As Passed by the Senate

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 178


Representative Phillips 

Cosponsors: Representatives Hayes, Mallory, Strahorn, Reece, Fedor, Heard, Antonio, Bishoff, Amstutz, Anielski, Ashford, Baker, Barborak, Barnes, Beck, Boyce, Boyd, Brenner, Brown, Budish, Burkley, Carney, Celebrezze, Cera, Clyde, Curtin, Derickson, DeVitis, Driehaus, Grossman, Hottinger, Huffman, Kunze, Letson, Lundy, Milkovich, O'Brien, Patmon, Patterson, Pillich, Roegner, Rogers, Ruhl, Sheehy, Stebelton, Winburn, Young Speaker Batchelder 

Senators Gentile, Hughes, Patton, Sawyer, Skindell, Turner 



A BILL
To amend sections 3313.976, 3314.03, 3326.11, 1
3328.24, and 3737.73 and to enact section 3319.46 2
of the Revised Code and to amend Sections 263.10 3
and 263.230 of Am. Sub. H.B. 59 of the 130th 4
General Assembly, as subsequently amended, with 5
respect to school safety drills in public and 6
private schools; the use of seclusion and physical 7
restraint on students and positive behavior 8
intervention supports in public schools; and the 9
qualification of private schools that are located 10
within the boundaries of a city, local, or 11
exempted village school district adjacent to the 12
pilot project school district for the Pilot 13
Project Scholarship Program and to make an 14
appropriation.15


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

       Section 1. That sections 3313.976, 3314.03, 3326.11, 3328.24, 16
and 3737.73 be amended and section 3319.46 of the Revised Code be 17
enacted to read as follows:18

       Sec. 3313.976.  (A) No private school may receive scholarship 19
payments from parents pursuant to section 3313.979 of the Revised 20
Code until the chief administrator of the private school registers 21
the school with the superintendent of public instruction. The 22
state superintendent shall register any school that meets the 23
following requirements:24

       (1) The school islocatedeither:25

       (a) Offers any of grades kindergarten through twelve and is 26
located within the boundaries of the pilot project school 27
district;28

       (b) Offers any of grades nine through twelve and is located29
within the boundaries of a city, local, or exempted village school 30
district that is both:31

       (i) Located in a municipal corporation with a population of 32
fifty thousand or more;33

       (ii) Adjacent to the pilot project school district.34

       (2) The school indicates in writing its commitment to follow 35
all requirements for a state-sponsored scholarship program 36
specified under sections 3313.974 to 3313.979 of the Revised Code, 37
including, but not limited to, the requirements for admitting 38
students pursuant to section 3313.977 of the Revised Code;39

       (3) The school meets all state minimum standards for 40
chartered nonpublic schools in effect on July 1, 1992, except that 41
the state superintendent at the superintendent's discretion may 42
register nonchartered nonpublic schools meeting the other 43
requirements of this division;44

       (4) The school does not discriminate on the basis of race, 45
religion, or ethnic background;46

       (5) The school enrolls a minimum of ten students per class or 47
a sum of at least twenty-five students in all the classes offered;48

       (6) The school does not advocate or foster unlawful behavior 49
or teach hatred of any person or group on the basis of race, 50
ethnicity, national origin, or religion;51

       (7) The school does not provide false or misleading 52
information about the school to parents, students, or the general 53
public;54

       (8) For students in grades kindergarten through eight with 55
family incomes at or below two hundred per cent of the federal 56
poverty guidelines, as defined in section 5104.46 of the Revised 57
Code, the school agrees not to charge any tuition in excess of the 58
scholarship amount established pursuant to division (C)(1) of 59
section 3313.978 of the Revised Code, excluding any increase 60
described in division (C)(2) of that section. 61

       (9) For students in grades kindergarten through eight with 62
family incomes above two hundred per cent of the federal poverty 63
guidelines, whose scholarship amounts are less than the actual 64
tuition charge of the school, the school agrees not to charge any 65
tuition in excess of the difference between the actual tuition 66
charge of the school and the scholarship amount established 67
pursuant to division (C)(1) of section 3313.978 of the Revised 68
Code, excluding any increase described in division (C)(2) of that 69
section. The school shall permit such tuition, at the discretion 70
of the parent, to be satisfied by the family's provision of 71
in-kind contributions or services.72

       (10) The school agrees not to charge any tuition to families 73
of students in grades nine through twelve receiving a scholarship 74
in excess of the actual tuition charge of the school less the 75
scholarship amount established pursuant to division (C)(1) of 76
section 3313.978 of the Revised Code, excluding any increase 77
described in division (C)(2) of that section.78

       (11) If the school is not subject to division (K)(1)(a) of 79
section 3301.0711 of the Revised Code, it annually administers the 80
applicable assessments prescribed by section 3301.0710 or 81
3301.0712 of the Revised Code to each scholarship student enrolled 82
in the school in accordance with section 3301.0711 or 3301.0712 of 83
the Revised Code and reports to the department of education the 84
results of each such assessment administered to each scholarship 85
student.86

       (B) The state superintendent shall revoke the registration of 87
any school if, after a hearing, the superintendent determines that 88
the school is in violation of any of the provisions of division 89
(A) of this section.90

       (C) Any public school located in a school district adjacent 91
to the pilot project district may receive scholarship payments on 92
behalf of parents pursuant to section 3313.979 of the Revised Code 93
if the superintendent of the district in which such public school 94
is located notifies the state superintendent prior to the first 95
day of March that the district intends to admit students from the 96
pilot project district for the ensuing school year pursuant to 97
section 3327.06 of the Revised Code.98

       (D) Any parent wishing to purchase tutorial assistance from 99
any person or governmental entity pursuant to the pilot project 100
program under sections 3313.974 to 3313.979 of the Revised Code 101
shall apply to the state superintendent. The state superintendent 102
shall approve providers who appear to possess the capability of 103
furnishing the instructional services they are offering to 104
provide.105

