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| To amend section 3313.617 of the Revised Code, to | 1 |
| amend the versions of sections 3317.01 and | 2 |
| 3317.022 that are scheduled to take effect July 1, | 3 |
| 2014, and to amend section 3314.08 and to enact | 4 |
| sections 3314.362, 3314.38, 3317.036, and 3317.24 | 5 |
| of the Revised Code on July 1, 2014, regarding | 6 |
| educational programs for certain students and | 7 |
| individuals who have not received a high school | 8 |
| diploma. | 9 |
| Section 1. That section 3313.617 of the Revised Code be | 10 |
| amended to read as follows: | 11 |
| Sec. 3313.617. (A) A person who meets all of the following | 12 |
| criteria shall be permitted to take the tests of general | 13 |
| educational development: | 14 |
| (1) The person is at least eighteen years of age; | 15 |
| (2) The person is officially withdrawn from school; | 16 |
| (3) The person has not received a high school diploma or | 17 |
| honors diploma awarded under section 3313.61, 3313.611, 3313.612, | 18 |
| or 3325.08 of the Revised Code. | 19 |
| (B) When a person who is at least sixteen years of age but | 20 |
|
less than | 21 |
| of education to take the tests of general educational development, | 22 |
| the person shall submit with the application written approval from | 23 |
|
the | 24 |
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| 33 |
| | 34 |
| the school district and building report cards under section | 35 |
| 3302.03 of the Revised Code, the department shall count any person | 36 |
|
for whom approval is obtained from the | 37 |
| 38 | |
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official under division | 39 |
| the district or school in which the person was last enrolled prior | 40 |
| to obtaining the approval. | 41 |
| Section 2. That existing section 3313.617 of the Revised Code | 42 |
| is hereby repealed. | 43 |
| Section 3. That the versions of sections 3317.01 and 3317.022 | 44 |
| that are scheduled to take effect July 1, 2014, and section | 45 |
| 3314.08 be amended and sections 3314.362, 3314.38, 3317.036, and | 46 |
| 3317.24 of the Revised Code be enacted to read as follows: | 47 |
| Sec. 3314.08. (A) As used in this section: | 48 |
| (1)(a) "Category one career-technical education student" | 49 |
| means a student who is receiving the career-technical education | 50 |
| services described in division (A) of section 3317.014 of the | 51 |
| Revised Code. | 52 |
| (b) "Category two career-technical student" means a student | 53 |
| who is receiving the career-technical education services described | 54 |
| in division (B) of section 3317.014 of the Revised Code. | 55 |
| (c) "Category three career-technical student" means a student | 56 |
| who is receiving the career-technical education services described | 57 |
| in division (C) of section 3317.014 of the Revised Code. | 58 |
| (d) "Category four career-technical student" means a student | 59 |
| who is receiving the career-technical education services described | 60 |
| in division (D) of section 3317.014 of the Revised Code. | 61 |
| (e) "Category five career-technical education student" means | 62 |
| a student who is receiving the career-technical education services | 63 |
| described in division (E) of section 3317.014 of the Revised Code. | 64 |
| (2)(a) "Category one limited English proficient student" | 65 |
| means a limited English proficient student described in division | 66 |
| (A) of section 3317.016 of the Revised Code. | 67 |
| (b) "Category two limited English proficient student" means a | 68 |
| limited English proficient student described in division (B) of | 69 |
| section 3317.016 of the Revised Code. | 70 |
| (c) "Category three limited English proficient student" means | 71 |
| a limited English proficient student described in division (C) of | 72 |
| section 3317.016 of the Revised Code. | 73 |
| (3)(a) "Category one special education student" means a | 74 |
| student who is receiving special education services for a | 75 |
| disability specified in division (A) of section 3317.013 of the | 76 |
| Revised Code. | 77 |
| (b) "Category two special education student" means a student | 78 |
| who is receiving special education services for a disability | 79 |
| specified in division (B) of section 3317.013 of the Revised Code. | 80 |
| (c) "Category three special education student" means a | 81 |
| student who is receiving special education services for a | 82 |
| disability specified in division (C) of section 3317.013 of the | 83 |
| Revised Code. | 84 |
| (d) "Category four special education student" means a student | 85 |
| who is receiving special education services for a disability | 86 |
| specified in division (D) of section 3317.013 of the Revised Code. | 87 |
| (e) "Category five special education student" means a student | 88 |
| who is receiving special education services for a disability | 89 |
| specified in division (E) of section 3317.013 of the Revised Code. | 90 |
| (f) "Category six special education student" means a student | 91 |
| who is receiving special education services for a disability | 92 |
| specified in division (F) of section 3317.013 of the Revised Code. | 93 |
| (4) "Formula amount" has the same meaning as in section | 94 |
| 3317.02 of the Revised Code. | 95 |
| (5) "IEP" has the same meaning as in section 3323.01 of the | 96 |
| Revised Code. | 97 |
| (6) "Resident district" means the school district in which a | 98 |
| student is entitled to attend school under section 3313.64 or | 99 |
| 3313.65 of the Revised Code. | 100 |
| (7) "State education aid" has the same meaning as in section | 101 |
| 5751.20 of the Revised Code. | 102 |
| (B) The state board of education shall adopt rules requiring | 103 |
| both of the following: | 104 |
| (1) The board of education of each city, exempted village, | 105 |
| and local school district to annually report the number of | 106 |
| students entitled to attend school in the district who are | 107 |
| enrolled in each grade kindergarten through twelve in a community | 108 |
| school established under this chapter, and for each child, the | 109 |
| community school in which the child is enrolled. | 110 |
| (2) The governing authority of each community school | 111 |
| established under this chapter to annually report all of the | 112 |
| following: | 113 |
| (a) The number of students enrolled in grades one through | 114 |
| twelve and the full-time equivalent number of students enrolled in | 115 |
| kindergarten in the school who are not receiving special education | 116 |
| and related services pursuant to an IEP; | 117 |
| (b) The number of enrolled students in grades one through | 118 |
| twelve and the full-time equivalent number of enrolled students in | 119 |
