As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 123

Senator Sawyer 

Cosponsors: Senators LaRose, Smith, Brown, Gentile, Tavares, Turner, Lehner 

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A BILL

To enact section 3313.984 of the Revised Code to

1

require a study of interdistrict open enrollment,

2

and to amend sections 3310.01, 3310.06, 3313.64,

3

3313.97, 3313.974, 3313.982, 3314.07, 3315.18,

4

3317.03, 3318.011, 3323.143, 3326.51, 3327.05, and

5

3365.01 and to repeal sections 3313.98, 3313.981,

6

3313.983, and 3313.984 of the Revised Code

7

effective July 1, 2015, to terminate interdistrict

8

open enrollment on that date with the possibility

9

of renewal following the General Assembly's

10

examination of the study's findings.

11

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

Section 1. That section 3313.984 of the Revised Code be	12
enacted to read as follows:	13

Sec. 3313.984. The department of education shall conduct a	14
study on the implementation and effectiveness of the interdistrict	15
open enrollment policies under sections 3313.98, 3313.981, and	16
3313.983 of the Revised Code. The study shall focus on the effects	17
of open enrollment in providing educational benefit to students	18
and the fiscal impact on school districts. In addition, the study	19
shall closely assess the impact of open enrollment on low-wealth	20
school districts.	21

Through the course of the study, the department shall:

22

(A) Investigate the ramifications of requiring each school	23
district to maintain an adjacent district or statewide open	24
enrollment policy;	25

(B) Compare the fiscal and administrative effects of counting	26
open enrollment students where those students are educated versus	27
counting students where they reside;	28

(C) Consider other funding model alternatives;

29

(D) Examine whether an amount representing only the state	30
share of funding should be transferred to a school district that	31
enrolls open enrollment students, if students continue to be	32
counted where they reside.	33

Section 2. That sections 3310.01, 3310.06, 3313.64, 3313.97,	34
3313.974, 3313.982, 3314.07, 3315.18, 3317.03, 3318.011, 3323.143,	35
3326.51, 3327.05, and 3365.01 of the Revised Code be amended to	36
read as follows:	37

Sec. 3310.01.  As used in sections 3310.01 to 3310.17 of the	38
Revised Code:	39

(A) "Chartered nonpublic school" means a nonpublic school	40
that holds a valid charter issued by the state board of education	41
under section 3301.16 of the Revised Code and meets the standards	42
established for such schools in rules adopted by the state board.	43

(B) An "eligible student" is a student who satisfies the	44
conditions specified in section 3310.03 of the Revised Code.	45

(C) "Parent" has the same meaning as in section 3313.98 of	46
the Revised Codemeans either of the natural or adoptive parents	47
of a student, except under the following conditions:	48

(1) When the marriage of the natural or adoptive parents of	49
the student has been terminated by a divorce, dissolution of	50
marriage, or annulment or the natural or adoptive parents of the	51
student are living separate and apart under a legal separation	52
decree and the court has issued an order allocating the parental	53
rights and responsibilities with respect to the student, "parent"	54
means the residential parent as designated by the court except	55
that "parent" means either parent when the court issues a shared	56
parenting decree.	57

(2) When a court has granted temporary or permanent custody	58
of the student to an individual or agency other than either of the	59
natural or adoptive parents of the student, "parent" means the	60
legal custodian of the child.	61

(3) When a court has appointed a guardian for the student,	62
"parent" means the guardian of the student.	63

(D) "Resident district" means the school district in which a	64
student is entitled to attend school under section 3313.64 or	65
3313.65 of the Revised Code.	66

(E) "School year" has the same meaning as in section 3313.62	67
of the Revised Code.	68

Sec. 3310.06.  It is the policy adopted by the general	69
assembly that the educational choice scholarship pilot program	70
shall be construed as one of several educational options available	71
for students enrolled in persistently low-performing school	72
buildings. Students may be enrolled in the schools of the	73
student's resident district, in a community school established	74
under Chapter 3314. of the Revised Code, in the schools of another	75
school district pursuant to an open enrollment policy adopted	76
under section 3313.98 of the Revised Code, in a chartered	77
nonpublic school with or without a scholarship under the	78
educational choice scholarship pilot program, or in other schools	79
as the law may provide.	80

Sec. 3313.64.  (A) As used in this section and in section	81
3313.65 of the Revised Code:	82

(1)(a) Except as provided in division (A)(1)(b) of this	83
section, "parent" means either parent, unless the parents are	84
separated or divorced or their marriage has been dissolved or	85
annulled, in which case "parent" means the parent who is the	86
residential parent and legal custodian of the child. When a child	87
is in the legal custody of a government agency or a person other	88
than the child's natural or adoptive parent, "parent" means the	89
parent with residual parental rights, privileges, and	90
responsibilities. When a child is in the permanent custody of a	91
government agency or a person other than the child's natural or	92
adoptive parent, "parent" means the parent who was divested of	93
parental rights and responsibilities for the care of the child and	94
the right to have the child live with the parent and be the legal	95
custodian of the child and all residual parental rights,	96
privileges, and responsibilities.	97

(b) When a child is the subject of a power of attorney	98
executed under sections 3109.51 to 3109.62 of the Revised Code,	99
"parent" means the grandparent designated as attorney in fact	100
under the power of attorney. When a child is the subject of a	101
caretaker authorization affidavit executed under sections 3109.64	102
to 3109.73 of the Revised Code, "parent" means the grandparent	103
that executed the affidavit.	104

(2) "Legal custody," "permanent custody," and "residual	105
parental rights, privileges, and responsibilities" have the same	106
meanings as in section 2151.011 of the Revised Code.	107

(3) "School district" or "district" means a city, local, or	108
exempted village school district and excludes any school operated	109
in an institution maintained by the department of youth services.	110

(4) Except as used in division (C)(2) of this section, "home"	111
means a home, institution, foster home, group home, or other	112
residential facility in this state that receives and cares for	113
children, to which any of the following applies:	114

(a) The home is licensed, certified, or approved for such	115
purpose by the state or is maintained by the department of youth	116
services.	117

(b) The home is operated by a person who is licensed,	118
certified, or approved by the state to operate the home for such	119
purpose.	120

(c) The home accepted the child through a placement by a	121
person licensed, certified, or approved to place a child in such a	122
home by the state.	123

(d) The home is a children's home created under section	124
5153.21 or 5153.36 of the Revised Code.	125

(5) "Agency" means all of the following:

126

(a) A public children services agency;

127

(b) An organization that holds a certificate issued by the	128
Ohio department of job and family services in accordance with the	129
requirements of section 5103.03 of the Revised Code and assumes	130
temporary or permanent custody of children through commitment,	131
agreement, or surrender, and places children in family homes for	132
the purpose of adoption;	133

(c) Comparable agencies of other states or countries that	134
have complied with applicable requirements of section 2151.39 of	135
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	136
5103.23 to 5103.237 of the Revised Code.	137

(6) A child is placed for adoption if either of the following	138
occurs:	139

(a) An agency to which the child has been permanently	140
committed or surrendered enters into an agreement with a person	141
pursuant to section 5103.16 of the Revised Code for the care and	142
adoption of the child.	143

(b) The child's natural parent places the child pursuant to	144
section 5103.16 of the Revised Code with a person who will care	145
for and adopt the child.	146

(7) "Preschool child with a disability" has the same meaning	147
as in section 3323.01 of the Revised Code.	148

(8) "Child," unless otherwise indicated, includes preschool	149
children with disabilities.	150

(9) "Active duty" means active duty pursuant to an executive	151
order of the president of the United States, an act of the	152
congress of the United States, or section 5919.29 or 5923.21 of	153
the Revised Code.	154

(B) Except as otherwise provided in section 3321.01 of the	155
Revised Code for admittance to kindergarten and first grade, a	156
child who is at least five but under twenty-two years of age and	157
any preschool child with a disability shall be admitted to school	158
as provided in this division.	159

(1) A child shall be admitted to the schools of the school	160
district in which the child's parent resides.	161

(2) A child who does not reside in the district where the	162
child's parent resides shall be admitted to the schools of the	163
district in which the child resides if any of the following	164
applies:	165

(a) The child is in the legal or permanent custody of a	166
government agency or a person other than the child's natural or	167
adoptive parent.	168

(b) The child resides in a home.

169

(c) The child requires special education.

170

(3) A child who is not entitled under division (B)(2) of this	171
section to be admitted to the schools of the district where the	172
child resides and who is residing with a resident of this state	173
with whom the child has been placed for adoption shall be admitted	174
to the schools of the district where the child resides unless	175
either of the following applies:	176

(a) The placement for adoption has been terminated.

177

(b) Another school district is required to admit the child	178
under division (B)(1) of this section.	179

Division (B) of this section does not prohibit the board of	180
education of a school district from placing a child with a	181
disability who resides in the district in a special education	182
program outside of the district or its schools in compliance with	183
Chapter 3323. of the Revised Code.	184

(C) A district shall not charge tuition for children admitted	185
under division (B)(1) or (3) of this section. If the district	186
admits a child under division (B)(2) of this section, tuition	187
shall be paid to the district that admits the child as provided in	188
divisions (C)(1) to (3) of this section, unless division (C)(4) of	189
this section applies to the child:	190

(1) If the child receives special education in accordance	191
with Chapter 3323. of the Revised Code, the school district of	192
residence, as defined in section 3323.01 of the Revised Code,	193
shall pay tuition for the child in accordance with section	194
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	195
regardless of who has custody of the child or whether the child	196
resides in a home.	197

(2) For a child that does not receive special education in	198
accordance with Chapter 3323. of the Revised Code, except as	199
otherwise provided in division (C)(2)(d) of this section, if the	200
child is in the permanent or legal custody of a government agency	201
or person other than the child's parent, tuition shall be paid by:	202

(a) The district in which the child's parent resided at the	203
time the court removed the child from home or at the time the	204
court vested legal or permanent custody of the child in the person	205
or government agency, whichever occurred first;	206

(b) If the parent's residence at the time the court removed	207
the child from home or placed the child in the legal or permanent	208
custody of the person or government agency is unknown, tuition	209
shall be paid by the district in which the child resided at the	210
time the child was removed from home or placed in legal or	211
permanent custody, whichever occurred first;	212

(c) If a school district cannot be established under division	213
(C)(2)(a) or (b) of this section, tuition shall be paid by the	214
district determined as required by section 2151.362 of the Revised	215
Code by the court at the time it vests custody of the child in the	216
person or government agency;	217

(d) If at the time the court removed the child from home or	218
vested legal or permanent custody of the child in the person or	219
government agency, whichever occurred first, one parent was in a	220
residential or correctional facility or a juvenile residential	221
placement and the other parent, if living and not in such a	222
facility or placement, was not known to reside in this state,	223
tuition shall be paid by the district determined under division	224
(D) of section 3313.65 of the Revised Code as the district	225
required to pay any tuition while the parent was in such facility	226
or placement;	227

(e) If the department of education has determined, pursuant	228
to division (A)(2) of section 2151.362 of the Revised Code, that a	229
school district other than the one named in the court's initial	230
order, or in a prior determination of the department, is	231
responsible to bear the cost of educating the child, the district	232
so determined shall be responsible for that cost.	233

