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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 281 |
REPRESENTATIVES HARTNETT-PRINGLE-D.MILLER-FORD-BRITTON-
FLANNERY-OPFER-DePIERO-ALLEN-BENDER-BOYD-SULLIVAN-JONES-
PETERSON-R.MILLER-SMITH-OGG-BRADING-HARRIS-SUTTON-
BARNES-VERICH-HARTLEY-PERRY-HOOPS-SULZER-WILSON-CORBIN-
O'BRIEN-JOLIVETTE-DISTEL-TIBERI-MYERS-PATTON-GOODING-
WINKLER-BARRETT-WOMERBENJAMIN-AUSTRIA
A BILL
To amend sections 3313.64, 3317.02, 3321.01, and 3323.01 of the Revised Code
to require a child under the age of six who attends kindergarten
to be
considered of compulsory school age.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.64, 3317.02, 3321.01, and 3323.01 of the Revised
Code be amended to read as follows:
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. When a
child is in the legal custody of a government agency or a person
other than the child's natural or adoptive parent, "parent" means
the parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent who was divested of parental
rights and responsibilities for the care of the child and the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights, privileges, and
responsibilities.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local,
or exempted village school district and excludes any school
operated in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home" means a home, institution, family foster home, group home,
or other residential facility in this state that receives and
cares for children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of human services in accordance with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39, or
sections 5103.20 to 5103.28 of the Revised Code.
(6) A child is placed for adoption if either of the
following occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.06 of the Revised Code for the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to section 5103.16 of the Revised Code with a person who will
care for and adopt the child.
(7) "Handicapped preschool child" means a handicapped
child, as defined by division (A) of section 3323.01 of the
Revised Code, who is at least three years of age but is not of
compulsory school age, as defined in section 3321.01 of the
Revised Code, and who has IS not entered CURRENTLY
ENROLLED IN kindergarten.
(8) "Child," unless otherwise indicated, includes
handicapped preschool children.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any handicapped preschool child shall be admitted to school as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this section to be admitted to the schools of the district where
the child resides and who is residing with a resident of this
state with
whom the child has been placed for adoption shall be admitted
to the
schools of the district where the child resides unless either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a handicapped child
who resides in the district in a special education program
outside of the district or its schools in compliance with Chapter
3323. of the Revised Code.
(C) A district shall not charge tuition for children
admitted under division (B)(1) or (3) of this section. If the
district admits a child under division (B)(2) of this section,
tuition shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, tuition shall be paid in
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141
of the Revised Code regardless of who has custody of the child or
whether the child resides in a home.
(2) Except as otherwise provided in division (C)(2)(d) of
this section, if the child is in the permanent or legal custody
of a government agency or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the time the court removed the child from home or at the time
the court vested legal or permanent custody of the child in the
person or government agency, whichever occurred first; or
(b) If the parent's residence at the time the court
removed the child from home or placed the child in the
legal or permanent custody of the person or government agency is unknown,
tuition shall be paid by the district in which the child resided
at the time the child was removed from home or placed in
legal or permanent custody, whichever occurred first; or
(c) If a school district cannot be established under
division (C)(2)(a) or (b) of this section, tuition shall be paid
by the district determined as required by section 2151.357 of the
Revised Code by the court at the time it vests custody of the
child in the person or government agency.
(d) If at the time the court removed the child from
home or vested legal or permanent custody of the child in the
person or government agency, whichever occurred first, one parent
was in a residential or correctional facility or a juvenile
residential placement and the other parent, if living and not in
such a facility or placement, was not known to reside in this
state, tuition shall be paid by the district determined under
division (D) of section 3313.65 of the Revised Code as the
district required to pay any tuition while the parent was in such
facility or placement.