| kindergarten, who are receiving special education and related | 120 |
| services pursuant to an IEP; | 121 |
| (c) The number of students reported under division (B)(2)(b) | 122 |
| of this section receiving special education and related services | 123 |
| pursuant to an IEP for a disability described in each of divisions | 124 |
| (A) to (F) of section 3317.013 of the Revised Code; | 125 |
| (d) The full-time equivalent number of students reported | 126 |
| under divisions (B)(2)(a) and (b) of this section who are enrolled | 127 |
| in career-technical education programs or classes described in | 128 |
| each of divisions (A) to (E) of section 3317.014 of the Revised | 129 |
| Code that are provided by the community school; | 130 |
| (e) Twenty per cent of the number of students reported under | 131 |
| divisions (B)(2)(a) and (b) of this section who are not reported | 132 |
| under division (B)(2)(d) of this section but who are enrolled in | 133 |
| career-technical education programs or classes described in each | 134 |
| of divisions (A) to (E) of section 3317.014 of the Revised Code at | 135 |
| a joint vocational school district or another district in the | 136 |
| career-technical planning district to which the school is | 137 |
| assigned; | 138 |
| (f) The number of students reported under divisions (B)(2)(a) | 139 |
| and (b) of this section who are category one to three limited | 140 |
| English proficient students described in each of divisions (A) to | 141 |
| (C) of section 3317.016 of the Revised Code; | 142 |
| (g) The number of students reported under divisions (B)(2)(a) | 143 |
| and (b) who are economically disadvantaged, as defined by the | 144 |
| department. A student shall not be categorically excluded from the | 145 |
| number reported under division (B)(2)(g) of this section based on | 146 |
| anything other than family income. | 147 |
| (h) For each student, the city, exempted village, or local | 148 |
| school district in which the student is entitled to attend school | 149 |
| under section 3313.64 or 3313.65 of the Revised Code; | 150 |
| (i) If the school offers a dropout prevention and recovery | 151 |
| program, the number of individuals enrolled in the program under | 152 |
| division (A) of section 3314.38 of the Revised Code, if any, and | 153 |
| the school district in which each individual resides. | 154 |
| A school district board and a community school governing | 155 |
| authority shall include in their respective reports under division | 156 |
| (B) of this section any child admitted in accordance with division | 157 |
| (A)(2) of section 3321.01 of the Revised Code. | 158 |
| A governing authority of a community school shall not include | 159 |
| in its report under division (B)(2) of this section any student | 160 |
| for whom tuition is charged under division (F) of this section. | 161 |
| (C)(1) Except as provided in | 162 |
| (8) of this section, and subject to divisions (C)(3), (4), (5), | 163 |
| (6), and (7) of this section, on a full-time equivalency basis, | 164 |
| for each student enrolled in a community school established under | 165 |
| this chapter, the department of education annually shall deduct | 166 |
| from the state education aid of a student's resident district and, | 167 |
| if necessary, from the payment made to the district under sections | 168 |
| 321.24 and 323.156 of the Revised Code and pay to the community | 169 |
| school the sum of the following: | 170 |
| (a) An opportunity grant in an amount equal to the formula | 171 |
| amount; | 172 |
| (b) The per pupil amount of targeted assistance funds | 173 |
| calculated under division (A) of section 3317.0217 of the Revised | 174 |
| Code for the student's resident district, as determined by the | 175 |
| department, X 0.25; | 176 |
| (c) Additional state aid for special education and related | 177 |
| services provided under Chapter 3323. of the Revised Code as | 178 |
| follows: | 179 |
| (i) If the student is a category one special education | 180 |
| student, the amount specified in division (A) of section 3317.013 | 181 |
| of the Revised Code; | 182 |
| (ii) If the student is a category two special education | 183 |
| student, the amount specified in division (B) of section 3317.013 | 184 |
| of the Revised Code; | 185 |
| (iii) If the student is a category three special education | 186 |
| student, the amount specified in division (C) of section 3317.013 | 187 |
| of the Revised Code; | 188 |
| (iv) If the student is a category four special education | 189 |
| student, the amount specified in division (D) of section 3317.013 | 190 |
| of the Revised Code; | 191 |
| (v) If the student is a category five special education | 192 |
| student, the amount specified in division (E) of section 3317.013 | 193 |
| of the Revised Code; | 194 |
| (vi) If the student is a category six special education | 195 |
| student, the amount specified in division (F) of section 3317.013 | 196 |
| of the Revised Code. | 197 |
| (d) If the student is in kindergarten through third grade, an | 198 |
| additional amount of $211, in fiscal year 2014, and $290, in | 199 |
| fiscal year 2015; | 200 |
| (e) If the student is economically disadvantaged, an | 201 |
| additional amount equal to the following: | 202 |
| ($269, in fiscal year 2014, or $272, in fiscal year 2015) X | 203 |
| (the resident district's economically disadvantaged index) | 204 |
| (f) Limited English proficiency funds as follows: | 205 |
| (i) If the student is a category one limited English | 206 |
| proficient student, the amount specified in division (A) of | 207 |
| section 3317.016 of the Revised Code; | 208 |
| (ii) If the student is a category two limited English | 209 |
| proficient student, the amount specified in division (B) of | 210 |
| section 3317.016 of the Revised Code; | 211 |
| (iii) If the student is a category three limited English | 212 |
| proficient student, the amount specified in division (C) of | 213 |
| section 3317.016 of the Revised Code. | 214 |
| (g) Career-technical education funds as follows: | 215 |
| (i) If the student is a category one career-technical | 216 |
| education student, the amount specified in division (A) of section | 217 |
| 3317.014 of the Revised Code; | 218 |
| (ii) If the student is a category two career-technical | 219 |
| education student, the amount specified in division (B) of section | 220 |
| 3317.014 of the Revised Code; | 221 |
| (iii) If the student is a category three career-technical | 222 |
| education student, the amount specified in division (C) of section | 223 |
| 3317.014 of the Revised Code; | 224 |
| (iv) If the student is a category four career-technical | 225 |
| education student, the amount specified in division (D) of section | 226 |
| 3317.014 of the Revised Code; | 227 |
