As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 123


Senator Sawyer 

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



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 3313.64639
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 3313.98728
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 former1611
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