(3) If the child is not in the permanent or legal custody
of a government agency or person other than the child's
parent and the child
resides in a home, tuition shall be paid by one of the following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent preparing
and presenting the case, shall be deposited in the county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school under this division, no tuition shall be charged by the
school district of attendance and no other school district shall
be required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years of age who live apart from their parents, support
themselves by their own labor, and have not successfully
completed the high school curriculum or the individualized
education program developed for the person by the high school
pursuant to section 3323.08 of the Revised Code, are entitled to
attend school in the district in which they reside.
(2) Any child under eighteen years of age who is married
is entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention. The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district outside the district where the parent is residing is
entitled to attend school for a period of time in the district
where the new house is being built. In order to be entitled to
such attendance, the parent shall provide the district
superintendent with the following:
(a) A sworn statement explaining the situation, revealing
the location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with a
parent who has a contract to purchase a house in a school
district outside the district where the parent is residing and
who is waiting upon the date of closing of the mortgage loan for
the purchase of such house is entitled to attend school for a
period of time in the district where the house is being
purchased. In order to be entitled to such attendance, the
parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the location of the house being purchased, and stating the
parent's intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city, local, or exempted village school district may be admitted
to the schools of the district where the child's parent is
employed,
provided the board of education establishes such an admission
policy by resolution adopted by a majority of its members. Any
such policy shall take effect on the first day of the school year
and the effective date of any amendment or repeal may not be
prior to the first day of the subsequent school year. The policy
shall be uniformly applied to all such children and shall provide
for the admission of any such child upon request of the parent. No child may
be admitted under this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with his THE CHILD'S parent,
and no
other school
district shall be required to pay tuition for the child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose parent
has moved out of the school district after the commencement of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also adopt a policy specifying extenuating circumstances under
which a student may continue to attend school under division
(F)(10) of this section for an additional period of time in order
to successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a
parent of a parent of a child. A child under the age of
twenty-two years who is in the custody of the child's
parent, resides
with a grandparent, and does not require special education is
entitled to attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for such attendance,
describing the nature of this good cause, and consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712 and 3313.713 of the Revised Code. Upon
request, the grandparent shall complete any consent form required
by the district. A school district shall not incur any liability
solely because of its receipt of a consent form from a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall not be construed
as creating, a new cause of action or substantive legal right
against a school district, a member of a board of education, or
an employee of a school district. This section does not affect,
and shall not be construed as affecting, any immunities from
defenses to tort liability created or recognized by Chapter 2744.
of the Revised Code for a school district, member, or employee.
(12) A child under the age of twenty-two years is
entitled to attend school in a school district other than the district in
which the
child is entitled to attend school under division (B), (C),
or (E) of this section
provided that, prior to such attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this section contacts the superintendent of another district for purposes
of
this division;
(b) The superintendents of both districts enter into
a written agreement that consents to the attendance and specifies that the
purpose of such attendance is to
protect the student's physical or mental well-being or to deal with other
extenuating circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a student who is
not receiving special education under Chapter 3323. of the Revised Code and
notwithstanding Chapter 3327. of the Revised Code,
the board of education of neither school district involved in the agreement is
required to provide transportation for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this division
shall be allowed to participate in all student activities, including
interscholastic athletics, at the school where the student is attending on the
same basis as any student who has always attended the schools of that district
while of compulsory school age.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may
attend school or participate in a special education program in a
school district other than in the district where the child is
entitled to attend school under division (B) of this section.
(I) This division does not apply to a child receiving
special education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district
entitled to receive tuition pursuant to division (C)(2) or (3) of
this section or section 3313.65 of the Revised Code shall have an
amount credited under division (F) of section 3317.023 of
the
Revised Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to pay tuition, the department of education shall pay the
district of attendance the difference from amounts deducted from
all districts' payments under division (F) of section
3317.023 of
the Revised Code but not credited to other school districts under
such division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction a report of the names of each child who attended the
district's schools under divisions (C)(2) and (3) of this section
or section 3313.65 of the Revised Code during the preceding six
calendar months, the duration of the attendance of those
children, the school district responsible for tuition on behalf
of the child, and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct each district's tuition obligations under divisions (C)(2)
and (3) of this section or section 3313.65 of the Revised Code
and pay to the district of attendance that amount plus any amount
required to be paid by the state.