       Sec. 3314.03.  A copy of every contract entered into under 106
this section shall be filed with the superintendent of public 107
instruction. The department of education shall make available on 108
its web site a copy of every approved, executed contract filed 109
with the superintendent under this section.110

       (A) Each contract entered into between a sponsor and the 111
governing authority of a community school shall specify the 112
following:113

       (1) That the school shall be established as either of the 114
following:115

       (a) A nonprofit corporation established under Chapter 1702. 116
of the Revised Code, if established prior to April 8, 2003;117

       (b) A public benefit corporation established under Chapter 118
1702. of the Revised Code, if established after April 8, 2003.119

       (2) The education program of the school, including the 120
school's mission, the characteristics of the students the school 121
is expected to attract, the ages and grades of students, and the 122
focus of the curriculum;123

       (3) The academic goals to be achieved and the method of 124
measurement that will be used to determine progress toward those 125
goals, which shall include the statewide achievement assessments;126

       (4) Performance standards by which the success of the school 127
will be evaluated by the sponsor;128

       (5) The admission standards of section 3314.06 of the Revised 129
Code and, if applicable, section 3314.061 of the Revised Code;130

       (6)(a) Dismissal procedures;131

       (b) A requirement that the governing authority adopt an 132
attendance policy that includes a procedure for automatically 133
withdrawing a student from the school if the student without a 134
legitimate excuse fails to participate in one hundred five 135
consecutive hours of the learning opportunities offered to the 136
student.137

       (7) The ways by which the school will achieve racial and 138
ethnic balance reflective of the community it serves;139

       (8) Requirements for financial audits by the auditor of 140
state. The contract shall require financial records of the school 141
to be maintained in the same manner as are financial records of 142
school districts, pursuant to rules of the auditor of state. 143
Audits shall be conducted in accordance with section 117.10 of the 144
Revised Code.145

       (9) The facilities to be used and their locations;146

       (10) Qualifications of teachers, including a requirement that 147
the school's classroom teachers be licensed in accordance with 148
sections 3319.22 to 3319.31 of the Revised Code, except that a 149
community school may engage noncertificated persons to teach up to 150
twelve hours per week pursuant to section 3319.301 of the Revised 151
Code.152

       (11) That the school will comply with the following 153
requirements:154

       (a) The school will provide learning opportunities to a 155
minimum of twenty-five students for a minimum of nine hundred 156
twenty hours per school year.157

       (b) The governing authority will purchase liability 158
insurance, or otherwise provide for the potential liability of the 159
school.160

       (c) The school will be nonsectarian in its programs, 161
admission policies, employment practices, and all other 162
operations, and will not be operated by a sectarian school or 163
religious institution.164

       (d) The school will comply with sections 9.90, 9.91, 109.65, 165
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 166
3301.0712, 3301.0715, 3301.948, 3313.472, 3313.50, 3313.536, 167
3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 168
3313.6015, 3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 169
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 170
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 171
3313.719, 3313.7112, 3313.80, 3313.814, 3313.816, 3313.817, 172
3313.86, 3313.89, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 173
3319.41, 3319.46, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 174
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 175
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 176
4123., 4141., and 4167. of the Revised Code as if it were a school 177
district and will comply with section 3301.0714 of the Revised 178
Code in the manner specified in section 3314.17 of the Revised 179
Code.180

       (e) The school shall comply with Chapter 102. and section 181
2921.42 of the Revised Code.182

       (f) The school will comply with sections 3313.61, 3313.611, 183
and 3313.614 of the Revised Code, except that for students who 184
enter ninth grade for the first time before July 1, 2010, the 185
requirement in sections 3313.61 and 3313.611 of the Revised Code 186
that a person must successfully complete the curriculum in any 187
high school prior to receiving a high school diploma may be met by 188
completing the curriculum adopted by the governing authority of 189
the community school rather than the curriculum specified in Title 190
XXXIII of the Revised Code or any rules of the state board of 191
education. Beginning with students who enter ninth grade for the 192
first time on or after July 1, 2010, the requirement in sections 193
3313.61 and 3313.611 of the Revised Code that a person must 194
successfully complete the curriculum of a high school prior to 195
receiving a high school diploma shall be met by completing the 196
requirements prescribed in division (C) of section 3313.603 of the 197
Revised Code, unless the person qualifies under division (D) or 198
(F) of that section. Each school shall comply with the plan for 199
awarding high school credit based on demonstration of subject area 200
competency, adopted by the state board of education under division 201
(J) of section 3313.603 of the Revised Code.202

       (g) The school governing authority will submit within four 203
months after the end of each school year a report of its 204
activities and progress in meeting the goals and standards of 205
divisions (A)(3) and (4) of this section and its financial status 206
to the sponsor and the parents of all students enrolled in the 207
school.208

       (h) The school, unless it is an internet- or computer-based 209
community school, will comply with section 3313.801 of the Revised 210
Code as if it were a school district.211

       (i) If the school is the recipient of moneys from a grant 212
awarded under the federal race to the top program, Division (A), 213
Title XIV, Sections 14005 and 14006 of the "American Recovery and 214
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 215
school will pay teachers based upon performance in accordance with 216
section 3317.141 and will comply with section 3319.111 of the 217
Revised Code as if it were a school district.218

       (12) Arrangements for providing health and other benefits to 219
employees;220

       (13) The length of the contract, which shall begin at the 221
beginning of an academic year. No contract shall exceed five years 222
unless such contract has been renewed pursuant to division (E) of 223
this section.224

       (14) The governing authority of the school, which shall be 225
responsible for carrying out the provisions of the contract;226

       (15) A financial plan detailing an estimated school budget 227
for each year of the period of the contract and specifying the 228
total estimated per pupil expenditure amount for each such year. 229

       (16) Requirements and procedures regarding the disposition of 230
employees of the school in the event the contract is terminated or 231
not renewed pursuant to section 3314.07 of the Revised Code;232

