As Reported by the Senate Education Committee

130th General Assembly
Regular Session
2013-2014
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 


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 is locatedeither:25

       (a) Located within the boundaries of the pilot project school 26
district;27

       (b) Located within the boundaries of a city, local, or 28
exempted village school district adjacent to the pilot project 29
school district.30

       (2) The school indicates in writing its commitment to follow 31
all requirements for a state-sponsored scholarship program 32
specified under sections 3313.974 to 3313.979 of the Revised Code, 33
including, but not limited to, the requirements for admitting 34
students pursuant to section 3313.977 of the Revised Code;35

       (3) The school meets all state minimum standards for 36
chartered nonpublic schools in effect on July 1, 1992, except that 37
the state superintendent at the superintendent's discretion may 38
register nonchartered nonpublic schools meeting the other 39
requirements of this division;40

       (4) The school does not discriminate on the basis of race, 41
religion, or ethnic background;42

       (5) The school enrolls a minimum of ten students per class or 43
a sum of at least twenty-five students in all the classes offered;44

       (6) The school does not advocate or foster unlawful behavior 45
or teach hatred of any person or group on the basis of race, 46
ethnicity, national origin, or religion;47

       (7) The school does not provide false or misleading 48
information about the school to parents, students, or the general 49
public;50

       (8) For students in grades kindergarten through eight with 51
family incomes at or below two hundred per cent of the federal 52
poverty guidelines, as defined in section 5104.46 of the Revised 53
Code, the school agrees not to charge any tuition in excess of the 54
scholarship amount established pursuant to division (C)(1) of 55
section 3313.978 of the Revised Code, excluding any increase 56
described in division (C)(2) of that section. 57

       (9) For students in grades kindergarten through eight with 58
family incomes above two hundred per cent of the federal poverty 59
guidelines, whose scholarship amounts are less than the actual 60
tuition charge of the school, the school agrees not to charge any 61
tuition in excess of the difference between the actual tuition 62
charge of the school and the scholarship amount established 63
pursuant to division (C)(1) of section 3313.978 of the Revised 64
Code, excluding any increase described in division (C)(2) of that 65
section. The school shall permit such tuition, at the discretion 66
of the parent, to be satisfied by the family's provision of 67
in-kind contributions or services.68

       (10) The school agrees not to charge any tuition to families 69
of students in grades nine through twelve receiving a scholarship 70
in excess of the actual tuition charge of the school less the 71
scholarship amount established pursuant to division (C)(1) of 72
section 3313.978 of the Revised Code, excluding any increase 73
described in division (C)(2) of that section.74

       (11) If the school is not subject to division (K)(1)(a) of 75
section 3301.0711 of the Revised Code, it annually administers the 76
applicable assessments prescribed by section 3301.0710 or 77
3301.0712 of the Revised Code to each scholarship student enrolled 78
in the school in accordance with section 3301.0711 or 3301.0712 of 79
the Revised Code and reports to the department of education the 80
results of each such assessment administered to each scholarship 81
student.82

       (B) The state superintendent shall revoke the registration of 83
any school if, after a hearing, the superintendent determines that 84
the school is in violation of any of the provisions of division 85
(A) of this section.86

       (C) Any public school located in a school district adjacent 87
to the pilot project district may receive scholarship payments on 88
behalf of parents pursuant to section 3313.979 of the Revised Code 89
if the superintendent of the district in which such public school 90
is located notifies the state superintendent prior to the first 91
day of March that the district intends to admit students from the 92
pilot project district for the ensuing school year pursuant to 93
section 3327.06 of the Revised Code.94

       (D) Any parent wishing to purchase tutorial assistance from 95
any person or governmental entity pursuant to the pilot project 96
program under sections 3313.974 to 3313.979 of the Revised Code 97
shall apply to the state superintendent. The state superintendent 98
shall approve providers who appear to possess the capability of 99
furnishing the instructional services they are offering to 100
provide.101

       Sec. 3314.03.  A copy of every contract entered into under 102
this section shall be filed with the superintendent of public 103
instruction. The department of education shall make available on 104
its web site a copy of every approved, executed contract filed 105
with the superintendent under this section.106

       (A) Each contract entered into between a sponsor and the 107
governing authority of a community school shall specify the 108
following:109

       (1) That the school shall be established as either of the 110
following:111

       (a) A nonprofit corporation established under Chapter 1702. 112
of the Revised Code, if established prior to April 8, 2003;113

       (b) A public benefit corporation established under Chapter 114
1702. of the Revised Code, if established after April 8, 2003.115

       (2) The education program of the school, including the 116
school's mission, the characteristics of the students the school 117
is expected to attract, the ages and grades of students, and the 118
focus of the curriculum;119

       (3) The academic goals to be achieved and the method of 120
measurement that will be used to determine progress toward those 121
goals, which shall include the statewide achievement assessments;122

       (4) Performance standards by which the success of the school 123
will be evaluated by the sponsor;124

       (5) The admission standards of section 3314.06 of the Revised 125
Code and, if applicable, section 3314.061 of the Revised Code;126

       (6)(a) Dismissal procedures;127

       (b) A requirement that the governing authority adopt an 128
attendance policy that includes a procedure for automatically 129
withdrawing a student from the school if the student without a 130
legitimate excuse fails to participate in one hundred five 131
consecutive hours of the learning opportunities offered to the 132
student.133

       (7) The ways by which the school will achieve racial and 134
ethnic balance reflective of the community it serves;135

       (8) Requirements for financial audits by the auditor of 136
state. The contract shall require financial records of the school 137
to be maintained in the same manner as are financial records of 138
school districts, pursuant to rules of the auditor of state. 139
Audits shall be conducted in accordance with section 117.10 of the 140
Revised Code.141