(J) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(K) Nothing in this section requires or authorizes, or
shall be construed to require or authorize, the admission to a
public school in this state of a pupil who has been permanently
excluded from public school attendance by the superintendent of
public instruction pursuant to sections 3301.121 and 3313.662 of
the Revised Code.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified, "school district" means city,
local, and exempted village school districts.
(B) "Formula amount" means the base cost for the fiscal year
specified in section 3317.012 of the
Revised Code, except that to allow for the orderly phase-in
of the increased funding specified in that section, the formula amount
for fiscal year 1999 shall be $3,851; the formula amount for
fiscal year 2000 shall be $4,038; and the formula amount for
fiscal year 2001 shall be $4,226. Thereafter, the formula
amount shall be as specified in that section.
(C) "FTE basis" means a
count of students based on full-time equivalency, in accordance
with rules adopted by the department of education pursuant to
section 3317.03 of the Revised Code. In adopting its rules under this
division, the department shall provide for
counting any student in a district's category one, two, or three special
education ADM in the same proportion the student is counted in
formula ADM.
(D)(1) "Formula
ADM" means the number reported pursuant to
division (A) of section 3317.03 of the Revised Code.
(2) "Three-year average formula ADM" means the average of
a school district's formula ADMs for the
current and preceding two fiscal years. However, as applicable in
fiscal years 1999 and 2000, the three-year average
shall be determined utilizing the FY 1997 ADM or
FY 1998 ADM
in lieu of formula ADM for fiscal year 1997 or
1998.
(E) "FY 1997 ADM" or
"FY 1998 ADM" means the district's
average daily membership reported for the applicable fiscal year
under the version of division (A) of section 3317.03 of the
Revised Code in effect during that
fiscal year, adjusted as follows:
(1) Minus the average daily membership of
handicapped preschool children;
(2) Minus one-half of the average daily
membership attending kindergarten;
(3) Minus three-fourths of the
average daily membership attending a joint vocational school
district;
(4) Plus the average daily membership entitled under
section 3313.64 or 3313.65 of the Revised
Code to attend school in the district but receiving educational services in
approved units from an educational
service center or another school district under a compact or a
cooperative education agreement, as determined by the department;
(5) Minus the average daily membership receiving educational
services from the district in approved units but entitled under section
3313.64 or 3313.65 of the Revised Code to attend school in another school
district, as determined by the department.
(F)(1) "Category one
special education ADM" means
the average daily membership of handicapped children receiving
special education services for those handicaps
specified in division (A) of section 3317.013 of the
Revised Code and reported under division (B) of section 3317.03 of
the Revised Code.
(2) "Category two
special education ADM" means
the average daily membership of handicapped children receiving
special education services for those handicaps specified in
division (B) of section 3317.013 of the Revised Code and reported under
division (B) of section 3317.03 of the Revised
Code.
(3) "Category three special
education ADM" means
the average daily membership of students receiving special
education services for students identified as autistic, having traumatic brain
injuries, or as both visually and hearing disabled as these terms are defined
pursuant to Chapter 3323. of the Revised Code, and reported under division
(B) of section 3317.03 of the Revised Code.
(G) "Handicapped preschool child" means a
handicapped child, as defined in section 3323.01 of the
Revised Code, who is at least age three
but is not of compulsory school age, as defined in section
3321.01 of the Revised Code, and who has IS not entered
CURRENTLY ENROLLED IN kindergarten.
(H) "County MR/DD board" means a county
board of mental retardation and developmental
disabilities.
(I) "Recognized valuation" means the
amount calculated for a school district pursuant to section
3317.015 of the Revised Code.
(J) "Transportation ADM" means the number of
children reported under division
(B)(9) of section 3317.03 of the Revised Code.
(K) "Most efficient transportation use cost per transported student"
for a district means a statistical representation of transportation costs as
calculated under division (D)(4) of section 3317.022 of the
Revised Code.