| (v) If the student is a category five career-technical | 228 |
| education student, the amount specified in division (E) of section | 229 |
| 3317.014 of the Revised Code. | 230 |
| Deduction and payment of funds under division (C)(1)(g) of | 231 |
| this section is subject to approval by the lead district of a | 232 |
| career-technical planning district or the department of education | 233 |
| under section 3317.161 of the Revised Code. | 234 |
| (2) When deducting from the state education aid of a | 235 |
| student's resident district for students enrolled in an internet- | 236 |
| or computer-based community school and making payments to such | 237 |
| school under this section, the department shall make the | 238 |
| deductions and payments described in only divisions (C)(1)(a), | 239 |
| (c), and (g) of this section. | 240 |
| No deductions or payments shall be made for a student | 241 |
| enrolled in such school under division (C)(1)(b), (d), (e), or (f) | 242 |
| of this section. | 243 |
| (3)(a) If a community school's costs for a fiscal year for a | 244 |
| student receiving special education and related services pursuant | 245 |
| to an IEP for a disability described in divisions (B) to (F) of | 246 |
| section 3317.013 of the Revised Code exceed the threshold | 247 |
| catastrophic cost for serving the student as specified in division | 248 |
| (B) of section 3317.0214 of the Revised Code, the school may | 249 |
| submit to the superintendent of public instruction documentation, | 250 |
| as prescribed by the superintendent, of all its costs for that | 251 |
| student. Upon submission of documentation for a student of the | 252 |
| type and in the manner prescribed, the department shall pay to the | 253 |
| community school an amount equal to the school's costs for the | 254 |
| student in excess of the threshold catastrophic costs. | 255 |
| (b) The community school shall report under division | 256 |
| (C)(3)(a) of this section, and the department shall pay for, only | 257 |
| the costs of educational expenses and the related services | 258 |
| provided to the student in accordance with the student's | 259 |
| individualized education program. Any legal fees, court costs, or | 260 |
| other costs associated with any cause of action relating to the | 261 |
| student may not be included in the amount. | 262 |
| (4) In any fiscal year, a community school receiving funds | 263 |
| under division (C)(1)(g) of this section shall spend those funds | 264 |
| only for the purposes that the department designates as approved | 265 |
| for career-technical education expenses. Career-technical | 266 |
| 267 | |
| include only expenses connected to the delivery of | 268 |
| career-technical programming to career-technical students. The | 269 |
| department shall require the school to report data annually so | 270 |
| that the department may monitor the school's compliance with the | 271 |
| requirements regarding the manner in which funding received under | 272 |
| division (C)(1)(g) of this section may be spent. | 273 |
| (5) All funds received under division (C)(1)(g) of this | 274 |
| section shall be spent in the following manner: | 275 |
| (a) At least seventy-five per cent of the funds shall be | 276 |
| spent on curriculum development, purchase, and implementation; | 277 |
| instructional resources and supplies; industry-based program | 278 |
| certification; student assessment, credentialing, and placement; | 279 |
| curriculum specific equipment purchases and leases; | 280 |
| career-technical student organization fees and expenses; home and | 281 |
| agency linkages; work-based learning experiences; professional | 282 |
| development; and other costs directly associated with | 283 |
| career-technical education programs including development of new | 284 |
| programs. | 285 |
| (b) Not more than twenty-five per cent of the funds shall be | 286 |
| used for personnel expenditures. | 287 |
| (6) A community school shall spend the funds it receives | 288 |
| under division (C)(1)(e) of this section in accordance with | 289 |
| section 3317.25 of the Revised Code. | 290 |
| (7) If the sum of the payments computed under division (C)(1) | 291 |
| of this section for the students entitled to attend school in a | 292 |
| particular school district under sections 3313.64 and 3313.65 of | 293 |
| the Revised Code and the sum of payments computed under division | 294 |
| (C)(8) of this section for individuals enrolled under section | 295 |
| 3314.38 of the Revised Code, combined, exceeds the sum of that | 296 |
| district's state education aid and its payment under sections | 297 |
| 321.24 and 323.156 of the Revised Code, the department shall | 298 |
| calculate and apply a proration factor to the payments to all | 299 |
|
community schools under
| 300 |
| those students | 301 |
| individuals. | 302 |
| (8) For each individual who is at least twenty-two but less | 303 |
| than thirty years of age enrolled in a dropout prevention and | 304 |
| recovery program operated by a community school under division (A) | 305 |
| of section 3314.38 of the Revised Code, the department shall | 306 |
| deduct from the state education aid of the school district in | 307 |
| which the individual resides and pay to the community school an | 308 |
| additional payment equal to the amount described in division | 309 |
| (C)(1)(a) of this section. | 310 |
| No deductions or payments shall be made for such an | 311 |
| individual for the purposes specified in division (C)(1)(b), (c), | 312 |
| (d), (e), (f), or (g) of this section. | 313 |
| (D) A board of education sponsoring a community school may | 314 |
| utilize local funds to make enhancement grants to the school or | 315 |
| may agree, either as part of the contract or separately, to | 316 |
| provide any specific services to the community school at no cost | 317 |
| to the school. | 318 |
| (E) A community school may not levy taxes or issue bonds | 319 |
| secured by tax revenues. | 320 |
| (F) No community school shall charge tuition for the | 321 |
| enrollment of any student who is a resident of this state. A | 322 |
| community school may charge tuition for the enrollment of any | 323 |
| student who is not a resident of this state. | 324 |
| (G)(1)(a) A community school may borrow money to pay any | 325 |
| necessary and actual expenses of the school in anticipation of the | 326 |
| receipt of any portion of the payments to be received by the | 327 |
| school pursuant to division (C) of this section. The school may | 328 |
| issue notes to evidence such borrowing. The proceeds of the notes | 329 |
| shall be used only for the purposes for which the anticipated | 330 |
| receipts may be lawfully expended by the school. | 331 |
