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|
As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 55 |
SENATORS WATTS-OELSLAGER-B. JOHNSON-
REPRESENTATIVES GARDNER-HARRIS-FOX-WILLIAMS-WISE-KASPUTIS-CALLENDER
A BILL
To amend sections 3301.0710, 3301.0711, 3302.07, 3313.533,
3313.61,
3313.98, 3313.981, 3313.983, 3314.01, 3314.02,
3314.03, 3314.05, 3314.10,
3317.06, and 3317.064; to enact new sections 3302.01, 3302.02,
3302.03, 3302.04, and 3302.05 and sections 3313.534,
3313.603, 3313.608,
3313.609, 3313.6010, 3314.11, 3314.20, 3321.05, 3333.35, and 3365.15; and to
repeal sections 3301.85, 3302.01, 3302.02, 3302.03,
3302.04, 3302.05, and
3302.06 of the Revised Code; to amend Section 50.16 of Am. Sub. H.B. 215 of
the 122nd General Assembly; contingently
to amend sections 3317.02, 3317.023,
and 3317.08 of the
Revised Code;
to
revise and establish student academic
accountability
measures and school district accountability
and governance measures,
and to provide for cooperation between
elementary and secondary and higher
education institutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3301.0710, 3301.0711, 3302.07,
3313.533,
3313.61, 3313.98, 3313.981, 3313.983, 3314.01, 3314.02, 3314.03, 3314.05,
3314.10, 3317.06, and 3317.064 be amended and new sections 3302.01,
3302.02, 3302.03, 3302.04, and 3302.05 and sections 3313.534, 3313.603,
3313.608, 3313.609, 3313.6010, 3314.11, 3314.20, 3321.05, 3333.35,
and 3365.15 of the Revised Code be
enacted to read as follows:
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to test student
proficiency for the purpose of ensuring that students who receive
a high school diploma demonstrate at least ninth grade HIGH
SCHOOL levels of
literacy and basic competency PROFICIENCY in reading, writing,
mathematics,
science, and citizenship. IN ORDER TO DETERMINE THIS PROFICIENCY,
THE MINIMUM STANDARDS SHALL BE APPROPRIATE FOR TENTH GRADE PROFICIENCY LEVEL
IN EACH OF THE SPECIFIED AREAS.
(A)(1) The state board shall prescribe five statewide
proficiency tests, one each designed to measure skill in reading,
writing, mathematics, science, and citizenship, and shall
determine and designate the score on each such test that shall be
deemed to demonstrate that any student attaining such score has
achieved at least a fourth grade level of literacy and basic
competency PROFICIENCY in the measured skill.
(2) The state board may designate a grade level for
testing under this section that is higher than the fourth grade
level but lower than the ninth grade level; SHALL prescribe five
statewide proficiency tests, one each designed to measure skill
in reading, writing, mathematics, science, and citizenship;, and
determine and designate the score on each such test that is
deemed to demonstrate THAT ANY STUDENT ATTAINING SUCH SCORE HAS
ACHIEVED at least the designated A SIXTH grade level of
literacy and basic competency PROFICIENCY in the measured skill.
No tests
may be prescribed under division (A)(2) of this section unless
the tests are first administered during a school year that
commences on or before July 1, 1995.
(3) The state board shall prescribe five statewide
proficiency tests, one each designed to measure skill in reading,
writing, mathematics, science, and citizenship, and shall
determine and designate the score on each such test that shall be
deemed to demonstrate that any student attaining such score has
achieved at least a twelfth grade level of literacy and basic
competency PROFICIENCY in the measured skill.
(B) The state board shall prescribe five statewide HIGH SCHOOL
proficiency tests, one each designed to measure skill in reading,
writing, mathematics, science, and citizenship, and shall
determine and designate the score on each such test that shall be
deemed to demonstrate that any student attaining such score has
achieved at least a ninth grade THE level of literacy and
basic
competency PROFICIENCY in the measured skill APPROPRIATE FOR
TENTH GRADE.
The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has
similar statewide proficiency testing requirements for receiving
high school diplomas, under which any student who has met a
proficiency testing requirement of one state is recognized as
having met the similar proficiency testing requirement of the
other state for purposes of receiving a high school diploma. For
purposes of this section and sections 3301.0711 and 3313.61 of
the Revised Code, any student enrolled in any public high school
in this state and who has met a proficiency testing requirement
specified in a reciprocal agreement entered into under this
division shall be deemed to have attained at least the applicable
score designated under this division on each test required by
this division that is specified in the agreement.
(C) The state board shall annually designate as follows
the dates on which the tests prescribed under this section shall
be administered:
(1) FOR THE TEST PRESCRIBED UNDER DIVISION
(A)(1) OF THIS SECTION TO
MEASURE SKILL IN READING, AS FOLLOWS:
(a) FOR STUDENTS ENTERING FOURTH GRADE IN SCHOOL
YEARS THAT START PRIOR TO JULY
1, 2001, THE SAME DATES PRESCRIBED UNDER DIVISION
(C)(2) OF THIS SECTION FOR THE TESTS PRESCRIBED UNDER DIVISION
(A)(1) OF THIS SECTION TO MEASURE SKILL IN WRITING, MATHEMATICS,
SCIENCE, AND CITIZENSHIP;
(b) FOR STUDENTS ENTERING FOURTH GRADE BEGINNING
WITH THE SCHOOL YEAR THAT STARTS
JULY 1, 2001:
(i) ONE DATE PRIOR TO THE THIRTY-FIRST DAY OF
DECEMBER EACH SCHOOL
YEAR;
(ii) ANY DATES PRESCRIBED UNDER DIVISION
(C)(2) OF THIS SECTION FOR THE TESTS PRESCRIBED UNDER DIVISION
(A)(1) OF THIS SECTION TO MEASURE SKILL IN WRITING, MATHEMATICS,
SCIENCE, AND CITIZENSHIP;
(iii) ONE DATE DURING THE SUMMER FOR STUDENTS
RECEIVING SUMMER REMEDIATION SERVICES UNDER DIVISION
(B)(3) OF SECTION 3313.608 OF
THE REVISED
CODE.
(2) For the tests prescribed under divisions DIVISION
(A)(1)
OF THIS SECTION TO MEASURE SKILL IN WRITING, MATHEMATICS, SCIENCE, AND
CITIZENSHIP and (2) THE TESTS PRESCRIBED UNDER DIVISION
(A)(2) of this section, at least one date subsequent to the
fifteenth day of March of each school year;
(2)(3) For the tests prescribed under division (A)(3) of this
section, at least one date subsequent to the thirty-first day of
December but prior to the thirty-first day of March of each
school year;
(3)(4) For the tests prescribed under division (B) of this
section, AT LEAST ONE DATE SUBSEQUENT TO THE FIFTEENTH DAY OF
MARCH OF EACH SCHOOL YEAR FOR ALL TENTH GRADE STUDENTS AND at
least one date prior to the thirty-first day of
December and at least one date subsequent to that date but prior
to the thirty-first day of March of each school year FOR ELEVENTH AND
TWELFTH GRADE STUDENTS.
(D) In prescribing test dates pursuant to division
(C)(3)(4) of this section, the board shall, to the greatest
extent
practicable, provide options to school districts in the case of tests
administered under that division to tenth, eleventh, and twelfth
grade
students; AND in the case of tests administered to students
pursuant to division
(C)(2) of section
3301.0711 of the Revised Code; and in the case of tests administered to
ninth grade students
under division (C)(3) of this section by school districts
administering tests pursuant to division (M) of section 3301.0711
of the Revised Code. Such options shall include at least an opportunity
for school districts
to give such tests outside of regular school hours.
(E) IN PRESCRIBING TEST DATES PURSUANT TO THIS SECTION, THE STATE
BOARD OF EDUCATION SHALL DESIGNATE THE DATES IN SUCH A WAY AS TO ALLOW A
REASONABLE LENGTH OF TIME BETWEEN THE ADMINISTRATION OF TESTS PRESCRIBED UNDER
THIS SECTION AND ANY ADMINISTRATION OF THE NATIONAL
ASSESSMENT OF EDUCATION
PROGRESS TEST GIVEN TO STUDENTS IN THE SAME GRADE LEVEL
PURSUANT TO SECTION
3301.27 of the Revised Code.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish, grade, and score all tests required
by section 3301.0710 of the Revised Code to city, local, and
exempted village school districts;
(2) Adopt rules for the ethical use of tests and
prescribing the manner in which the tests prescribed by section
3301.0710 of the Revised Code shall be administered to students.
(B) Except as provided in divisions (C) and (J)(2) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) ADMINISTER THE TEST PRESCRIBED UNDER DIVISION (A)(1) OF
SECTION 3301.0710 OF THE
REVISED
CODE TO MEASURE SKILL IN
READING AS FOLLOWS:
(a) FOR STUDENTS ENTERING FOURTH GRADE IN SCHOOL
YEARS THAT START PRIOR TO JULY
1, 2001, AT LEAST ONCE ANNUALLY TO ALL STUDENTS IN THE FOURTH
GRADE;
(b) FOR STUDENTS ENTERING FOURTH GRADE BEGINNING
WITH THE SCHOOL YEAR THAT STARTS
JULY 1, 2001, TWICE ANNUALLY TO
ALL STUDENTS IN THE FOURTH GRADE WHO HAVE NOT ATTAINED THE SCORE
DESIGNATED FOR THAT TEST UNDER DIVISION (A)(1) OF SECTION
3301.0710 OF THE REVISED
CODE AND ONCE EACH SUMMER TO STUDENTS RECEIVING SUMMER REMEDIATION
SERVICES UNDER DIVISION (B)(3) OF SECTION 3313.608 of the Revised Code.
(2) Administer the tests prescribed under division (A)(1)
of section 3301.0710 of the Revised Code TO MEASURE SKILL IN WRITING,
MATHEMATICS, SCIENCE, AND CITIZENSHIP at least once annually
to all students in the fourth grade.
(2)(3) Administer any THE tests prescribed
under division (A)(2)
of section 3301.0710 of the Revised Code at least once annually
to all students in the SIXTH grade designated under that
division.
(3)(4) Administer any tests prescribed under division (A)(3)
of section 3301.0710 of the Revised Code at least once annually
to any student in the twelfth grade who, on all the tests
prescribed under division (B) of that section, has attained the
applicable scores designated under such division prior to the
first day of January of that year.
(4)(5) Administer any test prescribed under division (B) of
section 3301.0710 of the Revised Code at AS FOLLOWS:
(a) AT least twice ONCE annually,
SUBSEQUENT TO THE FIFTEENTH DAY OF MARCH, to:
(a) All ALL TENTH GRADE students AND AT LEAST TWICE ANNUALLY
TO ALL STUDENTS in ninth, tenth, eleventh, or twelfth
grade who have not yet attained the score on that test designated
under that division;
(b) Any TO ANY person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such test, at any time
such test is administered in the district.
(C)(1) Any student receiving special education services under
Chapter 3323. of the Revised Code shall be excused from taking
any particular test required to be administered under this
section if the individualized education program developed for the
student pursuant to section 3323.08 of the Revised Code excuses
the student from taking that test. In the case of any student so
excused from taking a test, the school district board of
education shall not prohibit the student from taking the
test. Any student enrolled in a chartered
nonpublic school who has been identified, based on an evaluation conducted in
accordance with section 3323.03 of the Revised Code or section 504 of the
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 794, as amended, as a
child with a disability shall be excused from taking any particular test
required to be administered under this section if a plan developed for the
student pursuant to rules adopted by the state board excuses the student from
taking that test. In the case of any student so excused from taking a test,
the chartered nonpublic school shall not prohibit the student from taking the
test.
(2) A district board may, for medical reasons or other
good cause, excuse a student from taking a test administered
under this section on the date scheduled, but any such test shall
be administered to such excused student not later than fifteen
days following the scheduled date. The board shall annually
report the number of students who have not taken one or more of
the tests required by this section to the state board of
education not later than the thirtieth day of
June.
(D) In the school year next succeeding the school year in
which the tests prescribed by division (A)(1) of section
3301.0710 of the Revised Code are administered to any student,
the board of education of any school district in which the
student is enrolled in that year shall provide intervention
services to the student in any skill in which the student failed
on those tests to demonstrate at least fourth-grade levels of
literacy and basic competency. This division does not apply to
any student receiving services pursuant to an individualized
education program developed for the student pursuant to section
3323.08 of the Revised Code.
(E) Except as provided in SECTION 3313.608 of the Revised Code AND division
(N)(M) of this section,
no school district board of education shall permit any
student to be denied promotion to a higher grade level solely
because of the student's failure to attain a specified score on
any test administered under this section.
(F) No person shall be charged a fee for taking any test
administered under this section.
(G) Not later than sixty days after any administration of
any test prescribed by section 3301.0710 of the Revised Code, the
department shall send to each school district board a list of the
individual test scores of all persons taking the test.
(H) Individual test scores on any tests administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the
rules adopted under division (A) of this section. No district
board or its employees shall utilize individual or aggregate test
results in any manner that conflicts with rules for the ethical
use of tests adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section,
the department shall not release any individual test scores on
any test administered under this section and shall adopt rules to
ensure the protection of student confidentiality at all times.
(J) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
does not apply to the board of education of any joint vocational
or cooperative education school district except as provided under
rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
joint vocational school district or a cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code may enter into an agreement
with the board of education of the joint vocational or
cooperative education school district for administering any test
prescribed under this section to students of the city, exempted
village, or local school district who are attending school in the
joint vocational or cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement with the cooperative district that provides for the
administration of any test prescribed under this section to both
of the following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(4)(5)(b) of this
section.
Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section.
(K)(1) Any chartered nonpublic school may participate in
the testing program by administering any of the tests prescribed
by section 3301.0710 of the Revised Code if the chief
administrator of the school specifies which tests the school
wishes to administer. Such specification shall be made in
writing to the superintendent of public instruction prior to the
first day of August of any school year in which tests are
administered and shall include a pledge that the nonpublic school
will administer the specified tests in the same manner as public
schools are required to do under this section and rules adopted
by the department.
(2) The department of education shall furnish the tests
prescribed by section 3301.0710 of the Revised Code to any
chartered nonpublic school electing to participate under this
division.
(L)(1) Except as provided in division (L)(3) of this
section, the superintendent of the state school for the blind and
the superintendent of the state school for the deaf shall
administer the tests described by section 3301.0710 of the
Revised Code. Each superintendent shall administer the tests in
the same manner as district boards are required to do under this
section and rules adopted by the department of education.
(2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent.
(3) Any student enrolled in the state school for the blind
or the state school for the deaf shall be excused from taking any
particular test required to be administered under division (L)(1)
of this section if the individualized education program developed
for the student pursuant to section 3323.08 of the Revised Code
excuses the student from taking that test. In the case of any
student so excused from taking a test, the superintendent of the
school shall not prohibit the student from taking the test.
(M) Notwithstanding division (B)(4) of this section and
division (C)(3) of section 3301.0710 of the Revised Code, upon
request of a district board of education, the department of
education shall provide for the district to administer the tests
prescribed under division (B) of section 3301.0710 of the Revised
Code to students in the eighth grade on a specified date during
the month of March. In such a district, tests shall be
administered either once or twice during the ninth grade year to students
who did not attain the designated scores on such tests in the
eighth grade. Such ninth grade test administration shall be
prior to the thirty-first day of December or subsequent to that date but prior
to the thirty-first day of March or during both such time periods. The
district board of education shall determine whether to administer such tests
once or twice during the ninth grade year and during which time period to
administer the tests if they are only administered once during such year.
(N) If a NOTWITHSTANDING DIVISION (E) OF THIS SECTION,
BEGINNING JULY 1, 1999,
A school district offers summer school to a MAY RETAIN ANY
STUDENT FOR AN ADDITIONAL YEAR IN SUCH STUDENT'S CURRENT GRADE LEVEL IF
SUCH student who
has failed to attain the designated scores on three or more of the five tests
described by division (A)(1) or (2) of section 3301.0710 of the Revised
Code, or by division (B) of that section in the case of students taking
those
tests in the eighth grade pursuant to division (M) of this section,
and the student chooses not to attend summer school or does not maintain an
acceptable level of attendance in summer school, the district may use the
failure to attain such scores on those tests as a reason for retaining the
student for an additional year in the grade in which the tests were
administered.
As used in this division, "summer school" means a six-week
remedial course
in the areas covered by the proficiency tests on which the student did not
attain the score designated pursuant to division (A)(1) or (2)or
(B), as applicable, of section 3301.0710 of the Revised Code.