(L) "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.
(M) "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.
(N)(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 (N)(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 | 11.0/7.5 |
2000 | 12.4/7.5 |
2001 | 13.8/7.5 |
2002 | 15.2/7.5 |
2003 | 16.6/7.5 |
2004 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 (N)(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.
(O) "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.
(P) "Potential value" of a school district means the
adjusted total
taxable value of a school district plus the tax exempt value of
the district.
(Q) "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.
(R) "Statewide median income" means the median district
median
income of all city, exempted village, and local school districts in the state.
(S) "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.
(T) Except as provided in division (B)(3) of
section 3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or
local school district means the district's recognized valuation divided by
the greater of the district's formula ADM or three-year average
formula ADM.
(U) Except as provided in section 3317.0213
of the Revised Code, "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.
(V) "Income adjusted valuation" means the product obtained by
multiplying the district's adjusted valuation per pupil by the greater
of the district's
formula ADM or three-year average formula ADM.
(W) Except as provided in division (A)(2) of
section 3317.022 of the Revised Code, "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 amount calculated under the following formula:
(Income adjusted valuation X 1/5) +
(recognized valuation X 4/5)
(2) In fiscal year 1999, if a
district's income factor is greater than
one, the amount calculated under the following
formula:
(Income adjusted valuation X 1/15)
+ (recognized valuation X 14/15)
Thereafter, the adjusted total taxable value of a district with an income
factor greater than one shall be its
recognized valuation.
Sec. 3321.01. (A) As used in this chapter, "parent,"
"guardian," or "other person having charge or care of a child"
means either parent unless the parents are separated or divorced
or their marriage has been dissolved or annulled, in which case
"parent" means the parent who is the residential parent and legal
custodian of the child. If the child is in the legal or
permanent custody of a person or government agency, "parent"
means that person or government agency. When a child is a
resident of a home, as defined in section 3313.64 of the Revised
Code, and the child's parent is not a resident of this state,
"parent," "guardian," or "other person having charge or care of a child" means
the head of the home.
A child between six and eighteen years of age is "of
compulsory school age" for the purpose of sections 3321.01 to
3321.13 of the Revised Code. A CHILD UNDER SIX YEARS OF AGE WHO HAS BEEN
ENROLLED IN KINDERGARTEN ALSO SHALL BE CONSIDERED "OF COMPULSORY SCHOOL AGE"
FOR THE PURPOSE OF SECTIONS 3321.01 TO 3321.13 of the Revised Code UNLESS AT ANY TIME THE
CHILD'S PARENT
OR GUARDIAN, AT THE PARENT'S OR GUARDIAN'S DISCRETION AND IN
CONSULTATION WITH THE CHILD'S TEACHER AND PRINCIPAL, FORMALLY WITHDRAWS THE
CHILD FROM KINDERGARTEN. The compulsory
school age of a
child shall not commence until the beginning of the term of such
schools, or other time in the school year fixed by the rules of
the board of the district in which the child resides.
No child shall be admitted to a kindergarten or a first
grade of a public school in a district in which all children are
admitted to kindergarten and the first grade in August or
September unless the child is five or six years of age,
respectively, by
the thirtieth day of September of the year of admittance, or by
the first day of a term or semester other than one beginning in
August or September in school districts granting admittance at
the beginning of such term or semester, except that in those
school districts using or obtaining educationally accepted
standardized testing programs for determining entrance, as
approved by the board of education of such districts, the board
shall admit a child to kindergarten or the first grade who fails to
meet the age requirement, provided the child meets necessary
standards as determined by such standardized testing programs.
If the board of education has not established a standardized
testing program, the board shall designate the necessary
standards and a testing program it will accept for the purpose of
admitting a child to kindergarten or first grade who fails to
meet the age requirement. Each child who will be the proper age
for entrance to kindergarten of OR first grade by the first day
of
January of the school year for which admission is requested shall
be so tested upon the request of the child's parent.