(3) If the child is not in the permanent or legal custody of	234
a government agency or person other than the child's parent and	235
the child resides in a home, tuition shall be paid by one of the	236
following:	237

(a) The school district in which the child's parent resides;

238

(b) If the child's parent is not a resident of this state,	239
the home in which the child resides.	240

(4) Division (C)(4) of this section applies to any child who	241
is admitted to a school district under division (B)(2) of this	242
section, resides in a home that is not a foster home or a home	243
maintained by the department of youth services, receives	244
educational services at the home in which the child resides	245
pursuant to a contract between the home and the school district	246
providing those services, and does not receive special education.	247

In the case of a child to which division (C)(4) of this	248
section applies, the total educational cost to be paid for the	249
child shall be determined by a formula approved by the department	250
of education, which formula shall be designed to calculate a per	251
diem cost for the educational services provided to the child for	252
each day the child is served and shall reflect the total actual	253
cost incurred in providing those services. The department shall	254
certify the total educational cost to be paid for the child to	255
both the school district providing the educational services and,	256
if different, the school district that is responsible to pay	257
tuition for the child. The department shall deduct the certified	258
amount from the state basic aid funds payable under Chapter 3317.	259
of the Revised Code to the district responsible to pay tuition and	260
shall pay that amount to the district providing the educational	261
services to the child.	262

(D) Tuition required to be paid under divisions (C)(2) and	263
(3)(a) of this section shall be computed in accordance with	264
section 3317.08 of the Revised Code. Tuition required to be paid	265
under division (C)(3)(b) of this section shall be computed in	266
accordance with section 3317.081 of the Revised Code. If a home	267
fails to pay the tuition required by division (C)(3)(b) of this	268
section, the board of education providing the education may	269
recover in a civil action the tuition and the expenses incurred in	270
prosecuting the action, including court costs and reasonable	271
attorney's fees. If the prosecuting attorney or city director of	272
law represents the board in such action, costs and reasonable	273
attorney's fees awarded by the court, based upon the prosecuting	274
attorney's, director's, or one of their designee's time spent	275
preparing and presenting the case, shall be deposited in the	276
county or city general fund.	277

(E) A board of education may enroll a child free of any	278
tuition obligation for a period not to exceed sixty days, on the	279
sworn statement of an adult resident of the district that the	280
resident has initiated legal proceedings for custody of the child.	281

(F) In the case of any individual entitled to attend school	282
under this division, no tuition shall be charged by the school	283
district of attendance and no other school district shall be	284
required to pay tuition for the individual's attendance.	285
Notwithstanding division (B), (C), or (E) of this section:	286

(1) All persons at least eighteen but under twenty-two years	287
of age who live apart from their parents, support themselves by	288
their own labor, and have not successfully completed the high	289
school curriculum or the individualized education program	290
developed for the person by the high school pursuant to section	291
3323.08 of the Revised Code, are entitled to attend school in the	292
district in which they reside.	293

(2) Any child under eighteen years of age who is married is	294
entitled to attend school in the child's district of residence.	295

(3) A child is entitled to attend school in the district in	296
which either of the child's parents is employed if the child has a	297
medical condition that may require emergency medical attention.	298
The parent of a child entitled to attend school under division	299
(F)(3) of this section shall submit to the board of education of	300
the district in which the parent is employed a statement from the	301
child's physician certifying that the child's medical condition	302
may require emergency medical attention. The statement shall be	303
supported by such other evidence as the board may require.	304

(4) Any child residing with a person other than the child's	305
parent is entitled, for a period not to exceed twelve months, to	306
attend school in the district in which that person resides if the	307
child's parent files an affidavit with the superintendent of the	308
district in which the person with whom the child is living resides	309
stating all of the following:	310

(a) That the parent is serving outside of the state in the	311
armed services of the United States;	312

(b) That the parent intends to reside in the district upon	313
returning to this state;	314

(c) The name and address of the person with whom the child is	315
living while the parent is outside the state.	316

(5) Any child under the age of twenty-two years who, after	317
the death of a parent, resides in a school district other than the	318
district in which the child attended school at the time of the	319
parent's death is entitled to continue to attend school in the	320
district in which the child attended school at the time of the	321
parent's death for the remainder of the school year, subject to	322
approval of that district board.	323

(6) A child under the age of twenty-two years who resides	324
with a parent who is having a new house built in a school district	325
outside the district where the parent is residing is entitled to	326
attend school for a period of time in the district where the new	327
house is being built. In order to be entitled to such attendance,	328
the parent shall provide the district superintendent with the	329
following:	330

(a) A sworn statement explaining the situation, revealing the	331
location of the house being built, and stating the parent's	332
intention to reside there upon its completion;	333

(b) A statement from the builder confirming that a new house	334
is being built for the parent and that the house is at the	335
location indicated in the parent's statement.	336

(7) A child under the age of twenty-two years residing with a	337
parent who has a contract to purchase a house in a school district	338
outside the district where the parent is residing and who is	339
waiting upon the date of closing of the mortgage loan for the	340
purchase of such house is entitled to attend school for a period	341
of time in the district where the house is being purchased. In	342
order to be entitled to such attendance, the parent shall provide	343
the district superintendent with the following:	344

(a) A sworn statement explaining the situation, revealing the	345
location of the house being purchased, and stating the parent's	346
intent to reside there;	347

(b) A statement from a real estate broker or bank officer	348
confirming that the parent has a contract to purchase the house,	349
that the parent is waiting upon the date of closing of the	350
mortgage loan, and that the house is at the location indicated in	351
the parent's statement.	352

The district superintendent shall establish a period of time	353
not to exceed ninety days during which the child entitled to	354
attend school under division (F)(6) or (7) of this section may	355
attend without tuition obligation. A student attending a school	356
under division (F)(6) or (7) of this section shall be eligible to	357
participate in interscholastic athletics under the auspices of	358
that school, provided the board of education of the school	359
district where the student's parent resides, by a formal action,	360
releases the student to participate in interscholastic athletics	361
at the school where the student is attending, and provided the	362
student receives any authorization required by a public agency or	363
private organization of which the school district is a member	364
exercising authority over interscholastic sports.	365

(8) A child whose parent is a full-time employee of a city,	366
local, or exempted village school district, or of an educational	367
service center, may be admitted to the schools of the district	368
where the child's parent is employed, or in the case of a child	369
whose parent is employed by an educational service center, in the	370
district that serves the location where the parent's job is	371
primarily located, provided the district board of education	372
establishes such an admission policy by resolution adopted by a	373
majority of its members. Any such policy shall take effect on the	374
first day of the school year and the effective date of any	375
amendment or repeal may not be prior to the first day of the	376
subsequent school year. The policy shall be uniformly applied to	377
all such children and shall provide for the admission of any such	378
child upon request of the parent. No child may be admitted under	379
this policy after the first day of classes of any school year.	380

(9) A child who is with the child's parent under the care of	381
a shelter for victims of domestic violence, as defined in section	382
3113.33 of the Revised Code, is entitled to attend school free in	383
the district in which the child is with the child's parent, and no	384
other school district shall be required to pay tuition for the	385
child's attendance in that school district.	386

The enrollment of a child in a school district under this	387
division shall not be denied due to a delay in the school	388
district's receipt of any records required under section 3313.672	389
of the Revised Code or any other records required for enrollment.	390
Any days of attendance and any credits earned by a child while	391
enrolled in a school district under this division shall be	392
transferred to and accepted by any school district in which the	393
child subsequently enrolls. The state board of education shall	394
adopt rules to ensure compliance with this division.	395

(10) Any child under the age of twenty-two years whose parent	396
has moved out of the school district after the commencement of	397
classes in the child's senior year of high school is entitled,	398
subject to the approval of that district board, to attend school	399
in the district in which the child attended school at the time of	400
the parental move for the remainder of the school year and for one	401
additional semester or equivalent term. A district board may also	402
adopt a policy specifying extenuating circumstances under which a	403
student may continue to attend school under division (F)(10) of	404
this section for an additional period of time in order to	405
successfully complete the high school curriculum for the	406
individualized education program developed for the student by the	407
high school pursuant to section 3323.08 of the Revised Code.	408

(11) As used in this division, "grandparent" means a parent	409
of a parent of a child. A child under the age of twenty-two years	410
who is in the custody of the child's parent, resides with a	411
grandparent, and does not require special education is entitled to	412
attend the schools of the district in which the child's	413
grandparent resides, provided that, prior to such attendance in	414
any school year, the board of education of the school district in	415
which the child's grandparent resides and the board of education	416
of the school district in which the child's parent resides enter	417
into a written agreement specifying that good cause exists for	418
such attendance, describing the nature of this good cause, and	419
consenting to such attendance.	420

In lieu of a consent form signed by a parent, a board of	421
education may request the grandparent of a child attending school	422
in the district in which the grandparent resides pursuant to	423
division (F)(11) of this section to complete any consent form	424
required by the district, including any authorization required by	425
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	426
Code. Upon request, the grandparent shall complete any consent	427
form required by the district. A school district shall not incur	428
any liability solely because of its receipt of a consent form from	429
a grandparent in lieu of a parent.	430

Division (F)(11) of this section does not create, and shall	431
not be construed as creating, a new cause of action or substantive	432
legal right against a school district, a member of a board of	433
education, or an employee of a school district. This section does	434
not affect, and shall not be construed as affecting, any	435
immunities from defenses to tort liability created or recognized	436
by Chapter 2744. of the Revised Code for a school district,	437
member, or employee.	438

(12) A child under the age of twenty-two years is entitled to	439
attend school in a school district other than the district in	440
which the child is entitled to attend school under division (B),	441
(C), or (E) of this section provided that, prior to such	442
attendance in any school year, both of the following occur:	443

(a) The superintendent of the district in which the child is	444
entitled to attend school under division (B), (C), or (E) of this	445
section contacts the superintendent of another district for	446
purposes of this division;	447

(b) The superintendents of both districts enter into a	448
written agreement that consents to the attendance and specifies	449
that the purpose of such attendance is to protect the student's	450
physical or mental well-being or to deal with other extenuating	451
circumstances deemed appropriate by the superintendents.	452

While an agreement is in effect under this division for a	453
student who is not receiving special education under Chapter 3323.	454
of the Revised Code and notwithstanding Chapter 3327. of the	455
Revised Code, the board of education of neither school district	456
involved in the agreement is required to provide transportation	457
for the student to and from the school where the student attends.	458

A student attending a school of a district pursuant to this	459
division shall be allowed to participate in all student	460
activities, including interscholastic athletics, at the school	461
where the student is attending on the same basis as any student	462
who has always attended the schools of that district while of	463
compulsory school age.	464

(13) All school districts shall comply with the	465
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	466
seq., for the education of homeless children. Each city, local,	467
and exempted village school district shall comply with the	468
requirements of that act governing the provision of a free,	469
appropriate public education, including public preschool, to each	470
homeless child.	471

When a child loses permanent housing and becomes a homeless	472
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	473
such a homeless person changes temporary living arrangements, the	474
child's parent or guardian shall have the option of enrolling the	475
child in either of the following:	476

(a) The child's school of origin, as defined in 42 U.S.C.A.	477
11432(g)(3)(C);	478