THIS DIVISION DOES NOT SUPERSEDE THE REQUIREMENTS OF SECTION 3313.608
of the Revised Code.
(N) EFFECTIVE JULY 1, 1999,
THE DEPARTMENT OF EDUCATION SHALL MAKE AVAILABLE TO THE PUBLIC
THE STATE'S PROFICIENCY TESTS OFFERED THE PREVIOUS YEAR. THE
DEPARTMENT SHALL CONTINUE TO MAKE THESE DOCUMENTS AVAILABLE TO
THE PUBLIC EACH YEAR FOLLOWING THE ADMINISTRATION OF THE TEST.
ONLY THE TESTS ADMINISTERED THE PREVIOUS YEAR SHALL BE AVAILABLE
TO THE PUBLIC.
Sec. 3302.01. AS USED IN THIS CHAPTER:
(A) "DROPOUT RATE" MEANS ONE MINUS THE GRADUATION RATE.
(B) "GRADUATION RATE" MEANS A CALCULATION OF THE PER CENT
OF NINTH GRADE STUDENTS WHO GRADUATE BY THE END OF THE SUMMER
FOLLOWING THEIR TWELFTH GRADE YEAR. THE GRADUATION RATE IS THE
RATIO OF THE STUDENTS ENTERING NINTH GRADE TO THE NUMBER OF
THOSE STUDENTS RECEIVING A DIPLOMA FOUR YEARS LATER. STUDENTS
WHO TRANSFER INTO THE DISTRICT ARE ADDED TO THE CALCULATION.
STUDENTS WHO TRANSFER OUT OF THE DISTRICT FOR REASONS OTHER THAN
DROPOUT ARE SUBTRACTED FROM THE CALCULATION. STUDENTS WHO DO
NOT GRADUATE BUT WHO CONTINUE THEIR HIGH SCHOOL EDUCATION IN THE
FOLLOWING YEAR IN THE SAME SCHOOL DISTRICT ARE
REMOVED FROM THE CALCULATION FOR THAT YEAR AND ARE ADDED TO THE
CALCULATION FOR THE SUBSEQUENT YEAR.
(C) "ATTENDANCE RATE" MEANS THE RATIO OF THE NUMBER OF
STUDENTS ACTUALLY IN ATTENDANCE OVER THE COURSE OF A SCHOOL YEAR
TO THE NUMBER OF STUDENTS WHO WERE REQUIRED TO BE IN ATTENDANCE
THAT SCHOOL YEAR, AS CALCULATED PURSUANT TO RULES OF THE
SUPERINTENDENT OF PUBLIC INSTRUCTION.
(D) "THREE-YEAR AVERAGE" MEANS THE AVERAGE OF THE MOST
RECENT CONSECUTIVE THREE YEARS OF DATA.
(E) "REQUIRED LEVEL OF IMPROVEMENT" MEANS
AT LEAST ONE STANDARD UNIT OF IMPROVEMENT
ON AT LEAST THE PERCENTAGE OF PERFORMANCE STANDARDS REQUIRED TO
DEMONSTRATE OVERALL IMPROVEMENT, IN ACCORDANCE WITH THE RULE
APPROVED UNDER DIVISION (A) OF SECTION 3302.04 OF THE
REVISED
CODE.
Sec. 3302.02. THE FOLLOWING ARE THE EXPECTED STATE PERFORMANCE STANDARDS
FOR SCHOOL DISTRICTS:
(A) A THREE PER CENT DROPOUT RATE;
(B) AT LEAST SEVENTY-FIVE PER CENT OF FOURTH GRADERS
PROFICIENT ON THE MATHEMATICS TEST PRESCRIBED BY DIVISION (A)(1)
OF SECTION 3301.0710 OF THE REVISED CODE;
(C) AT LEAST SEVENTY-FIVE PER CENT OF FOURTH GRADERS
PROFICIENT ON THE READING TEST PRESCRIBED BY DIVISION (A)(1) OF
SECTION 3301.0710 OF THE REVISED CODE;
(D) AT LEAST SEVENTY-FIVE PER CENT OF FOURTH GRADERS
PROFICIENT ON THE WRITING TEST PRESCRIBED BY DIVISION (A)(1) OF
SECTION 3301.0710 OF THE REVISED CODE;
(E) AT LEAST SEVENTY-FIVE PER CENT OF FOURTH GRADERS
PROFICIENT ON THE CITIZENSHIP TEST PRESCRIBED BY DIVISION (A)(1)
OF SECTION 3301.0710 OF THE REVISED CODE;
(F) AT LEAST SEVENTY-FIVE PER CENT OF NINTH GRADERS
PROFICIENT ON THE MATHEMATICS TEST PRESCRIBED BY DIVISION (B) OF
SECTION 3301.0710 OF THE REVISED CODE;
(G) AT LEAST SEVENTY-FIVE PER CENT OF NINTH GRADERS
PROFICIENT ON THE READING TEST PRESCRIBED BY DIVISION (B) OF
SECTION 3301.0710 OF THE REVISED CODE;
(H) AT LEAST SEVENTY-FIVE PER CENT OF NINTH GRADERS
PROFICIENT ON THE WRITING TEST PRESCRIBED BY DIVISION (B) OF
SECTION 3301.0710 OF THE REVISED CODE;
(I) AT LEAST SEVENTY-FIVE PER CENT OF NINTH GRADERS
PROFICIENT ON THE CITIZENSHIP TEST PRESCRIBED BY DIVISION (B) OF
SECTION 3301.0710 OF THE REVISED CODE;
(J) AT LEAST EIGHTY-FIVE PER CENT OF TENTH GRADERS PROFICIENT
ON THE MATHEMATICS TEST PRESCRIBED BY DIVISION (B) OF SECTION
3301.0710 OF THE REVISED CODE;
(K) AT LEAST EIGHTY-FIVE PER CENT OF TENTH GRADERS PROFICIENT
ON THE READING TEST PRESCRIBED BY DIVISION (B) OF SECTION
3301.0710 OF THE REVISED CODE;
(L) AT LEAST EIGHTY-FIVE PER CENT OF TENTH GRADERS PROFICIENT
ON THE WRITING TEST PRESCRIBED BY DIVISION (B) OF SECTION
3301.0710 OF THE REVISED CODE;
(M) AT LEAST EIGHTY-FIVE PER CENT OF TENTH GRADERS PROFICIENT
ON THE CITIZENSHIP TEST PRESCRIBED BY DIVISION (B) OF SECTION
3301.0710 OF THE REVISED CODE;
(N) AT LEAST SIXTY PER CENT OF TWELFTH GRADERS PROFICIENT
ON THE MATHEMATICS TEST PRESCRIBED BY DIVISION (A)(3) OF SECTION
3301.0710 OF THE REVISED CODE;
(O) AT LEAST SIXTY PER CENT OF TWELFTH GRADERS PROFICIENT
ON THE READING TEST PRESCRIBED BY DIVISION (A)(3) OF SECTION
3301.0710 OF THE REVISED CODE;
(P) AT LEAST SIXTY PER CENT OF TWELFTH GRADERS PROFICIENT
ON THE WRITING TEST PRESCRIBED BY DIVISION (A)(3) OF SECTION
3301.0710 OF THE REVISED CODE;
(Q) AT LEAST SIXTY PER CENT OF TWELFTH GRADERS PROFICIENT
ON THE CITIZENSHIP TEST PRESCRIBED BY DIVISION (A)(3) OF SECTION
3301.0710 OF THE REVISED CODE;
(R) AT LEAST A NINETY-THREE PER CENT ATTENDANCE
RATE.
WHEN SUFFICIENT DATA CONCERNING THE TESTS GIVEN PURSUANT
TO DIVISION (A)(2) OF SECTION 3301.0710 OF THE REVISED
CODE AND
THE SCIENCE TESTS GIVEN PURSUANT TO DIVISIONS (A)(1), (3), AND
(B) OF SECTION 3301.0710 OF THE REVISED CODE ARE
AVAILABLE FOR
THE DEPARTMENT OF EDUCATION
TO ESTABLISH PERFORMANCE
STANDARDS FOR THOSE TESTS, THE DEPARTMENT
SHALL
RECOMMEND A RULE ADDING STANDARDS TO REFLECT THESE
ADDITIONAL TESTS. THE DEPARTMENT SHALL ALSO
RECOMMEND
A RULE WHEN NECESSARY TO ALLOW FOR THE PHASING OUT OF THE NINTH
GRADE PROFICIENCY TEST AND ITS REPLACEMENT WITH A HIGH SCHOOL
PROFICIENCY TEST PURSUANT TO SECTION 3301.0710 OF THE REVISED
CODE AS AMENDED BY THIS ACT. THE RULES SHALL NOT RECOMMEND ANY
STANDARD BE ESTABLISHED FOR PASSAGE OF THE FOURTH GRADE READING
TEST THAT IS SOLELY BASED ON THE TEST GIVEN IN THE FALL FOR THE PURPOSE OF
DETERMINING WHETHER STUDENTS HAVE
MET THE FOURTH GRADE GUARANTEE PROVISIONS OF SECTION 3313.608 OF THE
REVISED CODE.
RULES RECOMMENDED BY THE DEPARTMENT UNDER THIS
SECTION SHALL NOT TAKE EFFECT UNLESS APPROVED BY JOINT
RESOLUTION OF THE GENERAL ASSEMBLY.
Sec. 3302.03. (A) BEGINNING WITH THE FISCAL YEAR THAT STARTS ON
JULY 1, 1999, EVERY THREE YEARS THE
DEPARTMENT OF EDUCATION SHALL CALCULATE AND REPORT FOR EACH
SCHOOL DISTRICT ITS
PERCENTAGES ON EACH OF THE PERFORMANCE INDICATORS LISTED IN
SECTION 3302.02 of the Revised Code AND SHALL SPECIFY FOR EACH
SUCH DISTRICT THE EXTENT TO WHICH THE ACCEPTABLE
PERFORMANCE INDICATOR HAS BEEN ACHIEVED AND WHETHER THE DISTRICT IS AN
EFFECTIVE SCHOOL DISTRICT, NEEDS CONTINUOUS IMPROVEMENT, IS UNDER AN ACADEMIC
WATCH, OR IS IN A STATE OF ACADEMIC EMERGENCY.
(B)(1) A SCHOOL DISTRICT SHALL BE DECLARED AN EFFECTIVE
SCHOOL DISTRICT IF IT MEETS AT LEAST NINETY-FOUR PER CENT OF
THE STATE PERFORMANCE STANDARDS.
(2) A SCHOOL DISTRICT SHALL BE DECLARED TO BE IN NEED OF
CONTINUOUS IMPROVEMENT IF IT MEETS MORE THAN FIFTY PER CENT BUT
LESS THAN NINETY-FOUR PER CENT OF THE STATE PERFORMANCE
STANDARDS.
(3) A SCHOOL DISTRICT SHALL BE DECLARED TO BE UNDER AN
ACADEMIC WATCH IF IT MEETS MORE THAN THIRTY-THREE PER CENT BUT
NOT MORE THAN FIFTY PER CENT OF THE STATE PERFORMANCE
STANDARDS.
(4) A SCHOOL DISTRICT SHALL BE DECLARED TO BE IN A STATE
OF ACADEMIC EMERGENCY IF IT DOES NOT MEET MORE THAN THIRTY-THREE
PER CENT OF THE STATE PERFORMANCE STANDARDS.
(C) WHENEVER FEASIBLE, THE DEPARTMENT SHALL UTILIZE THREE-YEAR
AVERAGING OF THE DISTRICT'S PERCENTAGES ON THE PERFORMANCE
STANDARDS SPECIFIED IN SECTION 3302.02 of the Revised Code.
(C) THE DEPARTMENT SHALL ISSUE ANNUAL REPORT CARDS FOR EACH SHOOL
DISTRICT AND FOR THE STATE AS A WHOLE BASED ON EDUCATION AND FISCAL
PERFORMANCE DATA.
Sec. 3302.04. (A) BY MARCH 1, 1998,
THE STATE BOARD OF
EDUCATION SHALL RECOMMEND TO THE GENERAL ASSEMBLY A
RULE ESTABLISHING BOTH OF THE FOLLOWING:
(1) A STANDARD UNIT OF IMPROVEMENT THAT ANY SCHOOL
DISTRICT WOULD BE REQUIRED TO ACHIEVE ON A SPECIFIC PERFORMANCE
STANDARD THAT IT FAILED TO MEET IN ORDER TO BE DEEMED TO HAVE
MADE SATISFACTORY IMPROVEMENT TOWARD MEETING THAT
STANDARD.
(2) THE PERCENTAGE OF THOSE PERFORMANCE STANDARDS THAT A
DISTRICT DID NOT MEET, ON WHICH A DISTRICT
WOULD BE REQUIRED TO ACHIEVE THE STANDARD
UNIT OF IMPROVEMENT IN ORDER TO BE DEEMED TO BE MAKING OVERALL
PROGRESS TOWARD BECOMING AN EFFECTIVE DISTRICT.
UPON APPROVAL OF THE GENERAL ASSEMBLY, THE RULE SHALL
APPLY TO DETERMINATIONS OF SCHOOL DISTRICT IMPROVEMENT UNDER
DIVISION (B) OF THIS SECTION.
(B) WHEN A SCHOOL DISTRICT HAS BEEN NOTIFIED BY
THE DEPARTMENT PURSUANT TO DIVISION (A) OF SECTION 3302.03 of the Revised Code
THAT THE DISTRICT NEEDS CONTINUOUS IMPROVEMENT, IS UNDER AN ACADEMIC WATCH,
OR IS IN A STATE OF ACADEMIC EMERGENCY, THE DISTRICT SHALL
DEVELOP A THREE-YEAR CONTINUOUS IMPROVEMENT PLAN
CONTAINING AN ANALYSIS OF THE REASONS FOR THE DISTRICT'S FAILURE
TO MEET ANY OF THE STANDARDS IT DOES NOT MEET AND SPECIFYING THE
STRATEGIES IT WILL USE AND THE RESOURCES IT WILL ALLOCATE TO
ADDRESS THE PROBLEM. COPIES OF THE PLAN SHALL BE MADE AVAILABLE TO THE
PUBLIC.
NO THREE-YEAR CONTINUOUS IMPROVEMENT PLAN SHALL BE DEVELOPED OR ADOPTED
PURSUANT TO THIS DIVISION UNLESS AT LEAST ONE PUBLIC HEARING IS HELD WITHIN
THE TERRITORY OF THE AFFECTED SCHOOL DISTRICT CONCERNING THE FINAL DRAFT OF
THE PLAN. NOTICE OF THE HEARING SHALL BE GIVEN TWO WEEKS PRIOR TO THE HEARING
BY PUBLICATION IN ONE NEWSPAPER OF GENERAL CIRCULATION WITHIN THE TERRITORY OF
THE AFFECTED SCHOOL DISTRICT.
(C) WHEN A SCHOOL DISTRICT HAS BEEN
NOTIFIED BY THE DEPARTMENT PURSUANT TO DIVISION (A) OF SECTION
3302.03 OF THE REVISED CODE THAT THE DISTRICT IS UNDER AN
ACADEMIC WATCH OR IN A STATE
OF ACADEMIC EMERGENCY, THE DISTRICT SHALL BE SUBJECT TO ANY RULES ESTABLISHING
INTERVENTION IN ACADEMIC WATCH OR EMERGENCY SCHOOL DISTRICTS THAT HAVE BEEN
RECOMMENDED TO THE
GENERAL ASSEMBLY BY THE DEPARTMENT OF EDUCATION AND APPROVED BY JOINT
RESOLUTION OF THE GENERAL ASSEMBLY. THE DEPARTMENT SHALL RECOMMEND SUCH RULES
BY JULY 1, 1998.
Sec. 3302.05. BY MARCH 1, 1998, THE DEPARTMENT OF EDUCATION
SHALL RECOMMEND RULES TO THE GENERAL ASSEMBLY FREEING SCHOOL DISTRICTS
DECLARED TO BE EFFECTIVE UNDER DIVISION (B)(1) OR IN NEED OF
CONTINUOUS IMPROVEMENT UNDER DIVISION (B)(2) OF SECTION 3302.03
of the Revised Code FROM SPECIFIED STATE MANDATES. ANY MANDATES INCLUDED IN THE RECOMMENDED
RULES SHALL BE ONLY THOSE STATUTES OR RULES PERTAINING TO STATE EDUCATION
REQUIREMENTS. THE RULES SHALL TAKE EFFECT UPON THEIR APPROVAL THROUGH PASSAGE
OF A JOINT RESOLUTION BY THE GENERAL ASSEMBLY.