       (9) The facilities to be used and their locations;142

       (10) Qualifications of teachers, including a requirement that 143
the school's classroom teachers be licensed in accordance with 144
sections 3319.22 to 3319.31 of the Revised Code, except that a 145
community school may engage noncertificated persons to teach up to 146
twelve hours per week pursuant to section 3319.301 of the Revised 147
Code.148

       (11) That the school will comply with the following 149
requirements:150

       (a) The school will provide learning opportunities to a 151
minimum of twenty-five students for a minimum of nine hundred 152
twenty hours per school year.153

       (b) The governing authority will purchase liability 154
insurance, or otherwise provide for the potential liability of the 155
school.156

       (c) The school will be nonsectarian in its programs, 157
admission policies, employment practices, and all other 158
operations, and will not be operated by a sectarian school or 159
religious institution.160

       (d) The school will comply with sections 9.90, 9.91, 109.65, 161
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 162
3301.0712, 3301.0715, 3301.948, 3313.472, 3313.50, 3313.536, 163
3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 164
3313.6015, 3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 165
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 166
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 167
3313.719, 3313.7112, 3313.80, 3313.814, 3313.816, 3313.817, 168
3313.86, 3313.89, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 169
3319.41, 3319.46, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 170
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 171
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 172
4123., 4141., and 4167. of the Revised Code as if it were a school 173
district and will comply with section 3301.0714 of the Revised 174
Code in the manner specified in section 3314.17 of the Revised 175
Code.176

       (e) The school shall comply with Chapter 102. and section 177
2921.42 of the Revised Code.178

       (f) The school will comply with sections 3313.61, 3313.611, 179
and 3313.614 of the Revised Code, except that for students who 180
enter ninth grade for the first time before July 1, 2010, the 181
requirement in sections 3313.61 and 3313.611 of the Revised Code 182
that a person must successfully complete the curriculum in any 183
high school prior to receiving a high school diploma may be met by 184
completing the curriculum adopted by the governing authority of 185
the community school rather than the curriculum specified in Title 186
XXXIII of the Revised Code or any rules of the state board of 187
education. Beginning with students who enter ninth grade for the 188
first time on or after July 1, 2010, the requirement in sections 189
3313.61 and 3313.611 of the Revised Code that a person must 190
successfully complete the curriculum of a high school prior to 191
receiving a high school diploma shall be met by completing the 192
requirements prescribed in division (C) of section 3313.603 of the 193
Revised Code, unless the person qualifies under division (D) or 194
(F) of that section. Each school shall comply with the plan for 195
awarding high school credit based on demonstration of subject area 196
competency, adopted by the state board of education under division 197
(J) of section 3313.603 of the Revised Code.198

       (g) The school governing authority will submit within four 199
months after the end of each school year a report of its 200
activities and progress in meeting the goals and standards of 201
divisions (A)(3) and (4) of this section and its financial status 202
to the sponsor and the parents of all students enrolled in the 203
school.204

       (h) The school, unless it is an internet- or computer-based 205
community school, will comply with section 3313.801 of the Revised 206
Code as if it were a school district.207

       (i) If the school is the recipient of moneys from a grant 208
awarded under the federal race to the top program, Division (A), 209
Title XIV, Sections 14005 and 14006 of the "American Recovery and 210
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 211
school will pay teachers based upon performance in accordance with 212
section 3317.141 and will comply with section 3319.111 of the 213
Revised Code as if it were a school district.214

       (12) Arrangements for providing health and other benefits to 215
employees;216

       (13) The length of the contract, which shall begin at the 217
beginning of an academic year. No contract shall exceed five years 218
unless such contract has been renewed pursuant to division (E) of 219
this section.220

       (14) The governing authority of the school, which shall be 221
responsible for carrying out the provisions of the contract;222

       (15) A financial plan detailing an estimated school budget 223
for each year of the period of the contract and specifying the 224
total estimated per pupil expenditure amount for each such year. 225

       (16) Requirements and procedures regarding the disposition of 226
employees of the school in the event the contract is terminated or 227
not renewed pursuant to section 3314.07 of the Revised Code;228

       (17) Whether the school is to be created by converting all or 229
part of an existing public school or educational service center 230
building or is to be a new start-up school, and if it is a 231
converted public school or service center building, specification 232
of any duties or responsibilities of an employer that the board of 233
education or service center governing board that operated the 234
school or building before conversion is delegating to the 235
governing authority of the community school with respect to all or 236
any specified group of employees provided the delegation is not 237
prohibited by a collective bargaining agreement applicable to such 238
employees;239

       (18) Provisions establishing procedures for resolving 240
disputes or differences of opinion between the sponsor and the 241
governing authority of the community school;242

       (19) A provision requiring the governing authority to adopt a 243
policy regarding the admission of students who reside outside the 244
district in which the school is located. That policy shall comply 245
with the admissions procedures specified in sections 3314.06 and 246
3314.061 of the Revised Code and, at the sole discretion of the 247
authority, shall do one of the following:248

       (a) Prohibit the enrollment of students who reside outside 249
the district in which the school is located;250

       (b) Permit the enrollment of students who reside in districts 251
adjacent to the district in which the school is located;252

       (c) Permit the enrollment of students who reside in any other 253
district in the state.254

       (20) A provision recognizing the authority of the department 255
of education to take over the sponsorship of the school in 256
accordance with the provisions of division (C) of section 3314.015 257
of the Revised Code;258

       (21) A provision recognizing the sponsor's authority to 259
assume the operation of a school under the conditions specified in 260
division (B) of section 3314.073 of the Revised Code;261

        (22) A provision recognizing both of the following:262

       (a) The authority of public health and safety officials to 263
inspect the facilities of the school and to order the facilities 264
closed if those officials find that the facilities are not in 265
compliance with health and safety laws and regulations;266