       (17) Whether the school is to be created by converting all or 233
part of an existing public school or educational service center 234
building or is to be a new start-up school, and if it is a 235
converted public school or service center building, specification 236
of any duties or responsibilities of an employer that the board of 237
education or service center governing board that operated the 238
school or building before conversion is delegating to the 239
governing authority of the community school with respect to all or 240
any specified group of employees provided the delegation is not 241
prohibited by a collective bargaining agreement applicable to such 242
employees;243

       (18) Provisions establishing procedures for resolving 244
disputes or differences of opinion between the sponsor and the 245
governing authority of the community school;246

       (19) A provision requiring the governing authority to adopt a 247
policy regarding the admission of students who reside outside the 248
district in which the school is located. That policy shall comply 249
with the admissions procedures specified in sections 3314.06 and 250
3314.061 of the Revised Code and, at the sole discretion of the 251
authority, shall do one of the following:252

       (a) Prohibit the enrollment of students who reside outside 253
the district in which the school is located;254

       (b) Permit the enrollment of students who reside in districts 255
adjacent to the district in which the school is located;256

       (c) Permit the enrollment of students who reside in any other 257
district in the state.258

       (20) A provision recognizing the authority of the department 259
of education to take over the sponsorship of the school in 260
accordance with the provisions of division (C) of section 3314.015 261
of the Revised Code;262

       (21) A provision recognizing the sponsor's authority to 263
assume the operation of a school under the conditions specified in 264
division (B) of section 3314.073 of the Revised Code;265

        (22) A provision recognizing both of the following:266

       (a) The authority of public health and safety officials to 267
inspect the facilities of the school and to order the facilities 268
closed if those officials find that the facilities are not in 269
compliance with health and safety laws and regulations;270

       (b) The authority of the department of education as the 271
community school oversight body to suspend the operation of the 272
school under section 3314.072 of the Revised Code if the 273
department has evidence of conditions or violations of law at the 274
school that pose an imminent danger to the health and safety of 275
the school's students and employees and the sponsor refuses to 276
take such action.277

        (23) A description of the learning opportunities that will be 278
offered to students including both classroom-based and 279
non-classroom-based learning opportunities that is in compliance 280
with criteria for student participation established by the 281
department under division (H)(2) of section 3314.08 of the Revised 282
Code;283

       (24) The school will comply with sections 3302.04 and 284
3302.041 of the Revised Code, except that any action required to 285
be taken by a school district pursuant to those sections shall be 286
taken by the sponsor of the school. However, the sponsor shall not 287
be required to take any action described in division (F) of 288
section 3302.04 of the Revised Code.289

       (25) Beginning in the 2006-2007 school year, the school will 290
open for operation not later than the thirtieth day of September 291
each school year, unless the mission of the school as specified 292
under division (A)(2) of this section is solely to serve dropouts. 293
In its initial year of operation, if the school fails to open by 294
the thirtieth day of September, or within one year after the 295
adoption of the contract pursuant to division (D) of section 296
3314.02 of the Revised Code if the mission of the school is solely 297
to serve dropouts, the contract shall be void.298

       (26) Whether the school's governing authority is planning to 299
seek designation for the school as a STEM school equivalent under 300
section 3326.032 of the Revised Code.301

       (B) The community school shall also submit to the sponsor a 302
comprehensive plan for the school. The plan shall specify the 303
following:304

       (1) The process by which the governing authority of the 305
school will be selected in the future;306

       (2) The management and administration of the school;307

       (3) If the community school is a currently existing public 308
school or educational service center building, alternative 309
arrangements for current public school students who choose not to 310
attend the converted school and for teachers who choose not to 311
teach in the school or building after conversion;312

       (4) The instructional program and educational philosophy of 313
the school;314

       (5) Internal financial controls.315

       (C) A contract entered into under section 3314.02 of the 316
Revised Code between a sponsor and the governing authority of a 317
community school may provide for the community school governing 318
authority to make payments to the sponsor, which is hereby 319
authorized to receive such payments as set forth in the contract 320
between the governing authority and the sponsor. The total amount 321
of such payments for oversight and monitoring of the school shall 322
not exceed three per cent of the total amount of payments for 323
operating expenses that the school receives from the state.324

       (D) The contract shall specify the duties of the sponsor 325
which shall be in accordance with the written agreement entered 326
into with the department of education under division (B) of 327
section 3314.015 of the Revised Code and shall include the 328
following:329

        (1) Monitor the community school's compliance with all laws 330
applicable to the school and with the terms of the contract;331

        (2) Monitor and evaluate the academic and fiscal performance 332
and the organization and operation of the community school on at 333
least an annual basis;334

        (3) Report on an annual basis the results of the evaluation 335
conducted under division (D)(2) of this section to the department 336
of education and to the parents of students enrolled in the 337
community school;338

        (4) Provide technical assistance to the community school in 339
complying with laws applicable to the school and terms of the 340
contract;341

        (5) Take steps to intervene in the school's operation to 342
correct problems in the school's overall performance, declare the 343
school to be on probationary status pursuant to section 3314.073 344
of the Revised Code, suspend the operation of the school pursuant 345
to section 3314.072 of the Revised Code, or terminate the contract 346
of the school pursuant to section 3314.07 of the Revised Code as 347
determined necessary by the sponsor;348

        (6) Have in place a plan of action to be undertaken in the 349
event the community school experiences financial difficulties or 350
closes prior to the end of a school year.351

        (E) Upon the expiration of a contract entered into under this 352
section, the sponsor of a community school may, with the approval 353
of the governing authority of the school, renew that contract for 354
a period of time determined by the sponsor, but not ending earlier 355
than the end of any school year, if the sponsor finds that the 356
school's compliance with applicable laws and terms of the contract 357
and the school's progress in meeting the academic goals prescribed 358
in the contract have been satisfactory. Any contract that is 359
renewed under this division remains subject to the provisions of 360
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.361

       (F) If a community school fails to open for operation within 362
one year after the contract entered into under this section is 363
adopted pursuant to division (D) of section 3314.02 of the Revised 364
Code or permanently closes prior to the expiration of the 365
contract, the contract shall be void and the school shall not 366
enter into a contract with any other sponsor. A school shall not 367
be considered permanently closed because the operations of the 368
school have been suspended pursuant to section 3314.072 of the 369
Revised Code.370