Sec. 3302.07. (A) The board of education of any school
district or the governing board of any educational service center may
submit to the state board of education an
application proposing an innovative education pilot program the
implementation of which requires exemptions from specific
statutory provisions or rules. If a district or service center board employs
teachers under a collective bargaining agreement adopted pursuant
to Chapter 4117. of the Revised Code, any application submitted
under this division shall include the written consent of the
teachers' employee representative designated under division (B)
of section 4117.04 of the Revised Code. The exemptions requested
in the application shall be limited to any requirement of Title
XXXIII of the Revised Code or of any rule of the state board
adopted pursuant to that title except that the application may
not propose an exemption from any requirement of or rule adopted
pursuant to Chapter 3307. or 3309., sections 3319.07 to 3319.21,
or Chapter 3323. of the Revised Code.
(B) The state board of education shall accept any
application submitted in accordance with division (A) of this
section. The superintendent of public instruction shall approve
or disapprove the application in accordance with the standards
for approval, WHICH SHALL BE adopted by the state board.
(C) The superintendent of public instruction shall exempt
each district or service center board with an application approved under
division
(B) of this section for a specified period from the statutory
provisions or rules specified in the approved application. The
period of exemption shall not exceed the period during which the
pilot program proposed in the application is being implemented
and a reasonable period to allow for evaluation of the
effectiveness of the program.
Sec. 3313.533. (A) The board of education of a city, exempted
village, or local school district may adopt a resolution to establish and
maintain an alternative school in accordance with this section. The
resolution shall specify, but not necessarily be limited to, all of the
following:
(1) The purpose of the school, which
purpose shall be to serve students who are on suspension, who are having
truancy problems, who are experiencing academic failure, who have a history of
class disruption, or who are exhibiting other academic or behavioral problems
specified in the resolution;
(2) The grades served by the school,
which may include any of grades kindergarten through twelve;
(3) A requirement that the school be operated in accordance with this
section. The board of education adopting the resolution under division
(A)
of this section shall be the governing board of the alternative school. The
board shall develop and implement a plan for the school in accordance with the
resolution establishing the school and in accordance with this section.
Each plan shall include, but not necessarily be limited to, all of the
following:
(a) Specification of the reasons for which students will be
accepted for
assignment to the school and any criteria for admission that are to be used by
the board to approve or disapprove the assignment of
students to the school;
(b) Specification of the criteria and procedures that will be
used for returning students who have been assigned to the school back to the
regular education program of the district.;
(c) An evaluation plan for assessing the effectiveness of the
school and
its educational program and reporting the results of the evaluation to the
public.
(C)(B) Notwithstanding any of title
TITLE XXXIII of the
Revised Code to the
contrary, the alternative school plan may include any of the
following:
(1) A requirement that on each school day students must attend school or
participate in other
programs specified in the plan or by the chief administrative officer of the
school for a period equal to the minimum school day set by the state board of
education under section 3313.48 of the Revised Code plus any additional time
required in the
plan or by the chief administrative officer;
(2) Restrictions on student participation in
extracurricular or interscholastic activities;
(3) A requirement that students wear uniforms prescribed by the
district board of education.
(D)(C) In accordance with the alternative school plan, the
district
board of education may employ teachers and nonteaching employees necessary to
carry out its duties and fulfill its responsibilities.
(D) AN ALTERNATIVE SCHOOL MAY BE
ESTABLISHED IN ALL OR PART OF A SCHOOL BUILDING.
(E) IF A DISTRICT BOARD
OF EDUCATION ELECTS UNDER THIS SECTION, OR IS REQUIRED BY
SECTION 3313.534 OF THE REVISED
CODE, TO ESTABLISH AN
ALTERNATIVE SCHOOL, THE DISTRICT BOARD MAY JOIN WITH THE
BOARD OF EDUCATION OF ONE OR MORE OTHER DISTRICTS TO FORM A
JOINT ALTERNATIVE SCHOOL BY FORMING A COOPERATIVE EDUCATION
SCHOOL DISTRICT UNDER SECTION 3311.52 OR 3311.521 OF THE
REVISED
CODE, OR A JOINT EDUCATIONAL
PROGRAM UNDER SECTION 3313.842 OF THE
REVISED
CODE.
Sec. 3313.534. NO LATER THAN
JULY 1, 1998, THE BOARD OF
EDUCATION OF EACH CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL
DISTRICT SHALL ADOPT A POLICY OF ZERO TOLERANCE FOR VIOLENT,
DISRUPTIVE, OR INAPPROPRIATE BEHAVIOR, INCLUDING EXCESSIVE
TRUANCY, AND ESTABLISH STRATEGIES TO ADDRESS SUCH BEHAVIOR THAT
RANGE FROM PREVENTION TO INTERVENTION.
NO LATER THAN JULY 1,
1999, EACH OF THE BIG EIGHT SCHOOL DISTRICTS, AS DEFINED IN
SECTION 3317.02 OF THE REVISED
CODE, SHALL ESTABLISH UNDER
SECTION 3313.533 OF THE REVISED
CODE AT LEAST ONE ALTERNATIVE
SCHOOL TO MEET THE EDUCATIONAL NEEDS OF STUDENTS WITH SEVERE
DISCIPLINE PROBLEMS, INCLUDING BUT NOT LIMITED TO, EXCESSIVE
TRUANCY, EXCESSIVE DISRUPTION IN THE CLASSROOM, AND MULTIPLE
SUSPENSIONS OR EXPULSIONS. ANY OTHER SCHOOL DISTRICT THAT
ATTAINS AFTER THAT DATE A SIGNIFICANTLY SUBSTANDARD GRADUATION RATE, AS
DEFINED BY THE
DEPARTMENT OF EDUCATION SHALL ALSO ESTABLISH
SUCH AN ALTERNATIVE SCHOOL UNDER THAT SECTION.
Sec. 3313.603. (A) AS USED IN THIS SECTION:
(1) "ONE UNIT" MEANS A
MINIMUM OF ONE HUNDRED TWENTY HOURS OF COURSE
INSTRUCTION, EXCEPT THAT FOR
A LABORATORY COURSE, "ONE UNIT" MEANS A MINIMUM OF
ONE HUNDRED FIFTY HOURS OF COURSE INSTRUCTION.
(2) "ONE-HALF UNIT" MEANS
A MINIMUM OF SIXTY HOURS OF COURSE INSTRUCTION, EXCEPT THAT FOR PHYSICAL
EDUCATION COURSES, "ONE-HALF UNIT" MEANS A MINIMUM OF ONE HUNDRED TWENTY HOURS
OF COURSE INSTRUCTION.
(B) BEGINNING SEPTEMBER 15, 2001, THE REQUIREMENTS FOR
GRADUATION FROM EVERY HIGH SCHOOL SHALL INCLUDE
TWENTY-ONE UNITS EARNED IN GRADES NINE THROUGH TWELVE AND SHALL BE
DISTRIBUTED AS FOLLOWS:
(1) ENGLISH LANGUAGE ARTS, FOUR UNITS;
(2) HEALTH, ONE-HALF UNIT;
(3) MATHEMATICS, THREE UNITS;
(4) PHYSICAL EDUCATION, ONE-HALF UNIT;
(5) SCIENCE, TWO UNITS UNTIL SEPTEMBER 15, 2003, AND THREE UNITS
THEREAFTER, WHICH AT ALL TIMES SHALL INCLUDE BOTH OF THE
FOLLOWING:
(a) BIOLOGICAL SCIENCES, ONE
UNIT;
(b) PHYSICAL SCIENCES, ONE
UNIT.
(6) SOCIAL STUDIES, THREE UNITS, WHICH SHALL INCLUDE BOTH
OF THE FOLLOWING:
(a) AMERICAN HISTORY, ONE-HALF
UNIT;
(b) AMERICAN GOVERNMENT, ONE-HALF
UNIT.
(7) ELECTIVE UNITS, EIGHT UNITS UNTIL SEPTEMBER 15, 2003, AND
SEVEN UNITS THEREAFTER.
EACH STUDENT'S ELECTIVES SHALL INCLUDE AT LEAST ONE UNIT, OR TWO HALF
UNITS, CHOSEN FROM AMONG THE AREAS OF BUSINESS/TECHNOLOGY, FINE ARTS, AND/OR
FOREIGN LANGUAGE.
(C) EVERY HIGH SCHOOL
MAY PERMIT STUDENTS BELOW THE NINTH GRADE TO TAKE ADVANCED WORK
FOR CREDIT. A HIGH SCHOOL SHALL COUNT SUCH ADVANCED WORK TOWARD THE
GRADUATION REQUIREMENTS OF DIVISION (B) OF
THIS SECTION IF THE ADVANCED WORK WAS BOTH:
(1) TAUGHT BY A PERSON WHO POSSESSES A LICENSE OR CERTIFICATE ISSUED
UNDER SECTION 3319.22 OR 3319.222 OF THE
REVISED CODE
THAT IS VALID FOR TEACHING HIGH SCHOOL;
(2) DESIGNATED BY THE BOARD OF EDUCATION OF THE CITY, LOCAL, OR EXEMPTED
VILLAGE SCHOOL DISTRICT OR THE BOARD OF THE COOPERATIVE EDUCATION SCHOOL
DISTRICT AS MEETING THE HIGH SCHOOL CURRICULUM REQUIREMENTS.
(D) UNITS EARNED IN ENGLISH LANGUAGE ARTS,
MATHEMATICS, SCIENCE, AND SOCIAL STUDIES THAT ARE DELIVERED
THROUGH INTEGRATED ACADEMIC AND TECHNICAL INSTRUCTION ARE
ELIGIBLE TO MEET THE GRADUATION REQUIREMENTS OF DIVISION
(B) OF THIS SECTION.
Sec. 3313.608. (A)
BEGINNING WITH STUDENTS WHO ENTER FOURTH GRADE IN THE SCHOOL
YEAR THAT STARTS JULY 1, 2001,
NO CITY, EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT SHALL
PROMOTE TO FIFTH GRADE ANY STUDENT WHO FAILS TO ATTAIN THE SCORE
DESIGNATED UNDER DIVISION
(A)(1) OF SECTION 3301.0710 OF
THE REVISED
CODE ON THE TEST PRESCRIBED
UNDER THAT DIVISION TO MEASURE SKILL IN READING, UNLESS EITHER
OF THE FOLLOWING APPLIES:
(1) THE PUPIL WAS EXCUSED FROM TAKING THE TEST UNDER DIVISION
(C)(1) OF SECTION 3301.0711 OF THE REVISED
CODE;
(2) THE PUPIL'S PRINCIPAL AND READING TEACHER AGREE THAT
THE PUPIL IS ACADEMICALLY PREPARED, AS DETERMINED PURSUANT TO
THE DISTRICT POLICY ADOPTED UNDER SECTION 3313.609 OF THE
REVISED CODE, TO BE PROMOTED TO FIFTH GRADE.
(B)(1) TO ASSIST STUDENTS IN MEETING THIS FOURTH GRADE GUARANTEE
ESTABLISHED BY THIS SECTION, EACH CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL
DISTRICT SHALL ADOPT POLICIES AND PROCEDURES WITH WHICH IT
SHALL, BEGINNING IN THE SCHOOL YEAR THAT STARTS
JULY 1, 1998, ANNUALLY ASSESS
THE READING SKILLS OF EACH STUDENT AT THE END OF FIRST, SECOND,
AND THIRD GRADE AND IDENTIFY STUDENTS WHO ARE READING BELOW
THEIR GRADE LEVEL. THE POLICY AND PROCEDURES SHALL REQUIRE THE
STUDENTS' CLASSROOM TEACHERS TO BE INVOLVED IN THE ASSESSMENT AND THE
IDENTIFICATION OF STUDENTS READING BELOW GRADE LEVEL.
THE DISTRICT SHALL NOTIFY THE PARENT OR GUARDIAN OF EACH STUDENT
WHOSE READING SKILLS ARE BELOW GRADE LEVEL AND, IN ACCORDANCE
WITH DIVISION (C) OF THIS
SECTION, PROVIDE INTERVENTION SERVICES TO EACH STUDENT READING
BELOW GRADE LEVEL.
(2) FOR EACH STUDENT IDENTIFIED AS READING BELOW GRADE
LEVEL AT THE END OF THIRD GRADE, THE DISTRICT SHALL OFFER
INTENSE REMEDIATION SERVICES DURING THE SUMMER FOLLOWING THIRD
GRADE.
(3) FOR EACH STUDENT ENTERING FOURTH GRADE AFTER JULY 1, 2001,
WHO DOES NOT ATTAIN BY THE END OF THE FOURTH GRADE THE SCORE
DESIGNATED UNDER DIVISION
(A)(1) OF SECTION 3301.0710 OF
THE REVISED
CODE ON THE TEST PRESCRIBED
UNDER THAT DIVISION TO MEASURE SKILL IN READING, THE DISTRICT
ALSO SHALL OFFER INTENSE REMEDIATION SERVICES, AND ANOTHER
OPPORTUNITY TO TAKE THAT TEST, DURING THE SUMMER FOLLOWING
FOURTH GRADE.
(C) FOR EACH STUDENT
REQUIRED TO BE OFFERED REMEDIATION SERVICES UNDER THIS SECTION,
THE DISTRICT SHALL INVOLVE THE STUDENT'S PARENT OR GUARDIAN AND
CLASSROOM TEACHER IN DEVELOPING THE INTERVENTION STRATEGY, AND
SHALL OFFER TO THE PARENT OR GUARDIAN THE OPPORTUNITY TO BE
INVOLVED IN THE INTERVENTION SERVICES.
(D) BEGINNING IN THE SUMMER OF 1999, IN ADDITION TO THE
REMEDIATION REQUIREMENTS OF DIVISIONS (B) AND (C) OF THIS
SECTION, EVERY CITY, EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT SHALL OFFER
SUMMER REMEDIATION TO ANY STUDENT WHO HAS FAILED TO ATTAIN THE DESIGNATED
SCORES ON THREE OR MORE OF THE FIVE TESTS DESCRIBED BY DIVISION
(A)(1) OR (2) OF SECTION 3301.0710 of the Revised Code.
Sec. 3313.609. (A) AS USED IN THIS SECTION:
(1) "TRUANT" MEANS ABSENT WITHOUT EXCUSE.
(2) "ACADEMICALLY PREPARED" MEANS
WHATEVER
EDUCATIONAL STANDARD THE BOARD OF EDUCATION OF EACH CITY, EXEMPTED VILLAGE,
LOCAL, AND JOINT VOCATIONAL SCHOOL DISTRICT ESTABLISHES AS NECESSARY FOR THE
PROMOTION OF A STUDENT TO THE NEXT GRADE LEVEL PURSUANT TO THE POLICY ADOPTED
UNDER DIVISION
(B) OF THIS SECTION.
(B) THE BOARD OF EDUCATION OF EACH
CITY, EXEMPTED VILLAGE, LOCAL, AND JOINT VOCATIONAL SCHOOL DISTRICT SHALL
ADOPT
A GRADE PROMOTION AND RETENTION POLICY FOR STUDENTS. THE POLICY SHALL
PROHIBIT
THE PROMOTION OF A STUDENT TO THE NEXT GRADE LEVEL IF THE STUDENT HAS BEEN
TRUANT FOR MORE THAN TEN PER CENT OF THE REQUIRED ATTENDANCE DAYS OF THE
CURRENT SCHOOL YEAR AND HAS FAILED TWO OR MORE OF THE REQUIRED
CURRICULUM SUBJECT AREAS IN THE CURRENT GRADE UNLESS THE STUDENT'S PRINCIPAL
AND THE TEACHERS OF ANY FAILED SUBJECT AREAS AGREE THAT THE STUDENT IS
ACADEMICALLY PREPARED TO BE PROMOTED TO THE NEXT GRADE LEVEL.
Sec. 3313.6010. BY JULY 1, 1998, THE DEPARTMENT OF EDUCATION
SHALL RECOMMEND RULES TO THE GENERAL ASSEMBLY PERMITTING SCHOOL DISTRICTS TO
CONTRACT WITH PUBLIC AND PRIVATE PROVIDERS OF ACADEMIC REMEDIATION AND
INTERVENTION IN MATHEMATICS, SCIENCE, READING, WRITING, AND SOCIAL STUDIES FOR
THE PURPOSE OF ASSISTING PUPILS IN GRADES ONE THROUGH SIX OUTSIDE OF REGULAR
SCHOOL HOURS.
THE RULES RECOMMENDED UNDER THIS SECTION SHALL TAKE EFFECT UPON
APPROVAL OF THE GENERAL ASSEMBLY THROUGH PASSAGE OF A JOINT RESOLUTION.