       (b) The authority of the department of education as the 267
community school oversight body to suspend the operation of the 268
school under section 3314.072 of the Revised Code if the 269
department has evidence of conditions or violations of law at the 270
school that pose an imminent danger to the health and safety of 271
the school's students and employees and the sponsor refuses to 272
take such action.273

        (23) A description of the learning opportunities that will be 274
offered to students including both classroom-based and 275
non-classroom-based learning opportunities that is in compliance 276
with criteria for student participation established by the 277
department under division (H)(2) of section 3314.08 of the Revised 278
Code;279

       (24) The school will comply with sections 3302.04 and 280
3302.041 of the Revised Code, except that any action required to 281
be taken by a school district pursuant to those sections shall be 282
taken by the sponsor of the school. However, the sponsor shall not 283
be required to take any action described in division (F) of 284
section 3302.04 of the Revised Code.285

       (25) Beginning in the 2006-2007 school year, the school will 286
open for operation not later than the thirtieth day of September 287
each school year, unless the mission of the school as specified 288
under division (A)(2) of this section is solely to serve dropouts. 289
In its initial year of operation, if the school fails to open by 290
the thirtieth day of September, or within one year after the 291
adoption of the contract pursuant to division (D) of section 292
3314.02 of the Revised Code if the mission of the school is solely 293
to serve dropouts, the contract shall be void.294

       (26) Whether the school's governing authority is planning to 295
seek designation for the school as a STEM school equivalent under 296
section 3326.032 of the Revised Code.297

       (B) The community school shall also submit to the sponsor a 298
comprehensive plan for the school. The plan shall specify the 299
following:300

       (1) The process by which the governing authority of the 301
school will be selected in the future;302

       (2) The management and administration of the school;303

       (3) If the community school is a currently existing public 304
school or educational service center building, alternative 305
arrangements for current public school students who choose not to 306
attend the converted school and for teachers who choose not to 307
teach in the school or building after conversion;308

       (4) The instructional program and educational philosophy of 309
the school;310

       (5) Internal financial controls.311

       (C) A contract entered into under section 3314.02 of the 312
Revised Code between a sponsor and the governing authority of a 313
community school may provide for the community school governing 314
authority to make payments to the sponsor, which is hereby 315
authorized to receive such payments as set forth in the contract 316
between the governing authority and the sponsor. The total amount 317
of such payments for oversight and monitoring of the school shall 318
not exceed three per cent of the total amount of payments for 319
operating expenses that the school receives from the state.320

       (D) The contract shall specify the duties of the sponsor 321
which shall be in accordance with the written agreement entered 322
into with the department of education under division (B) of 323
section 3314.015 of the Revised Code and shall include the 324
following:325

        (1) Monitor the community school's compliance with all laws 326
applicable to the school and with the terms of the contract;327

        (2) Monitor and evaluate the academic and fiscal performance 328
and the organization and operation of the community school on at 329
least an annual basis;330

        (3) Report on an annual basis the results of the evaluation 331
conducted under division (D)(2) of this section to the department 332
of education and to the parents of students enrolled in the 333
community school;334

        (4) Provide technical assistance to the community school in 335
complying with laws applicable to the school and terms of the 336
contract;337

        (5) Take steps to intervene in the school's operation to 338
correct problems in the school's overall performance, declare the 339
school to be on probationary status pursuant to section 3314.073 340
of the Revised Code, suspend the operation of the school pursuant 341
to section 3314.072 of the Revised Code, or terminate the contract 342
of the school pursuant to section 3314.07 of the Revised Code as 343
determined necessary by the sponsor;344

        (6) Have in place a plan of action to be undertaken in the 345
event the community school experiences financial difficulties or 346
closes prior to the end of a school year.347

        (E) Upon the expiration of a contract entered into under this 348
section, the sponsor of a community school may, with the approval 349
of the governing authority of the school, renew that contract for 350
a period of time determined by the sponsor, but not ending earlier 351
than the end of any school year, if the sponsor finds that the 352
school's compliance with applicable laws and terms of the contract 353
and the school's progress in meeting the academic goals prescribed 354
in the contract have been satisfactory. Any contract that is 355
renewed under this division remains subject to the provisions of 356
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.357

       (F) If a community school fails to open for operation within 358
one year after the contract entered into under this section is 359
adopted pursuant to division (D) of section 3314.02 of the Revised 360
Code or permanently closes prior to the expiration of the 361
contract, the contract shall be void and the school shall not 362
enter into a contract with any other sponsor. A school shall not 363
be considered permanently closed because the operations of the 364
school have been suspended pursuant to section 3314.072 of the 365
Revised Code.366

       Sec. 3319.46.  The state board of education shall adopt rules 367
under Chapter 119. of the Revised Code that establish a policy and 368
standards for the implementation of positive behavior intervention 369
supports and the use of physical restraint or seclusion on 370
students.371

        Each school district board of education shall comply with the 372
policy and standards adopted by the state board under this 373
section.374

       Sec. 3326.11. Each science, technology, engineering, and 375
mathematics school established under this chapter and its 376
governing body shall comply with sections 9.90, 9.91, 109.65, 377
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 378
3301.0714, 3301.0715, 3301.948, 3313.14, 3313.15, 3313.16, 379
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 380
3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 381
3313.6014, 3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 382
3313.615, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 383
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 384
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 385
3313.7112, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 386
3313.86, 3313.89, 3313.96, 3319.073, 3319.21, 3319.32, 3319.321, 387
3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3319.46, 3321.01, 388
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 389
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117., 390
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 391
4167. of the Revised Code as if it were a school district.392