(b) The school that is operated by the school district in	479
which the shelter where the child currently resides is located and	480
that serves the geographic area in which the shelter is located.	481

(14) A child under the age of twenty-two years who resides	482
with a person other than the child's parent is entitled to attend	483
school in the school district in which that person resides if both	484
of the following apply:	485

(a) That person has been appointed, through a military power	486
of attorney executed under section 574(a) of the "National Defense	487
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	488
U.S.C. 1044b, or through a comparable document necessary to	489
complete a family care plan, as the parent's agent for the care,	490
custody, and control of the child while the parent is on active	491
duty as a member of the national guard or a reserve unit of the	492
armed forces of the United States or because the parent is a	493
member of the armed forces of the United States and is on a duty	494
assignment away from the parent's residence.	495

(b) The military power of attorney or comparable document	496
includes at least the authority to enroll the child in school.	497

The entitlement to attend school in the district in which the	498
parent's agent under the military power of attorney or comparable	499
document resides applies until the end of the school year in which	500
the military power of attorney or comparable document expires.	501

(G) A board of education, after approving admission, may	502
waive tuition for students who will temporarily reside in the	503
district and who are either of the following:	504

(1) Residents or domiciliaries of a foreign nation who	505
request admission as foreign exchange students;	506

(2) Residents or domiciliaries of the United States but not	507
of Ohio who request admission as participants in an exchange	508
program operated by a student exchange organization.	509

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	510
3327.04, and 3327.06 of the Revised Code, a child may attend	511
school or participate in a special education program in a school	512
district other than in the district where the child is entitled to	513
attend school under division (B) of this section.	514

(I)(1) Notwithstanding anything to the contrary in this	515
section or section 3313.65 of the Revised Code, a child under	516
twenty-two years of age may attend school in the school district	517
in which the child, at the end of the first full week of October	518
of the school year, was entitled to attend school as otherwise	519
provided under this section or section 3313.65 of the Revised	520
Code, if at that time the child was enrolled in the schools of the	521
district but since that time the child or the child's parent has	522
relocated to a new address located outside of that school district	523
and within the same county as the child's or parent's address	524
immediately prior to the relocation. The child may continue to	525
attend school in the district, and at the school to which the	526
child was assigned at the end of the first full week of October of	527
the current school year, for the balance of the school year.	528
Division (I)(1) of this section applies only if both of the	529
following conditions are satisfied:	530

(a) The board of education of the school district in which	531
the child was entitled to attend school at the end of the first	532
full week in October and of the district to which the child or	533
child's parent has relocated each has adopted a policy to enroll	534
children described in division (I)(1) of this section.	535

(b) The child's parent provides written notification of the	536
relocation outside of the school district to the superintendent of	537
each of the two school districts.	538

(2) At the beginning of the school year following the school	539
year in which the child or the child's parent relocated outside of	540
the school district as described in division (I)(1) of this	541
section, the child is not entitled to attend school in the school	542
district under that division.	543

(3) Any person or entity owing tuition to the school district	544
on behalf of the child at the end of the first full week in	545
October, as provided in division (C) of this section, shall	546
continue to owe such tuition to the district for the child's	547
attendance under division (I)(1) of this section for the lesser of	548
the balance of the school year or the balance of the time that the	549
child attends school in the district under division (I)(1) of this	550
section.	551

(4)(a) A pupil who may attend school in the district under	552
division (I)(1) of this section shall be entitled to	553
transportation services pursuant to an agreement between the	554
district and the district in which the child or child's parent has	555
relocated unless.	556

(b) If the districts have not entered into such an agreement,	557
in which case the child shall be entitled to transportation	558
services in the same manner as a pupil attending school in the	559
district under interdistrict open enrollment as described in	560
division (H) of section 3313.981 of the Revised Code, regardless	561
of whether the district has adopted an open enrollment policy as	562
described in division (B)(1)(b) or (c) of section 3313.98 of the	563
Revised Codethe district in which the pupil is attending school	564
shall provide transportation for the pupil within the boundaries	565
of that district upon the request of a parent, provided the	566
district offers transportation to pupils of the same grade level	567
and distance from school under section 3327.01 of the Revised	568
Code, and provided that the district shall be required to pick up	569
and drop off a nondisabled student only at a regular school bus	570
stop designated in accordance with the district's transportation	571
policy. Pursuant to rules of the state board of education, the	572
district may reimburse the parent from funds received under	573
section 3317.0212 of the Revised Code for the reasonable cost of	574
transportation from the pupil's home to the designated school bus	575
stop if the pupil's family has an income below the federal poverty	576
line.	577

(J) This division does not apply to a child receiving special	578
education.	579

A school district required to pay tuition pursuant to	580
division (C)(2) or (3) of this section or section 3313.65 of the	581
Revised Code shall have an amount deducted under division (C) of	582
section 3317.023 of the Revised Code equal to its own tuition rate	583
for the same period of attendance. A school district entitled to	584
receive tuition pursuant to division (C)(2) or (3) of this section	585
or section 3313.65 of the Revised Code shall have an amount	586
credited under division (C) of section 3317.023 of the Revised	587
Code equal to its own tuition rate for the same period of	588
attendance. If the tuition rate credited to the district of	589
attendance exceeds the rate deducted from the district required to	590
pay tuition, the department of education shall pay the district of	591
attendance the difference from amounts deducted from all	592
districts' payments under division (C) of section 3317.023 of the	593
Revised Code but not credited to other school districts under such	594
division and from appropriations made for such purpose. The	595
treasurer of each school district shall, by the fifteenth day of	596
January and July, furnish the superintendent of public instruction	597
a report of the names of each child who attended the district's	598
schools under divisions (C)(2) and (3) of this section or section	599
3313.65 of the Revised Code during the preceding six calendar	600
months, the duration of the attendance of those children, the	601
school district responsible for tuition on behalf of the child,	602
and any other information that the superintendent requires.	603

Upon receipt of the report the superintendent, pursuant to	604
division (C) of section 3317.023 of the Revised Code, shall deduct	605
each district's tuition obligations under divisions (C)(2) and (3)	606
of this section or section 3313.65 of the Revised Code and pay to	607
the district of attendance that amount plus any amount required to	608
be paid by the state.	609

(K) In the event of a disagreement, the superintendent of	610
public instruction shall determine the school district in which	611
the parent resides.	612

(L) Nothing in this section requires or authorizes, or shall	613
be construed to require or authorize, the admission to a public	614
school in this state of a pupil who has been permanently excluded	615
from public school attendance by the superintendent of public	616
instruction pursuant to sections 3301.121 and 3313.662 of the	617
Revised Code.	618

(M) In accordance with division (B)(1) of this section, a	619
child whose parent is a member of the national guard or a reserve	620
unit of the armed forces of the United States and is called to	621
active duty, or a child whose parent is a member of the armed	622
forces of the United States and is ordered to a temporary duty	623
assignment outside of the district, may continue to attend school	624
in the district in which the child's parent lived before being	625
called to active duty or ordered to a temporary duty assignment	626
outside of the district, as long as the child's parent continues	627
to be a resident of that district, and regardless of where the	628
child lives as a result of the parent's active duty status or	629
temporary duty assignment. However, the district is not	630
responsible for providing transportation for the child if the	631
child lives outside of the district as a result of the parent's	632
active duty status or temporary duty assignment.	633

Sec. 3313.97.  Notwithstanding division (D) of section	634
3311.19 and division (D) of section 3311.52 of the Revised Code,	635
this section does not apply to any joint vocational or cooperative	636
education school district.	637

(A) As used in this section:

638

(1) "Parent" has the same meaning as in section 3313.64	639
3310.01 of the Revised Code.	640

(2) "Alternative school" means a school building other than	641
the one to which a student is assigned by the district	642
superintendent.	643

(3) "IEP" has the same meaning as in section 3323.01 of the	644
Revised Code.	645

(B) The board of education of each city, local, and exempted	646
village school district shall adopt an open enrollment policy	647
allowing students entitled to attend school in the district	648
pursuant to section 3313.64 or 3313.65 of the Revised Code to	649
enroll in an alternative school. Each policy shall provide for the	650
following:	651

(1) Application procedures, including deadlines for	652
application and for notification of students and principals of	653
alternative schools whenever a student's application is accepted.	654
The policy shall require a student to apply only if the student	655
wishes to attend an alternative school.	656

(2) The establishment of district capacity limits by grade	657
level, school building, and education program;	658

(3) A requirement that students enrolled in a school building	659
or living in any attendance area of the school building	660
established by the superintendent or board be given preference	661
over applicants;	662

(4) Procedures to ensure that an appropriate racial balance	663
is maintained in the district schools.	664

Each policy may permit a student to permanently transfer to	665
an alternative school so that the student need not reapply	666
annually for permission to attend the alternative school.	667

(C) Except as provided in section 3313.982 of the Revised	668
Code, the procedures for admitting applicants to alternative	669
schools shall not include:	670

(1) Any requirement of academic ability, or any level of	671
athletic, artistic, or other extracurricular skills;	672

(2) Limitations on admitting applicants because of disabling	673
conditions, except that a board may require a student receiving	674
services under Chapter 3323. of the Revised Code to attend school	675
where the services described in the student's IEP are available;	676

(3) A requirement that the student be proficient in the	677
English language;	678

(4) Rejection of any applicant because the student has been	679
subject to disciplinary proceedings, except that if an applicant	680
has been suspended or expelled for ten consecutive days or more in	681
the term for which admission is sought or in the term immediately	682
preceding the term for which admission is sought, the procedures	683
may include a provision denying admission of such applicant to an	684
alternative school.	685

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	686
except as provided in division (D)(2) of this section, a district	687
board is not required to provide transportation to a nondisabled	688
student enrolled in an alternative school unless such student can	689
be picked up and dropped off at a regular school bus stop	690
designated in accordance with the board's transportation policy or	691
unless the board is required to provide additional transportation	692
to the student in accordance with a court-approved desegregation	693
plan.	694

(2) A district board shall provide transportation to any	695
student described in 20 U.S.C. 6316(b)(1)(F) to the extent	696
required by division (E) of section 3302.04 of the Revised Code,	697
except that no district board shall be required to provide	698
transportation to any such student after the school in which the	699
student was enrolled immediately prior to enrolling in the	700
alternative school makes adequate yearly progress, as defined in	701
section 3302.01 of the Revised Code, for two consecutive school	702
years.	703

(E) Each school board shall provide information about the	704
policy adopted under this section and the application procedures	705
and deadlines to the parent of each student in the district and to	706
the general public.	707

(F) The state board of education shall monitor school	708
districts to ensure compliance with this section and the	709
districts' policies.	710

Sec. 3313.974.  As used in this section and in sections	711
3313.975 to 3313.979 of the Revised Code:	712

(A) "Individualized education program" and "child with a	713
disability" have the same meanings as in section 3323.01 of the	714
Revised Code.	715

(B) "Mainstreamed student with a disability" means a child	716
with a disability who has an individualized education program	717
providing for the student to spend more than half of each school	718
day in a regular school setting with nondisabled students.	719

(C) "Separately educated student with a disability" means a	720
child with a disability who has an individualized education	721
program providing for the student to spend at least half of each	722
school day in a class or setting separated from nondisabled	723
students.	724