Sec. 3313.61. (A) A diploma shall be granted by the board
of education of any city, exempted village, or local school
district that operates a high school to any person to whom all of
the following apply:
(1) The person has successfully completed the curriculum
in any high school or the individualized education program
developed for the person by any high school pursuant to section
3323.08 of the Revised Code;
(2) The person has attained at least the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests required by that division unless the person
was excused from taking any such test pursuant to division (C)(1)
of section 3301.0711 or section 3313.532 of the Revised Code or
unless division (H) of this section applies to the person;
(3) The person is not eligible to receive an honors
diploma granted pursuant to division (B) of this section.
No diploma shall be granted under this division to anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of
this section, an honors diploma shall be granted, in accordance
with rules of the state board of education, by any such district
board to anyone who successfully completes the curriculum in any
high school or the individualized education program developed for
the person by any high school pursuant to section 3323.08 of the
Revised Code, who has attained at least the applicable scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests required by that division, and who has met
additional criteria established by the state board for the
granting of such a diploma. No honors diploma shall be granted
to anyone failing to comply with this division and no more than
one honors diploma shall be granted to any student under this
division.
The state board shall adopt rules prescribing the granting
of honors diplomas under this division. These rules may
prescribe the granting of honors diplomas that recognize a
student's achievement as a whole or that recognize a student's
achievement in one or more specific subjects or both. In any
case, the rules shall designate two or more criteria for the
granting of each type of honors diploma the board establishes
under this division and the number of such criteria that must be
met for the granting of that type of diploma. The number of such
criteria for any type of honors diploma shall be at least one
less than the total number of criteria designated for that type
and no one or more particular criteria shall be required of all
persons who are to be granted that type of diploma.
(C) Any such district board administering any of the tests
required by section 3301.0710 of the Revised Code to any person
requesting to take such test pursuant to division (B)(4)(5)(b)
of
section 3301.0711 of the Revised Code shall award a diploma to
such person if he THE PERSON attains at least the applicable
scores
designated under division (B) of section 3301.0710 of the Revised
Code on all the tests administered and if he THE PERSON has
previously
attained the applicable scores on all the other tests required by
division (B) of that section or has been exempted or excused from
any such test pursuant to division (H) of this section or
division (C)(1) of section 3301.0711 or section 3313.532 of the
Revised Code.
(D) Each diploma awarded under this section shall be
signed by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible
under state board of education minimum standards to receive a
high school diploma based in whole or in part on credits earned
while an inmate of a correctional institution operated by the
state or any political subdivision thereof, shall be granted such
diploma by the correctional institution operating the programs in
which such credits were earned, and by the board of education of
the school district in which the inmate resided immediately prior
to his THE INMATE'S placement in the institution. The diploma
granted by the
correctional institution shall be signed by the director of the
institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are
inmates of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a
diploma by the correctional institution offering the program in
which the credits were earned. The diploma granted by the
correctional institution shall be signed by the director of the
institution and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the tests required by section 3301.0710 of
the Revised Code to inmates of correctional institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the test in
citizenship designated under division (B) of section 3301.0710 of
the Revised Code:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates he does not intend NO INTENTION to
reside in the United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the
board of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
Sec. 3313.98. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
the provisions of this section and sections 3313.981 to 3313.983
of the Revised Code that apply to a city school district do not
apply to a joint vocational or cooperative education school
district unless expressly specified.
(A) As used in this section and sections 3313.981 to
3313.983 of the Revised Code:
(1) "Parent" means either of the natural or adoptive
parents of a student, except under the following conditions:
(a) When the marriage of the natural or adoptive parents
of the student has been terminated by a divorce, dissolution of
marriage, or annulment or the natural or adoptive parents of the
student are living separate and apart under a legal separation
decree and the court has issued an order allocating the parental
rights and responsibilities with respect to the student, "parent"
means the residential parent as designated by the court except
that "parent" means either parent when the court issues a shared
parenting decree.
(b) When a court has granted temporary or permanent
custody of the student to an individual or agency other than
either of the natural or adoptive parents of the student,
"parent" means the legal custodian of the child.
(c) When a court has appointed a guardian for the student,
"parent" means the guardian of the student.
(2) "Native student" means a student entitled under
section 3313.64 or 3313.65 of the Revised Code to attend school
in a district adopting a resolution under this section.
(3) "Adjacent district" means a city, exempted village,
or local school district having territory that abuts the
territory of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
school in an adjacent district.
(5) "Adjacent district joint vocational
student" means
an
adjacent district student who enrolls
in a city, exempted
village, or local school district pursuant to this section and
who also enrolls in a joint vocational school district that does
not contain the territory of the district for which that student
is a native student and does contain the territory of the city,
exempted village, or local district in which the student enrolls.
(6) "Adjusted formula amount" means the dollar formula
amount specified in section 3317.022 of the Revised Code
multiplied by the
cost-of-doing-business factor for a
district defined in division (E) of section 3317.02 of the
Revised Code.
(7) "Poverty line" means the poverty line established by
the director of the United States office of management and budget
as revised by the director of the office of community services in
accordance with section 673(2) of the "Community Services Block
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(8) "IEP" means an individualized education program
defined by division (E) of section 3323.01 of the Revised Code.
(9) "OTHER DISTRICT" MEANS A CITY,
EXEMPTED VILLAGE, OR LOCAL SCHOOL DISTRICT HAVING TERRITORY
OUTSIDE OF THE TERRITORY OF A DISTRICT ADOPTING A RESOLUTION
UNDER THIS SECTION.
(10) "OTHER DISTRICT STUDENT" MEANS A STUDENT ENTITLED
UNDER SECTION 3313.64 OR 3313.65 OF THE
REVISED
CODE TO ATTEND SCHOOL IN AN
OTHER DISTRICT.
(11) "OTHER DISTRICT JOINT VOCATIONAL STUDENT" MEANS A
STUDENT WHO IS ENROLLED IN ANY CITY, EXEMPTED VILLAGE, OR LOCAL
SCHOOL DISTRICT AND WHO ALSO ENROLLS IN A JOINT VOCATIONAL
SCHOOL DISTRICT THAT DOES NOT CONTAIN THE TERRITORY OF THE
DISTRICT FOR WHICH THAT STUDENT IS A NATIVE STUDENT IN
ACCORDANCE WITH A POLICY ADOPTED UNDER SECTION 3313.983 OF THE
REVISED CODE.
(B) The board of education of each city, local, and
exempted village school district shall MAY adopt a resolution
pertaining to enrollment of students from adjacent
districts.
The resolution shall, beginning with the school year that begins
July 1, 1993, either THAT entirely prohibit
PROHIBITS the enrollment of students from adjacent DISTRICTS OR
OTHER districts, other than students for whom
tuition is
paid in accordance with section 3317.08 of the Revised Code, or
shall permit THAT PERMITS enrollment of students from all adjacent
districts in accordance with a policy contained in the resolution.
A,
OR THAT PERMITS ENROLLMENT OF
STUDENTS FROM ALL OTHER DISTRICTS IN ACCORDANCE WITH A POLICY
CONTAINED IN THE RESOLUTION.
A policy permitting enrollment of students from adjacent
OR FROM OTHER districts, AS APPLICABLE, shall
provide for all
of the following:
(1) Application procedures, including deadlines for
application and for notification of students and the
superintendents SUPERINTENDENT of adjacent districts
THE APPLICABLE DISTRICT whenever an adjacent OR OTHER
district student's application is
approved.
(2) Procedures for admitting ADJACENT OR OTHER DISTRICT applicants
from
adjacent
schools free of any tuition obligation to the district's schools,
including, but not limited to:
(a) The establishment of district capacity limits by grade
level, school building, and education program;
(b) A requirement that all native students wishing to be
enrolled in the district will be enrolled and that any adjacent
OR OTHER district students previously
enrolled in the district shall
receive preference over first-time applicants;
(c) Procedures to ensure that an appropriate racial
balance is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting adjacent OR OTHER district
students, AS APPLICABLE, shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping conditions, except that a board may refuse to admit
an adjacent district A student receiving services under Chapter
3323. of the Revised Code, if the services described in the
student's IEP are not available in the district's schools;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled by the adjacent
STUDENT'S district
for ten consecutive days or more in the term for which admission
is sought or in the term immediately preceding the term for which
admission is sought, the procedures may include a provision
denying admission of such applicant.
(D)(1) Each school board PERMITTING ONLY ENROLLMENT OF ADJACENT
DISTRICT STUDENTS shall provide information about the
policy adopted under this section, including the application
procedures and deadlines, to the superintendent and the board of
education of each adjacent district and, upon request, to the
parent of any adjacent district student.
(2) EACH SCHOOL BOARD PERMITTING ENROLLMENT OF OTHER
DISTRICT STUDENTS SHALL PROVIDE INFORMATION ABOUT THE POLICY
ADOPTED UNDER THIS SECTION, INCLUDING THE APPLICATION PROCEDURES
AND DEADLINES, UPON REQUEST, TO THE BOARD OF EDUCATION OF ANY
OTHER SCHOOL DISTRICT OR TO THE PARENT OF ANY STUDENT
ANYWHERE IN THE STATE.
(E) Any school board shall accept all credits toward
graduation earned in adjacent OR OTHER district schools by an
adjacent OR OTHER district student or a native student.
(F)(1) No board of education may adopt a policy
discouraging or prohibiting its native students from applying to
enroll in the schools of an adjacent OR ANY OTHER district that has
adopted a policy permitting such enrollment, except that:
(a) A district may object to the enrollment of a native
student in an adjacent OR OTHER district in order to maintain an
appropriate racial balance.
(b) The board of education of a district receiving funds
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,
may adopt a resolution objecting to the enrollment of its native
students in adjacent OR OTHER districts if at least ten per cent of
its students are included in the determination of the United States secretary
of education made under section 20 U.S.C.A. 238(a).
(2) If a board objects to enrollment of native students
under this division, any adjacent OR OTHER district shall refuse to
enroll
such native students unless tuition is paid for the students in
accordance with section 3317.08 of the Revised Code. An adjacent
OR OTHER district enrolling such students may not receive funding for
those students in accordance with section 3313.981 of the Revised
Code.
(G) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies. The board may adopt rules requiring uniform
application procedures, deadlines for application, notification
procedures, and record-keeping requirements for all school boards
that adopt policies permitting the enrollment of adjacent OR OTHER
district students, AS APPLICABLE. If
the state board adopts such rules, no
school board shall adopt a policy that conflicts with those
rules.
(H) A resolution adopted by a board of education under
this section that entirely prohibits the enrollment of students
from adjacent AND FROM OTHER school districts does not abrogate any
agreement
entered into under section 3313.841 or 3313.92 of the Revised
Code or any contract entered into under section 3313.90 of the
Revised Code between the board of education adopting the
resolution and the board of education of any adjacent OR OTHER
district or
prohibit these boards of education from entering into any such
agreement or contract.
(I) Nothing in this section shall be construed to permit
or require the board of education of a city, exempted village, or
local school district to exclude any native student of the
district from enrolling in the district.
Sec. 3313.981. (A) The state board shall adopt rules
requiring both of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
adjacent DISTRICT OR OTHER district students, AS
APPLICABLE, and adjacent district OR OTHER DISTRICT joint
vocational
students, AS APPLICABLE, enrolled in the district and
the number of native students enrolled in adjacent OR OTHER districts,
in accordance
with a
policy adopted under DIVISION (B) OF section 3313.98 of the
Revised Code; each
adjacent DISTRICT OR OTHER district student's OR ADJACENT DISTRICT
OR OTHER DISTRICT
JOINT
VOCATIONAL
STUDENT'S date of enrollment in the district; and
each native student's date of enrollment in an adjacent OR
OTHER
district;
(2) The board of education of each joint vocational school
district to annually report the number of adjacent DISTRICT OR OTHER
district joint
vocational students, AS APPLICABLE, enrolled in the
district and, for each such
student, the city, exempted village, or local school district in
which the student is ALSO enrolled as an adjacent district
student.
The rules shall provide for the method of counting students
who are enrolled for part of a school year in an adjacent OR OTHER
district OR AS AN ADJACENT DISTRICT OR OTHER DISTRICT JOINT VOCATIONAL
STUDENT.
(B) From the payments made to a city, exempted village, or
local school district under Chapter 3317. of the Revised Code,
the department of education shall annually subtract both of the
following:
(1) An amount equal to the number of the district's native
students reported under division (A)(1) of this section who are
enrolled in adjacent OR OTHER school districts PURSUANT TO POLICIES
ADOPTED BY SUCH DISTRICTS UNDER DIVISION (B) OF SECTION
3313.98 of the Revised Code multiplied by the adjusted
formula amount for the district;
(2) The excess costs computed in accordance with division
(E) of this section for any such native students receiving
special education and related services in adjacent OR OTHER school
districts OR AS AN ADJACENT DISTRICT OR OTHER DISTRICT JOINT VOCATIONAL
STUDENT.
(C) To the payments made to a city, exempted village, or
local school district under Chapter 3317. of the Revised Code,
the department of education shall annually add all of the
following:
(1) An amount equal to the adjusted formula amount for the
district multiplied by the remainder obtained by subtracting the
number of adjacent DISTRICT OR OTHER district joint vocational students
from
the
number of adjacent DISTRICT OR OTHER district students enrolled in the
district, as
reported under division (A)(1) of this section;
(2) The excess costs computed in accordance with division
(E) of this section for any adjacent DISTRICT OR OTHER district
students,
except
for any adjacent OR OTHER district joint vocational students,
receiving
special education and related services in the district;
(3) An amount equal to the number of adjacent DISTRICT OR OTHER
district
joint vocational students reported under division (A)(1) of this
section multiplied by an amount equal to one-fourth of the
adjusted formula amount for the district.
(D) To the payments made to a joint vocational school
district under Chapter 3317. of the Revised Code, the department
of education shall add, for each adjacent DISTRICT OR OTHER district
joint
vocational student reported under division (A)(2) of this
section, an amount equal to three-fourths of the adjusted formula
amount of the city, exempted village, or local school district in
which the student is ALSO enrolled as an adjacent district
student.
(E)(1) A city, exempted village, or local school board
providing special education and related services to an adjacent
OR OTHER district student in
accordance with an IEP shall, pursuant to
rules of the state board, compute the excess costs to educate
such student as follows:
(a) Subtract the adjusted formula amount for the district
from the actual costs to educate the student;
(b) From the amount computed under division (E)(1)(a) of
this section subtract the amount of any funds received by the
district under Chapter 3317. of the Revised Code to provide
special education and related services to the student.
(2) The board shall report the excess costs computed under
this division to the department of education.
(3) If any student for whom excess costs are computed
under division (E)(1) of this section is an adjacent OR OTHER
district
joint vocational student, the department of education shall add
the amount of such excess costs to the payments made under
Chapter 3317. of the Revised Code to the joint vocational school
district enrolling the student.
(F) Notwithstanding section 3317.03 of the Revised Code:
(1) No city, exempted village, or local school district
shall count any adjacent OR OTHER district student reported under
division
(A) of this section in its ADM certified under section 3317.03 of
the Revised Code.
(2) Each city, exempted village, and local school district
shall count in its ADM certified under such section, any native
student enrolled in the schools of an adjacent OR AN OTHER district
under
section 3313.98 of the Revised Code.
(3) No joint vocational school district shall count any
adjacent OR OTHER district joint vocational student enrolled in the
district in its ADM certified under section 3317.03 of the
Revised Code.
(G) No city, exempted village, or local school district
shall receive a payment under division (C) of this section for a
student, and no joint vocational school district shall receive a payment under
division (D) of this section for a student, if for the same school
year that student is counted in the district's ADM certified under
section 3317.03 of the Revised Code.
(H) Upon request of a parent, and provided the board
offers transportation to native students of the same grade level
and distance from school under section 3327.01 of the Revised
Code, a city, exempted village, or local school board enrolling
an adjacent OR OTHER district student shall provide transportation
for the
student within the boundaries of the board's district, except
that the board shall be required to pick up and drop off a
nonhandicapped student only at a regular school bus stop
designated in accordance with the board's transportation policy.
Pursuant to rules of the state board of education, such board may
reimburse the parent from funds received under division (K) of
section 3317.024 of the Revised Code for the reasonable cost of
transportation from the student's home to the designated school
bus stop if the student's family has an income below the federal
poverty line.