| (b) A school may also borrow money for a term not to exceed | 332 |
| fifteen years for the purpose of acquiring facilities. | 333 |
| (2) Except for any amount guaranteed under section 3318.50 of | 334 |
| the Revised Code, the state is not liable for debt incurred by the | 335 |
| governing authority of a community school. | 336 |
| (H) The department of education shall adjust the amounts | 337 |
| subtracted and paid under division (C) of this section to reflect | 338 |
| any enrollment of students in community schools for less than the | 339 |
| equivalent of a full school year. The state board of education | 340 |
| within ninety days after April 8, 2003, shall adopt in accordance | 341 |
| with Chapter 119. of the Revised Code rules governing the payments | 342 |
| to community schools under this section including initial payments | 343 |
| in a school year and adjustments and reductions made in subsequent | 344 |
| periodic payments to community schools and corresponding | 345 |
| deductions from school district accounts as provided under | 346 |
| division (C) of this section. For purposes of this section: | 347 |
| (1) A student shall be considered enrolled in the community | 348 |
| school for any portion of the school year the student is | 349 |
| participating at a college under Chapter 3365. of the Revised | 350 |
| Code. | 351 |
| (2) A student shall be considered to be enrolled in a | 352 |
| community school for the period of time beginning on the later of | 353 |
| the date on which the school both has received documentation of | 354 |
| the student's enrollment from a parent and the student has | 355 |
| commenced participation in learning opportunities as defined in | 356 |
| the contract with the sponsor, or thirty days prior to the date on | 357 |
| which the student is entered into the education management | 358 |
| information system established under section 3301.0714 of the | 359 |
| Revised Code. For purposes of applying this division and divisions | 360 |
| (H)(3) and (4) of this section to a community school student, | 361 |
| "learning opportunities" shall be defined in the contract, which | 362 |
| shall describe both classroom-based and non-classroom-based | 363 |
| learning opportunities and shall be in compliance with criteria | 364 |
| and documentation requirements for student participation which | 365 |
| shall be established by the department. Any student's instruction | 366 |
| time in non-classroom-based learning opportunities shall be | 367 |
| certified by an employee of the community school. A student's | 368 |
| enrollment shall be considered to cease on the date on which any | 369 |
| of the following occur: | 370 |
| (a) The community school receives documentation from a parent | 371 |
| terminating enrollment of the student. | 372 |
| (b) The community school is provided documentation of a | 373 |
| student's enrollment in another public or private school. | 374 |
| (c) The community school ceases to offer learning | 375 |
| opportunities to the student pursuant to the terms of the contract | 376 |
| with the sponsor or the operation of any provision of this | 377 |
| chapter. | 378 |
| Except as otherwise specified in this paragraph, beginning in | 379 |
| the 2011-2012 school year, any student who completed the prior | 380 |
| school year in an internet- or computer-based community school | 381 |
| shall be considered to be enrolled in the same school in the | 382 |
| subsequent school year until the student's enrollment has ceased | 383 |
| as specified in division (H)(2) of this section. The department | 384 |
| shall continue subtracting and paying amounts for the student | 385 |
| under division (C) of this section without interruption at the | 386 |
| start of the subsequent school year. However, if the student | 387 |
| without a legitimate excuse fails to participate in the first one | 388 |
| hundred five consecutive hours of learning opportunities offered | 389 |
| to the student in that subsequent school year, the student shall | 390 |
| be considered not to have re-enrolled in the school for that | 391 |
| school year and the department shall recalculate the payments to | 392 |
| the school for that school year to account for the fact that the | 393 |
| student is not enrolled. | 394 |
| (3) The department shall determine each community school | 395 |
| student's percentage of full-time equivalency based on the | 396 |
| percentage of learning opportunities offered by the community | 397 |
| school to that student, reported either as number of hours or | 398 |
| number of days, is of the total learning opportunities offered by | 399 |
| the community school to a student who attends for the school's | 400 |
| entire school year. However, no internet- or computer-based | 401 |
| community school shall be credited for any time a student spends | 402 |
| participating in learning opportunities beyond ten hours within | 403 |
| any period of twenty-four consecutive hours. Whether it reports | 404 |
| hours or days of learning opportunities, each community school | 405 |
| shall offer not less than nine hundred twenty hours of learning | 406 |
| opportunities during the school year. | 407 |
| (4) With respect to the calculation of full-time equivalency | 408 |
| under division (H)(3) of this section, the department shall waive | 409 |
| the number of hours or days of learning opportunities not offered | 410 |
| to a student because the community school was closed during the | 411 |
| school year due to disease epidemic, hazardous weather conditions, | 412 |
| law enforcement emergencies, inoperability of school buses or | 413 |
| other equipment necessary to the school's operation, damage to a | 414 |
| school building, or other temporary circumstances due to utility | 415 |
| failure rendering the school building unfit for school use, so | 416 |
| long as the school was actually open for instruction with students | 417 |
| in attendance during that school year for not less than the | 418 |
| minimum number of hours required by this chapter. The department | 419 |
| shall treat the school as if it were open for instruction with | 420 |
| students in attendance during the hours or days waived under this | 421 |
| division. | 422 |
| (I) The department of education shall reduce the amounts paid | 423 |
| under this section to reflect payments made to colleges under | 424 |
| division (B) of section 3365.07 of the Revised Code or through | 425 |
| alternative funding agreements entered into under rules adopted | 426 |
| under section 3365.12 of the Revised Code. | 427 |
| (J)(1) No student shall be considered enrolled in any | 428 |
| internet- or computer-based community school or, if applicable to | 429 |
| the student, in any community school that is required to provide | 430 |