(B) As used in divisions (C) and (D) of this section,
"successfully completed kindergarten" and "successful completion
of kindergarten" mean that the child has completed the
kindergarten requirements at one of the following:
(1) A public or chartered nonpublic school;
(2) A kindergarten class that is both of the following:
(a) Offered by a day-care provider licensed under Chapter
5104. of the Revised Code;
(b) If offered after July 1, 1991, is directly taught by a
teacher who holds one of the following:
(i) A valid educator license issued under
section 3319.22 of the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate
diploma granted by the American Montessori society or the
association Montessori internationale;
(iii) Certification determined under division (G) of this
section to be equivalent to that described in division
(B)(2)(b)(ii) of this section;
(iv) Certification for teachers in nontax-supported
schools pursuant to section 3301.071 of the Revised Code.
(C) Except as provided in division (D) of this section, no
school district shall admit to the first grade any child who has
not successfully completed kindergarten.
(D) Upon request of a parent, the requirement of division
(C) of this section may be waived by the district's pupil
personnel services committee in the case of a child who is at
least six years of age by the thirtieth day of September of the
year of admittance and who demonstrates to the satisfaction of
the committee the possession of the social,
emotional, and cognitive skills necessary for first grade.
The board of education of each city, local, and exempted
village school district shall establish a pupil personnel
services committee. The committee shall be composed of all of
the following to the extent such personnel are either employed by
the district or employed by the governing board of
the educational service center within
whose territory the district is located and
the educational service center generally furnishes the services of
such personnel to the district:
(1) The director of pupil personnel services;
(2) An elementary school counselor;
(3) An elementary school principal;
(4) A school psychologist;
(5) A teacher assigned to teach first grade.
The responsibilities of the pupil personnel services
committee shall be limited to the issuing of waivers allowing
admittance to the first grade without the successful completion
of kindergarten. The committee shall have no other authority
except as specified in this section.
(E) The scheduling of times for kindergarten classes and
length of the school day for kindergarten shall be determined by
the board of education of a city, exempted village, or local
school district.
(F) Any kindergarten class offered by a day-care provider
or school described by division (B)(1) or (B)(2)(a) of this
section shall be developmentally appropriate.
(G) Upon written request of a day-care provider described
by division (B)(2)(a) of this section, the department of
education shall determine whether certification held by a teacher
employed by the provider meets the requirement of division
(B)(2)(b)(iii) of this section and, if so, shall furnish the
provider a statement to that effect.
Sec. 3323.01. As used in this chapter and Chapter 3321. of
the Revised Code:
(A) "Handicapped child" means a person under twenty-two
years of age who is developmentally handicapped, hearing
handicapped, speech handicapped, visually disabled, severe
behavior handicapped, orthopedically handicapped,
multihandicapped, other health handicapped, specific learning
disabled, autistic, or traumatic brain injured, and by reason
thereof requires special education.
(B) "Special education program" means the required related
services and instruction specifically designed to meet the unique
needs of a handicapped child, including classroom instruction,
home instruction, and instruction in hospitals and institutions
and in other settings.
(C) "Related services" means transportation, and such
developmental, corrective, and other supportive services as may
be required to assist a handicapped child to benefit from special
education, including the early identification and assessment of
handicapped conditions in children, speech pathology and
audiology, psychological services, occupational and physical
therapy, physical education, recreation, counseling services
including rehabilitative counseling, and medical services, except
that such medical services shall be for diagnostic and evaluation
purposes only.
(D) "Appropriate public education" means special education
and related services that:
(1) Are provided at public expense and under public
supervision;
(2) Meet the standards of the state board of education;
(3) Include an appropriate preschool, elementary, or
secondary education;
(4) Are provided in conformity with the individualized
education program required under this chapter.