       Sec. 3319.46.  The state board of education shall adopt rules 371
under Chapter 119. of the Revised Code that establish a policy and 372
standards for the implementation of positive behavior intervention 373
supports and the use of physical restraint or seclusion on 374
students.375

        Each school district board of education shall comply with the 376
policy and standards adopted by the state board under this 377
section.378

       Sec. 3326.11. Each science, technology, engineering, and 379
mathematics school established under this chapter and its 380
governing body shall comply with sections 9.90, 9.91, 109.65, 381
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 382
3301.0714, 3301.0715, 3301.948, 3313.14, 3313.15, 3313.16, 383
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 384
3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 385
3313.6014, 3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 386
3313.615, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 387
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 388
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 389
3313.7112, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 390
3313.86, 3313.89, 3313.96, 3319.073, 3319.21, 3319.32, 3319.321, 391
3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3319.46, 3321.01, 392
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 393
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., 394
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 395
4167. of the Revised Code as if it were a school district.396

       Sec. 3328.24. A college-preparatory boarding school 397
established under this chapter and its board of trustees shall 398
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 399
3301.0714, 3301.948, 3313.536, 3313.6013, 3313.6411, 3313.7112, 400
3313.89, 3319.39, and 3319.391, and 3319.46 and Chapter 3365. of 401
the Revised Code as if the school were a school district and the 402
school's board of trustees were a district board of education.403

       Sec. 3737.73.  (A) No principal or person in charge of a 404
public or private school or educational institution having an 405
average daily attendance of twenty or more pupils, and no person 406
in charge of any children's home or orphanage housing twenty or 407
more minor persons, shall willfully neglect to instruct and train 408
such children by means of drills or rapid dismissals, so that such 409
children in a sudden emergency may leave the building in the 410
shortest possible time without confusion. TheExcept as provided 411
for in division (F) of this section, the principal or person in 412
charge of a school or educational institution shall conduct drills 413
or rapid dismissals at least ninesix times during the school 414
year, pursuant to division (E) of this section, which shall be at 415
the times and frequency prescribed in rules adopted by the fire 416
marshal. However, no drill or rapid dismissal under this division 417
need be conducted in any month that a school safety drill required 418
under division (D) of this section is conducted as long as a total 419
of nine drills or rapid dismissals under this division are 420
conducted in the school year. The principal or person in charge of 421
a children's home or orphanage shall conduct drills or rapid 422
dismissals at least once each month while the home is in 423
operation. In the case of schools, no principal or person in 424
charge of a school shall willfully neglect to keep the doors and 425
exits of such building unlocked during school hours. The fire 426
marshal may order the immediate installation of necessary fire 427
gongs or signals in such schools, institutions, or children's 428
homes and enforce this division and divisions (B) and, (C)(3), and 429
(F) of this section.430

       (B) In conjunction with the drills or rapid dismissals 431
required by division (A) or (F) of this section, whichever is 432
applicable, principals or persons in charge of public or private 433
primary and secondary schools, or educational institutions, shall 434
instruct pupils in safety precautions to be taken in case of a 435
tornado alert or warning. Such principals or persons in charge of 436
such schools or institutions shall designate, in accordance with 437
standards prescribed by the fire marshal, appropriate locations to 438
be used to shelter pupils in case of a tornado, tornado alert, or 439
warning.440

       (C)(1) The fire marshal or the fire marshal's designee shall 441
annually inspect each school, institution, home, or orphanage 442
subject to division (A) or (F) of this section to determine 443
compliance with thatthe applicable division, and each school or 444
institution subject to division (B) of this section to ascertain 445
whether the locations comply with the standards prescribed under 446
that division. Nothing in this section shall require a school or 447
institution to construct or improve a facility or location for use 448
as a shelter area.449

       (2) The fire marshal or the fire marshal's designee shall 450
issue a warning to any person found in violation of division (A) 451
or, (B), or (F) of this section. The warning shall indicate the 452
specific violation and a date by which such violation shall be 453
corrected. 454

       (3) No person shall fail to correct violations by the date 455
indicated on a warning issued under division (C)(2) of this 456
section.457

       (D)(1) On or before April 1, 2007, and on or before each 458
first day of December thereafter, the(a) The principal or person 459
in charge of each public or private school or educational 460
institution shall conduct a school safety drilldrills at least 461
three times during the school year, pursuant to division (E) of 462
this section, to provide pupils with instruction in the procedures 463
to follow in situations where pupils must be secured in the school 464
building, such asor rapidly evacuated in response to a threat to 465
the school involving an act of terrorism; a person possessing a 466
deadly weapon or dangerous ordnance, as defined in section 2923.11 467
of the Revised Code, on school property; or other act of violence.468
At least one safety drill shall include a scenario where pupils 469
must be secured in the school building rather than rapidly 470
evacuated.471

       Each safety drill shall be conducted in conjunction with the 472
police chief or other similar chief law enforcement officer, or 473
designee, of the municipal corporation, township, or township or 474
joint police district in which the school or institution is 475
located, or, in absence of any such person, the county sheriff of 476
the county, or designee, in which the school or institution is 477
located.478

       (b) In addition to the three safety drills described in 479
division (D)(1)(a) of this section, the principal or person in 480
charge shall conduct a theoretical school safety drill at least 481
once during the school year to provide all faculty and staff 482
employed by the school or institution with instruction in the 483
procedures to follow in such situations. The theoretical drill 484
does not need to include student participation and may be 485
conducted at the annual training session required by division 486
(D)(3) of this section.487

       (c) All safety drills required under division (D) of this 488
section shall be conducted pursuant to the district's or school's 489
emergency management plan adopted under section 3313.536 of the 490
Revised Code.491