       Sec. 3328.24. A college-preparatory boarding school 393
established under this chapter and its board of trustees shall 394
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 395
3301.0714, 3301.948, 3313.536, 3313.6013, 3313.6411, 3313.7112, 396
3313.89, 3319.39, and 3319.391, and 3319.46 and Chapter 3365. of 397
the Revised Code as if the school were a school district and the 398
school's board of trustees were a district board of education.399

       Sec. 3737.73.  (A) No principal or person in charge of a 400
public or private school or educational institution having an 401
average daily attendance of twenty or more pupils, and no person 402
in charge of any children's home or orphanage housing twenty or 403
more minor persons, shall willfully neglect to instruct and train 404
such children by means of drills or rapid dismissals, so that such 405
children in a sudden emergency may leave the building in the 406
shortest possible time without confusion. TheExcept as provided 407
for in division (F) of this section, the principal or person in 408
charge of a school or educational institution shall conduct drills 409
or rapid dismissals at least ninesix times during the school 410
year, pursuant to division (E) of this section, which shall be at 411
the times and frequency prescribed in rules adopted by the fire 412
marshal. However, no drill or rapid dismissal under this division 413
need be conducted in any month that a school safety drill required 414
under division (D) of this section is conducted as long as a total 415
of nine drills or rapid dismissals under this division are 416
conducted in the school year. The principal or person in charge of 417
a children's home or orphanage shall conduct drills or rapid 418
dismissals at least once each month while the home is in 419
operation. In the case of schools, no principal or person in 420
charge of a school shall willfully neglect to keep the doors and 421
exits of such building unlocked during school hours. The fire 422
marshal may order the immediate installation of necessary fire 423
gongs or signals in such schools, institutions, or children's 424
homes and enforce this division and divisions (B) and, (C)(3), and 425
(F) of this section.426

       (B) In conjunction with the drills or rapid dismissals 427
required by division (A) or (F) of this section, whichever is 428
applicable, principals or persons in charge of public or private 429
primary and secondary schools, or educational institutions, shall 430
instruct pupils in safety precautions to be taken in case of a 431
tornado alert or warning. Such principals or persons in charge of 432
such schools or institutions shall designate, in accordance with 433
standards prescribed by the fire marshal, appropriate locations to 434
be used to shelter pupils in case of a tornado, tornado alert, or 435
warning.436

       (C)(1) The fire marshal or the fire marshal's designee shall 437
annually inspect each school, institution, home, or orphanage 438
subject to division (A) or (F) of this section to determine 439
compliance with thatthe applicable division, and each school or 440
institution subject to division (B) of this section to ascertain 441
whether the locations comply with the standards prescribed under 442
that division. Nothing in this section shall require a school or 443
institution to construct or improve a facility or location for use 444
as a shelter area.445

       (2) The fire marshal or the fire marshal's designee shall 446
issue a warning to any person found in violation of division (A) 447
or, (B), or (F) of this section. The warning shall indicate the 448
specific violation and a date by which such violation shall be 449
corrected. 450

       (3) No person shall fail to correct violations by the date 451
indicated on a warning issued under division (C)(2) of this 452
section.453

       (D)(1) On or before April 1, 2007, and on or before each 454
first day of December thereafter, the(a) The principal or person 455
in charge of each public or private school or educational 456
institution shall conduct a school safety drilldrills at least 457
three times during the school year, pursuant to division (E) of 458
this section, to provide pupils with instruction in the procedures 459
to follow in situations where pupils must be secured in the school 460
building, such asor rapidly evacuated in response to a threat to 461
the school involving an act of terrorism; a person possessing a 462
deadly weapon or dangerous ordnance, as defined in section 2923.11 463
of the Revised Code, on school property; or other act of violence.464
At least one safety drill shall include a scenario where pupils 465
must be secured in the school building rather than rapidly 466
evacuated.467

       Each safety drill shall be conducted in conjunction with the 468
police chief or other similar chief law enforcement officer, or 469
designee, of the municipal corporation, township, or township or 470
joint police district in which the school or institution is 471
located, or, in absence of any such person, the county sheriff of 472
the county, or designee, in which the school or institution is 473
located.474

       (b) In addition to the three safety drills described in 475
division (D)(1)(a) of this section, the principal or person in 476
charge shall conduct a theoretical school safety drill at least 477
once during the school year to provide all faculty and staff 478
employed by the school or institution with instruction in the 479
procedures to follow in such situations. The theoretical drill 480
does not need to include student participation and may be 481
conducted at the annual training session required by division 482
(D)(3) of this section.483

       (c) All safety drills required under division (D) of this 484
section shall be conducted pursuant to the district's or school's 485
emergency management plan adopted under section 3313.536 of the 486
Revised Code.487

       (2)(a) The principal or person in charge of each public or 488
private school or educational institution shall provide to the 489
police chief or other similar chief law enforcement officer of the 490
municipal corporation, township, or township or joint police 491
district in which the school or institution is located, or, in 492
absence of any such person, the county sheriff of the county in 493
which the school or institution is located advance written notice 494
of each school safety drill required under division (D)(1) of this 495
section and shall keep a written record of the date and time of 496
each drill conducted. The advance notice shall be provided not 497
later than seventy-two hours prior to the date the drill will be 498
conducted and shall include the date and time the drill will be 499
conducted and the address of the school or educational 500
institution. The notice shall be provided by mail, facsimile, or 501
electronic submission.502

       (b) Not later than April 5, 2007, and not later than the 503
fifth day of December each year thereafter, the principal or 504
person in charge of each public or private school or educational 505
institution shall provide written certification by mail, 506
facsimile, or electronic submission of the date and time each 507
school safety drill required under division (D)(1) of this section 508
was conducted during the previous school year, as well as the date 509
and time each drill will be conducted during the current school 510
year, to the police chief or other similar chief law enforcement 511
officer of the municipal corporation, township, or township or 512
joint police district in which the school or institution is 513
located, or, in the absence of any such person, the county sheriff 514
of the county in which the school or institution is located. If 515
such certification is not provided, the principal or person in 516
charge of the school or institution shall be considered to have 517
failed to conduct the drillmeet this requirement and shall be 518
subject to division (D)(4) of this section.519

