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H. B. No. 364As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Husted, Clancy, Calvert, Raga, DeWine, Seitz, Setzer, White, Goodman, Gilb, Faber, Webster, Schaffer, Brinkman, Flowers, Callender, Schmidt, Williams, Grendell, Young, Widowfield, Schneider, Wolpert, Blasdel, Allen
A BILL
To amend sections 149.43, 3314.02,
3314.03, 3314.06,
3314.07,
3314.072, 3314.09, 3314.091, 3314.13,
3317.024,
3317.03,
3317.07, 3318.50, 3319.30,
3327.08, and
3365.08; to amend, for
the purpose of
adopting a
new section number as
indicated in
parentheses,
section 3314.011
(3314.16); and to
enact sections
3313.537, 3314.014, 3314.022,
3314.031,
3314.081,
3314.17, and
3318.53 of the
Revised Code to
expand
the
sponsorship and area of
the state in
which
community schools may be
established, to
allow certain
unlicensed teachers
to teach in
community schools, to establish the
State Board of
Community Schools, to establish the
Community
School Classroom Facilities Assistance
Program, and
to make other
changes in the
community
school law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.43, 3314.02,
3314.03, 3314.06,
3314.07,
3314.072, 3314.09, 3314.091, 3314.13, 3317.024, 3317.03,
3317.07,
3318.50, 3319.30,
3327.08, and 3365.08 be amended;
section
3314.011 (3314.16) be amended for the purpose of adopting
a new
section number as indicated in parentheses; and
sections
3313.537,
3314.014,
3314.022, 3314.031,
3314.081, 3314.17, and
3318.53 of
the
Revised
Code be enacted to
read as follows:
Sec. 149.43. (A) As used in this section: (1) "Public record" means any record that is kept by any
public office, including, but not limited to, state, county,
city,
village, township, and school district units, except
that "public
record" does not mean any of the following: (b) Records pertaining to probation and parole proceedings; (c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections; (d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential
under
section 2317.023 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code; (k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code; (l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code; (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace officer residential and familial information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law. (2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following: (a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised; (b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity; (c) Specific confidential investigatory techniques or
procedures or specific investigatory work product; (d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source. (3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment. (4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney. (5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented. (6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation. (7) "Peace officer residential and familial information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer that
discloses any of the following: (i) The address of the actual personal residence of a peace
officer, except for the state or political subdivision in which
the peace
officer resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer by
the peace officer's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's employer from the
peace
officer's compensation unless the amount of the deduction is
required by state
or federal law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer. (b) Any record that identifies a person's occupation as a
peace
officer other than statements required to include the
disclosure of that fact
under the campaign
finance law. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer shall disclose
to the
journalist the address of the actual personal residence of the
peace
officer and, if the peace officer's spouse, former spouse,
or
child is employed by a public office, the name and address of
the
employer of the peace officer's spouse, former spouse, or
child.
The request shall include the journalist's name and title
and the
name and address of the journalist's employer and shall
state
that disclosure of the information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution. (D) Chapter 1347. of the Revised Code does not limit the
provisions of this section. (E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law. (2) As used in divisions (B)(3) and (E)(1) of this section: (a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services. (b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes. (c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product. (d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services. (3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
(F) The governing authority of any for profit community
school established under Chapter 3314. of the Revised Code shall
not be subject to this section; however, the sponsor of such
school shall be subject to this section and any public records
relating to the community school maintained by that sponsor shall
be subject to disclosure pursuant to this section.
Sec. 3313.537. No city, local, or exempted village school
district shall prohibit the participation of any student enrolled
in a community school under Chapter 3314. of the Revised Code in
any extracurricular activity, including interscholastic athletics,
offered by a school within the district if the same activity is
not offered by the community school.
Sec. 3314.014. (A) For the purpose of establishing an
additional
state-level entity to sponsor and monitor community
schools, there
is hereby created the state board of community
schools, composed
of seven
members appointed by the
governor.