       (2)(a) The principal or person in charge of each public or 492
private school or educational institution shall provide to the 493
police chief or other similar chief law enforcement officer of the 494
municipal corporation, township, or township or joint police 495
district in which the school or institution is located, or, in 496
absence of any such person, the county sheriff of the county in 497
which the school or institution is located advance written notice 498
of each school safety drill required under division (D)(1) of this 499
section and shall keep a written record of the date and time of 500
each drill conducted. The advance notice shall be provided not 501
later than seventy-two hours prior to the date the drill will be 502
conducted and shall include the date and time the drill will be 503
conducted and the address of the school or educational 504
institution. The notice shall be provided by mail, facsimile, or 505
electronic submission.506

       (b) Not later than April 5, 2007, and not later than the 507
fifth day of December each year thereafter, the principal or 508
person in charge of each public or private school or educational 509
institution shall provide written certification by mail, 510
facsimile, or electronic submission of the date and time each 511
school safety drill required under division (D)(1) of this section 512
was conducted during the previous school year, as well as the date 513
and time each drill will be conducted during the current school 514
year, to the police chief or other similar chief law enforcement 515
officer of the municipal corporation, township, or township or 516
joint police district in which the school or institution is 517
located, or, in the absence of any such person, the county sheriff 518
of the county in which the school or institution is located. If 519
such certification is not provided, the principal or person in 520
charge of the school or institution shall be considered to have 521
failed to conduct the drillmeet this requirement and shall be 522
subject to division (D)(4) of this section.523

       (3) The principal or person in charge of each public or 524
private school or educational institution shall hold annual 525
training sessions for employees of the school or institution 526
regarding the conduct of school safety drills.527

       (4) The police chief or other similar chief law enforcement 528
officer of a municipal corporation, township, or township or joint 529
police district, or, in the absence of any such person, the county 530
sheriff shall issue a warning to any person found in violation of 531
division (D)(1) of this section. Each warning issued for a 532
violation of division (D)(1) of this section shall require the 533
principal or person in charge of the school or institution to 534
correct the violation by conducting thea school safety drill not 535
later than the thirtieth day after the date the warning is issued. 536
The violation shall not be considered corrected unless, not later 537
than forty days after the date the warning is issued, the 538
principal or person in charge of the school or institution 539
provides written certification of the date and time thethis drill 540
was conducted, as well as the date and time each remaining drill 541
will be conducted during the current school year, to the police 542
chief or other similar chief law enforcement officer or county 543
sheriff who issued the warning.544

       (5) No person shall fail to correct violations by the date 545
indicated on a warning issued under division (D)(4) of this 546
section.547

       (E) The principal or person in charge of each public or 548
private school or educational institution shall conduct at least 549
one drill or rapid dismissal required under division (A) or (F) of 550
this section, whichever is applicable, or one school safety drill 551
required under division (D) of this section during each month of 552
the school year. However, the principal or person in charge may 553
determine the exact date and time that each drill will be 554
conducted. A drill or rapid dismissal under division (A) or (F) of 555
this section may be conducted during the same month as a school 556
safety drill under division (D) of this section.557

       (F) If a public or private school or educational institution 558
does not currently have smoke detectors, as defined in section 559
3781.104 of the Revised Code, or a sprinkler system in all 560
classroom buildings of the school, the principal or person in 561
charge of the school or educational institution shall conduct 562
drills or rapid dismissals at least nine times during the school 563
year, pursuant to division (E) of this section, which shall be at 564
the times and frequency prescribed in rules adopted by the fire 565
marshal. At the discretion of the principal or person in charge of 566
the school or institution, drills conducted under this division 567
may be combined with drills conducted under division (D) of this 568
section, so long as at least one drill conducted under that 569
division provides pupils with instruction in the procedures to 570
follow in situations where pupils must be secured in the school 571
building rather than rapidly evacuated.572

       Section 2. That existing sections 3313.976, 3314.03, 3326.11, 573
3328.24, and 3737.73 of the Revised Code are hereby repealed.574

       Section 3. That Sections 263.10 and 263.230 of Am. Sub. H.B. 575
59 of the 130th General Assembly, as amended by Am. Sub. H.B. 483 576
of the 130th General Assembly, be amended to read as follows:577

       Sec. 263.10. EDU DEPARTMENT OF EDUCATION578

General Revenue Fund579

GRF 200321 Operating Expenses $ 13,142,780 $ 13,142,780 580
GRF 200408 Early Childhood Education $ 33,318,341 $ 45,318,341 581
GRF 200420 Information Technology Development and Support $ 4,241,296 $ 4,241,296 582
GRF 200421 Alternative Education Programs $ 7,403,998 $ 12,403,998 583
GRF 200422 School Management Assistance $ 3,000,000 $ 3,000,000 584
GRF 200424 Policy Analysis $ 328,558 $ 328,558 585
GRF 200425 Tech Prep Consortia Support $ 260,542 $ 260,542 586
GRF 200426 Ohio Educational Computer Network $ 29,625,569 $ 19,625,569 587
GRF 200427 Academic Standards $ 3,800,000 $ 3,800,000 588
GRF 200437 Student Assessment $ 55,895,000 $ 75,895,000 589
GRF 200439 Accountability/Report Cards $ 3,500,000 $ 3,750,000 590
GRF 200442 Child Care Licensing $ 827,140 $ 827,140 591
GRF 200446 Education Management Information System $ 6,833,070 $ 6,833,070 592
GRF 200447 GED Testing $ 879,551 $ 879,551 593
GRF 200448 Educator Preparation $ 1,136,737 $ 1,564,237 594
GRF 200455 Community Schools and Choice Programs $ 2,438,685 $ 2,491,395 595
GRF 200464 General Technology Operations $ 192,097 $ 192,097 596
GRF 200465 Technology Integration and Professional Development $ 1,778,879 $ 1,778,879 597
GRF 200502 Pupil Transportation $ 505,013,527 $ 521,013,527 598
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000 599
GRF 200511 Auxiliary Services $ 130,499,457 $ 138,214,374 600
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 58,951,750 $ 62,436,882 601
GRF 200540 Special Education Enhancements $ 156,871,292 $ 157,871,292 602
GRF 200545 Career-Technical Education Enhancements $ 9,372,999 $ 9,372,999 603
GRF 200550 Foundation Funding $ 5,808,098,389 $ 6,151,463,768 6,151,664,668 604
GRF 200566 Literacy Improvement $ 150,000 $ 150,000 605
GRF 200901 Property Tax Allocation - Education $ 1,126,800,000 $ 1,146,402,000 606
TOTAL GRF General Revenue Fund $ 7,973,459,657 $ 8,392,357,295 8,392,558,195 607