       (3) The principal or person in charge of each public or 520
private school or educational institution shall hold annual 521
training sessions for employees of the school or institution 522
regarding the conduct of school safety drills.523

       (4) The police chief or other similar chief law enforcement 524
officer of a municipal corporation, township, or township or joint 525
police district, or, in the absence of any such person, the county 526
sheriff shall issue a warning to any person found in violation of 527
division (D)(1) of this section. Each warning issued for a 528
violation of division (D)(1) of this section shall require the 529
principal or person in charge of the school or institution to 530
correct the violation by conducting thea school safety drill not 531
later than the thirtieth day after the date the warning is issued. 532
The violation shall not be considered corrected unless, not later 533
than forty days after the date the warning is issued, the 534
principal or person in charge of the school or institution 535
provides written certification of the date and time thethis drill 536
was conducted, as well as the date and time each remaining drill 537
will be conducted during the current school year, to the police 538
chief or other similar chief law enforcement officer or county 539
sheriff who issued the warning.540

       (5) No person shall fail to correct violations by the date 541
indicated on a warning issued under division (D)(4) of this 542
section.543

       (E) The principal or person in charge of each public or 544
private school or educational institution shall conduct at least 545
one drill or rapid dismissal required under division (A) or (F) of 546
this section, whichever is applicable, or one school safety drill 547
required under division (D) of this section during each month of 548
the school year. However, the principal or person in charge may 549
determine the exact date and time that each drill will be 550
conducted. A drill or rapid dismissal under division (A) or (F) of 551
this section may be conducted during the same month as a school 552
safety drill under division (D) of this section.553

       (F) If a public or private school or educational institution 554
does not currently have smoke detectors, as defined in section 555
3781.104 of the Revised Code, or a sprinkler system in all 556
classroom buildings of the school, the principal or person in 557
charge of the school or educational institution shall conduct 558
drills or rapid dismissals at least nine times during the school 559
year, pursuant to division (E) of this section, which shall be at 560
the times and frequency prescribed in rules adopted by the fire 561
marshal. At the discretion of the principal or person in charge of 562
the school or institution, drills conducted under this division 563
may be combined with drills conducted under division (D) of this 564
section, so long as at least one drill conducted under that 565
division provides pupils with instruction in the procedures to 566
follow in situations where pupils must be secured in the school 567
building rather than rapidly evacuated.568

       Section 2. That existing sections 3313.976, 3314.03, 3326.11, 569
3328.24, and 3737.73 of the Revised Code are hereby repealed.570

       Section 3. That Sections 263.10 and 263.230 of Am. Sub. H.B. 571
59 of the 130th General Assembly, as amended by Am. Sub. H.B. 483 572
of the 130th General Assembly, be amended to read as follows:573

       Sec. 263.10. EDU DEPARTMENT OF EDUCATION574

General Revenue Fund575

GRF 200321 Operating Expenses $ 13,142,780 $ 13,142,780 576
GRF 200408 Early Childhood Education $ 33,318,341 $ 45,318,341 577
GRF 200420 Information Technology Development and Support $ 4,241,296 $ 4,241,296 578
GRF 200421 Alternative Education Programs $ 7,403,998 $ 12,403,998 579
GRF 200422 School Management Assistance $ 3,000,000 $ 3,000,000 580
GRF 200424 Policy Analysis $ 328,558 $ 328,558 581
GRF 200425 Tech Prep Consortia Support $ 260,542 $ 260,542 582
GRF 200426 Ohio Educational Computer Network $ 29,625,569 $ 19,625,569 583
GRF 200427 Academic Standards $ 3,800,000 $ 3,800,000 584
GRF 200437 Student Assessment $ 55,895,000 $ 75,895,000 585
GRF 200439 Accountability/Report Cards $ 3,500,000 $ 3,750,000 586
GRF 200442 Child Care Licensing $ 827,140 $ 827,140 587
GRF 200446 Education Management Information System $ 6,833,070 $ 6,833,070 588
GRF 200447 GED Testing $ 879,551 $ 879,551 589
GRF 200448 Educator Preparation $ 1,136,737 $ 1,564,237 590
GRF 200455 Community Schools and Choice Programs $ 2,438,685 $ 2,491,395 591
GRF 200464 General Technology Operations $ 192,097 $ 192,097 592
GRF 200465 Technology Integration and Professional Development $ 1,778,879 $ 1,778,879 593
GRF 200502 Pupil Transportation $ 505,013,527 $ 521,013,527 594
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000 595
GRF 200511 Auxiliary Services $ 130,499,457 $ 138,214,374 596
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 58,951,750 $ 62,436,882 597
GRF 200540 Special Education Enhancements $ 156,871,292 $ 157,871,292 598
GRF 200545 Career-Technical Education Enhancements $ 9,372,999 $ 9,372,999 599
GRF 200550 Foundation Funding $ 5,808,098,389 $ 6,151,463,768 6,151,664,668 600
GRF 200566 Literacy Improvement $ 150,000 $ 150,000 601
GRF 200901 Property Tax Allocation - Education $ 1,126,800,000 $ 1,146,402,000 602
TOTAL GRF General Revenue Fund $ 7,973,459,657 $ 8,392,357,295 8,392,558,195 603