(D) "Low-income family" means a family whose income is below	725
the level which the superintendent of public instruction shall	726
establish.	727

(E) "Parent" has the same meaning as in section 3313.98	728
3310.01 of the Revised Code.	729

(F) "Registered private school" means a school registered	730
with the superintendent of public instruction pursuant to section	731
3313.976 of the Revised Code.	732

(G) "Alternative school" means a registered private school	733
located in a school district or a public school located in an	734
adjacent school district.	735

(H) "Tutorial assistance" means instructional services	736
provided to a student outside of regular school hours approved by	737
the commission on school choice pursuant to section 3313.976 of	738
the Revised Code.	739

Sec. 3313.982.  Notwithstanding division (C)(1) of section	740
3313.97 and division (C)(1) of section 3313.98 of the Revised	741
Code:	742

(A) Any school district board operating any schools on	743
October 1, 1989, admission to which was restricted to students	744
possessing certain academic, athletic, artistic, or other skills,	745
may continue to restrict admission to such schools.	746

(B) Any district board that did not operate any schools	747
described by division (A) of this section on October 1, 1989, and	748
that desires to begin restricting admission to any school on the	749
basis of student academic, athletic, artistic, or other skills,	750
may submit a plan proposing such restricted admission to the state	751
board of education. If the board finds that the plan will	752
generally promote increased educational opportunities for students	753
in the district and will not unduly restrict opportunities for	754
some students, it may approve the plan and the district board may	755
implement it during the next ensuing school year.	756

Sec. 3314.07.  (A) The expiration of the contract for a	757
community school between a sponsor and a school shall be the date	758
provided in the contract. A successor contract may be entered into	759
pursuant to division (E) of section 3314.03 of the Revised Code	760
unless the contract is terminated or not renewed pursuant to this	761
section.	762

(B)(1) A sponsor may choose not to renew a contract at its	763
expiration or may choose to terminate a contract prior to its	764
expiration for any of the following reasons:	765

(a) Failure to meet student performance requirements stated	766
in the contract;	767

(b) Failure to meet generally accepted standards of fiscal	768
management;	769

(c) Violation of any provision of the contract or applicable	770
state or federal law;	771

(d) Other good cause.

772

(2) A sponsor may choose to terminate a contract prior to its	773
expiration if the sponsor has suspended the operation of the	774
contract under section 3314.072 of the Revised Code.	775

(3) Not later than the first day of February in the year in	776
which the sponsor intends to terminate or take actions not to	777
renew the community school's contract, the sponsor shall notify	778
the school of the proposed action in writing. The notice shall	779
include the reasons for the proposed action in detail, the	780
effective date of the termination or nonrenewal, and a statement	781
that the school may, within fourteen days of receiving the notice,	782
request an informal hearing before the sponsor. Such request must	783
be in writing. The informal hearing shall be held within fourteen	784
days of the receipt of a request for the hearing. Not later than	785
fourteen days after the informal hearing, the sponsor shall issue	786
a written decision either affirming or rescinding the decision to	787
terminate or not renew the contract.	788

(4) A decision by the sponsor to terminate a contract may be	789
appealed to the state board of education. The notice of appeal	790
shall be filed with the state board not later than fourteen days	791
following receipt of the sponsor's written decision to terminate	792
the contract. Within sixty days of receipt of the notice of	793
appeal, the state board shall conduct a hearing and issue a	794
written decision on the appeal. The written decision of the state	795
board shall include the reasons for affirming or rescinding the	796
decision of the sponsor. The decision by the state board	797
pertaining to an appeal under this division is final. If the	798
sponsor is the state board, its decision to terminate a contract	799
under division (B)(3) of this section shall be final.	800

(5) The termination of a contract under this section shall be	801
effective upon the occurrence of the later of the following	802
events:	803

(a) The date the sponsor notifies the school of its decision	804
to terminate the contract as prescribed in division (B)(3) of this	805
section;	806

(b) If an informal hearing is requested under division (B)(3)	807
of this section and as a result of that hearing the sponsor	808
affirms its decision to terminate the contract, the effective date	809
of the termination specified in the notice issued under division	810
(B)(3) of this section, or if that decision is appealed to the	811
state board under division (B)(4) of this section and the state	812
board affirms that decision, the date established in the	813
resolution of the state board affirming the sponsor's decision.	814

(6) Any community school whose contract is terminated under	815
division (B) of this section shall close permanently at the end of	816
the current school year or on a date specified in the notification	817
of termination under division (B)(3) of this section. Any	818
community school whose contract is terminated under this division	819
shall not enter into a contract with any other sponsor.	820

(C) A child attending a community school whose contract has	821
been terminated, nonrenewed, or suspended or that closes for any	822
reason shall be admitted to the schools of the district in which	823
the child is entitled to attend under section 3313.64 or 3313.65	824
of the Revised Code. Any deadlines established for the purpose of	825
admitting students under section 3313.97 or 3313.98 of the Revised	826
Code shall be waived for students to whom this division pertains.	827

(D) If a community school does not intend to renew a contract	828
with its sponsor, the community school shall notify its sponsor in	829
writing of that fact at least one hundred eighty days prior to the	830
expiration of the contract. Such a community school may enter into	831
a contract with a new sponsor in accordance with section 3314.03	832
of the Revised Code upon the expiration of the previous contract.	833

(E) A sponsor of a community school and the officers,	834
directors, or employees of such a sponsor are immune from civil	835
liability for any action authorized under this chapter or the	836
contract entered into with the school under section 3314.03 of the	837
Revised Code that is taken to fulfill the sponsor's responsibility	838
to oversee and monitor the school. The sponsor and its officers,	839
directors, or employees are not liable in damages in a tort or	840
other civil action for harm allegedly arising from either of the	841
following:	842

(1) A failure of the community school or any of its officers,	843
directors, or employees to perform any statutory or common law	844
duty or responsibility or any other legal obligation;	845

(2) An action or omission of the community school or any of	846
its officers, directors, or employees that results in harm.	847

(F) As used in this section:

848

(1) "Harm" means injury, death, or loss to person or	849
property.	850

(2) "Tort action" means a civil action for damages for	851
injury, death, or loss to person or property other than a civil	852
action for damages for a breach of contract or another agreement	853
between persons.	854

Sec. 3315.18.  (A) The board of education of each city,	855
exempted village, local, and joint vocational school district	856
shall establish a capital and maintenance fund. Each board	857
annually shall deposit into that fund an amount derived from	858
revenues received by the district that would otherwise have been	859
deposited in the general fund that is equal to three per cent of	860
the formula amount for the preceding fiscal year, as defined in	861
section 3317.02 of the Revised Code, or another percentage if	862
established by the auditor of state under division (B) of this	863
section, multiplied by the district's student population for the	864
preceding fiscal year, except that money received from a permanent	865
improvement levy authorized by section 5705.21 of the Revised Code	866
may replace general revenue moneys in meeting the requirements of	867
this section. Money in the fund shall be used solely for	868
acquisition, replacement, enhancement, maintenance, or repair of	869
permanent improvements, as that term is defined in section 5705.01	870
of the Revised Code. Any money in the fund that is not used in any	871
fiscal year shall carry forward to the next fiscal year.	872

(B) The state superintendent of public instruction and the	873
auditor of state jointly shall adopt rules in accordance with	874
Chapter 119. of the Revised Code defining what constitutes	875
expenditures permitted by division (A) of this section. The	876
auditor of state may designate a percentage, other than three per	877
cent, of the formula amount multiplied by the district's student	878
population that must be deposited into the fund.	879

(C) Within its capital and maintenance fund, a school	880
district board of education may establish a separate account	881
solely for the purpose of depositing funds transferred from the	882
district's reserve balance account established under former	883
division (H) of section 5705.29 of the Revised Code. After April	884
10, 2001, a board may deposit all or part of the funds formerly	885
included in such reserve balance account in the separate account	886
established under this section. Funds deposited in this separate	887
account and interest on such funds shall be utilized solely for	888
the purpose of providing the district's portion of the basic	889
project costs of any project undertaken in accordance with Chapter	890
3318. of the Revised Code.	891

(D)(1) Notwithstanding division (A) of this section, in any	892
year a district is in fiscal emergency status as declared pursuant	893
to section 3316.03 of the Revised Code, the district may deposit	894
an amount less than required by division (A) of this section, or	895
make no deposit, into the district capital and maintenance fund	896
for that year.	897

(2) Notwithstanding division (A) of this section, in any	898
fiscal year that a school district is either in fiscal watch	899
status, as declared pursuant to section 3316.03 of the Revised	900
Code, or in fiscal caution status, as declared pursuant to section	901
3316.031 of the Revised Code, the district may apply to the	902
superintendent of public instruction for a waiver from the	903
requirements of division (A) of this section, under which the	904
district may be permitted to deposit an amount less than required	905
by that division or permitted to make no deposit into the district	906
capital and maintenance fund for that year. The superintendent may	907
grant a waiver under division (D)(2) of this section if the	908
district demonstrates to the satisfaction of the superintendent	909
that compliance with division (A) of this section that year will	910
create an undue financial hardship on the district.	911

(3) Notwithstanding division (A) of this section, not more	912
often than one fiscal year in every three consecutive fiscal	913
years, any school district that does not satisfy the conditions	914
for the exemption described in division (D)(1) of this section or	915
the conditions to apply for the waiver described in division	916
(D)(2) of this section may apply to the superintendent of public	917
instruction for a waiver from the requirements of division (A) of	918
this section, under which the district may be permitted to deposit	919
an amount less than required by that division or permitted to make	920
no deposit into the district capital and maintenance fund for that	921
year. The superintendent may grant a waiver under division (D)(3)	922
of this section if the district demonstrates to the satisfaction	923
of the superintendent that compliance with division (A) of this	924
section that year will necessitate the reduction or elimination of	925
a program currently offered by the district that is critical to	926
the academic success of students of the district and that no	927
reasonable alternatives exist for spending reductions in other	928
areas of operation within the district that negate the necessity	929
of the reduction or elimination of that program.	930

(E) Notwithstanding any provision to the contrary in Chapter	931
4117. of the Revised Code, the requirements of this section	932
prevail over any conflicting provisions of agreements between	933
employee organizations and public employers entered into after	934
November 21, 1997.	935

(F) As used in this section, "student population" means the	936
average, daily, full-time equivalent number of students in	937
kindergarten through twelfth grade receiving any educational	938
services from the school district during the first full school	939
week in October, excluding students enrolled in adult education	940
classes, but including all of the following:	941

(1) Adjacent or other district students enrolled in the	942
district under an open enrollment policy pursuant to section	943
3313.98 of the Revised Code;	944

(2) Students receiving services in the district pursuant to a	945
compact, cooperative education agreement, or a contract, but who	946
are entitled to attend school in another district pursuant to	947
section 3313.64 or 3313.65 of the Revised Code;	948

(3)(2) Students for whom tuition is payable pursuant to	949
sections 3317.081 and 3323.141 of the Revised Code.	950

The department of education shall determine a district's	951
student population using data reported to it under section 3317.03	952
of the Revised Code for the applicable fiscal year.	953