(E) "Individualized education program" means a written
statement for each handicapped child designed to meet the unique
needs of a handicapped child, which statement shall include:
(1) A statement of the present levels of educational
performance of such child;
(2) A statement of annual goals, including short-term
instructional objectives;
(3) A statement of the specific educational services to be
provided to such child, and the extent to which such child will
be able to participate in regular educational programs;
(4) A statement of the transition services needed for such
child beginning no later than age sixteen and annually thereafter
(and, when determined appropriate for such child, beginning at
age fourteen or younger), including, when appropriate, a
statement of the interagency responsibilities and linkages before
the student leaves the school setting;
(5) The projected date for initiation and anticipated
duration of such services;
(6) Appropriate objective criteria and evaluation
procedures and schedules for determining, on at least an annual
basis, whether instructional objectives are being achieved, and
whether current placement is appropriate.
(F) "Other educational agency" means a department,
division, bureau, office, institution, board, commission,
committee, authority, or other state or local agency, other than
a school district or an agency administered by the department of
mental retardation and developmental disabilities, that provides
or seeks to provide special education or related services to
handicapped children.
(G) "School district" means a city, local, or exempted
village school district.
(H) "Parents" means either parent. If the parents are
separated or divorced, "parent" means the parent who is the
residential parent and legal custodian of the handicapped child.
Except as used in division (I) of this section and in sections
3323.09 and 3323.141 of the Revised Code, "parents" includes a
child's guardian or custodian. This definition does not apply to
Chapter 3321. of the Revised Code.
(I) As used in sections 3323.09, 3323.091, 3323.13, and
3323.14 of the Revised Code, "school district of residence"
means:
(1) The school district in which the child's parents
reside;
(2) If the school district specified in division (I)(1) of
this section cannot be determined, the last school district in
which the child's parents are known to have resided if the
parents' whereabouts are unknown;
(3) If the school district specified in division (I)(2) of
this section cannot be determined, the school district determined
by the court under section 2151.357 of the Revised Code, or if no
district has been so determined, the school district as
determined by the probate court of the county in which the child
resides. The school district of residence that had been
established under this section on December 12, 1983, shall remain
the child's school district of residence unless a district of
residence can be determined under division (I)(1) or (2) of this
section.
(4) Notwithstanding divisions (I)(1) to (3) of this
section, if a school district is required by section 3313.65 of
the Revised Code to pay tuition for a child, that district shall
be the child's school district of residence.
(J) "County MR/DD board" means a county board of mental
retardation and developmental disabilities.
(K) "Handicapped preschool child" means a handicapped
child who is at least three years of age but is not of compulsory
school age, as defined under section 3321.01 of the Revised Code,
and who has IS not entered CURRENTLY ENROLLED IN
kindergarten.
(L) "Transition services" means a coordinated set of
activities for a student, designed within an outcome-oriented
process, that:
(1) Promotes movement from school to post-school
activities, including post-secondary education; vocational
training; integrated employment, including supported employment;
continuing and adult education; adult services; independent
living; and community participation;
(2) Is based upon the individual student's needs,
including taking into account the student's preferences and
interests;
(3) Includes instruction, community experiences, the
development of employment and other post-school adult living
objectives, and, when appropriate, acquisition of daily living
skills and functional vocational evaluation.
(M) "Visual disability" for any individual means that one of the following
applies to the individual:
(1) The individual has a visual acuity of 20/200 or less in the better eye
with correcting lenses or has a limited field of vision in the better eye such
that the widest diameter subtends an angular distance of no greater than
twenty degrees.
(2) The individual has a medically indicated expectation of meeting the
requirements of division (M)(1) of this section over a period of time.
(3) The individual has a medically diagnosed and medically uncorrectable
limitation in visual functioning that adversely affects the individual's
ability to read and write standard print at levels expected of the
individual's peers of comparable ability and grade level.
(N) "Student with a visual disability" means any person under twenty-two
years of age who has a visual disability.
(O) "Instruction in braille reading and writing" means the teaching of the
system of reading and writing through touch commonly known as standard English
braille.
Section 2. That existing sections 3313.64, 3317.02, 3321.01, and 3323.01 of
the Revised Code are hereby repealed.
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