| the student with a computer pursuant to division (C) of section | 431 |
| 3314.22 of the Revised Code, unless both of the following | 432 |
| conditions are satisfied: | 433 |
| (a) The student possesses or has been provided with all | 434 |
| required hardware and software materials and all such materials | 435 |
| are operational so that the student is capable of fully | 436 |
| participating in the learning opportunities specified in the | 437 |
| contract between the school and the school's sponsor as required | 438 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 439 |
| (b) The school is in compliance with division (A) of section | 440 |
| 3314.22 of the Revised Code, relative to such student. | 441 |
| (2) In accordance with policies adopted jointly by the | 442 |
| superintendent of public instruction and the auditor of state, the | 443 |
| department shall reduce the amounts otherwise payable under | 444 |
| division (C) of this section to any community school that includes | 445 |
| in its program the provision of computer hardware and software | 446 |
| materials to any student, if such hardware and software materials | 447 |
| have not been delivered, installed, and activated for each such | 448 |
| student in a timely manner or other educational materials or | 449 |
| services have not been provided according to the contract between | 450 |
| the individual community school and its sponsor. | 451 |
| The superintendent of public instruction and the auditor of | 452 |
| state shall jointly establish a method for auditing any community | 453 |
| school to which this division pertains to ensure compliance with | 454 |
| this section. | 455 |
| The superintendent, auditor of state, and the governor shall | 456 |
| jointly make recommendations to the general assembly for | 457 |
| legislative changes that may be required to assure fiscal and | 458 |
| academic accountability for such schools. | 459 |
| (K)(1) If the department determines that a review of a | 460 |
| community school's enrollment is necessary, such review shall be | 461 |
| completed and written notice of the findings shall be provided to | 462 |
| the governing authority of the community school and its sponsor | 463 |
| within ninety days of the end of the community school's fiscal | 464 |
| year, unless extended for a period not to exceed thirty additional | 465 |
| days for one of the following reasons: | 466 |
| (a) The department and the community school mutually agree to | 467 |
| the extension. | 468 |
| (b) Delays in data submission caused by either a community | 469 |
| school or its sponsor. | 470 |
| (2) If the review results in a finding that additional | 471 |
| funding is owed to the school, such payment shall be made within | 472 |
| thirty days of the written notice. If the review results in a | 473 |
| finding that the community school owes moneys to the state, the | 474 |
| following procedure shall apply: | 475 |
| (a) Within ten business days of the receipt of the notice of | 476 |
| findings, the community school may appeal the department's | 477 |
| determination to the state board of education or its designee. | 478 |
| (b) The board or its designee shall conduct an informal | 479 |
| hearing on the matter within thirty days of receipt of such an | 480 |
| appeal and shall issue a decision within fifteen days of the | 481 |
| conclusion of the hearing. | 482 |
| (c) If the board has enlisted a designee to conduct the | 483 |
| hearing, the designee shall certify its decision to the board. The | 484 |
| board may accept the decision of the designee or may reject the | 485 |
| decision of the designee and issue its own decision on the matter. | 486 |
| (d) Any decision made by the board under this division is | 487 |
| final. | 488 |
| (3) If it is decided that the community school owes moneys to | 489 |
| the state, the department shall deduct such amount from the | 490 |
| school's future payments in accordance with guidelines issued by | 491 |
| the superintendent of public instruction. | 492 |
| (L) The department shall not subtract from a school | 493 |
| district's state aid account and shall not pay to a community | 494 |
| school under division (C) of this section any amount for any of | 495 |
| the following: | 496 |
| (1) Any student who has graduated from the twelfth grade of a | 497 |
| public or nonpublic high school; | 498 |
| (2) Any student who is not a resident of the state; | 499 |
| (3) Any student who was enrolled in the community school | 500 |
| during the previous school year when assessments were administered | 501 |
| under section 3301.0711 of the Revised Code but did not take one | 502 |
| or more of the assessments required by that section and was not | 503 |
| excused pursuant to division (C)(1) or (3) of that section, unless | 504 |
| the superintendent of public instruction grants the student a | 505 |
| waiver from the requirement to take the assessment and a parent is | 506 |
| not paying tuition for the student pursuant to section 3314.26 of | 507 |
| the Revised Code. The superintendent may grant a waiver only for | 508 |
| good cause in accordance with rules adopted by the state board of | 509 |
| education. | 510 |
| (4) Any student who has attained the age of twenty-two years, | 511 |
| except for veterans of the armed services whose attendance was | 512 |
| interrupted before completing the recognized twelve-year course of | 513 |
| the public schools by reason of induction or enlistment in the | 514 |
| armed forces and who apply for enrollment in a community school | 515 |
| not later than four years after termination of war or their | 516 |
| honorable discharge. If, however, any such veteran elects to | 517 |
| enroll in special courses organized for veterans for whom tuition | 518 |
| is paid under federal law, or otherwise, the department shall not | 519 |
| subtract from a school district's state aid account and shall not | 520 |
| pay to a community school under division (C) of this section any | 521 |
| amount for that veteran. | 522 |
| Sec. 3314.362. (A) For the purposes of this section: | 523 |
| (1) A community school shall be considered a local | 524 |
| educational agency, as defined in section 9202 of title 20 of the | 525 |
| United States Code. | 526 |
| (2) An "ABLE program" is an adult basic and literacy | 527 |
| education program that offers courses of instruction in basic | 528 |
| skills such as reading, writing, math, problem-solving, and | 529 |
| English as a second language, as well as preparation for the tests | 530 |
| of general educational development. | 531 |
| (B) Beginning on July 1, 2014, any community school | 532 |
| established under this chapter that serves students enrolled in a | 533 |