The
superintendent of public
instruction,
or
the superintendent's
designee, shall
serve as an ex officio
nonvoting member of
the
board.
Members appointed by the governor shall be selected from
among persons with an
interest in and commitment to education
reform with particular
interest in fostering the development of
community schools. At
least one member shall have a background in
finance, one member shall have a background in business, one
member shall have a background in school design and
administration, and one member shall have a background in school
assessment and accountability. Of the initial seven members
appointed by the governor,
one shall be appointed to a one-year
term, two shall be appointed
to two-year terms, two shall be
appointed to three-year terms, one
shall be appointed to a
four-year term, and one shall be appointed
to a five-year term.
Thereafter, members
shall be appointed
to
five-year terms,
beginning on the first day
of July and ending
on
the thirtieth day
of June. Members may be
reappointed.
Vacancies
shall be filled in
the same manner as
original
appointments.
Members shall receive no
compensation but
shall be
reimbursed for
actual and necessary
expenses incurred in
the
performance of their
official duties. (B) The governor shall appoint an initial executive director
of the board who shall serve at the pleasure of the board. The
board shall appoint any subsequent executive director who shall
serve at the pleasure of the board. The director
shall be
supportive of efforts to ensure a wide range of
educational
options for Ohio students.
(C) The board is a body corporate and politic, an agency
of state government and an instrumentality of the state,
performing essential governmental functions of the state. The
carrying out of the purposes and the exercise by the board of its
powers conferred under this chapter are essential public functions
and public purposes of the state. The board may, in its own name,
sue and be sued, enter into contracts, and perform all the powers
and duties granted to the board under this chapter, but it does
not have and shall not exercise the power of eminent domain. The attorney general shall serve as the legal representative
for the board and may appoint other counsel as necessary for that
purpose in accordance with section 109.07 of the Revised Code. (D) The general assembly shall provide funding for the
operation of the board. (E) The board shall do all of the following:
(1) Enter into, renew, and revoke community school
contracts under section 3314.02 of the Revised Code;
(2) Employ and establish the compensation of the executive
director and such clerical and administrative staff as needed;
(3) Monitor and evaluate the academic programs, operational
performance, and legal compliance of community schools with which
the commission has contracted;
(4) Establish rules for carrying out its duties in
accordance with section 111.15 of the Revised Code;
(5) Issue an annual report regarding the board's
activities
to the governor, the speaker of the house of
representatives, the
president of the senate, and the chairpersons
of house and senate
committees principally responsible for
education matters;
(6) Make legislative recommendations to the general
assembly designed to enhance the operation and performance of
community schools and the innovative nature, effectiveness,
accountability, and fiscal soundness of those schools as
authorized under this chapter; (7) Receive and accept any gifts, grants, pledges, or
donations to be used for the furtherance of any duty of the
board; (8) Establish a timetable for the department of education to
make payments to community schools in the amounts specified by
section 3314.08 of the Revised Code, except that if the department
has good cause not to make a payment to one or more schools by a
date established by the board, the department may request the
board to alter the timetable for such good cause. (F) Notwithstanding section 101.83 of the Revised Code, that
section does not apply to the state board of community schools.