Sec. 3317.03.  (A) The superintendent of each city, local,	954
and exempted village school district and of each educational	955
service center shall, for the schools under the superintendent's	956
supervision, certify to the state board of education on or before	957
the fifteenth day of October in each year for the first full	958
school week in October the average daily membership of students	959
receiving services from schools under the superintendent's	960
supervision, and the numbers of other students entitled to attend	961
school in the district under section 3313.64 or 3313.65 of the	962
Revised Code the superintendent is required to report under this	963
section, so that the department of education can calculate the	964
district's formula ADM. If a school under the superintendent's	965
supervision is closed for one or more days during that week due to	966
hazardous weather conditions or other circumstances described in	967
the first paragraph of division (B) of section 3317.01 of the	968
Revised Code, the superintendent may apply to the superintendent	969
of public instruction for a waiver, under which the superintendent	970
of public instruction may exempt the district superintendent from	971
certifying the average daily membership for that school for that	972
week and specify an alternate week for certifying the average	973
daily membership of that school.	974

The average daily membership during such week shall consist	975
of the sum of the following:	976

(1) On an FTE basis, the number of students in grades	977
kindergarten through twelve receiving any educational services	978
from the district, except that the following categories of	979
students shall not be included in the determination:	980

(a) Students enrolled in adult education classes;

981

(b) Adjacent or other district students enrolled in the	982
district under an open enrollment policy pursuant to section	983
3313.98 of the Revised Code;. Division (A)(1)(b) of this section	984
does not apply after June 30, 2015.	985

(c) Students receiving services in the district pursuant to a	986
compact, cooperative education agreement, or a contract, but who	987
are entitled to attend school in another district pursuant to	988
section 3313.64 or 3313.65 of the Revised Code;	989

(d) Students for whom tuition is payable pursuant to sections	990
3317.081 and 3323.141 of the Revised Code;	991

(e) Students receiving services in the district through a	992
scholarship awarded under either section 3310.41 or sections	993
3310.51 to 3310.64 of the Revised Code.	994

(2) On an FTE basis, the number of students entitled to	995
attend school in the district pursuant to section 3313.64 or	996
3313.65 of the Revised Code, but receiving educational services in	997
grades kindergarten through twelve from one or more of the	998
following entities:	999

(a) A community school pursuant to Chapter 3314. of the	1000
Revised Code, including any participation in a college pursuant to	1001
Chapter 3365. of the Revised Code while enrolled in such community	1002
school;	1003

(b) An alternative school pursuant to sections 3313.974 to	1004
3313.979 of the Revised Code as described in division (I)(2)(a) or	1005
(b) of this section;	1006

(c) A college pursuant to Chapter 3365. of the Revised Code,	1007
except when the student is enrolled in the college while also	1008
enrolled in a community school pursuant to Chapter 3314. or a	1009
science, technology, engineering, and mathematics school	1010
established under Chapter 3326. of the Revised Code;	1011

(d) An adjacent or other school district under an open	1012
enrollment policy adopted pursuant to section 3313.98 of the	1013
Revised Code;. Division (A)(2)(d) of this section does not apply	1014
after June 30, 2015.	1015

(e) An educational service center or cooperative education	1016
district;	1017

(f) Another school district under a cooperative education	1018
agreement, compact, or contract;	1019

(g) A chartered nonpublic school with a scholarship paid	1020
under section 3310.08 of the Revised Code;	1021

(h) An alternative public provider or a registered private	1022
provider with a scholarship awarded under either section 3310.41	1023
or sections 3310.51 to 3310.64 of the Revised Code.	1024

As used in this section, "alternative public provider" and	1025
"registered private provider" have the same meanings as in section	1026
3310.41 or 3310.51 of the Revised Code, as applicable.	1027

(i) A science, technology, engineering, and mathematics	1028
school established under Chapter 3326. of the Revised Code,	1029
including any participation in a college pursuant to Chapter 3365.	1030
of the Revised Code while enrolled in the school;	1031

(j) A college-preparatory boarding school established under	1032
Chapter 3328. of the Revised Code.	1033

(3) The number of students enrolled in a joint vocational	1034
school district or under a vocational education compact, excluding	1035
any students entitled to attend school in the district under	1036
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	1037
another school district through an open enrollment policy as	1038
reported under division (A)(2)(d) of this section and then enroll	1039
in a joint vocational school district or under a vocational	1040
education compact;	1041

(4) The number of children with disabilities, other than	1042
preschool children with disabilities, entitled to attend school in	1043
the district pursuant to section 3313.64 or 3313.65 of the Revised	1044
Code who are placed by the district with a county DD board, minus	1045
the number of such children placed with a county DD board in	1046
fiscal year 1998. If this calculation produces a negative number,	1047
the number reported under division (A)(4) of this section shall be	1048
zero.	1049

(B) To enable the department of education to obtain the data	1050
needed to complete the calculation of payments pursuant to this	1051
chapter, in addition to the average daily membership, each	1052
superintendent shall report separately the following student	1053
counts for the same week for which average daily membership is	1054
certified:	1055

(1) The total average daily membership in regular learning	1056
day classes included in the report under division (A)(1) or (2) of	1057
this section for each of the individual grades kindergarten	1058
through twelve in schools under the superintendent's supervision;	1059

(2) The number of all preschool children with disabilities	1060
enrolled as of the first day of December in classes in the	1061
district that are eligible for approval under division (B) of	1062
section 3317.05 of the Revised Code and the number of those	1063
classes, which shall be reported not later than the fifteenth day	1064
of December, in accordance with rules adopted under that section;	1065

(3) The number of children entitled to attend school in the	1066
district pursuant to section 3313.64 or 3313.65 of the Revised	1067
Code who are:	1068

(a) Participating in a pilot project scholarship program	1069
established under sections 3313.974 to 3313.979 of the Revised	1070
Code as described in division (I)(2)(a) or (b) of this section;	1071

(b) Enrolled in a college under Chapter 3365. of the Revised	1072
Code, except when the student is enrolled in the college while	1073
also enrolled in a community school pursuant to Chapter 3314. or a	1074
science, technology, engineering, and mathematics school	1075
established under Chapter 3326. of the Revised Code;	1076

(c) Enrolled in an adjacent or other school district under	1077
section 3313.98 of the Revised Code;. Division (B)(3)(c) of this	1078
section does not apply after June 30, 2015.	1079

(d) Enrolled in a community school established under Chapter	1080
3314. of the Revised Code that is not an internet- or	1081
computer-based community school as defined in section 3314.02 of	1082
the Revised Code, including any participation in a college	1083
pursuant to Chapter 3365. of the Revised Code while enrolled in	1084
such community school;	1085

(e) Enrolled in an internet- or computer-based community	1086
school, as defined in section 3314.02 of the Revised Code,	1087
including any participation in a college pursuant to Chapter 3365.	1088
of the Revised Code while enrolled in the school;	1089

(f) Enrolled in a chartered nonpublic school with a	1090
scholarship paid under section 3310.08 of the Revised Code;	1091

(g) Enrolled in kindergarten through grade twelve in an	1092
alternative public provider or a registered private provider with	1093
a scholarship awarded under section 3310.41 of the Revised Code;	1094

(h) Enrolled as a preschool child with a disability in an	1095
alternative public provider or a registered private provider with	1096
a scholarship awarded under section 3310.41 of the Revised Code;	1097

(i) Participating in a program operated by a county DD board	1098
or a state institution;	1099

(j) Enrolled in a science, technology, engineering, and	1100
mathematics school established under Chapter 3326. of the Revised	1101
Code, including any participation in a college pursuant to Chapter	1102
3365. of the Revised Code while enrolled in the school;	1103

(k) Enrolled in a college-preparatory boarding school	1104
established under Chapter 3328. of the Revised Code.	1105

(4) The number of pupils enrolled in joint vocational	1106
schools;	1107

(5) The combined average daily membership of children with	1108
disabilities reported under division (A)(1) or (2) of this section	1109
receiving special education services for the category one	1110
disability described in division (A) of section 3317.013 of the	1111
Revised Code, including children attending a special education	1112
program operated by an alternative public provider or a registered	1113
private provider with a scholarship awarded under sections 3310.51	1114
to 3310.64 of the Revised Code;	1115

(6) The combined average daily membership of children with	1116
disabilities reported under division (A)(1) or (2) of this section	1117
receiving special education services for category two disabilities	1118
described in division (B) of section 3317.013 of the Revised Code,	1119
including children attending a special education program operated	1120
by an alternative public provider or a registered private provider	1121
with a scholarship awarded under sections 3310.51 to 3310.64 of	1122
the Revised Code;	1123

(7) The combined average daily membership of children with	1124
disabilities reported under division (A)(1) or (2) of this section	1125
receiving special education services for category three	1126
disabilities described in division (C) of section 3317.013 of the	1127
Revised Code, including children attending a special education	1128
program operated by an alternative public provider or a registered	1129
private provider with a scholarship awarded under sections 3310.51	1130
to 3310.64 of the Revised Code;	1131

(8) The combined average daily membership of children with	1132
disabilities reported under division (A)(1) or (2) of this section	1133
receiving special education services for category four	1134
disabilities described in division (D) of section 3317.013 of the	1135
Revised Code, including children attending a special education	1136
program operated by an alternative public provider or a registered	1137
private provider with a scholarship awarded under sections 3310.51	1138
to 3310.64 of the Revised Code;	1139

(9) The combined average daily membership of children with	1140
disabilities reported under division (A)(1) or (2) of this section	1141
receiving special education services for the category five	1142
disabilities described in division (E) of section 3317.013 of the	1143
Revised Code, including children attending a special education	1144
program operated by an alternative public provider or a registered	1145
private provider with a scholarship awarded under sections 3310.51	1146
to 3310.64 of the Revised Code;	1147

(10) The combined average daily membership of children with	1148
disabilities reported under division (A)(1) or (2) and under	1149
division (B)(3)(h) of this section receiving special education	1150
services for category six disabilities described in division (F)	1151
of section 3317.013 of the Revised Code, including children	1152
attending a special education program operated by an alternative	1153
public provider or a registered private provider with a	1154
scholarship awarded under either section 3310.41 or sections	1155
3310.51 to 3310.64 of the Revised Code;	1156

(11) The average daily membership of pupils reported under	1157
division (A)(1) or (2) of this section enrolled in category one	1158
vocational education programs or classes, described in division	1159
(A) of section 3317.014 of the Revised Code, operated by the	1160
school district or by another district, other than a joint	1161
vocational school district, or by an educational service center,	1162
excluding any student reported under division (B)(3)(e) of this	1163
section as enrolled in an internet- or computer-based community	1164
school, notwithstanding division (C) of section 3317.02 of the	1165
Revised Code and division (C)(3) of this section;	1166

(12) The average daily membership of pupils reported under	1167
division (A)(1) or (2) of this section enrolled in category two	1168
vocational education programs or services, described in division	1169
(B) of section 3317.014 of the Revised Code, operated by the	1170
school district or another school district, other than a joint	1171
vocational school district, or by an educational service center,	1172
excluding any student reported under division (B)(3)(e) of this	1173
section as enrolled in an internet- or computer-based community	1174
school, notwithstanding division (C) of section 3317.02 of the	1175
Revised Code and division (C)(3) of this section;	1176

Beginning with fiscal year 2010, vocational education ADM	1177
shall not be used to calculate a district's funding but shall be	1178
reported under divisions (B)(11) and (12) of this section for	1179
statistical purposes.	1180