| dropout prevention and recovery program operated by the school, as | 534 |
| described in division (A)(4)(a) of section 3314.35 of the Revised | 535 |
| Code, is hereby authorized to operate an ABLE program. For the | 536 |
| 2014-2015 school year, and for each school year thereafter, the | 537 |
| chancellor of the Ohio board of regents shall consider such a | 538 |
| community school to be eligible for federal or state grants | 539 |
| administered by the chancellor to support the school's ABLE | 540 |
| program. | 541 |
| Sec. 3314.38. (A) An individual who is at least twenty-two | 542 |
| but younger than thirty years of age and who has not been awarded | 543 |
| a high school diploma or a certificate of high school equivalence, | 544 |
| as defined in section 4109.06 of the Revised Code, may enroll for | 545 |
| up to two cumulative school years in a dropout prevention and | 546 |
| recovery program operated by a community school that is designed | 547 |
| to allow enrollees to earn a high school diploma. The community | 548 |
| school shall report that individual's enrollment under division | 549 |
| (B)(2)(i) of section 3314.08 of the Revised Code and shall receive | 550 |
| the amount attributable to the individual's enrollment prescribed | 551 |
| by division (C)(8) of section 3314.08 of the Revised Code. | 552 |
| (B) A community school that enrolls individuals under | 553 |
| division (A) of this section shall be subject to the reporting and | 554 |
| measurement standards developed by the state board of education | 555 |
| under division (C) of section 3317.24 of the Revised Code. | 556 |
| Sec. 3317.01. As used in this section, "school district," | 557 |
| unless otherwise specified, means any city, local, exempted | 558 |
| village, joint vocational, or cooperative education school | 559 |
| district and any educational service center. | 560 |
| This chapter shall be administered by the state board of | 561 |
| education. The superintendent of public instruction shall | 562 |
| calculate the amounts payable to each school district and shall | 563 |
| certify the amounts payable to each eligible district to the | 564 |
| treasurer of the district as provided by this chapter. As soon as | 565 |
| possible after such amounts are calculated, the superintendent | 566 |
| shall certify to the treasurer of each school district the | 567 |
| district's adjusted charge-off increase, as defined in section | 568 |
| 5705.211 of the Revised Code. Certification of moneys pursuant to | 569 |
| this section shall include the amounts payable to each school | 570 |
| building, at a frequency determined by the superintendent, for | 571 |
| each subgroup of students, as defined in section 3317.40 of the | 572 |
| Revised Code, receiving services, provided for by state funding, | 573 |
| from the district or school. No moneys shall be distributed | 574 |
| pursuant to this chapter without the approval of the controlling | 575 |
| board. | 576 |
| The state board of education shall, in accordance with | 577 |
| appropriations made by the general assembly, meet the financial | 578 |
| obligations of this chapter. | 579 |
| Moneys distributed to school districts pursuant to this | 580 |
| chapter shall be calculated based on the annual enrollment | 581 |
|
calculated from the three reports required under | 582 |
| 3317.03 and 3317.036 of the Revised Code and paid on a fiscal year | 583 |
| basis, beginning with the first day of July and extending through | 584 |
| the thirtieth day of June. The moneys appropriated for each fiscal | 585 |
| year shall be distributed periodically to each school district | 586 |
| unless otherwise provided for. The state board, in June of each | 587 |
| year, shall submit to the controlling board the state board's | 588 |
| year-end distributions pursuant to this chapter. | 589 |
| Except as otherwise provided, payments under this chapter | 590 |
| shall be made only to those school districts in which: | 591 |
| (A) The school district, except for any educational service | 592 |
| center and any joint vocational or cooperative education school | 593 |
| district, levies for current operating expenses at least twenty | 594 |
| mills. Levies for joint vocational or cooperative education school | 595 |
| districts or county school financing districts, limited to or to | 596 |
| the extent apportioned to current expenses, shall be included in | 597 |
| this qualification requirement. School district income tax levies | 598 |
| under Chapter 5748. of the Revised Code, limited to or to the | 599 |
| extent apportioned to current operating expenses, shall be | 600 |
| included in this qualification requirement to the extent | 601 |
| determined by the tax commissioner under division (D) of section | 602 |
| 3317.021 of the Revised Code. | 603 |
| (B) The school year next preceding the fiscal year for which | 604 |
| such payments are authorized meets the requirement of section | 605 |
| 3313.48 of the Revised Code, with regard to the minimum number of | 606 |
| hours school must be open for instruction with pupils in | 607 |
| attendance, for individualized parent-teacher conference and | 608 |
| reporting periods, and for professional meetings of teachers. | 609 |
| A school district shall not be considered to have failed to | 610 |
| comply with this division because schools were open for | 611 |
| instruction but either twelfth grade students were excused from | 612 |
| attendance for up to the equivalent of three school days or only a | 613 |
| portion of the kindergarten students were in attendance for up to | 614 |
| the equivalent of three school days in order to allow for the | 615 |
| gradual orientation to school of such students. | 616 |
| A board of education or governing board of an educational | 617 |
| service center which has not conformed with other law and the | 618 |
| rules pursuant thereto, shall not participate in the distribution | 619 |
| of funds authorized by this chapter, except for good and | 620 |
| sufficient reason established to the satisfaction of the state | 621 |
| board of education and the state controlling board. | 622 |
| All funds allocated to school districts under this chapter, | 623 |
| except those specifically allocated for other purposes, shall be | 624 |
| used to pay current operating expenses only. | 625 |
| Sec. 3317.022. (A) The department of education shall compute | 626 |
| and distribute state core foundation funding to each eligible | 627 |
| school district for the fiscal year, using the information | 628 |
| obtained under section 3317.021 of the Revised Code in the | 629 |
| calendar year in which the fiscal year begins, as prescribed in | 630 |
| the following divisions: | 631 |
| (1) An opportunity grant calculated according to the | 632 |