Sec. 3314.02. (A) As used in this chapter: (1)
"Sponsor" means a public entity listed in division
(C)(1)
of
this
section with which the governing
authority of the
proposed
community school enters into a contract pursuant to this
section. (2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly. (3)
"Challenged school district"
means any of the following: (a) A school district that is part of the pilot project
area; (b) A school district that is in a state of academic
emergency
or academic watch
under section 3302.03 of the Revised
Code; (c) A big eight school district; (d) An urban school district. (4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following: (a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised
Code; (b) An average daily membership greater than
twelve
thousand, as reported pursuant to former division
(A) of section
3317.03 of the
Revised Code. (5)
"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. (6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998. (B) 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
the city, local, or
exempted village school
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 challenged
school district. The proposal may be
made
to
any of the following public
entities: (a) The board of education of the
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 is
located the
majority
of the territory of the district in which the
school is
proposed to be located; (c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory; (d) The state board of education; (e)
If the school is proposed to be located in the pilot
project
area, the governing
board of the educational service
center serving the county
containing the majority
of the territory
of the
pilot project area; (f)
If the school is proposed to be located in the pilot
project
area, a
A sponsoring
authority designated by the board of
trustees of
a state
university located in the
pilot project area,
any of the thirteen state-supported universities listed in section
3345.011 of the Revised Code or the board of trustees itself; (g) The state board of community schools created by section
3314.014 of the Revised Code. The public entity 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. (3) A new start-up school that is established in a school
district while that district is in a state of academic emergency
or academic watch
under section
3302.03 of the Revised Code may
continue in
existence once the school district is no longer
in a
state of
academic emergency
or watch, provided there is a valid
contract between
the
school and a sponsor. (D) A majority vote of
the board of a sponsoring
school
district board
entity
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. 3314.022. The governing authority of any community
school established under this chapter may contract with the
governing authority of another community school, the board of
education of a school district, or the administrative authority of
a nonpublic school for provision of services for any disabled
student enrolled at the school. Any school district
board of
education shall negotiate with a community school
governing
authority that seeks to contract for the provision of
services for
a disabled student under this section in the same
manner as it
would with the board of education of another school
district that
seeks to contract for such services.
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
either: (a) Be established as a nonprofit
corporation established
under Chapter 1702. of the Revised Code;
(b) Be established as a for profit entity provided that the
governing authority first posts a bond payable to the state in an
amount equal to one per cent of the entity's gross revenue during
the tax year that ended prior to the year the contract between the
school's sponsor and the governing authority is executed. If the
entity was not in business for an entire tax year prior to the
year the contract is executed, the governing authority shall post
a bond in an amount of at least one million dollars. Any bond
posted under this division shall be used to cover any repayment of
moneys that the school may owe to the state in the event that the
school closes prior to the end of any fiscal year. (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
achievement
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
financial audits by the
auditor of state. 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, and the audits shall be conducted in
accordance with
section 117.10 of the Revised Code. (9) The facilities to be used and
their locations; (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
which shall
be in conformance with section 3314.031 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
divisions (A), (B), and (C)
of section 3301.0715 and sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0714,
3313.50, 3313.643, 3313.66, 3313.661,
3313.662,
3313.67, 3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96,
3319.321, 3319.39, 3321.01, 3327.10, 4111.17,
and 4113.52
and
Chapters 117., 1347., 2744., 3365., 4112., 4123.,
4141., and
4167. of
the Revised Code as if it were a school
district
and will comply with section 3301.0714 of the Revised
Code in the manner specified in section 3314.17 of the Revised
Code; (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,
3313.611,
and 3313.614 of the Revised Code, except that the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code 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, the parents of all students
enrolled in the
school, and the legislative office of education
oversight. The school will
collect and provide
any data that the
legislative office of education oversight requests in
furtherance
of any study or research that the general assembly requires the
office to conduct, including the studies required under Section
50.39
of Am. Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended. (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 five 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 formula amount defined under section
3317.02
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 calculated pursuant to
section 3317.029 of the Revised Code 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) 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; (19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in section 3314.06
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following: (a) Prohibit the enrollment of students who reside outside
the
district in which the school is located; (b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located; (c) Permit the enrollment of students who reside in any
other
district in the state. (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) 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. 3314.031. A community school established under this
chapter shall employ as teachers only persons who meet at least
one of the following conditions:
(A) The person is licensed in accordance with sections
3319.22 to 3319.31 of the Revised Code.
(B) The person holds a permit issued under section 3319.301
of the Revised Code and the person teaches for not more than
twelve
hours per week.