General Services Fund Group608

1380 200606 Information Technology Development and Support $ 6,850,090 $ 6,850,090 609
4520 200638 Fees and Refunds $ 500,000 $ 500,000 610
4L20 200681 Teacher Certification and Licensure $ 8,313,762 $ 13,658,274 611
5960 200656 Ohio Career Information System $ 529,761 $ 529,761 612
5H30 200687 School District Solvency Assistance $ 25,000,000 $ 25,000,000 613
5JC0 200654 Adult Career Opportunity Pilot Program $ 0 $ 2,500,000 614
5KX0 200691 Ohio School Sponsorship Program $ 487,419 $ 487,419 615
5KY0 200693 Community Schools Temporary Sponsorship $ 83,000 $ 83,000 616
TOTAL GSF General Services 617
Fund Group $ 41,764,032 $ 49,608,544 618

Federal Special Revenue Fund Group619

3090 200601 Neglected and Delinquent Education $ 2,168,642 $ 2,168,642 620
3670 200607 School Food Services $ 8,200,664 $ 8,700,149 621
3700 200624 Education of Exceptional Children $ 1,530,000 $ 1,530,000 622
3AF0 200603 Schools Medicaid Administrative Claims $ 750,000 $ 750,000 623
3AN0 200671 School Improvement Grants $ 20,400,000 $ 20,400,000 624
3BK0 200628 Longitudinal Data Systems $ 1,250,000 $ 0 625
3C50 200661 Early Childhood Education $ 14,554,749 $ 14,554,749 626
3CG0 200646 Teacher Incentive $ 15,125,588 $ 15,183,285 627
3D20 200667 Math Science Partnerships $ 6,000,000 $ 6,000,000 628
3EC0 200653 Teacher Incentive - Federal Stimulus $ 1,300,000 $ 0 629
3EH0 200620 Migrant Education $ 2,900,000 $ 2,900,000 630
3EJ0 200622 Homeless Children Education $ 2,600,000 $ 2,600,000 631
3EK0 200637 Advanced Placement $ 450,000 $ 450,000 632
3EN0 200655 State Data Systems - Federal Stimulus $ 1,250,000 $ 0 633
3FD0 200665 Race to the Top $ 136,000,000 $ 58,074,046 634
3FN0 200672 Early Learning Challenge - Race to the Top $ 7,040,000 $ 7,040,000 635
3GE0 200674 Summer Food Service Program $ 13,596,000 $ 14,003,800 636
3GF0 200675 Miscellaneous Nutrition Grants $ 700,000 $ 700,000 637
3GG0 200676 Fresh Fruit and Vegetable Program $ 4,738,000 $ 4,880,140 638
3H90 200605 Head Start Collaboration Project $ 225,000 $ 225,000 639
3L60 200617 Federal School Lunch $ 350,608,075 $ 361,126,273 640
3L70 200618 Federal School Breakfast $ 108,480,590 $ 112,819,813 641
3L80 200619 Child/Adult Food Programs $ 106,992,650 $ 110,202,428 642
3L90 200621 Career-Technical Education Basic Grant $ 44,663,900 $ 44,663,900 643
3M00 200623 ESEA Title 1A $ 560,000,000 $ 560,000,000 644
3M20 200680 Individuals with Disabilities Education Act $ 443,170,050 $ 443,170,050 645
3T40 200613 Public Charter Schools $ 500,000 $ 0 646
3Y20 200688 21st Century Community Learning Centers $ 48,201,810 $ 50,611,900 647
3Y60 200635 Improving Teacher Quality $ 101,900,000 $ 101,900,000 648
3Y70 200689 English Language Acquisition $ 9,700,000 $ 9,700,000 649
3Y80 200639 Rural and Low Income Technical Assistance $ 3,300,000 $ 3,300,000 650
3Z20 200690 State Assessments $ 11,800,000 $ 11,800,000 651
3Z30 200645 Consolidated Federal Grant Administration $ 7,949,280 $ 7,949,280 652
TOTAL FED Federal Special 653
Revenue Fund Group $ 2,038,044,998 $ 1,977,403,455 654

State Special Revenue Fund Group655

4540 200610 GED Testing $ 1,050,000 $ 250,000 656
4550 200608 Commodity Foods $ 24,000,000 $ 24,000,000 657
4R70 200695 Indirect Operational Support $ 6,600,000 $ 6,600,000 658
4V70 200633 Interagency Program Support $ 717,725 $ 717,725 659
5980 200659 Auxiliary Services Reimbursement $ 1,328,910 $ 1,328,910 660
5BJ0 200626 Half-Mill Maintenance Equalization $ 19,000,000 $ 20,000,000 661
5MM0 200677 Child Nutrition Refunds $ 500,000 $ 500,000 662
5T30 200668 Gates Foundation Grants $ 200,000 $ 153,000 663
5U20 200685 National Education Statistics $ 300,000 $ 300,000 664
6200 200615 Educational Improvement Grants $ 300,000 $ 300,000 665
TOTAL SSR State Special Revenue 666
Fund Group $ 53,996,635 $ 54,149,635 667

Lottery Profits Education Fund Group668

7017 200612 Foundation Funding $ 775,500,000 $ 857,700,000 669
7017 200629 Career Advising and Mentoring $ 0 $ 10,000,000 670
7017 200648 Straight A Fund $ 100,000,000 $ 150,000,000 671
7017 200666 EdChoice Expansion $ 3,800,000 $ 17,000,000 672
7017 200684 Community School Facilities $ 7,500,000 $ 7,500,000 673
TOTAL LPE Lottery Profits 674
Education Fund Group $ 886,800,000 $ 1,042,200,000 675