| following formula: | 633 |
| The formula amount X (formula ADM + preschool scholarship ADM | 634 |
| + the number of individuals who are at least twenty-two but less | 635 |
| than thirty years of age enrolled in diploma programs as | 636 |
| calculated under division (B) of section 3317.036 of the Revised | 637 |
| Code) X the district's state share index | 638 |
| (2) Targeted assistance funds calculated under divisions (A) | 639 |
| and (B) of section 3317.0217 of the Revised Code; | 640 |
| (3) Additional state aid for special education and related | 641 |
| services provided under Chapter 3323. of the Revised Code | 642 |
| calculated as the sum of the following: | 643 |
| (a) The district's category one special education ADM X the | 644 |
| amount specified in division (A) of section 3317.013 of the | 645 |
| Revised Code X the district's state share index; | 646 |
| (b) The district's category two special education ADM X the | 647 |
| amount specified in division (B) of section 3317.013 of the | 648 |
| Revised Code X the district's state share index; | 649 |
| (c) The district's category three special education ADM X the | 650 |
| amount specified in division (C) of section 3317.013 of the | 651 |
| Revised Code X the district's state share index; | 652 |
| (d) The district's category four special education ADM X the | 653 |
| amount specified in division (D) of section 3317.013 of the | 654 |
| Revised Code X the district's state share index; | 655 |
| (e) The district's category five special education ADM X the | 656 |
| amount specified in division (E) of section 3317.013 of the | 657 |
| Revised Code X the district's state share index; | 658 |
| (f) The district's category six special education ADM X the | 659 |
| amount specified in division (F) of section 3317.013 of the | 660 |
| Revised Code X the district's state share index. | 661 |
| (4) Kindergarten through third grade literacy funds | 662 |
| calculated according to the following formula: | 663 |
| [($125, in fiscal year 2014, or $175, in fiscal year 2015) X | 664 |
| formula ADM for grades kindergarten through three X the district's | 665 |
| state share index] + [($100, in fiscal year 2014, or $160, in | 666 |
| fiscal year 2015) X formula ADM for grades kindergarten through | 667 |
| three] | 668 |
| For purposes of this calculation, the department shall | 669 |
| subtract from a district's formula ADM for grades kindergarten | 670 |
| through three the number of students reported under division | 671 |
| (B)(3)(e) of section 3317.03 of the Revised Code as enrolled in an | 672 |
| internet- or computer-based community school who are in grades | 673 |
| kindergarten through three. | 674 |
| (5) Economically disadvantaged funds calculated according to | 675 |
| the following formula: | 676 |
| ($250, in fiscal year 2014, or $253, in fiscal year 2015) X | 677 |
| (the district's economically disadvantaged index) X the number of | 678 |
| students who are economically disadvantaged as certified under | 679 |
| division (B)(21) of section 3317.03 of the Revised Code | 680 |
| (6) Limited English proficiency funds calculated as the sum | 681 |
| of the following: | 682 |
| (a) The district's category one limited English proficient | 683 |
| ADM X the amount specified in division (A) of section 3317.016 of | 684 |
| the Revised Code X the district's state share index; | 685 |
| (b) The district's category two limited English proficient | 686 |
| ADM X the amount specified in division (B) of section 3317.016 of | 687 |
| the Revised Code X the district's state share index; | 688 |
| (c) The district's category three limited English proficient | 689 |
| ADM X the amount specified in division (C) of section 3317.016 of | 690 |
| the Revised Code X the district's state share index. | 691 |
| (7)(a) Gifted identification funds calculated according to | 692 |
| the following formula: | 693 |
| 694 | |
| 695 | |
| (b) Gifted unit funding calculated under section 3317.051 of | 696 |
| the Revised Code. | 697 |
| (8) Career-technical education funds calculated as the sum of | 698 |
| the following: | 699 |
| (a) The district's category one career-technical education | 700 |
| ADM X the amount specified in division (A) of section 3317.014 of | 701 |
| the Revised Code X the district's state share index; | 702 |
| (b) The district's category two career-technical education | 703 |
| ADM X the amount specified in division (B) of section 3317.014 of | 704 |
| the Revised Code X the district's state share index; | 705 |
| (c) The district's category three career-technical education | 706 |
| ADM X the amount specified in division (C) of section 3317.014 of | 707 |
| the Revised Code X the district's state share index; | 708 |
| (d) The district's category four career-technical education | 709 |
| ADM X the amount specified in division (D) of section 3317.014 of | 710 |
| the Revised Code X the district's state share index; | 711 |
| (e) The district's category five career-technical education | 712 |
| ADM X the amount specified in division (E) of section 3317.014 of | 713 |
| the Revised Code X the district's state share index. | 714 |
| Payment of funds under division (A)(8) of this section is | 715 |
| subject to approval under section 3317.161 of the Revised Code. | 716 |
| (9) Career-technical education associated services funds | 717 |
| calculated according to the following formula: | 718 |
| 719 | |
| 720 | |
| 721 | |
| 722 | |
| (B) In any fiscal year, a school district shall spend for | 723 |
| purposes that the department designates as approved for special | 724 |
| education and related services expenses at least the amount | 725 |
| calculated as follows: | 726 |
| 727 | |
| 728 | |
| 729 | |
| 730 | |
| 731 | |
| 732 | |
| 733 | |
| 734 | |
| 735 | |
| 736 | |
| 737 | |
| 738 | |
| 739 | |
| 740 | |
| The purposes approved by the department for special education | 741 |
| expenses shall include, but shall not be limited to, | 742 |
| identification of children with disabilities, compliance with | 743 |
| state rules governing the education of children with disabilities | 744 |
| and prescribing the continuum of program options for children with | 745 |
| disabilities, provision of speech language pathology services, and | 746 |
| the portion of the school district's overall administrative and | 747 |
| overhead costs that are attributable to the district's special | 748 |
| education student population. | 749 |
| The scholarships deducted from the school district's account | 750 |
| under sections 3310.41 and 3310.55 of the Revised Code shall be | 751 |
| considered to be an approved special education and related | 752 |
| services expense for the purpose of the school district's | 753 |