(C) The person holds a bachelor's degree and the employing
school provides a mentoring
program for that person for one year
in the same manner as
required for persons with an alternative
educator license under
rule 3301-24-10 of the Administrative
Code. If a person is
employed by a single community school for
one year in complete
conformance with this division, that person
may thereafter teach
in any community school in the state without
any further licensing
or mentorship requirement.
The office of
community school
options established under section 3314.11 of the
Revised Code
shall establish and maintain a registry of persons
employed under
this division.
Sec. 3314.06. The governing authority of each community
school
established under this chapter shall adopt admission
procedures that specify
the following: (A) That except as otherwise provided in this section,
admission to the
school shall be open to any individual
age
five
to twenty-two
entitled to
attend school pursuant to section
3313.64 or 3313.65 of the Revised Code in
a school district in the
state. (B) That admission to the school may be limited to students
who
have attained a specific grade level or are within
a specific
age group; to students that meet a definition of
"at-risk," as
defined in the contract; or to residents of a specific geographic
area
within the district,
as defined in the contract. (C) Whether enrollment is limited to students who reside in
the district
in which the school is located or is open to
residents of other districts, as
provided in the policy adopted
pursuant to the contract. (D) That there will be no discrimination in the admission of
students to the school on the basis of race, creed, color,
handicapping
condition, or sex, except that the governing
authority may establish a single-gender school for the purpose
described in division (G) of this section; and
that, upon
admission of any
handicapped student, the community
school will
comply with all
federal and state laws regarding the
education of
handicapped
students. (E) That the school may not limit admission to students on
the
basis of intellectual ability, measures of achievement or
aptitude, or
athletic ability. (F) That the community school will admit the number of
students
that does not exceed
the capacity of the school's
programs, classes, grade levels, or
facilities. (G)
That the purpose of any single-gender school that is
established shall be to take advantage of the academic benefits
some students realize from single-gender instruction and
facilities and to offer students and parents residing in the
district the option of a single-gender education. (H) That, except as otherwise provided under division
(B) of
this section, if the number of applicants exceeds the capacity
restrictions of division (F) of this section, students
shall be
admitted by lot from all those submitting applications,
except
preference shall be given to students attending the
school the
previous year and to students who reside in the district in
which
the school is located. Preference may be given to siblings of
students attending the school the previous year. Notwithstanding divisions (A) through
(G)(H) of this
section,
in the event the racial composition of the enrollment of the
community school is violative of a federal desegregation order,
the
community school shall take any and all corrective measures to
comply with the desegregation order.
Sec. 3314.07. (A) The expiration of the contract for a
community school between a sponsor and a school shall be the
date
provided in the contract. A successor contract may
be entered
into unless the contract is terminated or not renewed pursuant to
this section. (B)(1) A sponsor may choose not to renew a contract at its
expiration or may choose to terminate a contract prior to its
expiration for
any of the following reasons: (a) Failure to meet student
performance requirements stated
in the contract; (b) Failure to meet generally accepted standards of fiscal
management; (c) Violation of any provision of the
contract or applicable
state or federal law; (2)
A sponsor may choose to terminate a contract prior to its
expiration if the sponsor has suspended the operation of the
contract under section 3314.072 of the Revised Code
A termination
of a contract under this section shall be effective only at the
conclusion of a school year. (3) At least
ninety
one hundred eighty days prior to the
termination or
nonrenewal of a contract, the sponsor shall notify
the school
of
the proposed action in writing. The notice shall
include the
reasons for the proposed action in detail, the
effective date of
the termination or nonrenewal, and
a statement
that the
school
may, within fourteen days of receiving the notice,
request
an
informal hearing before the sponsor. Such request must
be in
writing.
The informal hearing shall be held within
seventy
days of
the receipt of a request for the hearing.
Promptly
following
Following the
informal hearing, the sponsor shall issue
a
written
decision
either affirming or rescinding the decision to
terminate
or not
renew the contract. (4) A decision by the sponsor to terminate a contract may
be
appealed to the state board of education. The decision by the
state board pertaining to an
appeal under this division is final.