Sec. 3313.983. (A) The board of education of each joint
vocational school district shall adopt a policy pertaining
to
enrollment of students who, upon enrollment, will be adjacent
district joint vocational students. The EXCEPT THAT, IN LIEU OF
SUCH A POLICY, A BOARD MAY ADOPT A POLICY PERTAINING TO ENROLLMENT OF STUDENTS
WHO, UPON ENROLLMENT, WILL BE OTHER DISTRICT JOINT VOCATIONAL STUDENTS. ANY
SUCH policy TO ENROLL OTHER DISTRICT JOINT VOCATIONAL STUDENTS
shall
apply
beginning with the school year that commences July 1, 1993, and
1998.
A POLICY ADOPTED UNDER THIS SECTION shall provide for all of the
following:
(1) Application procedures, including procedures for
notifying any future adjacent DISTRICT OR OTHER district joint
vocational
students, AS APPLICABLE,
and the superintendent of the city, exempted village, or local
school districts in which they are ALSO enrolled as adjacent
district
students whenever their applications are approved;
(2) Procedures for admitting to the district applicants
who will be, AS APPLICABLE, adjacent DISTRICT OR
OTHER district joint vocational students,
including, but not limited to:
(a) The establishment of district capacity limits by grade
level, school building, and education program;
(b) A requirement that all students entitled under section
3313.64 or 3313.65 of the Revised Code to attend school in a
district that has territory in the joint vocational school
district will be enrolled in the district AHEAD OF ANY ADJACENT DISTRICT OR
OTHER DISTRICT JOINT
VOCATIONAL STUDENTS;
(c) A requirement that any previously enrolled adjacent DISTRICT OR
OTHER
district joint vocational student, AS APPLICABLE, shall
receive preference over
first-time applicants to become adjacent DISTRICT OR OTHER district
joint
vocational students.
(B) The procedures for admitting students who will be, AS
APPLICABLE, adjacent DISTRICT OR OTHER district joint
vocational students shall not
include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping conditions, except that a board may refuse to admit
an applicant receiving services under Chapter 3323. of the
Revised Code if the services described in the student's IEP are
not available in the district;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled by any school district
for ten consecutive days or more in the term for which admission
is sought or in the term immediately preceding the term for which
admission is sought, the procedures may include a provision
denying admission of such applicant.
(C) The board of education of each joint vocational school
district shall provide information about the policy it adopts
under this section, including the application procedures, to the
superintendent and the board of education of each city, exempted
village, and local school district with territory in the district
and, upon request, to the parent of any student who could become, AS
APPLICABLE, an adjacent DISTRICT OR OTHER district joint
vocational student of the
district.
Sec. 3314.01. (A)(1) A board of education may permit all or part of
any of the schools under its control, upon request of a proposing person or
group and
provided the person or group meets the requirements of this chapter, to become
a community school.
(2) ANY PERSON OR GROUP OF INDIVIDUALS MAY PROPOSE THE CREATION
OF A COMMUNITY SCHOOL PURSUANT TO THE PROVISIONS OF THIS CHAPTER. NO
NONPUBLIC CHARTERED OR NONCHARTERED SCHOOL IN EXISTENCE ON JANUARY 1,
1997, IS ELIGIBLE TO BECOME A COMMUNITY SCHOOL UNDER THIS CHAPTER.
(B) A community school
created under this chapter is a public school, independent of
any school district, and is part of the state's program of
education. A community school may sue and be sued, acquire facilities as
needed, contract for any services necessary for
the operation of the school, and enter into contracts with a sponsor pursuant
to this chapter.
The governing authority of a
community school may carry out any act and ensure the performance of any
function that is in compliance with the Ohio
Constitution, this chapter, other statutes applicable to community
schools, and the contract entered into under this chapter establishing the
school.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means
the A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL board
of education of the school district
in which a proposed community school is located and OR THE STATE BOARD
OF EDUCATION with which the governing
authority of the
proposed community school enters into a contract pursuant to this section.
(2) "Pilot project district" means a school district
included in the territory of a community school pilot project
established by Am. Sub. H.B. No. 215 of the 122nd general assembly.
(3) "BIG EIGHT SCHOOL DISTRICT" MEANS ANY OF THE SAME DISTRICTS
DESCRIBED IN SECTION 3317.02, EXCEPT FOR A PILOT PROJECT DISTRICT.
(4) "NEW START-UP SCHOOL" MEANS A COMMUNITY SCHOOL OTHER THAN ONE CREATED
BY CONVERTING ALL OR PART OF AN EXISTING PUBLIC SCHOOL, AS DESIGNATED IN THE
SCHOOL'S CONTRACT PURSUANT TO DIVISION (A)(17) OF SECTION 3314.03
of the Revised Code.
(B) Prior to July 1, 2002, any ANY person or group of
individuals may initially propose under this
division the conversion of all or a portion of a public school to a community
school. The proposal shall be made to the board of education of
a city, local, or
exempted village school district, other than a pilot project district, in
which the public school is proposed to be converted. Upon receipt of a
proposal, a board may enter into a preliminary agreement with the person or
group proposing the conversion of the
public school, indicating the intention of the board of education to
support the conversion to a community school. A proposing person or group
that has a preliminary
agreement under this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a contract with
the board of education. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the board of
education shall negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this section.
(C)(1) ANY PERSON OR GROUP OF
INDIVIDUALS MAY PROPOSE UNDER THIS DIVISION THE
ESTABLISHMENT OF A NEW START-UP SCHOOL TO BE LOCATED IN A BIG
EIGHT SCHOOL DISTRICT. SUCH PROPOSAL MAY BE MADE TO
ANY OF THE FOLLOWING PUBLIC
ENTITIES:
(a) THE BOARD OF EDUCATION OF THE
BIG EIGHT SCHOOL DISTRICT IN WHICH THE SCHOOL IS PROPOSED TO BE LOCATED;
(b) THE BOARD OF EDUCATION OF ANY JOINT
VOCATIONAL SCHOOL DISTRICT WITH TERRITORY IN THE COUNTY IN WHICH THE MAJORITY
OF THE TERRITORY OF THAT BIG EIGHT DISTRICT IS LOCATED;
(c) THE BOARD OF EDUCATION OF ANY OTHER
CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT HAVING
TERRITORY IN THE SAME COUNTY IN WHICH THAT BIG EIGHT DISTRICT HAS
THE MAJOR PORTION OF ITS TERRITORY;
(d) THE STATE BOARD OF EDUCATION.
SUCH BIG EIGHT DISTRICT BOARD, JOINT VOCATIONAL BOARD, OTHER SCHOOL
DISTRICT BOARD,
OR STATE BOARD MAY ENTER INTO A PRELIMINARY AGREEMENT PURSUANT
TO DIVISION (C)(2) OF THIS SECTION WITH THE PROPOSING PERSON OR
GROUP.
(2) A PRELIMINARY AGREEMENT INDICATES THE
INTENTION OF A PUBLIC ENTITY DESCRIBED IN DIVISION (C)(1)
OF THIS SECTION
TO SPONSOR THE COMMUNITY SCHOOL. A PROPOSING PERSON OR
GROUP THAT HAS SUCH A PRELIMINARY AGREEMENT MAY PROCEED TO
FINALIZE PLANS FOR THE SCHOOL, ESTABLISH A GOVERNING AUTHORITY
FOR THE SCHOOL, AND NEGOTIATE A CONTRACT WITH THE PUBLIC ENTITY.
PROVIDED THE PROPOSING PERSON OR GROUP ADHERES TO THE
PRELIMINARY AGREEMENT AND ALL PROVISIONS OF THIS CHAPTER, THE
PUBLIC ENTITY SHALL NEGOTIATE IN GOOD FAITH TO ENTER INTO A
CONTRACT IN ACCORDANCE WITH SECTION 3314.03 OF THE REVISED
CODE.
(D) A majority vote of a sponsoring school district board and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and
convert the public school to a community school OR ESTABLISH THE NEW
START-UP SCHOOL. An unlimited number of
community schools
may be established in any school district
provided that a contract is entered into for each community school pursuant to
this chapter.
Sec. 3314.03. (A) Each contract entered into under section
3314.02 of the Revised Code between a sponsor and the governing authority of a
community school shall specify the following:
(1) That the school shall be established as a nonprofit
corporation established under Chapter 1702. of the Revised Code;
(2) The education program of the school, including the school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the focus of the
curriculum;
(3) The academic goals to be achieved and the method of measurement that
will be used to determine progress toward those
goals, which shall include the statewide proficiency tests;
(4) Performance standards by which the success of the
school will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised Code;
(6) Dismissal procedures;
(7) The ways by which the school will achieve racial and ethnic balance
reflective of the community it serves;
(8) Requirements and procedures for program and financial audits,
including audits by the auditor of state and the department of education.
The contract shall require financial records of the school to be maintained in
the same manner as are financial records of school districts, pursuant to
rules of the auditor of state.
(9) The facility to be used and its location;
(10) Qualifications of teachers, including a requirement that the school's
classroom teachers be licensed in accordance with sections 3319.22 to
3319.31 of the Revised Code, except that a community school may engage
noncertificated
persons to teach up to twelve hours per week pursuant to section 3319.301
of the Revised Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a minimum
of twenty-five students for a minimum of nine
hundred twenty hours per school year;
(b) The governing authority will
purchase liability insurance, or otherwise provide for the
potential liability of the school;
(c) The school will be
nonsectarian in its programs, admission policies,
employment practices, and all other operations, and will not be
operated by a sectarian school or religious institution;
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711, 3301.0714,
3313.50, 3313.643, 3313.66, 3313.661, 3313.662, 3313.67, 3313.672,
3313.673, 3313.69, 3313.71, 3313.80, 3313.96,
3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4113.52 and
Chapters 117., 1347., 2744., 4112., 4123., 4141., and 4167. of the
Revised Code as if it were a school district;
(e) The school shall comply with Chapter 102. of the Revised
Code except that nothing in that chapter shall prohibit a
member of the school's governing board from also being an employee
of the school and nothing in that chapter or section 2921.42 of
the Revised Code shall prohibit a member of the
school's governing board from having an interest in a contract into which the
governing board enters;
(f) The school will comply with sections 3313.61 and
3313.611 of the Revised Code, except that the
requirement in those sections that a person must successfully
complete the curriculum in any high school prior to receiving a
high school diploma may be met by completing the curriculum adopted by the
governing authority of the community school
rather than the curriculum specified in Title XXXIII of the
Revised Code or any rules of the state board of education;
(g) The school governing authority will submit an annual report
of its activities and progress in meeting the goals and standards of divisions
(A)(3) and (4) of this section and its financial status to the
sponsor and to the parents of all students enrolled in the school.
(12) Arrangements for providing health and other benefits
to employees;
(13) The length of the contract, which shall BEGIN AT THE BEGINNING OF AN
ACADEMIC YEAR AND SHALL not exceed three years;
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget for each year
of
the period of the contract and specifying the total estimated per pupil
expenditure amount for each such year. The plan shall specify for
each year the base formula amount
that will be used for purposes of funding calculations under section 3314.08
of the Revised Code. This base formula amount for any year shall not exceed
the dollar formula amount specified for the year under section 3317.022
of the Revised Code. The plan may also
specify for any year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid the school is to receive that year
under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Specification WHETHER THE SCHOOL IS TO BE CREATED BY
CONVERTING ALL OR PART OF AN EXISTING PUBLIC SCHOOL OR IS TO BE A NEW START-UP
SCHOOL, AND IF IT IS A CONVERTED PUBLIC SCHOOL, SPECIFICATION of any
duties
or
responsibilities of an employer that the board of education that operated the
school before conversion is delegating to the governing board of the community
school with respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement applicable
to such employees;
(18) PROVISIONS ESTABLISHING PROCEDURES FOR RESOLVING DISPUTES OR
DIFFERENCES OF OPINION BETWEEN THE SPONSOR AND THE GOVERNING AUTHORITY OF THE
COMMUNITY SCHOOL.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the following:
(1) The process by which the governing authority of the school will be
selected in the future;
(2) The management and administration of the school;
(3) Alternative IF THE COMMUNITY SCHOOL IS A CURRENTLY EXISTING
PUBLIC SCHOOL, ALTERNATIVE arrangements
for current public school students who choose
not to attend the school and teachers who choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of the
school;
(5) Internal financial controls.
(C) A CONTRACT ENTERED INTO UNDER
SECTION 3314.02 OF THE REVISED
CODE BETWEEN A SPONSOR AND THE GOVERNING
AUTHORITY OF A COMMUNITY SCHOOL MAY PROVIDE FOR THE COMMUNITY SCHOOL GOVERNING
AUTHORITY TO MAKE PAYMENTS TO THE SPONSOR, WHICH IS HEREBY AUTHORIZED TO
RECEIVE SUCH PAYMENTS AS SET FORTH IN THE CONTRACT BETWEEN THE GOVERNING
AUTHORITY AND THE SPONSOR.
Sec. 3314.05. The contract between the community school and the sponsor
shall specify the facility to be used for the community school AND THE
METHOD OF ACQUISITION. Any facility used for a community school shall
meet all health and safety standards established by law for school buildings.
In the case where a community school is proposed to be
located in a facility owned by a school district or educational service
center, the facility may not be used
for such community school unless the district or service center board
owning the facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be
under any terms and conditions agreed to by the district or service center
board and the school.
Sec. 3314.10. (A)(1) The governing authority of
any community school established under this chapter may employ
teachers and nonteaching employees necessary to carry out its
mission and fulfill its contract.
(2) Except as provided under division (A)(3) of this section,
employees hired under this
section may organize and collectively bargain pursuant to
Chapter 4117. of the Revised Code. Notwithstanding
division (D)(1) of section 4117.06 of the Revised
Code, a unit containing teaching and nonteaching employees employed
under this section shall be considered an appropriate unit. As applicable,
employment under this section is subject to either Chapter 3307. or
3309. of the Revised Code.
(3) At IF A SCHOOL IS CREATED BY CONVERTING ALL OR PART OF AN
EXISTING PUBLIC SCHOOL RATHER THAN BY ESTABLISHMENT OF A NEW START-UP SCHOOL,
AT the time a community school is created by converting all or
part of an existing public school into the community school
CONVERSION, the employees of
the community school shall remain part of any collective bargaining unit in
which they were included immediately prior to the conversion and shall remain
subject to any collective bargaining agreement for that unit in effect on the
first day of July of the year in which the
community school initially begins operation and shall be subject to any
subsequent collective bargaining agreement for that unit, unless a petition is
certified as sufficient under division (A)(6)
of this section with regard to those employees. Any new employees of the
community school shall also be included in the unit to which they would have
been assigned had not the conversion taken place and shall be subject to the
collective bargaining agreement for that unit unless a petition is certified
as sufficient under division (A)(6) of this section with regard to those
employees.
Notwithstanding division (B) of section 4117.01 of the Revised
Code, the board of education of a school
district and not the governing authority of a community school shall be
regarded, for purposes of Chapter 4117. of the Revised Code,
as the "public employer" of the employees of the A CONVERSION
community school subject to a
collective bargaining agreement pursuant to division
(A)(3) of this section unless a petition is certified under division (A)(6) of
this section with regard to those employees. Only on and after the effective
date of a petition certified as sufficient under division (A)(6) of this
section shall division (A)(2) of this section apply to those employees of that
community school and only on and after the effective date of
that petition shall Chapter 4117. of the Revised Code
apply to the governing authority of that community school with regard to those
employees.
(4) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No. 133 of the
115th general assembly, the employees of a CONVERSION community school
who are subject to a collective bargaining agreement pursuant to division
(A)(3) of this section shall cease to be
subject to that agreement and all subsequent agreements pursuant to that
division and shall cease to be part of the collective bargaining unit that is
subject to that and all subsequent agreements, if a majority of the employees
of the THAT community school who are subject to that collective
bargaining agreement sign and submit to the state employment relations board a
petition
requesting all of the following:
(a) That all the employees of the community school
who are subject to that agreement be removed from the bargaining unit that is
subject to that agreement and be designated by the state employment relations
board as a new and separate bargaining unit for purposes of
Chapter 4117. of the
Revised Code;
(b) That the employee organization certified as the
exclusive representative of the employees of the bargaining unit from which
the employees are to be removed be certified as the exclusive representative
of
the new and separate bargaining unit for purposes of Chapter 4117. of the
Revised Code;
(c) That the governing authority of the community
school be regarded as the "public employer" of these employees for purposes of
Chapter 4117. of the Revised Code.
