(B) Any school district may operate all-day kindergarten or	312
extended kindergarten, but beginning in fiscal year 2011, each	313
city, local, and exempted village school district shall provide	314
all-day kindergarten to each student enrolled in kindergarten,	315
except as specified in divisions (C) and (D) of this section.	316

(C) The board of education of a school district may apply to	317
the superintendent of public instruction for a waiver of the	318
requirement to provide all-day kindergarten for all kindergarten	319
students. In making the determination to grant or deny the waiver,	320
the state superintendent may consider space concerns or	321
alternative delivery approaches used by the school district.	322

(D) Nono district shall require any student to attend	323
kindergarten for more than one-half of the number of clock hours	324
required each day for grades one through sixtraditional	325
kindergarten by the minimum standards adopted under division (D)	326
of section 3301.07 of the Revised Code. Each school district that	327
operates all-day or extended kindergarten shall accommodate	328
kindergarten students whose parents or guardians elect to enroll	329
them for one-half of the minimum number of hours required each	330
day for grades one through six.	331

(E) A school district may use space in child day-care centers	332
licensed under Chapter 5104. of the Revised Code to provide	333
all-day kindergarten under this section.	334

Section 2. That existing sections 3306.01, 3321.01, and	335
3321.05 of the Revised Code are hereby repealed.	336

Section 3. That Section 265.70.70 of Am. Sub. H.B. 1 of the	337
128th General Assembly and Section 9 of Sub. H.B. 318 of the 128th	338
General Assembly are hereby repealed.	339

Section 4. Sections 1, 2, and 3 of this act take effect on	340
the later of July 1, 2011, or the earliest date permitted by law.	341