Revenue Distribution Fund Group676

7047 200909 School District Property Tax Replacement-Business $ 482,000,000 $ 482,000,000 677
7053 200900 School District Property Tax Replacement-Utility $ 28,000,000 $ 28,000,000 678
TOTAL RDF Revenue Distribution 679
Fund Group $ 510,000,000 $ 510,000,000 680
TOTAL ALL BUDGET FUND GROUPS $ 11,504,065,322 $ 12,025,718,929 12,025,919,829 681


       Sec. 263.230. FOUNDATION FUNDING683

       Of the foregoing appropriation item 200550, Foundation 684
Funding, up to $675,000 in fiscal year 2014 shall be used to 685
support the work of the College of Education and Human Ecology at 686
the Ohio State University in reviewing and assessing the alignment 687
of courses offered through the distance learning clearinghouse 688
established in sections 3333.81 to 3333.88 of the Revised Code 689
with the academic content standards adopted under division (A) of 690
section 3301.079 of the Revised Code.691

       Of the foregoing appropriation item 200550, Foundation 692
Funding, up to $40,000,000 in each fiscal year shall be used to 693
provide additional state aid to school districts, joint vocational 694
school districts, community schools, and STEM schools for special 695
education students under division (C)(3) of section 3314.08, 696
section 3317.0214, division (B) of section 3317.16, and section 697
3326.34 of the Revised Code, except that the Controlling Board may 698
increase these amounts if presented with such a request from the 699
Department of Education at the final meeting of the fiscal year.700

        Of the foregoing appropriation item 200550, Foundation 701
Funding, up to $2,000,000 in each fiscal year shall be reserved 702
for Youth Services tuition payments under section 3317.024 of the 703
Revised Code.704

       Of the foregoing appropriation item 200550, Foundation 705
Funding, up to $3,800,000 in each fiscal year shall be used to 706
fund gifted education at educational service centers. The 707
Department shall distribute the funding through the unit-based 708
funding methodology in place under division (L) of section 709
3317.024, division (E) of section 3317.05, and divisions (A), (B), 710
and (C) of section 3317.053 of the Revised Code as they existed 711
prior to fiscal year 2010.712

       Of the foregoing appropriation item 200550, Foundation 713
Funding, up to $43,500,000 in fiscal year 2014 and up to 714
$40,000,000 in fiscal year 2015 shall be reserved to fund the 715
state reimbursement of educational service centers under the 716
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 717
"EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,500,000 in 718
each fiscal year shall be distributed to educational service 719
centers for School Improvement Initiatives and, in consultation 720
with the Governor's Director of 21st Century Education, for the 721
provision of technical assistance as required by the Elementary 722
and Secondary Education Act Flexibility waivers approved for Ohio 723
by the United States Department of Education. Educational service 724
centers shall be required to support districts in the development 725
and implementation of their continuous improvement plans as 726
required in section 3302.04 of the Revised Code and to provide 727
technical assistance and support in accordance with Title I of the 728
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 729
6317, as administered pursuant to the Elementary and Secondary 730
Education Act Flexibility waivers approved for Ohio by the United 731
States Department of Education. 732

       Of the foregoing appropriation item 200550, Foundation 733
Funding, up to $20,000,000 in each fiscal year shall be reserved 734
for payments under sections 3317.026, 3317.027, and 3317.028 of 735
the Revised Code. If this amount is not sufficient, the Department 736
of Education shall prorate the payment amounts so that the 737
aggregate amount allocated in this paragraph is not exceeded.738

       Of the foregoing appropriation item 200550, Foundation 739
Funding, up to $2,000,000 in each fiscal year shall be used to pay 740
career-technical planning districts for the amounts reimbursed to 741
students, as prescribed in this paragraph. Each career-technical 742
planning district shall reimburse individuals taking the online 743
General Educational Development (GED) test for the first time for 744
application/test fees in excess of $40. Each career-technical 745
planning district shall designate a site or sites where 746
individuals may register and take the exam. For each individual 747
that registers for the exam, the career-technical planning 748
district shall make available and offer career counseling 749
services, including information on adult education programs that 750
are available. Any remaining funds in each fiscal year shall be 751
reimbursed to the Department of Youth Services and the Department 752
of Rehabilitation and Correction for individuals in these 753
facilities who have taken the GED for the first time. The amounts 754
reimbursed shall not exceed the per-individual amounts reimbursed 755
to other individuals under this section for each section of the 756
GED.757

       Of the foregoing appropriation item 200550, Foundation 758
Funding, up to $410,000 in each fiscal year shall be used to pay 759
career-technical planning districts $500 for each student that 760
receives a journeyman certification, as recognized by the United 761
States Department of Labor.762

       Of the foregoing appropriation item 200550, Foundation 763
Funding, up to $18,713,327 in fiscal year 2014 and up to 764
$26,213,327 in fiscal year 2015 shall be used to support school 765
choice programs.766

       Of the portion of the funds distributed to the Cleveland 767
Municipal School District under this section, up to $11,901,887 in 768
each fiscal year shall be used to operate the school choice 769
program in the Cleveland Municipal School District under sections 770
3313.974 to 3313.979 of the Revised Code. Notwithstanding 771
divisions (B) and (C) of section 3313.978 and division (C) of 772
section 3313.979 of the Revised Code, up to $1,000,000 in each 773
fiscal year of this amount shall be used by the Cleveland 774
Municipal School District to provide tutorial assistance as 775
provided in division (H) of section 3313.974 of the Revised Code. 776
The Cleveland Municipal School District shall report the use of 777
these funds in the district's three-year continuous improvement 778
plan as described in section 3302.04 of the Revised Code in a 779
manner approved by the Department of Education.780

       Of the foregoing appropriation item 200550, Foundation 781
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay 782
college-preparatory boarding schools the per pupil boarding amount 783
pursuant to section 3328.34 of the Revised Code.784