(13) The average number of children transported by the school	1181
district on board-owned or contractor-owned and -operated buses,	1182
reported in accordance with rules adopted by the department of	1183
education;	1184

(14)(a) The number of children, other than preschool children	1185
with disabilities, the district placed with a county DD board in	1186
fiscal year 1998;	1187

(b) The number of children with disabilities, other than	1188
preschool children with disabilities, placed with a county DD	1189
board in the current fiscal year to receive special education	1190
services for the category one disability described in division (A)	1191
of section 3317.013 of the Revised Code;	1192

(c) The number of children with disabilities, other than	1193
preschool children with disabilities, placed with a county DD	1194
board in the current fiscal year to receive special education	1195
services for category two disabilities described in division (B)	1196
of section 3317.013 of the Revised Code;	1197

(d) The number of children with disabilities, other than	1198
preschool children with disabilities, placed with a county DD	1199
board in the current fiscal year to receive special education	1200
services for category three disabilities described in division (C)	1201
of section 3317.013 of the Revised Code;	1202

(e) The number of children with disabilities, other than	1203
preschool children with disabilities, placed with a county DD	1204
board in the current fiscal year to receive special education	1205
services for category four disabilities described in division (D)	1206
of section 3317.013 of the Revised Code;	1207

(f) The number of children with disabilities, other than	1208
preschool children with disabilities, placed with a county DD	1209
board in the current fiscal year to receive special education	1210
services for the category five disabilities described in division	1211
(E) of section 3317.013 of the Revised Code;	1212

(g) The number of children with disabilities, other than	1213
preschool children with disabilities, placed with a county DD	1214
board in the current fiscal year to receive special education	1215
services for category six disabilities described in division (F)	1216
of section 3317.013 of the Revised Code.	1217

(C)(1) The average daily membership in divisions (B)(1) to	1218
(12) of this section shall be based upon the number of full-time	1219
equivalent students. The state board of education shall adopt	1220
rules defining full-time equivalent students and for determining	1221
the average daily membership therefrom for the purposes of	1222
divisions (A), (B), and (D) of this section. Each student enrolled	1223
in kindergarten shall be counted as one full-time equivalent	1224
student regardless of whether the student is enrolled in a	1225
part-day or all-day kindergarten class.	1226

(2) A student enrolled in a community school established	1227
under Chapter 3314., a science, technology, engineering, and	1228
mathematics school established under Chapter 3326., or a	1229
college-preparatory boarding school established under Chapter	1230
3328. of the Revised Code shall be counted in the formula ADM and,	1231
if applicable, the category one, two, three, four, five, or six	1232
special education ADM of the school district in which the student	1233
is entitled to attend school under section 3313.64 or 3313.65 of	1234
the Revised Code for the same proportion of the school year that	1235
the student is counted in the enrollment of the community school,	1236
the science, technology, engineering, and mathematics school, or	1237
the college-preparatory boarding school for purposes of section	1238
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	1239
the number of students reported pursuant to division (B)(3)(d),	1240
(e), (j), or (k) of this section, the department may adjust the	1241
formula ADM of a school district to account for students entitled	1242
to attend school in the district under section 3313.64 or 3313.65	1243
of the Revised Code who are enrolled in a community school, a	1244
science, technology, engineering, and mathematics school, or a	1245
college-preparatory boarding school for only a portion of the	1246
school year.	1247

(3) No child shall be counted as more than a total of one	1248
child in the sum of the average daily memberships of a school	1249
district under division (A), divisions (B)(1) to (12), or division	1250
(D) of this section, except as follows:	1251

(a) A child with a disability described in section 3317.013	1252
of the Revised Code may be counted both in formula ADM and in	1253
category one, two, three, four, five, or six special education ADM	1254
and, if applicable, in category one or two vocational education	1255
ADM. As provided in division (C) of section 3317.02 of the Revised	1256
Code, such a child shall be counted in category one, two, three,	1257
four, five, or six special education ADM in the same proportion	1258
that the child is counted in formula ADM.	1259

(b) A child enrolled in vocational education programs or	1260
classes described in section 3317.014 of the Revised Code may be	1261
counted both in formula ADM and category one or two vocational	1262
education ADM and, if applicable, in category one, two, three,	1263
four, five, or six special education ADM. Such a child shall be	1264
counted in category one or two vocational education ADM in the	1265
same proportion as the percentage of time that the child spends in	1266
the vocational education programs or classes.	1267

(4) Based on the information reported under this section, the	1268
department of education shall determine the total student count,	1269
as defined in section 3301.011 of the Revised Code, for each	1270
school district.	1271

(D)(1) The superintendent of each joint vocational school	1272
district shall certify to the superintendent of public instruction	1273
on or before the fifteenth day of October in each year for the	1274
first full school week in October the formula ADM, for purposes of	1275
section 3318.42 of the Revised Code and for any other purpose	1276
prescribed by law for which "formula ADM" of the joint vocational	1277
district is a factor. If a school operated by the joint vocational	1278
school district is closed for one or more days during that week	1279
due to hazardous weather conditions or other circumstances	1280
described in the first paragraph of division (B) of section	1281
3317.01 of the Revised Code, the superintendent may apply to the	1282
superintendent of public instruction for a waiver, under which the	1283
superintendent of public instruction may exempt the district	1284
superintendent from certifying the formula ADM for that school for	1285
that week and specify an alternate week for certifying the formula	1286
ADM of that school.	1287

The formula ADM, except as otherwise provided in this	1288
division, shall consist of the average daily membership during	1289
such week, on an FTE basis, of the number of students receiving	1290
any educational services from the district, including students	1291
enrolled in a community school established under Chapter 3314. or	1292
a science, technology, engineering, and mathematics school	1293
established under Chapter 3326. of the Revised Code who are	1294
attending the joint vocational district under an agreement between	1295
the district board of education and the governing authority of the	1296
community school or the governing body of the science, technology,	1297
engineering, and mathematics school and are entitled to attend	1298
school in a city, local, or exempted village school district whose	1299
territory is part of the territory of the joint vocational	1300
district.	1301

The following categories of students shall not be included in	1302
the determination made under division (D)(1) of this section:	1303

(a) Students enrolled in adult education classes;

1304

(b) Adjacent or other district joint vocational students	1305
enrolled in the district under an open enrollment policy pursuant	1306
to section 3313.98 of the Revised Code;. Division (D)(1)(b) of	1307
this section does not apply after June 30, 2015.	1308

(c) Students receiving services in the district pursuant to a	1309
compact, cooperative education agreement, or a contract, but who	1310
are entitled to attend school in a city, local, or exempted	1311
village school district whose territory is not part of the	1312
territory of the joint vocational district;	1313

(d) Students for whom tuition is payable pursuant to sections	1314
3317.081 and 3323.141 of the Revised Code.	1315

(2) To enable the department of education to obtain the data	1316
needed to complete the calculation of payments pursuant to this	1317
chapter, in addition to the formula ADM, each superintendent shall	1318
report separately the average daily membership included in the	1319
report under division (D)(1) of this section for each of the	1320
following categories of students for the same week for which	1321
formula ADM is certified:	1322

(a) Students enrolled in each individual grade included in	1323
the joint vocational district schools;	1324

(b) Children with disabilities receiving special education	1325
services for the category one disability described in division (A)	1326
of section 3317.013 of the Revised Code;	1327

(c) Children with disabilities receiving special education	1328
services for the category two disabilities described in division	1329
(B) of section 3317.013 of the Revised Code;	1330

(d) Children with disabilities receiving special education	1331
services for category three disabilities described in division (C)	1332
of section 3317.013 of the Revised Code;	1333

(e) Children with disabilities receiving special education	1334
services for category four disabilities described in division (D)	1335
of section 3317.013 of the Revised Code;	1336

(f) Children with disabilities receiving special education	1337
services for the category five disabilities described in division	1338
(E) of section 3317.013 of the Revised Code;	1339

(g) Children with disabilities receiving special education	1340
services for category six disabilities described in division (F)	1341
of section 3317.013 of the Revised Code;	1342

(h) Students receiving category one vocational education	1343
services, described in division (A) of section 3317.014 of the	1344
Revised Code;	1345

(i) Students receiving category two vocational education	1346
services, described in division (B) of section 3317.014 of the	1347
Revised Code.	1348

The superintendent of each joint vocational school district	1349
shall also indicate the city, local, or exempted village school	1350
district in which each joint vocational district pupil is entitled	1351
to attend school pursuant to section 3313.64 or 3313.65 of the	1352
Revised Code.	1353

(E) In each school of each city, local, exempted village,	1354
joint vocational, and cooperative education school district there	1355
shall be maintained a record of school membership, which record	1356
shall accurately show, for each day the school is in session, the	1357
actual membership enrolled in regular day classes. For the purpose	1358
of determining average daily membership, the membership figure of	1359
any school shall not include any pupils except those pupils	1360
described by division (A) of this section. The record of	1361
membership for each school shall be maintained in such manner that	1362
no pupil shall be counted as in membership prior to the actual	1363
date of entry in the school and also in such manner that where for	1364
any cause a pupil permanently withdraws from the school that pupil	1365
shall not be counted as in membership from and after the date of	1366
such withdrawal. There shall not be included in the membership of	1367
any school any of the following:	1368

(1) Any pupil who has graduated from the twelfth grade of a	1369
public or nonpublic high school;	1370

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

1371

(3) Any pupil who was enrolled in the schools of the district	1372
during the previous school year when assessments were administered	1373
under section 3301.0711 of the Revised Code but did not take one	1374
or more of the assessments required by that section and was not	1375
excused pursuant to division (C)(1) or (3) of that section;	1376

(4) Any pupil who has attained the age of twenty-two years,	1377
except for veterans of the armed services whose attendance was	1378
interrupted before completing the recognized twelve-year course of	1379
the public schools by reason of induction or enlistment in the	1380
armed forces and who apply for reenrollment in the public school	1381
system of their residence not later than four years after	1382
termination of war or their honorable discharge.	1383

If, however, any veteran described by division (E)(4) of this	1384
section elects to enroll in special courses organized for veterans	1385
for whom tuition is paid under the provisions of federal laws, or	1386
otherwise, that veteran shall not be included in average daily	1387
membership.	1388

Notwithstanding division (E)(3) of this section, the	1389
membership of any school may include a pupil who did not take an	1390
assessment required by section 3301.0711 of the Revised Code if	1391
the superintendent of public instruction grants a waiver from the	1392
requirement to take the assessment to the specific pupil and a	1393
parent is not paying tuition for the pupil pursuant to section	1394
3313.6410 of the Revised Code. The superintendent may grant such a	1395
waiver only for good cause in accordance with rules adopted by the	1396
state board of education.	1397

Except as provided in divisions (B)(2) and (F) of this	1398
section, the average daily membership figure of any local, city,	1399
exempted village, or joint vocational school district shall be	1400
determined by dividing the figure representing the sum of the	1401
number of pupils enrolled during each day the school of attendance	1402
is actually open for instruction during the week for which the	1403
average daily membership is being certified by the total number of	1404
days the school was actually open for instruction during that	1405
week. For purposes of state funding, "enrolled" persons are only	1406
those pupils who are attending school, those who have attended	1407
school during the current school year and are absent for	1408
authorized reasons, and those children with disabilities currently	1409
receiving home instruction.	1410