General Services Fund Group604

1380 200606 Information Technology Development and Support $ 6,850,090 $ 6,850,090 605
4520 200638 Fees and Refunds $ 500,000 $ 500,000 606
4L20 200681 Teacher Certification and Licensure $ 8,313,762 $ 13,658,274 607
5960 200656 Ohio Career Information System $ 529,761 $ 529,761 608
5H30 200687 School District Solvency Assistance $ 25,000,000 $ 25,000,000 609
5JC0 200654 Adult Career Opportunity Pilot Program $ 0 $ 2,500,000 610
5KX0 200691 Ohio School Sponsorship Program $ 487,419 $ 487,419 611
5KY0 200693 Community Schools Temporary Sponsorship $ 83,000 $ 83,000 612
TOTAL GSF General Services 613
Fund Group $ 41,764,032 $ 49,608,544 614

Federal Special Revenue Fund Group615

3090 200601 Neglected and Delinquent Education $ 2,168,642 $ 2,168,642 616
3670 200607 School Food Services $ 8,200,664 $ 8,700,149 617
3700 200624 Education of Exceptional Children $ 1,530,000 $ 1,530,000 618
3AF0 200603 Schools Medicaid Administrative Claims $ 750,000 $ 750,000 619
3AN0 200671 School Improvement Grants $ 20,400,000 $ 20,400,000 620
3BK0 200628 Longitudinal Data Systems $ 1,250,000 $ 0 621
3C50 200661 Early Childhood Education $ 14,554,749 $ 14,554,749 622
3CG0 200646 Teacher Incentive $ 15,125,588 $ 15,183,285 623
3D20 200667 Math Science Partnerships $ 6,000,000 $ 6,000,000 624
3EC0 200653 Teacher Incentive - Federal Stimulus $ 1,300,000 $ 0 625
3EH0 200620 Migrant Education $ 2,900,000 $ 2,900,000 626
3EJ0 200622 Homeless Children Education $ 2,600,000 $ 2,600,000 627
3EK0 200637 Advanced Placement $ 450,000 $ 450,000 628
3EN0 200655 State Data Systems - Federal Stimulus $ 1,250,000 $ 0 629
3FD0 200665 Race to the Top $ 136,000,000 $ 58,074,046 630
3FN0 200672 Early Learning Challenge - Race to the Top $ 7,040,000 $ 7,040,000 631
3GE0 200674 Summer Food Service Program $ 13,596,000 $ 14,003,800 632
3GF0 200675 Miscellaneous Nutrition Grants $ 700,000 $ 700,000 633
3GG0 200676 Fresh Fruit and Vegetable Program $ 4,738,000 $ 4,880,140 634
3H90 200605 Head Start Collaboration Project $ 225,000 $ 225,000 635
3L60 200617 Federal School Lunch $ 350,608,075 $ 361,126,273 636
3L70 200618 Federal School Breakfast $ 108,480,590 $ 112,819,813 637
3L80 200619 Child/Adult Food Programs $ 106,992,650 $ 110,202,428 638
3L90 200621 Career-Technical Education Basic Grant $ 44,663,900 $ 44,663,900 639
3M00 200623 ESEA Title 1A $ 560,000,000 $ 560,000,000 640
3M20 200680 Individuals with Disabilities Education Act $ 443,170,050 $ 443,170,050 641
3T40 200613 Public Charter Schools $ 500,000 $ 0 642
3Y20 200688 21st Century Community Learning Centers $ 48,201,810 $ 50,611,900 643
3Y60 200635 Improving Teacher Quality $ 101,900,000 $ 101,900,000 644
3Y70 200689 English Language Acquisition $ 9,700,000 $ 9,700,000 645
3Y80 200639 Rural and Low Income Technical Assistance $ 3,300,000 $ 3,300,000 646
3Z20 200690 State Assessments $ 11,800,000 $ 11,800,000 647
3Z30 200645 Consolidated Federal Grant Administration $ 7,949,280 $ 7,949,280 648
TOTAL FED Federal Special 649
Revenue Fund Group $ 2,038,044,998 $ 1,977,403,455 650

State Special Revenue Fund Group651

4540 200610 GED Testing $ 1,050,000 $ 250,000 652
4550 200608 Commodity Foods $ 24,000,000 $ 24,000,000 653
4R70 200695 Indirect Operational Support $ 6,600,000 $ 6,600,000 654
4V70 200633 Interagency Program Support $ 717,725 $ 717,725 655
5980 200659 Auxiliary Services Reimbursement $ 1,328,910 $ 1,328,910 656
5BJ0 200626 Half-Mill Maintenance Equalization $ 19,000,000 $ 20,000,000 657
5MM0 200677 Child Nutrition Refunds $ 500,000 $ 500,000 658
5T30 200668 Gates Foundation Grants $ 200,000 $ 153,000 659
5U20 200685 National Education Statistics $ 300,000 $ 300,000 660
6200 200615 Educational Improvement Grants $ 300,000 $ 300,000 661
TOTAL SSR State Special Revenue 662
Fund Group $ 53,996,635 $ 54,149,635 663

Lottery Profits Education Fund Group664

7017 200612 Foundation Funding $ 775,500,000 $ 857,700,000 665
7017 200629 Career Advising and Mentoring $ 0 $ 10,000,000 666
7017 200648 Straight A Fund $ 100,000,000 $ 150,000,000 667
7017 200666 EdChoice Expansion $ 3,800,000 $ 17,000,000 668
7017 200684 Community School Facilities $ 7,500,000 $ 7,500,000 669
TOTAL LPE Lottery Profits 670
Education Fund Group $ 886,800,000 $ 1,042,200,000 671

Revenue Distribution Fund Group672

7047 200909 School District Property Tax Replacement-Business $ 482,000,000 $ 482,000,000 673
7053 200900 School District Property Tax Replacement-Utility $ 28,000,000 $ 28,000,000 674
TOTAL RDF Revenue Distribution 675
Fund Group $ 510,000,000 $ 510,000,000 676
TOTAL ALL BUDGET FUND GROUPS $ 11,504,065,322 $ 12,025,718,929 12,025,919,829 677


