The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
(123rd General Assembly)(Amended House Bill Number 383)
To amend section 3321.01 of the Revised Code to permit school district boards
beginning with the 2000-2001 school year to adopt the first day of August,
instead of the thirtieth day of
September, as the date by which a child must be five years of age to be
admitted to kindergarten
and six years of age to be admitted to first grade.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 3321.01 of the Revised Code be amended to read as
Sec. 3321.01. (A) (1) 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
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.
(2) 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,
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 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.
(3) Notwithstanding divisions (A)(2) and (D) of
this section, beginning with the school year that starts in 2001 and
continuing thereafter the board of education of any district may adopt a
resolution establishing the first day of August in lieu of the
thirtieth day of September as the required date by which students
must have attained the age specified in those divisions.
(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
(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.
SECTION 2 . That existing section 3321.01 of the Revised Code is hereby