The average daily membership figure of any cooperative	1411
education school district shall be determined in accordance with	1412
rules adopted by the state board of education.	1413

(F)(1) If the formula ADM for the first full school week in	1414
February is at least three per cent greater than that certified	1415
for the first full school week in the preceding October, the	1416
superintendent of schools of any city, exempted village, or joint	1417
vocational school district or educational service center shall	1418
certify such increase to the superintendent of public instruction.	1419
Such certification shall be submitted no later than the fifteenth	1420
day of February. For the balance of the fiscal year, beginning	1421
with the February payments, the superintendent of public	1422
instruction shall use the increased formula ADM in calculating or	1423
recalculating the amounts to be allocated in accordance with	1424
section 3317.022 or 3317.16 of the Revised Code. In no event shall	1425
the superintendent use an increased membership certified to the	1426
superintendent after the fifteenth day of February. Division	1427
(F)(1) of this section does not apply after fiscal year 2006.	1428

(2) If on the first school day of April the total number of	1429
classes or units for preschool children with disabilities that are	1430
eligible for approval under division (B) of section 3317.05 of the	1431
Revised Code exceeds the number of units that have been approved	1432
for the year under that division, the superintendent of schools of	1433
any city, exempted village, or cooperative education school	1434
district or educational service center shall make the	1435
certifications required by this section for that day. If the	1436
department determines additional units can be approved for the	1437
fiscal year within any limitations set forth in the acts	1438
appropriating moneys for the funding of such units, the department	1439
shall approve additional units for the fiscal year on the basis of	1440
such average daily membership. For each unit so approved, the	1441
department shall pay an amount computed in the manner prescribed	1442
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	1443
Code.	1444

(3) If a student attending a community school under Chapter	1445
3314., a science, technology, engineering, and mathematics school	1446
established under Chapter 3326., or a college-preparatory boarding	1447
school established under Chapter 3328. of the Revised Code is not	1448
included in the formula ADM certified for the school district in	1449
which the student is entitled to attend school under section	1450
3313.64 or 3313.65 of the Revised Code, the department of	1451
education shall adjust the formula ADM of that school district to	1452
include the student in accordance with division (C)(2) of this	1453
section, and shall recalculate the school district's payments	1454
under this chapter for the entire fiscal year on the basis of that	1455
adjusted formula ADM. This requirement applies regardless of	1456
whether the student was enrolled, as defined in division (E) of	1457
this section, in the community school, the science, technology,	1458
engineering, and mathematics school, or the college-preparatory	1459
boarding school during the week for which the formula ADM is being	1460
certified.	1461

(4) If a student awarded an educational choice scholarship is	1462
not included in the formula ADM of the school district from which	1463
the department deducts funds for the scholarship under section	1464
3310.08 of the Revised Code, the department shall adjust the	1465
formula ADM of that school district to include the student to the	1466
extent necessary to account for the deduction, and shall	1467
recalculate the school district's payments under this chapter for	1468
the entire fiscal year on the basis of that adjusted formula ADM.	1469
This requirement applies regardless of whether the student was	1470
enrolled, as defined in division (E) of this section, in the	1471
chartered nonpublic school, the school district, or a community	1472
school during the week for which the formula ADM is being	1473
certified.	1474

(5) If a student awarded a scholarship under the Jon Peterson	1475
special needs scholarship program is not included in the formula	1476
ADM of the school district from which the department deducts funds	1477
for the scholarship under section 3310.55 of the Revised Code, the	1478
department shall adjust the formula ADM of that school district to	1479
include the student to the extent necessary to account for the	1480
deduction, and shall recalculate the school district's payments	1481
under this chapter for the entire fiscal year on the basis of that	1482
adjusted formula ADM. This requirement applies regardless of	1483
whether the student was enrolled, as defined in division (E) of	1484
this section, in an alternative public provider, a registered	1485
private provider, or the school district during the week for which	1486
the formula ADM is being certified.	1487

(G)(1)(a) The superintendent of an institution operating a	1488
special education program pursuant to section 3323.091 of the	1489
Revised Code shall, for the programs under such superintendent's	1490
supervision, certify to the state board of education, in the	1491
manner prescribed by the superintendent of public instruction,	1492
both of the following:	1493

(i) The average daily membership of all children with	1494
disabilities other than preschool children with disabilities	1495
receiving services at the institution for each category of	1496
disability described in divisions (A) to (F) of section 3317.013	1497
of the Revised Code;	1498

(ii) The average daily membership of all preschool children	1499
with disabilities in classes or programs approved annually by the	1500
department of education for unit funding under section 3317.05 of	1501
the Revised Code.	1502

(b) The superintendent of an institution with vocational	1503
education units approved under division (A) of section 3317.05 of	1504
the Revised Code shall, for the units under the superintendent's	1505
supervision, certify to the state board of education the average	1506
daily membership in those units, in the manner prescribed by the	1507
superintendent of public instruction.	1508

(2) The superintendent of each county DD board that maintains	1509
special education classes under section 3317.20 of the Revised	1510
Code or units approved pursuant to section 3317.05 of the Revised	1511
Code shall do both of the following:	1512

(a) Certify to the state board, in the manner prescribed by	1513
the board, the average daily membership in classes under section	1514
3317.20 of the Revised Code for each school district that has	1515
placed children in the classes;	1516

(b) Certify to the state board, in the manner prescribed by	1517
the board, the number of all preschool children with disabilities	1518
enrolled as of the first day of December in classes eligible for	1519
approval under division (B) of section 3317.05 of the Revised	1520
Code, and the number of those classes.	1521

(3)(a) If on the first school day of April the number of	1522
classes or units maintained for preschool children with	1523
disabilities by the county DD board that are eligible for approval	1524
under division (B) of section 3317.05 of the Revised Code is	1525
greater than the number of units approved for the year under that	1526
division, the superintendent shall make the certification required	1527
by this section for that day.	1528

(b) If the department determines that additional classes or	1529
units can be approved for the fiscal year within any limitations	1530
set forth in the acts appropriating moneys for the funding of the	1531
classes and units described in division (G)(3)(a) of this section,	1532
the department shall approve and fund additional units for the	1533
fiscal year on the basis of such average daily membership. For	1534
each unit so approved, the department shall pay an amount computed	1535
in the manner prescribed in sections 3317.052 and 3317.053 of the	1536
Revised Code.	1537

(H) Except as provided in division (I) of this section, when	1538
any city, local, or exempted village school district provides	1539
instruction for a nonresident pupil whose attendance is	1540
unauthorized attendance as defined in section 3327.06 of the	1541
Revised Code, that pupil's membership shall not be included in	1542
that district's membership figure used in the calculation of that	1543
district's formula ADM or included in the determination of any	1544
unit approved for the district under section 3317.05 of the	1545
Revised Code. The reporting official shall report separately the	1546
average daily membership of all pupils whose attendance in the	1547
district is unauthorized attendance, and the membership of each	1548
such pupil shall be credited to the school district in which the	1549
pupil is entitled to attend school under division (B) of section	1550
3313.64 or section 3313.65 of the Revised Code as determined by	1551
the department of education.	1552

(I)(1) A city, local, exempted village, or joint vocational	1553
school district admitting a scholarship student of a pilot project	1554
district pursuant to division (C) of section 3313.976 of the	1555
Revised Code may count such student in its average daily	1556
membership.	1557

(2) In any year for which funds are appropriated for pilot	1558
project scholarship programs, a school district implementing a	1559
state-sponsored pilot project scholarship program that year	1560
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	1561
count in average daily membership:	1562

(a) All children residing in the district and utilizing a	1563
scholarship to attend kindergarten in any alternative school, as	1564
defined in section 3313.974 of the Revised Code;	1565

(b) All children who were enrolled in the district in the	1566
preceding year who are utilizing a scholarship to attend an	1567
alternative school.	1568

(J) The superintendent of each cooperative education school	1569
district shall certify to the superintendent of public	1570
instruction, in a manner prescribed by the state board of	1571
education, the applicable average daily memberships for all	1572
students in the cooperative education district, also indicating	1573
the city, local, or exempted village district where each pupil is	1574
entitled to attend school under section 3313.64 or 3313.65 of the	1575
Revised Code.	1576

(K) If the superintendent of public instruction determines	1577
that a component of the average daily membership certified or	1578
reported by a district superintendent, or other reporting entity,	1579
is not correct, the superintendent of public instruction may order	1580
that the formula ADM used for the purposes of payments under any	1581
section of Title XXXIII of the Revised Code be adjusted in the	1582
amount of the error.	1583

Sec. 3318.011.  For purposes of providing assistance under	1584
sections 3318.01 to 3318.20 of the Revised Code, the department of	1585
education shall annually do all of the following:	1586

(A) Calculate the adjusted valuation per pupil of each city,	1587
local, and exempted village school district according to the	1588
following formula:	1589

The district's valuation per pupil -	1590

[$30,000 X (1 - the district's income factor)].	1591

For purposes of this calculation:

1592

(1) Except for a district with an open enrollment net gain	1593
that is ten per cent or more of its formula ADM, "valuation per	1594
pupil" for a district means its average taxable value, divided by	1595
its formula ADM for the previous fiscal year. "Valuation per	1596
pupil," for a district with an open enrollment net gain that is	1597
ten per cent or more of its formula ADM, means its average taxable	1598
value, divided by the sum of its formula ADM for the previous	1599
fiscal year plus its open enrollment net gain for the previous	1600
fiscal year.	1601

(2) "Average taxable value" means the average of the sum of	1602
the amounts certified for a district under divisions (A)(1) and	1603
(2) of section 3317.021 of the Revised Code in the second, third,	1604
and fourth preceding fiscal years.	1605

(3) "Entitled to attend school" means entitled to attend	1606
school in a city, local, or exempted village school district under	1607
section 3313.64 or 3313.65 of the Revised Code.	1608

(4) "Formula ADM" and "income factor" have the same meanings	1609
as in section 3317.02 of the Revised Code.	1610

(5) "Native student" has the same meaning as in former	1611
section 3313.98 of the Revised Code.	1612

(6) "Open enrollment net gain" for a district means (a) the	1613
number of the students entitled to attend school in another	1614
district but who are enrolled in the schools of the district under	1615
its open enrollment policy minus (b) the number of the district's	1616
native students who are enrolled in the schools of another	1617
district under the other district's open enrollment policy, both	1618
numbers as certified to the department under former section	1619
3313.981 of the Revised Code. If the difference is a negative	1620
number, the district's "open enrollment net gain" is zero. For	1621
fiscal years after fiscal year 2015, every district's open	1622
enrollment net gain is zero.	1623

(7) "Open enrollment policy" means an interdistrict open	1624
enrollment policy adopted under former section 3313.98 of the	1625
Revised Code.	1626

(B) Calculate for each district the three-year average of the	1627
adjusted valuations per pupil calculated for the district for the	1628
current and two preceding fiscal years;	1629

(C) Rank all such districts in order of adjusted valuation	1630
per pupil from the district with the lowest three-year average	1631
adjusted valuation per pupil to the district with the highest	1632
three-year average adjusted valuation per pupil;	1633