       Sec. 263.230. FOUNDATION FUNDING679

       Of the foregoing appropriation item 200550, Foundation 680
Funding, up to $675,000 in fiscal year 2014 shall be used to 681
support the work of the College of Education and Human Ecology at 682
the Ohio State University in reviewing and assessing the alignment 683
of courses offered through the distance learning clearinghouse 684
established in sections 3333.81 to 3333.88 of the Revised Code 685
with the academic content standards adopted under division (A) of 686
section 3301.079 of the Revised Code.687

       Of the foregoing appropriation item 200550, Foundation 688
Funding, up to $40,000,000 in each fiscal year shall be used to 689
provide additional state aid to school districts, joint vocational 690
school districts, community schools, and STEM schools for special 691
education students under division (C)(3) of section 3314.08, 692
section 3317.0214, division (B) of section 3317.16, and section 693
3326.34 of the Revised Code, except that the Controlling Board may 694
increase these amounts if presented with such a request from the 695
Department of Education at the final meeting of the fiscal year.696

        Of the foregoing appropriation item 200550, Foundation 697
Funding, up to $2,000,000 in each fiscal year shall be reserved 698
for Youth Services tuition payments under section 3317.024 of the 699
Revised Code.700

       Of the foregoing appropriation item 200550, Foundation 701
Funding, up to $3,800,000 in each fiscal year shall be used to 702
fund gifted education at educational service centers. The 703
Department shall distribute the funding through the unit-based 704
funding methodology in place under division (L) of section 705
3317.024, division (E) of section 3317.05, and divisions (A), (B), 706
and (C) of section 3317.053 of the Revised Code as they existed 707
prior to fiscal year 2010.708

       Of the foregoing appropriation item 200550, Foundation 709
Funding, up to $43,500,000 in fiscal year 2014 and up to 710
$40,000,000 in fiscal year 2015 shall be reserved to fund the 711
state reimbursement of educational service centers under the 712
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 713
"EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,500,000 in 714
each fiscal year shall be distributed to educational service 715
centers for School Improvement Initiatives and, in consultation 716
with the Governor's Director of 21st Century Education, for the 717
provision of technical assistance as required by the Elementary 718
and Secondary Education Act Flexibility waivers approved for Ohio 719
by the United States Department of Education. Educational service 720
centers shall be required to support districts in the development 721
and implementation of their continuous improvement plans as 722
required in section 3302.04 of the Revised Code and to provide 723
technical assistance and support in accordance with Title I of the 724
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 725
6317, as administered pursuant to the Elementary and Secondary 726
Education Act Flexibility waivers approved for Ohio by the United 727
States Department of Education. 728

       Of the foregoing appropriation item 200550, Foundation 729
Funding, up to $20,000,000 in each fiscal year shall be reserved 730
for payments under sections 3317.026, 3317.027, and 3317.028 of 731
the Revised Code. If this amount is not sufficient, the Department 732
of Education shall prorate the payment amounts so that the 733
aggregate amount allocated in this paragraph is not exceeded.734

       Of the foregoing appropriation item 200550, Foundation 735
Funding, up to $2,000,000 in each fiscal year shall be used to pay 736
career-technical planning districts for the amounts reimbursed to 737
students, as prescribed in this paragraph. Each career-technical 738
planning district shall reimburse individuals taking the online 739
General Educational Development (GED) test for the first time for 740
application/test fees in excess of $40. Each career-technical 741
planning district shall designate a site or sites where 742
individuals may register and take the exam. For each individual 743
that registers for the exam, the career-technical planning 744
district shall make available and offer career counseling 745
services, including information on adult education programs that 746
are available. Any remaining funds in each fiscal year shall be 747
reimbursed to the Department of Youth Services and the Department 748
of Rehabilitation and Correction for individuals in these 749
facilities who have taken the GED for the first time. The amounts 750
reimbursed shall not exceed the per-individual amounts reimbursed 751
to other individuals under this section for each section of the 752
GED.753

       Of the foregoing appropriation item 200550, Foundation 754
Funding, up to $410,000 in each fiscal year shall be used to pay 755
career-technical planning districts $500 for each student that 756
receives a journeyman certification, as recognized by the United 757
States Department of Labor.758

       Of the foregoing appropriation item 200550, Foundation 759
Funding, up to $18,713,327 in fiscal year 2014 and up to 760
$26,213,327 in fiscal year 2015 shall be used to support school 761
choice programs.762

       Of the portion of the funds distributed to the Cleveland 763
Municipal School District under this section, up to $11,901,887 in 764
each fiscal year shall be used to operate the school choice 765
program in the Cleveland Municipal School District under sections 766
3313.974 to 3313.979 of the Revised Code. Notwithstanding 767
divisions (B) and (C) of section 3313.978 and division (C) of 768
section 3313.979 of the Revised Code, up to $1,000,000 in each 769
fiscal year of this amount shall be used by the Cleveland 770
Municipal School District to provide tutorial assistance as 771
provided in division (H) of section 3313.974 of the Revised Code. 772
The Cleveland Municipal School District shall report the use of 773
these funds in the district's three-year continuous improvement 774
plan as described in section 3302.04 of the Revised Code in a 775
manner approved by the Department of Education.776

       Of the foregoing appropriation item 200550, Foundation 777
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay 778
college-preparatory boarding schools the per pupil boarding amount 779
pursuant to section 3328.34 of the Revised Code.780

       Of the foregoing appropriation item 200550, Foundation 781
Funding, up to $500,000 in each fiscal year shall be used to 782
support Jobs for Ohio's Graduates.783

       Of the foregoing appropriation item 200550, Foundation 784
Funding, up to $250,000 in fiscal year 2015 may be used for 785
payment of the Post-Secondary Enrollment Options Program for 786
students instructed at home pursuant to section 3321.04 of the 787
Revised Code.788