       Of the foregoing appropriation item 200550, Foundation 785
Funding, up to $500,000 in each fiscal year shall be used to 786
support Jobs for Ohio's Graduates.787

       Of the foregoing appropriation item 200550, Foundation 788
Funding, up to $250,000 in fiscal year 2015 may be used for 789
payment of the Post-Secondary Enrollment Options Program for 790
students instructed at home pursuant to section 3321.04 of the 791
Revised Code.792

       Of the foregoing appropriation item 200550, Foundation 793
Funding, up to $5,000,000 in fiscal year 2014 shall be used to 794
reimburse school districts for the full amount deducted in that 795
year under section 3310.55 of the Revised Code for Jon Peterson 796
Scholarships awarded under sections 3310.51 to 3310.64 of the 797
Revised Code to students who did not attend a public school in 798
their resident district in the previous school year. If this 799
amount is not sufficient, the Department of Education shall 800
prorate the payment amounts so that the aggregate amount 801
appropriated in this paragraph is not exceeded.802

       Of the foregoing appropriation item 200550, Foundation 803
Funding, an amount shall be available in each fiscal year to be 804
paid to joint vocational school districts in accordance with 805
division (A) of section 3317.16 of the Revised Code and the 806
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 807
"TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL 808
DISTRICTS."809

       Of the foregoing appropriation item 200550, Foundation 810
Funding, up to $700,000 in each fiscal year shall be used by the 811
Department of Education for a program to pay for educational 812
services for youth who have been assigned by a juvenile court or 813
other authorized agency to any of the facilities described in 814
division (A) of the section of Am. Sub. H.B. 59 of the 130th 815
General Assembly entitled "PRIVATE TREATMENT FACILITY PROJECT."816

       Of the foregoing appropriation item 200550, Foundation 817
Funding, up to $675,000 in fiscal year 2015 shall be used to 818
provide grants on a competitive basis to public and chartered 819
nonpublic schools for their participation in the electronic 820
textbook pilot project. These funds shall be administered as 821
provided under the section of Am. Sub. H.B. 59 of the 130th 822
General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.823

       Of the foregoing appropriation item 200550, Foundation 824
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000 825
in fiscal year 2015 shall be used for the New Leaders for Ohio 826
Schools Pilot Project in accordance with Section 733.40 of Am. 827
Sub. H.B. 59 of the 130th General Assembly.828

       Of the foregoing appropriation item 200550, Foundation 829
Funding, up to $200,900 in fiscal year 2015 shall be used by the 830
Old Fort Local School District for reimbursement of classroom 831
repairs, textbook purchases, and other associated costs attributed 832
to the transfer of Bettsville Local School District after the 833
closure of the district.834

       The remainder of appropriation item 200550, Foundation 835
Funding, shall be used to distribute the amounts calculated for 836
formula aid under section 3317.022 of the Revised Code and the 837
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 838
"TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE 839
SCHOOL DISTRICTS."840

       Appropriation items 200502, Pupil Transportation, 200540, 841
Special Education Enhancements, and 200550, Foundation Funding, 842
other than specific set-asides, are collectively used in each 843
fiscal year to pay state formula aid obligations for school 844
districts, community schools, STEM schools, college preparatory 845
boarding schools, and joint vocational school districts under Am. 846
Sub. H.B. 59 of the 130th General Assembly. The first priority of 847
these appropriation items, with the exception of specific 848
set-asides, is to fund state formula aid obligations. It may be 849
necessary to reallocate funds among these appropriation items or 850
use excess funds from other general revenue fund appropriation 851
items in the Department of Education's budget in each fiscal year, 852
in order to meet state formula aid obligations. If it is 853
determined that it is necessary to transfer funds among these 854
appropriation items or to transfer funds from other General 855
Revenue Fund appropriations in the Department of Education's 856
budget to meet state formula aid obligations, the Department of 857
Education shall seek approval from the Controlling Board to 858
transfer funds as needed.859

       The Superintendent of Public Instruction shall make payments, 860
transfers, and deductions, as authorized by Title XXXIII of the 861
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and 862
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in 863
amounts substantially equal to those made in the prior year, or 864
otherwise, at the discretion of the Superintendent, until at least 865
the effective date of the amendments and enactments made to Title 866
XXXIII by Am. Sub. H.B. 59 of the 130th General Assembly. If a new 867
school district, community school, or STEM school opens prior to 868
the effective date of Am. Sub. H.B. 59 of the 130th General 869
Assembly, the Department of Education shall pay to the district or 870
school an amount of $5,000 per pupil, based upon the estimated 871
number of students that the district or school is expected to 872
serve. Any funds paid to districts or schools under this section 873
shall be credited toward the annual funds calculated for the 874
district or school after the changes made to Title XXXIII in Am. 875
Sub. H.B. 59 of the 130th General Assembly are effective. Upon the 876
effective date of changes made to Title XXXIII in Am. Sub. H.B. 59 877
of the 130th General Assembly, funds shall be calculated as an 878
annual amount.879

       Section 4. That existing Sections 263.10 and 263.230 of Am. 880
Sub. H.B. 59 of the 130th General Assembly, as amended by Am. Sub. 881
H.B. 483 of the 130th General Assembly, are hereby repealed.882

       Section 5.  Section 3314.03 of the Revised Code is presented 883
in this act as a composite of the section as amended by Sub. H.B. 884
264, Sub. H.B. 362, Sub. H.B. 393, and Am. Sub. H.B. 487, all of 885
the 130th General Assembly.886

       Sections 3326.11 and 3328.24 of the Revised Code are 887
presented in this act as composites of the sections as amended by 888
Sub. H.B. 264, Sub. H.B. 393, and Am. Sub. H.B. 487, all of the 889
130th General Assembly. 890

        The General Assembly, applying the principle stated in 891
division (B) of section 1.52 of the Revised Code that amendments 892
are to be harmonized if reasonably capable of simultaneous 893
operation, finds that the composite is the resulting version of 894
the section in effect prior to the effective date of the section 895
as presented in this act.896