(D) Divide such ranking into percentiles with the first	1634
percentile containing the one per cent of school districts having	1635
the lowest three-year average adjusted valuations per pupil and	1636
the one-hundredth percentile containing the one per cent of school	1637
districts having the highest three-year average adjusted	1638
valuations per pupil;	1639

(E) Determine the school districts that have three-year	1640
average adjusted valuations per pupil that are greater than the	1641
median three-year average adjusted valuation per pupil for all	1642
school districts in the state;	1643

(F) On or before the first day of September, certify the	1644
information described in divisions (A) to (E) of this section to	1645
the Ohio school facilities commission.	1646

Sec. 3323.143. If a child with a disability's custodial	1647
parent has made a unilateral placement of the child, the parent	1648
shall be responsible for payment of tuition to the program or	1649
facility the child is attending as a result of that placement as	1650
long as the district of residence has offered a free appropriate	1651
public education to that child. As used in this section,	1652
"unilateral placement" means withdrawing a child with a disability	1653
from a program or facility operated by the district of residence	1654
or from a program or facility with which the district of residence	1655
has arranged for education of the child and instead enrolling that	1656
child in another program or facility that is not a home, as	1657
defined in section 3313.64 of the Revised Code, or that is not a	1658
facility or program available to the child pursuant to an open	1659
enrollment policy under section 3313.98 or 3313.983 of the Revised	1660
Code.	1661

Sec. 3326.51. (A) As used in this section:

1662

(1) "Resident district" has the same meaning as in section	1663
3326.31 of the Revised Code.	1664

(2) "STEM school sponsoring district" means a municipal,	1665
city, local, exempted village, or joint vocational school district	1666
that governs and controls a STEM school pursuant to this section.	1667

(B) Notwithstanding any other provision of this chapter to	1668
the contrary:	1669

(1) If a proposal for a STEM school submitted under section	1670
3326.03 of the Revised Code proposes that the governing body of	1671
the school be the board of education of a municipal, city, local,	1672
exempted village, or joint vocational school district that is one	1673
of the partners submitting the proposal, and the STEM committee	1674
approves that proposal, that school district board shall govern	1675
and control the STEM school as one of the schools of its district.	1676

(2) The STEM school sponsoring district shall maintain a	1677
separate accounting for the STEM school as a separate and distinct	1678
operational unit within the district's finances. The auditor of	1679
state, in the course of an annual or biennial audit of the school	1680
district serving as the STEM school sponsoring district, shall	1681
audit that school district for compliance with the financing	1682
requirements of this section.	1683

(3) With respect to students enrolled in a STEM school whose	1684
resident district is the STEM school sponsoring district:	1685

(a) The department of education shall make no deductions	1686
under section 3326.33 of the Revised Code from the STEM school	1687
sponsoring district's state payments.	1688

(b) The STEM school sponsoring district shall ensure that it	1689
allocates to the STEM school funds equal to or exceeding the	1690
amount that would be calculated pursuant to division (B) of	1691
section 3313.981sections 3326.31 to 3326.49 of the Revised Code	1692
for the students attending the school whose resident district is	1693
the STEM school sponsoring district.	1694

(c) The STEM school sponsoring district is responsible for	1695
providing children with disabilities with a free appropriate	1696
public education under Chapter 3323. of the Revised Code.	1697

(d) The STEM school sponsoring district shall provide student	1698
transportation in accordance with laws and policies generally	1699
applicable to the district.	1700

(4) With respect to students enrolled in the STEM school	1701
whose resident district is another school district, the department	1702
shall make no payments orand deductions under sections 3326.31 to	1703
3326.49 of the Revised Code. Instead, the students shall be	1704
considered as open enrollment students and the department shall	1705
make payments and deductions in accordance with section 3313.981	1706
of the Revised Code. The STEM school sponsoring district shall	1707
allocate the payments to the STEM school. The STEM school	1708
sponsoring district may enter into financial agreements with the	1709
students' resident districts, which agreements may provide	1710
financial support in addition to the funds received from the open	1711
enrollment calculationunder sections 3326.31 to 3326.49 of the	1712
Revised Code. The STEM school sponsoring district shall allocate	1713
all such additional funds to the STEM school.	1714

(5) Where the department is required to make, deny, reduce,	1715
or adjust payments to a STEM school sponsoring district pursuant	1716
to this section, it shall do so in such a manner that the STEM	1717
school sponsoring district may allocate that action to the STEM	1718
school.	1719

(6) A STEM school sponsoring district and its board may	1720
assign its district employees to the STEM school, in which case	1721
section 3326.18 of the Revised Code shall not apply. The district	1722
and board may apply any other resources of the district to the	1723
STEM school in the same manner that it applies district resources	1724
to other district schools.	1725

(7) Provisions of this chapter requiring a STEM school and	1726
its governing body to comply with specified laws as if it were a	1727
school district and in the same manner as a board of education	1728
shall instead require such compliance by the STEM school	1729
sponsoring district and its board of education, respectively, with	1730
respect to the STEM school. Where a STEM school or its governing	1731
body is required to perform a specific duty or permitted to take a	1732
specific action under this chapter, that duty is required to be	1733
performed or that action is permitted to be taken by the STEM	1734
school sponsoring district or its board of education,	1735
respectively, with respect to the STEM school.	1736

(8) No provision of this chapter limits the authority, as	1737
provided otherwise by law, of a school district and its board of	1738
education to levy taxes and issue bonds secured by tax revenues.	1739

(9) The treasurer of the STEM school sponsoring district or,	1740
if the STEM school sponsoring district is a municipal school	1741
district, the chief financial officer of the district, shall have	1742
all of the respective rights, authority, exemptions, and duties	1743
otherwise conferred upon the treasurer or chief financial officer	1744
by the Revised Code.	1745

Sec. 3327.05.  (A) Except as provided in division (B) of this	1746
section, no board of education of any school district shall	1747
provide transportation for any pupil who is a school resident of	1748
another school district unless the pupil is enrolled pursuant to	1749
section 3313.98 of the Revised Code or the board of the other	1750
district has given its written consent thereto. If the board of	1751
any school district files with the state board of education a	1752
written complaint that transportation for resident pupils is being	1753
provided by the board of another school district contrary to this	1754
division, the state board of education shall make an investigation	1755
of such complaint. If the state board of education finds that	1756
transportation is being provided contrary to this section, it may	1757
withdraw from state funds due the offending district any part of	1758
the amount that has been approved for transportation pursuant to	1759
section 3317.0212 of the Revised Code or other provisions of law.	1760

(B) Notwithstanding division (D) of section 3311.19 and	1761
division (D) of section 3311.52 of the Revised Code, this division	1762
does not apply to any joint vocational or cooperative education	1763
school district.	1764

A board of education may provide transportation to and from	1765
the nonpublic school of attendance if both of the following apply:	1766

(1) The parent, guardian, or other person in charge of the	1767
pupil agrees to pay the board for all costs incurred in providing	1768
the transportation that are not reimbursed pursuant to Chapter	1769
3317. of the Revised Code;	1770

(2) The pupil's school district of residence does not provide	1771
transportation for public school pupils of the same grade as the	1772
pupil being transported under this division, or that district is	1773
not required under section 3327.01 of the Revised Code to	1774
transport the pupil to and from the nonpublic school because the	1775
direct travel time to the nonpublic school is more than thirty	1776
minutes.	1777

Upon receipt of the request to provide transportation, the	1778
board shall review the request and determine whether the board	1779
will accommodate the request. If the board agrees to transport the	1780
pupil, the board may transport the pupil to and from the nonpublic	1781
school and a collection point in the district, as determined by	1782
the board. If the board transports the pupil, the board may	1783
include the pupil in the district's transportation ADM reported to	1784
the department of education under section 3317.03 of the Revised	1785
Code and, accordingly, may receive a state payment under section	1786
3317.0212 of the Revised Code or other provisions of law for	1787
transporting the pupil.	1788

If the board declines to transport the pupil, the board, in a	1789
written communication to the parent, guardian, or other person in	1790
charge of the pupil, shall state the reasons for declining the	1791
request.	1792

Sec. 3365.01.  As used in this chapter:

1793

(A) "College" means any state-assisted college or university	1794
described in section 3333.041 of the Revised Code, any nonprofit	1795
institution holding a certificate of authorization pursuant to	1796
Chapter 1713. of the Revised Code, any private institution exempt	1797
from regulation under Chapter 3332. of the Revised Code as	1798
prescribed in section 3333.046 of the Revised Code, and any	1799
institution holding a certificate of registration from the state	1800
board of career colleges and schools and program authorization for	1801
an associate or bachelor's degree program issued under section	1802
3332.05 of the Revised Code.	1803

(B) "School district," except as specified in division (G) of	1804
this section, means any school district to which a student is	1805
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	1806
the Revised Code and does not include a joint vocational or	1807
cooperative education school district.	1808

(C) "Parent" has the same meaning as in section 3313.64 of	1809
the Revised Code.	1810

(D) "Participant" means a student enrolled in a college under	1811
the post-secondary enrollment options program established by this	1812
chapter.	1813

(E) "Secondary grade" means the ninth through twelfth grades.

1814

(F) "School foundation payments" means the amount required to	1815
be paid to a school district for a fiscal year under Chapter 3317.	1816
of the Revised Code.	1817

(G) "Tuition base" means, with respect to a participant's	1818
school district, the sum of the formula amount plus the per pupil	1819
amount of the base funding supplements specified in divisions	1820
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal	1821
year 2009.	1822

The participant's "school district" in the case of a	1823
participant enrolled in a community school shall be the school	1824
district in which the student is entitled to attend school under	1825
section 3313.64 or 3313.65 of the Revised Code.	1826

(H) "Educational program" means enrollment in one or more	1827
school districts, in a nonpublic school, or in a college under	1828
division (B) of section 3365.04 of the Revised Code.	1829

(I) "Nonpublic school" means a chartered or nonchartered	1830
school for which minimum standards are prescribed by the state	1831
board of education pursuant to division (D) of section 3301.07 of	1832
the Revised Code.	1833

(J) "School year" means the year beginning on the first day	1834
of July and ending on the thirtieth day of June.	1835

(K) "Community school" means any school established pursuant	1836
to Chapter 3314. of the Revised Code that includes secondary	1837
grades.	1838

(L) "STEM school" means a science, technology, engineering,	1839
and mathematics school established under Chapter 3326. of the	1840
Revised Code.	1841

Section 3. That existing sections 3310.01, 3310.06, 3313.64,	1842
3313.97, 3313.974, 3313.982, 3314.07, 3315.18, 3317.03, 3318.011,	1843
3323.143, 3326.51, 3327.05, and 3365.01 of the Revised Code are	1844
hereby repealed.	1845

Section 4. (A) Sections 2 and 3 of this act shall take effect	1846
July 1, 2015.	1847

(B) Sections 3313.98, 3313.981, 3313.983, and 3313.984 of the	1848
Revised Code are hereby repealed, effective July 1, 2015.	1849

(C) It is the intent of the General Assembly to determine	1850
renewal of interdistrict open enrollment laws following its	1851
examination of the Department of Education's findings under	1852
section 3313.984 of the Revised Code.	1853