(5) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill
No. 133 of the 115th general assembly, the employees of a CONVERSION
community school
who are subject to a collective bargaining agreement pursuant to division
(A)(3) of this section shall cease to be
subject to that agreement and all subsequent agreements pursuant to that
division, shall cease to be part of the collective bargaining unit that is
subject to that and all subsequent agreements, and shall cease to be
represented by any exclusive representative of that collective bargaining
unit, if a majority of the employees of the community school who are subject
to that collective bargaining agreement sign and submit to the state
employment relations board a petition requesting all of the following:
(a) That all the employees of the community school
who are subject to that agreement be removed from the bargaining unit that is
subject to that agreement;
(b) That any employee organization certified as the
exclusive representative of the employees of that bargaining unit be
decertified as the exclusive representative of the employees of the community
school who are subject to that agreement;
(c) That the governing authority of the community school be
regarded as the "public employer" of these employees for purposes of
Chapter 4117. of the Revised Code.
(6) Upon receipt of a petition under division (A)(4) or (5) of this section,
the state employment relations board shall check the sufficiency of the
signatures on the
petition. If the signatures are found sufficient, the board shall certify the
sufficiency of the petition and so notify the parties involved, including the
board of education, the governing authority of the community school, and any
exclusive representative of the bargaining unit. The changes requested in a
certified petition shall take effect on the first day of the month immediately
following the date on which the sufficiency of the petition is certified under
division (A)(6) of this section.
(B)(1) The board of education of each city, local, and exempted village
school district sponsoring a community school
and the governing board of each
educational service center in which a community school is located
shall adopt a policy that provides a leave of absence of at
least three years to each teacher or nonteaching employee of the district or
service center who is employed by a CONVERSION OR NEW START-UP
community school located in SPONSORED BY the district
or LOCATED IN THE DISTRICT OR center for the period during which the
teacher or employee is
continuously employed by the community school. The policy shall also provide
that any teacher or nonteaching employee may return to employment by the
district or service center if the teacher or employee leaves or is discharged
from employment with the community school for any reason,
UNLESS, IN THE CASE OF A TEACHER, THE BOARD OF THE DISTRICT OR SERVICE
CENTER DETERMINES THAT THE TEACHER WAS DISCHARGED FOR A REASON FOR WHICH THE
BOARD WOULD HAVE SOUGHT TO DISCHARGE THE TEACHER UNDER SECTION 3319.16 of the Revised Code,
IN WHICH CASE THE BOARD MAY PROCEED TO DISCHARGE THE TEACHER UTILIZING THE
PROCEDURES OF THAT SECTION. Upon termination
of such a leave of absence, any seniority that is applicable to
the person shall be calculated to include all of the following: all
employment by the district or service center prior to the leave of absence;
all employment by the community school during the leave of
absence; and all employment by the district or service center after the leave
of absence. The policy shall also provide that
if any teacher holding valid certification returns to employment by the
district or service center upon
termination of such a leave of absence, the teacher shall be restored to
the previous position and salary or to a position and salary similar thereto.
If, as a result of teachers returning to employment upon
termination of such leaves of absence, a school district or educational
service center reduces the number of teachers it employs, it shall make such
reductions in accordance with section 3319.17 of the Revised Code.
Unless a collective bargaining agreement providing otherwise is in effect for
an employee of a CONVERSION community school pursuant to division
(A)(3) of this section, an employee on a leave of absence pursuant to this
division shall remain eligible for any
benefits that are in addition to benefits under Chapter 3307. or
3309. of the Revised Code provided by the district or service center to its
employees provided the employee pays the entire cost associated
with such benefits, except that personal leave and vacation leave
cannot be accrued for use as an employee of a school district or service
center while in the employ of a community school unless the district or
service center board adopts a policy expressly permitting this accrual.
(2) While on a leave of absence pursuant to division (B)(1) of this section,
a CONVERSION community school shall permit a teacher to use sick leave
accrued while in the employ of the school district from which the leave of
absence was taken and prior to commencing such leave. If a teacher who is on
such a leave of absence uses sick leave so accrued, the cost of any salary
paid by the
community school to the teacher for that time shall be reported to the
department of education. The cost of employing a substitute teacher for that
time shall be paid by the community school. The department of education shall
add amounts to the payments made to a community school under this chapter as
necessary to cover the cost of salary reported by a community school as paid
to a teacher using sick leave so accrued pursuant to this section. The
department shall subtract the amounts of any
payments made to community schools under this division from payments made to
such sponsoring school district under Chapter 3317. of the Revised Code.
A school district providing a leave of absence and employee benefits to a
person pursuant to this division is not liable for any action of that person
while the person is on such leave and employed by a community school.
Sec. 3314.11. THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A STATE
COMMUNITY SCHOOL COMMISSION. THE COMMISSION SHALL PROVIDE ASSISTANCE AND
INFORMATION TO PERSONS OR GROUPS CONSIDERING PROPOSING A COMMUNITY SCHOOL, TO
GOVERNING AUTHORITIES OF COMMUNITY SCHOOLS, AND TO SCHOOL DISTRICT BOARDS
SPONSORING OR CONSIDERING SPONSORING A COMMUNITY SCHOOL.
Sec. 3314.20. THIS SECTION DOES NOT APPLY TO ANY SCHOOL DISTRICT DECLARED
TO BE EFFECTIVE PURSUANT TO DIVISION (B)(1) OF SECTION 3302.03 of the Revised Code.
(A) THE DEPARTMENT OF EDUCATION SHALL RECOMMEND RULES
TO THE GENERAL ASSEMBLY REQUIRING SCHOOL
DISTRICTS WITH AVERAGE DAILY MEMBERSHIPS OF OVER FIVE THOUSAND,
AS REPORTED PURSUANT TO DIVISION
(A) OF SECTION 3317.03 OF THE
REVISED CODE, TO DESIGNATE ONE SCHOOL
BUILDING TO BE OPERATED BY A SITE-BASED MANAGEMENT COUNCIL. THE
RULES SHALL SPECIFY THE COMPOSITION OF THE COUNCIL AND THE MANNER IN
WHICH MEMBERS OF THE COUNCIL ARE TO BE SELECTED AND
REMOVED.
(B) THE RULES ADOPTED
UNDER DIVISION (A) OF THIS
SECTION SHALL SPECIFY THOSE POWERS, DUTIES, FUNCTIONS, AND
RESPONSIBILITIES THAT SHALL BE VESTED IN THE MANAGEMENT COUNCIL
AND THAT WOULD OTHERWISE BE EXERCISED BY THE DISTRICT BOARD OF
EDUCATION. THE RULES SHALL ALSO ESTABLISH A MECHANISM FOR
RESOLVING ANY DIFFERENCES BETWEEN THE COUNCIL AND THE DISTRICT
BOARD IF THERE IS DISAGREEMENT AS TO THEIR RESPECTIVE POWERS,
DUTIES, FUNCTIONS, AND RESPONSIBILITIES.
(C) THE BOARD OF EDUCATION OF ANY
SCHOOL DISTRICT DESCRIBED BY DIVISION
(A) OF THIS SECTION MAY, IN
LIEU OF COMPLYING WITH THE RULES ADOPTED UNDER THIS SECTION,
FILE WITH THE DEPARTMENT OF EDUCATION
AN ALTERNATIVE STRUCTURE FOR A
DISTRICT SITE-BASED MANAGEMENT PROGRAM IN AT LEAST ONE OF ITS
SCHOOL BUILDINGS. THE PROPOSAL SHALL SPECIFY THE COMPOSITION OF
THE COUNCIL, WHICH SHALL INCLUDE AN EQUAL NUMBER OF PARENTS AND TEACHERS AND
THE BUILDING PRINCIPAL, AND THE METHOD OF SELECTION AND REMOVAL OF THE
COUNCIL MEMBERS. THE PROPOSAL SHALL ALSO CLEARLY DELINEATE THE
RESPECTIVE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF
THE DISTRICT BOARD AND THE COUNCIL.
THE DISTRICT'S PROPOSAL SHALL COMPLY SUBSTANTIALLY WITH THE RULES APPROVED BY
THE GENERAL ASSEMBLY.
(D) THE RULES RECOMMENDED UNDER THIS SECTION SHALL TAKE EFFECT
UPON APPROVAL OF THE GENERAL ASSEMBLY THROUGH THE PASSAGE OF A JOINT
RESOLUTION.
Sec. 3317.06. Moneys paid to school districts under
division (P) of section 3317.024 of the Revised Code shall be
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks as have been
approved by the superintendent of public instruction for use in
public schools in the state and to loan such textbooks to pupils
attending nonpublic schools within the district or to their
parents and to hire clerical personnel to administer such lending
program. Such loans shall be based upon individual requests
submitted by such nonpublic school pupils or parents. Such
requests shall be submitted to the school district in which the
nonpublic school is located. Such individual requests for the
loan of textbooks shall, for administrative convenience, be
submitted by the nonpublic school pupil or his THE PUPIL'S
parent to the nonpublic school which shall prepare and submit collective
summaries of the individual requests to the school district. As
used in this section, "textbook" means any book or book
substitute which a pupil uses as a text or text substitute in a
particular class or program in the school he THE PUPIL regularly
attends.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school,
in nonpublic schools that have no religious or sectarian
affiliation, in public centers, or in mobile units located ON OR
off of
the nonpublic premises as determined by the department of
education. If such services are provided in the public school or
in public centers, transportation to and from such facilities
shall be provided by the school district in which the nonpublic
school is located.
(F) To provide guidance and counseling services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the public school, in nonpublic schools that
have no religious or sectarian affiliation, in public centers, or
in mobile units located ON OR off of the nonpublic premises as
determined by the state department of education. If such
services are provided in the public school or in public centers,
transportation to and from such facilities shall be provided by
the school district in which the nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools that have no
religious or sectarian affiliation, in public centers, or in
mobile units located ON OR off of the nonpublic premises as
determined
by the department of education. If such services are provided in
the public school or in public centers, transportation to and
from such facilities shall be provided by the school district in
which the nonpublic school is located.
(H) To supply for use by pupils attending nonpublic
schools within the district such standardized tests and scoring
services as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are handicapped children as
defined in division (A) of section 3323.01 of the Revised Code or
gifted children. Such programs shall be provided in the public
school, in nonpublic schools that have no religious or sectarian
affiliation, in public centers, or in mobile units located ON OR
off of
the nonpublic premises as determined by the state department of
education. If such programs are provided in the public school or
in public centers, transportation to and from such facilities
shall be provided by the school district in which the nonpublic
school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase any secular, neutral, and nonideological
computer software, prerecorded video laserdiscs,
compact discs, and
video cassette cartridges and mathematics or science
equipment and
materials that are in general use in the public schools of the
state and loan such computer software, prerecorded
video laserdiscs,
compact discs, and video cassette cartridges, equipment, and
materials
to pupils attending nonpublic schools within the district or to
their parents, and to hire clerical personnel to administer the
lending program. Only computer software, prerecorded
video
laserdiscs, compact discs, and video cassette cartridges,
equipment, and
materials that are incapable of diversion to religious use and
that are susceptible of loan to individual pupils and are
furnished for the use of individual pupils shall be purchased and
loaned under this division.
(L) To purchase instructional equipment, including computer hardware, for
use
by pupils attending nonpublic schools within the district, if such
usage only
occurs when these pupils are BEING provided THE SECULAR REMEDIAL,
DIAGNOSTIC, OR THERAPEUTIC services in public schools, in nonpublic
schools that have no religious or sectarian affiliation and provide only a
nonreligious educational program, in public centers, or in mobile units
located off of nonpublic school premises as determined by the department of
education PURSUANT TO DIVISION (B), (D),
(E), (F), (G), OR (I) OF THIS SECTION.
(M) To purchase mobile units needed TO BE USED for the
provision of services
pursuant to divisions (E), (F), (G),
and (I)
of this section and to pay for necessary repairs and operating
costs associated
with these units.
Clerical and supervisory personnel hired pursuant to
division (J) of this section shall perform their services in the
public schools, in nonpublic schools that have no religious or
sectarian affiliation, in public centers, or mobile units where
the services are provided to the nonpublic school pupil, except
that such personnel may accompany pupils to and from neutral THE
service sites when necessary to ensure the safety of the children
receiving the services.
Health services provided pursuant to divisions (B), (C),
(D), and (E) of this section may be provided under contract with
the department of health, city or general health districts, or
private agencies whose personnel are properly licensed by an
appropriate state board or agency.
Transportation of pupils provided pursuant to divisions
(E), (F), (G), and (I) of this section shall be provided by the
school district from its general funds and not from moneys paid
to it under division (P) of section 3317.024 of the Revised Code
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions.
If such an application is presented to the school district, it
may pay for the transportation from moneys paid to it under
division (P) of section 3317.024 of the Revised Code.
No school district shall provide health or remedial
services to nonpublic school pupils as authorized by this section
unless such services are available to pupils attending the public
schools within the district.
Materials, equipment, computer software, textbooks, and
health and remedial services provided for the benefit of
nonpublic school pupils pursuant to this section and the
admission of pupils to such nonpublic schools shall be provided
without distinction as to race, creed, color, or national origin
of such pupils or of their teachers.
No school district shall provide services for use in
religious courses, devotional exercises, religious training, or
any other religious activity.
As used in this section, "parent" includes a person
standing in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code,
payments shall be made under this section to any city, local, or
exempted village school district within which is located one or
more nonpublic elementary or high schools.
The allocation of payments for materials, equipment,
textbooks, health services, and remedial services to city, local,
and exempted village school districts shall be on the basis of
the state board of education's estimated annual average daily
membership in nonpublic elementary and high schools located in
the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district
for the same purposes and in the same manner as the payments may
be used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may be transferred to the auxiliary services personnel
unemployment compensation fund established pursuant to section
4141.47 of the Revised Code. The department shall also adopt
guidelines and procedures limiting the purchase and loan of
computer software, equipment, and materials under division (K) of
this section to items that are in general use in the public
schools of the state, that are incapable of diversion to
religious use, and that are susceptible to individual use rather
than classroom use. Within thirty days after the end of each
biennium, each board of education shall remit to the department
all moneys paid to it under division (P) of section 3317.024 of
the Revised Code and any interest earned on those moneys that are
not required to pay expenses incurred under this section during
the biennium for which the money was appropriated and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the administrator of the bureau of
employment services who shall make a refund as provided in
section 4141.47 of the Revised Code.
Sec. 3317.064. (A) There is hereby established in the
state treasury the auxiliary services mobile unit replacement and
repair fund. By the thirtieth day of January of each
odd-numbered year, the administrator of the bureau of employment
services and the superintendent of public instruction shall
determine the amount of any excess moneys in the auxiliary
services personnel unemployment compensation fund not reasonably
necessary for the purposes of section 4141.47 of the Revised
Code, and shall certify such amount to the director of budget and
management for transfer to the auxiliary services mobile unit
replacement and repair fund. If the administrator and the
superintendent disagree on such amount, the director shall
determine the amount to be transferred.
(B) Moneys in the auxiliary services mobile unit
replacement and repair fund shall be used for the replacement and
repair of mobile units required USED to provide the services
specified
in division (E), (F), (G), or (I) of section 3317.06 of the
Revised Code and for no other purpose. The state board of
education shall adopt guidelines and procedures for replacement
and repair of mobile units and the procedures under which a
school district may apply to receive moneys with which to repair
or replace such units.
Sec. 3321.05. AS USED IN THIS SECTION, "ALL-DAY
KINDERGARTEN," "EXTENDED KINDERGARTEN," AND "TRADITIONAL
KINDERGARTEN" HAVE THE
SAME MEANINGS AS IN SECTION 3317.02 OF THE
REVISED CODE.
ANY SCHOOL DISTRICT MAY OPERATE ALL-DAY KINDERGARTEN OR
EXTENDED KINDERGARTEN, BUT NO DISTRICT SHALL REQUIRE ANY STUDENT
TO ATTEND KINDERGARTEN FOR MORE THAN THE NUMBER OF CLOCK HOURS
REQUIRED EACH DAY FOR TRADITIONAL KINDERGARTEN BY THE MINIMUM
STANDARDS ADOPTED UNDER SECTION 3301.07 OF THE
REVISED CODE. EACH SCHOOL DISTRICT
THAT OPERATES ALL-DAY OR EXTENDED KINDERGARTEN SHALL ACCOMMODATE
STUDENTS WHOSE PARENTS OR GUARDIANS ELECT TO ENROLL THEM FOR THE
MINIMUM NUMBER OF HOURS.
ANY STUDENT WHO ATTENDS KINDERGARTEN FOR THE MINIMUM
NUMBER OF HOURS SHALL BE COUNTED IN AVERAGE DAILY MEMBERSHIP
UNDER SECTIONS 3317.02, 3317.023, 3317.03, AND 3317.08 OF THE REVISED
CODE, AS TRADITIONAL KINDERGARTEN STUDENTS.