| compliance with this division. | 754 |
| (C) In any fiscal year, a school district receiving funds | 755 |
| under division (A)(8) of this section shall spend those funds only | 756 |
| for the purposes that the department designates as approved for | 757 |
|
career-technical education expenses. Career-technical | 758 |
| education expenses approved by the department shall include only | 759 |
| expenses connected to the delivery of career-technical programming | 760 |
| to career-technical students. The department shall require the | 761 |
| school district to report data annually so that the department may | 762 |
| monitor the district's compliance with the requirements regarding | 763 |
| the manner in which funding received under division (A)(8) of this | 764 |
| section may be spent. | 765 |
| (D) In any fiscal year, a school district receiving funds | 766 |
| under division (A)(9) of this section, or through a transfer of | 767 |
| funds pursuant to division (I) of section 3317.023 of the Revised | 768 |
| Code, shall spend those funds only for the purposes that the | 769 |
| department designates as approved for career-technical education | 770 |
| associated services expenses, which may include such purposes as | 771 |
| apprenticeship coordinators, coordinators for other | 772 |
| career-technical education services, career-technical evaluation, | 773 |
| and other purposes designated by the department. The department | 774 |
| may deny payment under division (A)(9) of this section to any | 775 |
| district that the department determines is not operating those | 776 |
| services or is using funds paid under division (A)(9) of this | 777 |
| section, or through a transfer of funds pursuant to division (I) | 778 |
| of section 3317.023 of the Revised Code, for other purposes. | 779 |
| (E) All funds received under division (A)(8) of this section | 780 |
| shall be spent in the following manner: | 781 |
| (1) At least seventy-five per cent of the funds shall be | 782 |
| spent on curriculum development, purchase, and implementation; | 783 |
| instructional resources and supplies; industry-based program | 784 |
| certification; student assessment, credentialing, and placement; | 785 |
| curriculum specific equipment purchases and leases; | 786 |
| career-technical student organization fees and expenses; home and | 787 |
| agency linkages; work-based learning experiences; professional | 788 |
| development; and other costs directly associated with | 789 |
| career-technical education programs including development of new | 790 |
| programs. | 791 |
| (2) Not more than twenty-five per cent of the funds shall be | 792 |
| used for personnel expenditures. | 793 |
| (F) A school district shall spend the funds it receives under | 794 |
| division (A)(5) of this section in accordance with section 3317.25 | 795 |
| of the Revised Code. | 796 |
| Sec. 3317.036. (A) The superintendent of each city, local, | 797 |
| and exempted village school district shall report to the state | 798 |
| board of education as of the last day of October, March, and June | 799 |
| of each year the enrollment in the district of individuals who are | 800 |
| at least twenty-two but less than thirty years of age under | 801 |
| section 3317.24 of the Revised Code. This report shall be in | 802 |
| addition to the district's report of the enrollment of students | 803 |
| entitled to attend school in the district under section 3313.64 or | 804 |
| 3313.65 of the Revised Code that is required under section 3317.03 | 805 |
| of the Revised Code. | 806 |
| (B) The department of education shall calculate the sum of | 807 |
| the following for each city, local, and exempted village school | 808 |
| district: | 809 |
| (1) All individuals reported to be enrolled in the district | 810 |
| under division (A) of this section; | 811 |
| (2) All individuals residing in the district that are | 812 |
| reported under division (B)(2)(i) of section 3314.08 of the | 813 |
| Revised Code as enrolled in a community school dropout prevention | 814 |
| and recovery program under section 3314.38 of the Revised Code. | 815 |
| Sec. 3317.24. (A) For purposes of this section, "challenged | 816 |
| school district" has the same meaning as in section 3314.02 of the | 817 |
| Revised Code. | 818 |
| (B) If an individual who is at least twenty-two but younger | 819 |
| than thirty years of age and who has not been awarded a high | 820 |
| school diploma or a certificate of high school equivalence, as | 821 |
| defined in section 4109.06 of the Revised Code, resides in a | 822 |
| challenged school district, that individual may enroll in that | 823 |
| district for up to two cumulative school years for the purpose of | 824 |
| earning a high school diploma. The district shall report that | 825 |
| individual's enrollment under division (A) of section 3317.036 of | 826 |
| the Revised Code and shall not report that individual's enrollment | 827 |
| under section 3317.03 of the Revised Code. | 828 |
| (C) The state board of education shall develop standards for | 829 |
| the reporting and measurement of the academic performance of | 830 |
| individuals enrolled in a district under division (B) of this | 831 |
| section and of individuals enrolled in a community school dropout | 832 |
| prevention and recovery program under division (A) of section | 833 |
| 3314.38 of the Revised Code. Each district that enrolls | 834 |
| individuals under division (B) of this section and each community | 835 |
| school that enrolls individuals under division (A) of section | 836 |
| 3314.38 of the Revised Code shall be subject to the standards | 837 |
| developed under this division. | 838 |
| Section 4. That existing section 3314.08 and the existing | 839 |
| versions of sections 3317.01 and 3317.022 of the Revised Code that | 840 |
| are scheduled to take effect July 1, 2014, are hereby repealed. | 841 |
| Section 5. For fiscal year 2015, the combined enrollment in | 842 |
| challenged school districts under division (B) of section 3317.24 | 843 |
| of the Revised Code and in community school dropout prevention and | 844 |
| recovery programs under division (A) of section 3314.38 of the | 845 |
| Revised Code of individuals who are at least twenty-two but | 846 |
| younger than thirty years of age shall be limited to 1,500 | 847 |
| individuals on a first-come, first-serve basis as determined by | 848 |
| the Department of Education. | 849 |
| Section 6. Sections 3, 4, and 5 of this act shall take effect | 850 |
| July 1, 2014. | 851 |
| Section 7. The Department of Education shall prescribe | 852 |
| procedures and deadlines necessary to begin implementing the | 853 |
| enrollment limit prescribed by Section 5 of this act when that | 854 |
| section takes effect. | 855 |