       Of the foregoing appropriation item 200550, Foundation 789
Funding, up to $5,000,000 in fiscal year 2014 shall be used to 790
reimburse school districts for the full amount deducted in that 791
year under section 3310.55 of the Revised Code for Jon Peterson 792
Scholarships awarded under sections 3310.51 to 3310.64 of the 793
Revised Code to students who did not attend a public school in 794
their resident district in the previous school year. If this 795
amount is not sufficient, the Department of Education shall 796
prorate the payment amounts so that the aggregate amount 797
appropriated in this paragraph is not exceeded.798

       Of the foregoing appropriation item 200550, Foundation 799
Funding, an amount shall be available in each fiscal year to be 800
paid to joint vocational school districts in accordance with 801
division (A) of section 3317.16 of the Revised Code and the 802
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 803
"TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL 804
DISTRICTS."805

       Of the foregoing appropriation item 200550, Foundation 806
Funding, up to $700,000 in each fiscal year shall be used by the 807
Department of Education for a program to pay for educational 808
services for youth who have been assigned by a juvenile court or 809
other authorized agency to any of the facilities described in 810
division (A) of the section of Am. Sub. H.B. 59 of the 130th 811
General Assembly entitled "PRIVATE TREATMENT FACILITY PROJECT."812

       Of the foregoing appropriation item 200550, Foundation 813
Funding, up to $675,000 in fiscal year 2015 shall be used to 814
provide grants on a competitive basis to public and chartered 815
nonpublic schools for their participation in the electronic 816
textbook pilot project. These funds shall be administered as 817
provided under the section of Am. Sub. H.B. 59 of the 130th 818
General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.819

       Of the foregoing appropriation item 200550, Foundation 820
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000 821
in fiscal year 2015 shall be used for the New Leaders for Ohio 822
Schools Pilot Project in accordance with Section 733.40 of Am. 823
Sub. H.B. 59 of the 130th General Assembly.824

       Of the foregoing appropriation item 200550, Foundation 825
Funding, up to $200,900 in fiscal year 2015 shall be used by the 826
Old Fort Local School District for reimbursement of classroom 827
repairs, textbook purchases, and other associated costs attributed 828
to the transfer of Bettsville Local School District after the 829
closure of the district.830

       The remainder of appropriation item 200550, Foundation 831
Funding, shall be used to distribute the amounts calculated for 832
formula aid under section 3317.022 of the Revised Code and the 833
section of Am. Sub. H.B. 59 of the 130th General Assembly entitled 834
"TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE 835
SCHOOL DISTRICTS."836

       Appropriation items 200502, Pupil Transportation, 200540, 837
Special Education Enhancements, and 200550, Foundation Funding, 838
other than specific set-asides, are collectively used in each 839
fiscal year to pay state formula aid obligations for school 840
districts, community schools, STEM schools, college preparatory 841
boarding schools, and joint vocational school districts under Am. 842
Sub. H.B. 59 of the 130th General Assembly. The first priority of 843
these appropriation items, with the exception of specific 844
set-asides, is to fund state formula aid obligations. It may be 845
necessary to reallocate funds among these appropriation items or 846
use excess funds from other general revenue fund appropriation 847
items in the Department of Education's budget in each fiscal year, 848
in order to meet state formula aid obligations. If it is 849
determined that it is necessary to transfer funds among these 850
appropriation items or to transfer funds from other General 851
Revenue Fund appropriations in the Department of Education's 852
budget to meet state formula aid obligations, the Department of 853
Education shall seek approval from the Controlling Board to 854
transfer funds as needed.855

       The Superintendent of Public Instruction shall make payments, 856
transfers, and deductions, as authorized by Title XXXIII of the 857
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and 858
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in 859
amounts substantially equal to those made in the prior year, or 860
otherwise, at the discretion of the Superintendent, until at least 861
the effective date of the amendments and enactments made to Title 862
XXXIII by Am. Sub. H.B. 59 of the 130th General Assembly. If a new 863
school district, community school, or STEM school opens prior to 864
the effective date of Am. Sub. H.B. 59 of the 130th General 865
Assembly, the Department of Education shall pay to the district or 866
school an amount of $5,000 per pupil, based upon the estimated 867
number of students that the district or school is expected to 868
serve. Any funds paid to districts or schools under this section 869
shall be credited toward the annual funds calculated for the 870
district or school after the changes made to Title XXXIII in Am. 871
Sub. H.B. 59 of the 130th General Assembly are effective. Upon the 872
effective date of changes made to Title XXXIII in Am. Sub. H.B. 59 873
of the 130th General Assembly, funds shall be calculated as an 874
annual amount.875

       Section 4. That existing Sections 263.10 and 263.230 of Am. 876
Sub. H.B. 59 of the 130th General Assembly, as amended by Am. Sub. 877
H.B. 483 of the 130th General Assembly, are hereby repealed.878

       Section 5.  Section 3314.03 of the Revised Code is presented 879
in this act as a composite of the section as amended by Sub. H.B. 880
264, Sub. H.B. 362, Sub. H.B. 393, and Am. Sub. H.B. 487, all of 881
the 130th General Assembly.882

       Sections 3326.11 and 3328.24 of the Revised Code are 883
presented in this act as composites of the sections as amended by 884
Sub. H.B. 264, Sub. H.B. 393, and Am. Sub. H.B. 487, all of the 885
130th General Assembly. 886

        The General Assembly, applying the principle stated in 887
division (B) of section 1.52 of the Revised Code that amendments 888
are to be harmonized if reasonably capable of simultaneous 889
operation, finds that the composite is the resulting version of 890
the section in effect prior to the effective date of the section 891
as presented in this act.892