Sec. 3333.35. THE STATE BOARD OF EDUCATION AND
THE OHIO BOARD OF REGENTS SHALL STRIVE TO REDUCE UNNECESSARY STUDENT
REMEDIATION COSTS INCURRED BY COLLEGES AND UNIVERSITIES IN THIS STATE,
INCREASE OVERALL ACCESS FOR STUDENTS TO HIGHER EDUCATION, ENHANCE THE
POST-SECONDARY ENROLLMENT OPTIONS PROGRAM IN ACCORDANCE WITH CHAPTER
3365. of the Revised Code, AND ENHANCE THE ALTERNATIVE EDUCATOR LICENSURE PROGRAM IN
ACCORDANCE WITH SECTION 3319.26 of the Revised Code.
Sec. 3365.15. NO LATER THAN JULY 1,
1999, THE BOARD OF REGENTS SHALL ADOPT RULES UNDER WHICH IT SHALL AWARD
AT LEAST A FIVE-HUNDRED DOLLAR SCHOLARSHIP TO EACH STUDENT WHO BOTH:
(A) AFTER
JULY 1, 1998, AND WHILE THE STUDENT ATTENDS
TWELFTH GRADE, ATTAINS AT LEAST THE APPLICABLE SCORES DESIGNATED UNDER
DIVISION
(A)(3) OF SECTION 3301.0710 OF THE
REVISED CODE
ON ALL FIVE TESTS PRESCRIBED UNDER THAT DIVISION;
(B) SUBMITS TO THE BOARD OF REGENTS, IN THE
FORM AND MANNER AND BY ANY DEADLINE PRESCRIBED BY THE RULES, EVIDENCE OF
HAVING
ENROLLED IN A STATE-ASSISTED COLLEGE OR UNIVERSITY, A NONPROFIT INSTITUTION
HOLDING A CERTIFICATE OF AUTHORIZATION PURSUANT TO
CHAPTER 1713. OF THE
REVISED CODE,
OR AN INSTITUTION REGISTERED BY THE STATE BOARD OF PROPRIETARY SCHOOL
REGISTRATION THAT HAS PROGRAM AUTHORIZATION TO AWARD AN ASSOCIATE OR
BACHELOR'S
DEGREE.
THE BOARD OF REGENTS SHALL PAY EACH SCHOLARSHIP AWARDED UNDER THIS SECTION
TO THE STUDENT. IT MAY BE USED TO DEFRAY ANY EDUCATIONAL EXPENSES.
Section 2. That existing sections 3301.0710, 3301.0711,
3302.07,
3313.533, 3313.61, 3313.98, 3313.981, 3313.983, 3314.01, 3314.02, 3314.03,
3314.05, 3314.10, 3317.06, and 3317.064 and sections 3301.85, 3302.01,
3302.02, 3302.03, 3302.04, 3302.05, and 3302.06 of the Revised Code are
hereby repealed.
Section 3. Section 3313.61 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 552 and Am. Sub. H.B. 571 of the 120th General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 4. (A) The requirement of this act to begin
administering tests of completion of tenth grade skills shall
first apply to the school year that begins on July 1, 2002. In
March of that school year, the tenth grade tests required by
sections 3301.0710 and 3301.0711, as amended by this act, shall
be given to tenth grade students. In the school year that
begins July 1, 2003, the tenth grade tests shall be given once
to all tenth graders in March and twice to all eleventh graders.
In the school year that begins July 1, 2004, the tenth grade
tests shall be given to all tenth graders in March and to all
eleventh and twelfth graders twice during the year. Thereafter,
the tenth grade tests shall be given each year as required by
those sections. The requirement to pass the new tenth grade
tests in order to obtain diplomas shall first apply to students
who graduate after September 15, 2004.
(B) Notwithstanding sections 3301.0710 and 3301.0711 of the
Revised Code, as amended by this act, the State Board of
Education shall continue to prescribe and, through the school year that begins
July 1, 2003, ninth grade tests as required by
those sections prior to the effective date of this act shall continue to be
administered to all students who entered the ninth grade prior to July 1,
2001. Any such student is exempt from the
requirement to take any tenth grade test if any are administered to the
student's grade level. Such students, and any former
students, who pass all parts of the ninth grade proficiency tests
prior to September 15, 2004, may receive diplomas based upon
passage of such ninth grade tests. Thereafter, any such student must pass the
tenth grade tests to receive diplomas.
Section 5. The Ohio Board of Regents, in consultation with the
Superintendent of Public Instruction, shall prepare a plan
recommending strategies for increasing the number of mathematics and
science teachers in this state. The Board shall submit its plan
no later than December 31, 1998, to the Governor, the President
and Minority Leader of the Senate, the Speaker and Minority
Leader of the House of Representatives, and the chairpersons of
the Senate and House Education Committees.
Section 6. Sections 1 through 5 of this act, except for sections 3302.05,
3313.6010,
3317.06, 3317.064, and 3333.35 and the repeal of section 3301.85 of the
Revised Code, shall take effect on July
1, 1998. Sections 3302.05, 3313.6010, 3317.06, 3317.064, and 3333.35 of the
Revised
Code, as amended or enacted by this act, and the repeal of section 3301.85 of
the Revised Code by this act, shall take effect at the earliest
time permitted by law.
Section 7. That Section 50.16 of Am. Sub. H.B. 215 of the 122nd General
Assembly be amended to read as follows:
"Sec. 50.16. Property Tax Allocation
The Superintendent of Public Instruction shall not request
and the Controlling Board shall not approve the transfer of funds
from appropriation item 200-901, Property Tax
Allocation--Education, to any other appropriation line item.
Textbooks/Instructional Materials
As used in this section, "valuation per pupil" means a district's total
taxable value OF THE PRECEDING FISCAL YEAR as defined in section
3317.02 of the Revised Code divided by the district's ADM OF THE
PRECEDING FISCAL YEAR as defined in division (A) of section
3317.021 3317.02 of the Revised Code.
Money in the foregoing appropriation item 200-645, Textbooks/Instructional
Materials, shall be distributed on a per pupil basis to all city, exempted
village, and local school districts with a valuation per pupil less than
$200,000. City, exempted village, and local school districts shall use moneys
received from the appropriation item for textbooks, instructional software,
instructional materials, and any other materials the district deems to be
helpful in providing appropriate instruction to students in the following
subject areas: reading, writing, mathematics, science, and citizenship."
Section 8. That existing Section 50.16 of Am. Sub. H.B. 215 of the 122nd
General Assembly is hereby repealed.
Section 9. That sections 3317.02, 3317.023, and 3317.08 of the Revised Code
be amended to read as follows:
Sec. 3317.02. As used in sections 3317.02
to 3317.023 and section 3317.16 of the Revised Code:
(A) Except as used in division (B) of section 3317.023 of
the Revised Code, "ADM" means the average daily membership
determined pursuant to section 3317.03 of the Revised Code,
including the average daily membership certified under division
(A)(4) of section 3317.03 of the Revised Code but not including
the average daily membership of pupils attending a joint
vocational school or counted in a unit funded under division (M)
or (N) of section 3317.024 of the Revised Code; minus one-half of
the kindergarten average daily membership
in the case of any school district other than an urban or,
big eight, OR DISADVANTAGED RURAL SCHOOL district; minus
one-fourth of the extended kindergarten average
daily membership and one-half of the traditional kindergarten average daily
membership in the case of any URBAN, big eight, OR
DISADVANTAGED RURAL SCHOOL district; minus one-fourth of the all-day
and extended kindergarten average daily
membership and one-half of the traditional kindergarten average daily
membership in the case of any urban district; plus one-fourth of the
average daily membership of pupils enrolled in the district and
attending a joint vocational school, or a vocational school, or a
compact or contract vocational school. Except for purposes of
divisions (C), (D), and (E) of section 3317.023 of the Revised
Code, if the average of the average daily membership of a
district for the current year and the two immediately preceding
years is larger than the sum for the current year, such average
shall be used as the ADM for that district for the current year
after: deducting the number of pupils attending a joint vocational
school or counted in division (M) or (N) of section 3317.024 of
the Revised Code; and, in the case of any school district
other than an urban or, big eight, OR DISADVANTAGED
RURAL SCHOOL district, deducting one-half of the kindergarten average
daily membership, and, in the case of any URBAN, big
eight, OR DISADVANTAGED RURAL SCHOOL district, deducting
one-fourth of the extended kindergarten average daily membership and one-half
of the traditional kindergarten average daily membership, and in the case
of any urban district, deducting one-fourth of the all-day and extended
kindergarten average daily membership and one-half of the traditional
kindergarten average daily membership;
and adding one-fourth of the pupils residing in the
district and attending a joint vocational school.
(B) "Per pupil" means the amount to which the term refers
divided by the district's ADM for the fiscal year for which the
amount was computed.
(C) "Taxes charged and payable" means the taxes charged
and payable against real and public utility property after making
the reduction required by section 319.301 of the Revised Code,
plus the taxes levied against tangible personal property.
(D) Except as provided in division (B)(2) of section
3317.022 of the Revised Code, "total taxable value" means the sum
of the amounts certified for a city, local, exempted village, or
joint vocational school district under divisions (A)(1) and (2)
of section 3317.021 of the Revised Code.
(E)(1) "Cost-of-doing-business
factor" means the amount
indicated in this division for the county in which the district
is located, adjusted in accordance with division (E)(2) of
this section. If the district is located in more than one county,
the factor is the amount indicated for the county to which the
district is assigned by the state department of education.
| COST-OF-DOING-BUSINESS |
COUNTY | FACTOR AMOUNT |
| |
Adams | 1.0100 |
Allen | 1.0272 |
Ashland | 1.0362 |
Ashtabula | 1.0540 |
Athens | 1.0040 |
Auglaize | 1.0300 |
Belmont | 1.0101 |
Brown | 1.0218 |
Butler | 1.0662 |
Carroll | 1.0180 |
Champaign | 1.0432 |
Clark | 1.0489 |
Clermont | 1.0498 |
Clinton | 1.0287 |
Columbiana | 1.0320 |
Coshocton | 1.0224 |
Crawford | 1.0174 |
Cuyahoga | 1.0725 |
Darke | 1.0360 |
Defiance | 1.0214 |
Delaware | 1.0512 |
Erie | 1.0414 |
Fairfield | 1.0383 |
Fayette | 1.0281 |
Franklin | 1.0548 |
Fulton | 1.0382 |
Gallia | 1.0000 |
Geauga | 1.0608 |
Greene | 1.0418 |
Guernsey | 1.0091 |
Hamilton | 1.0750 |
Hancock | 1.0270 |
Hardin | 1.0384 |
Harrison | 1.0111 |
Henry | 1.0389 |
Highland | 1.0177 |
Hocking | 1.0164 |
Holmes | 1.0275 |
Huron | 1.0348 |
Jackson | 1.0176 |
Jefferson | 1.0090 |
Knox | 1.0276 |
Lake | 1.0627 |
Lawrence | 1.0154 |
Licking | 1.0418 |
Logan | 1.0376 |
Lorain | 1.0573 |
Lucas | 1.0449 |
Madison | 1.0475 |
Mahoning | 1.0465 |
Marion | 1.0289 |
Medina | 1.0656 |
Meigs | 1.0016 |
Mercer | 1.0209 |
Miami | 1.0456 |
Monroe | 1.0152 |
Montgomery | 1.0484 |
Morgan | 1.0168 |
Morrow | 1.0293 |
Muskingum | 1.0194 |
Noble | 1.0150 |
Ottawa | 1.0529 |
Paulding | 1.0216 |
Perry | 1.0185 |
Pickaway | 1.0350 |
Pike | 1.0146 |
Portage | 1.0595 |
Preble | 1.0523 |
Putnam | 1.0308 |
Richland | 1.0232 |
Ross | 1.0111 |
Sandusky | 1.0361 |
Scioto | 1.0082 |
Seneca | 1.0265 |
Shelby | 1.0274 |
Stark | 1.0330 |
Summit | 1.0642 |
Trumbull | 1.0465 |
Tuscarawas | 1.0109 |
Union | 1.0488 |
Van Wert | 1.0181 |
Vinton | 1.0065 |
Warren | 1.0678 |
Washington | 1.0124 |
Wayne | 1.0446 |
Williams | 1.0316 |
Wood | 1.0431 |
Wyandot | 1.0227 |
(2) As used in this division, "multiplier" means the number for
the corresponding fiscal year as follows:
FISCAL YEAR OF THE | |
COMPUTATION | MULTIPLIER |
1998 | 9.6/7.5 |
1999 | 10.3/7.5 |
2000 | 11.0/7.5 |
2001 | 11.7/7.5 |
2002 | 12.4/7.5 |
2003 | 13.1/7.5 |
2004 | 13.8/7.5 |
2005 | 14.5/7.5 |
2006 | 15.2/7.5 |
2007 | 15.9/7.5 |
2008 | 16.6/7.5 |
2009 | 17.3/7.5 |
2010 and thereafter | 18.0/7.5 |
Beginning in fiscal year 1998, the department shall annually adjust the
cost-of-doing-business factor for each county in accordance with the following
formula:
[(The cost-of-doing-business factor specified under
division (E)(1) of this section - 1) X (the multiplier
for the fiscal year of the calculation)< ] + 1
The result of such formula shall be the adjusted cost-of-doing-business
factor for that fiscal year.
(F) "Tax exempt value" of a school district means the
amount certified for a school district under division (A)(4) of
section 3317.021 of the Revised Code.
(G) "Potential value" of a school district means the adjusted total
taxable value of a school district plus the tax exempt value of
the district.
(H) "District median income" means the median Ohio
adjusted gross income certified for a school district. On or before the first
day of July of each year, the tax commissioner shall certify to the
department of education for each city, exempted village, and local school
district the median Ohio adjusted gross income of the residents of
the school district determined on the basis of tax returns filed for the
second preceding tax year by the residents of the district.
(I) "Statewide median income" means the median district median
income of all city, exempted village, and local school districts in the state.
(J) "Income factor" for a city, exempted village, or local school
district means the quotient obtained by dividing that district's median income
by the statewide median income.
(K) "Valuation per pupil" for a city, exempted village, or local
school district means the district's recognized valuation divided by the
district's ADM.
(L) "Adjusted valuation per pupil" means the amount calculated
in accordance with the following formula:
District valuation per pupil - [$60,000 X
(1 - district income factor)< ]
If the result of such formula is negative, the adjusted valuation per
pupil shall be zero.
(M) "Adjusted total taxable value" means one of the following:
(1) In any fiscal year that a district's income factor is less than or
equal to one, the product obtained by
multiplying the district's adjusted valuation per pupil by the district's
ADM except that the adjusted total taxable value for such a
district in fiscal years
1998 through 2009 shall be recalculated in accordance with the following
formula:
(Adjusted total taxable value X multiple) +
[recognized valuation X (1 - multiple)< ]
(2) In any fiscal year that a district's income factor is greater than
one, the product obtained by multiplying the district's adjusted valuation
per pupil by the district's ADM, except that the adjusted total
taxable value for such a district in that fiscal year shall be recalculated in
accordance with the following formula:
(Adjusted total taxable value X 2/15)
+ (recognized valuation X 13/15)
(N) "Multiple" means the number for the corresponding fiscal
year as follows:
FISCAL YEAR OF THE | |
COMPUTATION | MULTIPLE |
1998 | 1/5 |
1999 | 4/15 |
2000 | 1/3 |
2001 | 2/5 |
2002 | 7/15 |
2003 | 8/15 |
2004 | 3/5 |
2005 | 2/3 |
2006 | 11/15 |
2007 | 4/5 |
2008 | 13/15 |
2009 | 14/15 |
(O) "Urban school district" means a school district, OTHER THAN A
BIG EIGHT SCHOOL DISTRICT, that in fiscal year 1997 met either of
the following conditions:
(1) Had a percentage of children residing in the district and receiving
aid to dependent
children PARTICIPATING IN OHIO WORKS FIRST greater than
fifteen and one-half per cent, as reported
pursuant to section 3317.10 of the Revised Code, and had an average daily
membership greater than five thousand five hundred, as reported
pursuant to division (A) of section 3317.03 of the Revised Code;
(2) Had a percentage of children residing in the
district and receiving aid to dependent children PARTICIPATING IN
OHIO WORKS FIRST greater than five per cent, as reported pursuant
to section 3317.10 of the Revised Code, and had an average daily
membership greater than twelve thousand, as reported pursuant to
division (A) of section 3317.03 of the Revised Code.
(P) "Big eight school district" means a school district
that for fiscal year 1997 had a percentage of children residing
in the district and receiving aid to dependent children
PARTICIPATING IN OHIO WORKS FIRST greater than thirty per
cent, as reported pursuant to section 3317.10 of the Revised Code, and had an
average daily membership greater than twelve thousand, as reported pursuant to
division (A) of section 3317.03 of the Revised Code.
(Q) "All-day kindergarten" means a kindergarten class that is in
session five days per week for not less than the same number of clock hours
each day as for pupils in grades one through six.
(R) "Extended kindergarten" means a kindergarten class that is in
session five days per week for not less than one hour longer each day than the
number of clock hours required for kindergarten by the minimum standards
adopted under section 3301.07 of the Revised Code.
(S) "Traditional kindergarten" means kindergarten that is neither
all-day kindergarten nor extended kindergarten.
(T) "Recognized valuation" means the amount calculated for a school district
pursuant to section 3317.015 of the Revised Code.
(U) "DISADVANTAGED RURAL SCHOOL DISTRICT" MEANS ANY OF THE RURAL
SCHOOL DISTRICTS WITH THE LOWEST SOCIOECONOMIC STATUS, AS DETERMINED BY THE
DEPARTMENT OF EDUCATION.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the Revised Code, the amounts required to be paid to a district
under that section shall be adjusted by the amount of the
computations made under divisions (B) to (L) of this section.
As used in this section:
(1) "Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2) "Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3) "Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal year for which the adjustment is made under division (D)
of this section. It shall not include any salary payments for
supplemental teachers contracts.
(4) As used in division (B) of this section, "average daily
membership" means the three-year average number of pupils in grades one
through twelve plus one-half the kindergarten average daily membership
certified under section 3317.03 of the Revised Code for the current and
preceding two fiscal years, except that:
(a) In IN the case of a AN URBAN, big
eight, OR DISADVANTAGED RURAL SCHOOL district, "average
daily membership" means the three-year average number of pupils in grades one
through twelve, plus the three-year average number of pupils in all-day
kindergarten, plus three-fourths of the three-year average number of pupils in
extended kindergarten, plus one-half of the three-year average number of
pupils in traditional kindergarten, all AS certified under division (A)
of that section for the current and preceding two fiscal years;
(b) In the case of an urban district, "average daily
membership" means the three-year average number of pupils in grades one
through twelve, plus three-fourths of the
three-year average number of pupils in all-day or extended
kindergarten, plus one-half of the three-year average number of pupils in
traditional kindergarten, all as
certified under division (A) of that section for
the current and preceding two fiscal years.
(5) As used in division (B) of this
section, "per cent figure" means a
school district's three-year average number of children
participating in Ohio works first (OWF) under Chapter 5107. of the
Revised Code divided by the average daily membership, multiplied by one
hundred.
(6) As used in divisions (A)(5) and (B) of this
section, "aid to dependent children" and "ADC"
mean:
(a) Aid provided under Chapter 5107. of the
Revised Code prior to October 1, 1996;
(b) Cash assistance provided on or after
October 1, 1996, under a state program operated pursuant to
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42
U.S.C.A. 601, as amended, regardless of
the name used to designate that assistance.
(B)(1)(a) If the three-year average of the number of children
ages five to seventeen residing in the district and living in a
family participating in Ohio works first, as certified or
adjusted under section 3317.10 of the Revised Code for the
current and preceding two fiscal years, is
equal to five per cent or more of the number of pupils in the average daily
membership, add the amount computed for the district in accordance with the
following schedule, as adjusted by division (B)(1)(b) of this section:
THREE-YEAR AVERAGE NUMBER OF | |
OWF CHILDREN DIVIDED BY | PAYMENT PER OWF CHILD IN |
THE AVERAGE DAILY MEMBERSHIP | THE THREE-YEAR
AVERAGE |
At least 5%, but
less than 10% | $198.00 OWF |
At least 10%, but
less than 20% | ($101.50 x per cent figure) minus
$817.00 OWF |
At least 20%, but less than 30% | ($7.50 x per cent figure) plus
$1,063.00 OWF |
At least 30% | $1,288.00 OWF |
(b) In fiscal year 1998, for school districts with
a per cent figure of at least five,
increase the amount determined under division (B)(1)(a) of this section by
four per cent. In fiscal year 1999, determine
the per-ADC-child PER-OWF-CHILD
amount the district would have received in fiscal year 1998 under divisions
(B)(1)(a) and (b) of this section, based on its per cent figure for fiscal
year 1999, and increase that amount by five per cent.
(2) If in any year the sum of the additions made under
this division is less than ninety-seven per cent of the amount
appropriated for this division for that year, the department of
education shall increase the amount added for each district under
this division. The amount so added for each district shall equal
(1) the difference between ninety-seven per cent of the amount
appropriated and the total amount of the additions prior to such
increase, times (2) the percentage that the amount added for the
district prior to the increase was of the total of such amount
added for all districts.
(3) Except as provided in division (B)(4) of this section,
a district shall expend at least seventy per cent of any
addition
received under this division for any of the following:
(a) The purchase of technology
for instructional purposes;
(b) All-day kindergarten;
(c) Reduction of class sizes;
(d) Summer school remediation or other remedial programs;
(e) Dropout prevention programs;
(f) Guaranteeing that all third graders are ready to
progress to more advanced work;
(g) Summer education and work programs;
(h) Adolescent pregnancy programs;
(i) Head start or preschool programs;
(j) Reading improvement programs described by the
department of education;
(k) Programs designed to ensure that schools are free of
drugs and violence and have a disciplined environment conducive
to learning;
(l) Furnishing free of charge materials used in courses of
instruction, except for the necessary textbooks required to be
furnished without charge pursuant to section 3329.06 of the
Revised Code, to pupils living in families participating in Ohio works first
in accordance with section 3313.642 of the Revised Code;
(m) School breakfasts provided pursuant to section
3313.813 of the Revised Code.
(4) Except as provided in division (B) of section
3301.0719 of the Revised Code, each at-risk school district, as
defined in division (A)(3)(2) of section 3301.0719 of the
Revised Code, that receives at least three hundred thousand dollars under
divisions (B)(1) and (2) of this section shall expend at least
one-tenth of the amount described in division (B)(3) of this
section for either all-day kindergarten classes with a student
teacher ratio of fifteen to one or for reduction of class sizes
in grades kindergarten to four to a fifteen to one student
teacher ratio, or both. Such districts shall also expend such
funds to provide training for teachers participating in such
programs on an ongoing basis, including at least six days of
training each school year. Amounts expended for all-day
kindergarten under this section shall only be expended to provide
additional all-day kindergarten classes not in existence on July
26, 1991. Upon the request of a board of education, the state
board of education may grant an exemption from the requirement of
division (B)(4) of this section if the district board satisfies
the state board that the district has insufficient physical
facilities to implement this requirement.
(5) Each district shall maintain the portion required to
be spent under division (B)(3) of this section in a separate
district account. Each district shall submit to the department,
in such format and at such time as the department shall specify,
a report on the programs for which it expended funds under this
division.
(C) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in ADM
in any school district, deduct the sum of the amounts obtained
from the following computations:
(1) Divide the number of the district's full-time
equivalent classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's ADM;
(3) Multiply the difference in (2) by seven hundred
fifty-two dollars.
(D) If a positive amount, add one-half of the amount
obtained by multiplying the number of full-time equivalent
classroom teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under this section.
The number of full-time equivalent classroom teachers used
in this computation shall not exceed one twenty-fifth of the
district's ADM. In calculating the district's mean salary under
this division, those full-time equivalent classroom teachers with
the highest training level shall be counted first, those with the
next highest training level second, and so on, in descending
order. Within the respective training levels, teachers with the
highest years of service shall be counted first, the next highest
years of service second, and so on, in descending order.
(E) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in ADM:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's ADM;
(3) Multiply the difference in (2) by ninety-four dollars.
(F) If a local school district, or a city or exempted
village school district to which a governing board of
an educational service center provides services
pursuant to section 3313.843 of the Revised
Code, deduct the amount of the payment required for the
reimbursement of the governing board
under section
3317.11 of the Revised Code.
(G)(1) If the district is required to pay to or entitled
to receive tuition from another school district under division
(C)(2) or (3) of section 3313.64 or section 3313.65 of the
Revised Code, or if the superintendent of public instruction is
required to determine the correct amount of tuition and make a
deduction or credit under section 3317.08 of the Revised Code,
deduct and credit such amounts as provided in division (I) of
section 3313.64 or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible
for tuition under division (A)(1) of section 3317.082 or under
division (B)(1) of section 3323.091 of the Revised Code, deduct
the amount of tuition for which the district is responsible.
(H) If the district has been certified by the
superintendent of public instruction under section 3313.90 of the
Revised Code as not in compliance with the requirements of that
section, deduct an amount equal to ten per cent of the amount
computed for the district under section 3317.022 of the Revised
Code.
(I) If the amount computed by the department of education
under division (I)(1) of this section is less than the amount
computed under division (I)(2) of this section, add an amount
equal to the result obtained by subtracting the amount computed
under division (I)(1) from the amount computed under division
(I)(2) of this section.
The department of education shall compute both of the
following for each district:
(1) The sum of the amounts computed for the district under
section 3317.022 and division (N) of section 3317.024 of the
Revised Code for units approved under division (B) of section
3317.05 of the Revised Code.
(2) The amount the district would be entitled to receive
under section 3317.022 of the Revised Code if the ADM used in the
computation required by that section included the number of
full-time equivalent pupils enrolled in the units for handicapped
children approved under division (B) of section 3317.05 of the
Revised Code that are used to make the computation required by
division (N)(1)(a) of section 3317.024 of the Revised Code.
(J) If the district has received a loan from a commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to such payments.
(K)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district school board notifies the department in writing that it
wishes to have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (K)(1) of this section, add the amount of
such payments.
(L) If the district is required to pay an amount of funds
to a cooperative education district pursuant to a provision
described by division (B)(4) of section 3311.52 or division
(B)(8) of section 3311.521 of the Revised Code, deduct such
amounts as provided under that provision and credit those amounts
to the cooperative education district for payment to the district
under division (B)(1) of section 3317.19 of the Revised Code.
Sec. 3317.08. As used in this section, "urban SCHOOL district," "big
eight SCHOOL district," "DISADVANTAGED RURAL SCHOOL
DISTRICT," "all-day kindergarten," "extended kindergarten," and
"traditional kindergarten" have the same meanings as in section 3317.02 of the
Revised Code.
A board of education may admit to its
schools a child it is not required by section 3313.64 or 3313.65
of the Revised Code to admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed
in accordance with this section. A district's tuition charge for
a school year shall be one of the following:
(A) For any child, except a handicapped preschool child
described in division (B) of this section, the quotient obtained
by dividing the sum of the amounts described in divisions (A)(1)
and (2) of this section by the amount described in division
(A)(3) of this section.
(1) The district's total taxes charged and payable for
current expenses for the tax year preceding the tax year in which
the school year begins as certified under division (A)(3) of
section 3317.021 of the Revised Code.
(2) The district's total taxes collected for current
expenses under a school district income tax adopted pursuant to
section 5748.03 or 5748.08 of the Revised Code that are
disbursed to the
district during the fiscal year. On or before the first day of
June of each year, the tax commissioner shall certify the amount
to be used in the calculation under this division for the next
fiscal year to the department of education for each city, local,
and exempted village school district that levies a school
district income tax.
(3) The district's average daily membership:
(a) Minus, in the case of a school district other than an urban
district or, big eight, OR DISADVANTAGED RURAL
SCHOOL district, one-half the kindergarten average
daily membership certified pursuant to section 3317.03 of the Revised Code for
the preceding school year;
(b) Minus, in the case of a AN URBAN, big
eight, OR DISADVANTAGED RURAL SCHOOL district, one-fourth of the
extended kindergarten average daily membership and one-half of the traditional
kindergarten average daily membership certified pursuant to section 3317.03 of
the Revised Code;
(c) Minus, in the case of an urban district, one-fourth of the
all-day kindergarten average daily membership, one-fourth of the
extended kindergarten average daily membership, and one-half of the
traditional kindergarten average daily
membership certified pursuant to section 3317.03 of the Revised Code.
(B) For any handicapped preschool child not included in a
unit approved under division (E) of section 3317.05 of the
Revised Code, an amount computed for the school year as follows:
(1) For each type of special education service provided to
the child for whom tuition is being calculated, determine the
amount of the district's operating expenses in providing that
type of service to all handicapped preschool children not
included in units approved under division (E) of section 3317.05
of the Revised Code;
(2) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, determine the amount of such operating expenses that was
paid from any state funds received under this chapter;
(3) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, divide the difference between the amount determined
under division (B)(1) of this section and the amount determined
under division (B)(2) of this section by the total number of
handicapped preschool children not included in units approved
under division (E) of section 3317.05 of the Revised Code who
received that type of service;
(4) Determine the sum of the quotients obtained under
division (B)(3) of this section for all types of special
education services provided to the child for whom tuition is
being calculated.
The state board of education shall adopt rules defining the
types of special education services and specifying the operating
expenses to be used in the computation under this section.
If any child for whom a tuition charge is computed under
this section for any school year is enrolled in a district for
only part of that school year, the amount of the district's
tuition charge for the child for the school year shall be
computed in proportion to the number of school days the child is
enrolled in the district during the school year.
Except as otherwise provided in division (I) of section
3313.64 of the Revised Code, whenever a district admits a child
to its schools for whom tuition computed in accordance with this
section is an obligation of another school district, the amount
of the tuition shall be certified by the treasurer of the board
of education of the district of attendance, to the board of
education of the district required to pay tuition for its
approval and payment. If agreement as to the amount payable or
the district required to pay the tuition cannot be reached, or
the board of education of the district required to pay the
tuition refuses to pay that amount, the board of education of the
district of attendance shall notify the superintendent of public
instruction. The superintendent shall determine the correct
amount and the district required to pay the tuition and shall
deduct that amount, if any, under division (G) of section
3317.023 of the Revised Code, from the district required to pay
the tuition and add that amount to the amount allocated to the
district attended under such division. The superintendent of
public instruction shall send to the district required to pay the
tuition an itemized statement showing such deductions at the time
of such deduction.
When a political subdivision owns and operates an airport,
welfare, or correctional institution or other project or facility
outside its corporate limits, the territory within which the
facility is located is exempt from taxation by the school
district within which such territory is located, and there are
school age children residing within such territory, the political
subdivision owning such tax exempt territory shall pay tuition to
the district in which such children attend school. The tuition
for these children shall be computed as provided for in this
section.
Section 10. That existing sections 3317.02, 3317.023, and 3317.08 of the
Revised Code are hereby repealed.
Section 11. Section 3317.023 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 12. It is the intention of the General Assembly that
the Department of Education, when determining which rural school
districts qualify as "disadvantaged rural school districts" for
purposes of sections 3317.02, 3317.023, and 3317.08 of the
Revised Code as amended by this act, employ criteria
substantially similar to those in its District Typology dated
June 7, 1996.
Section 13. As used in this section, "urban school district"
and "disadvantaged rural school district" have the same meanings
as in section 3317.02 of the Revised Code as amended by this act.
Notwithstanding the changes made by this act to the provisions
for determining a district's average daily membership under
sections 3317.02, 3317.023, and 3317.08 of the Revised Code:
(A) For fiscal year 1999, urban school districts shall
determine their average daily membership under those sections in
accordance with the versions of those sections as amended by Am.
Sub. H.B. 215 of the 122nd General Assembly. Thereafter, urban
school districts shall determine average daily membership as
provided in sections 3317.02, 3317.023, and 3317.08 of the
Revised Code, as amended by this act.
(B) For fiscal year 1999, rural disadvantaged school districts
shall determine their average daily membership under those
sections in the same manner as urban school districts in that
fiscal year. Thereafter, rural disadvantaged school districts
shall determine average daily membership as provided in sections
3317.02, 3317.023, and 3317.08 of the Revised Code, as amended
by this act.
Section 14. Pursuant to Section 26, Article II, of the Ohio
Constitution, Sections 9 through 14 of this act shall take effect on July 1,
1998, but only if there is approval by a majority of the electors voting
on the provisions of Section 14, Article XII, of the Ohio
Constitution, as proposed to the voters on November 4, 1997, and only if such
section, as approved, imposes a one cent sales tax and provides for the
proceeds of that tax to be deposited into the School Trust Fund.
Section 15. Nothing in this act shall be construed as approving the standards
or competencies as proposed by the State Board of Education in May of 1997.
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