If the sponsor is the state board, its decision to terminate a
contract under division (B)(4)(3) of this section shall be final. (5) The termination of a contract under this section shall
be effective upon the occurrence of the later of the following
events:
(a) Ninety days following the date the sponsor notifies the
school of its decision to terminate the contract as prescribed in
division (B)(3) of this section;
(b) If an informal hearing is requested under division
(B)(3) of this section and as a result of that hearing the sponsor
affirms its decision to terminate the contract, the effective date
of the termination specified in the notice issued under division
(B)(3) of this section, or if that decision is appealed to the
state board under division (B)(4) of this section and the state
board affirms that decision, the date established in the
resolution of the state board affirming the sponsor's decision.
(C) A child attending a community school whose contract has
been
terminated,
nonrenewed, or suspended or that closes for
any
reason shall
be admitted to
the schools of the district in
which
the child is
entitled to attend
under section 3313.64 or
3313.65
of the Revised
Code. Any
deadlines established for the
purpose of
admitting
students under section
3313.97 or 3313.98
shall be
waived for
students to whom this division
pertains. (D) A sponsor of a community school and the officers,
directors,
or employees of such a sponsor are not liable in
damages in a tort or other
civil action for harm allegedly arising
from either of the following: (1) A failure of the community school or any of its
officers, directors,
or employees to perform any statutory or
common law duty or responsibility or
any other legal obligation; (2) An action or omission of the community school or any of
its officers,
directors, or employees that results in harm. (E) As used in this section: (1)
"Harm" means injury, death, or loss to person or
property. (2)
"Tort action" means a civil action for damages for
injury, death, or
loss to person or property other than a civil
action for damages for a breach
of contract or another agreement
between persons.
Sec. 3314.072. The provisions of this section are enacted to
promote the public health, safety, and welfare by establishing
procedures under which the governing authorities of community
schools established under this chapter will be held accountable
for their compliance with the terms of the contracts they enter
into with their school's sponsors and the law relating to the
school's operation. Suspension of the operation of a school
imposed under this section is intended to encourage the governing
authority's compliance with the terms of the school's contract and
the law and is not intended to be an alteration of the terms of
that contract. (A) If a sponsor of a community school established under
this chapter suspends the operation of that school pursuant to
procedures set forth in this section, the governing authority
shall not operate that school while the suspension is in effect.
Any such suspension shall remain in effect until the sponsor
notifies the governing authority that it is no longer in effect.
The contract of a school of which operation is suspended under
this section also may be subject to termination or nonrenewal
under section 3314.07 of the Revised Code. (B) If at any time
the sponsor of a community school
established under this chapter determines that conditions at the
school do not comply with a health and safety standard established
by law for school buildings, the sponsor shall immediately suspend
the operation of the school pursuant to procedures set forth in
division (D) of this section. (C)(1) For any of the reasons prescribed in division
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the
sponsor of a community school established under this chapter may
suspend the operation of the school only if it first issues to the
governing authority notice of the sponsor's intent to suspend the
operation of the contract. Such notice shall explain the reasons
for the sponsor's intent to suspend operation of the contract and
shall provide the school's governing authority with five business
days to submit to the sponsor a proposal to remedy the conditions
cited as reasons for the suspension. (2) The sponsor shall promptly review any proposed remedy
timely submitted by the governing authority and either approve or
disapprove the remedy. If the sponsor disapproves the remedy
proposed by the governing authority, if the governing authority
fails to submit a proposed remedy in the manner prescribed by the
sponsor, or if the governing authority fails to implement the
remedy as approved by the sponsor, the sponsor may suspend
operation of the school pursuant to procedures set forth in
division (D) of this section. (D)(1) If division (B) of this section applies or if the
sponsor of a community school established under this chapter
decides to suspend the operation of a school as permitted in
division (C)(2) of this section, the sponsor shall promptly send
written notice to the governing authority stating that the
operation of the school is immediately suspended, and explaining
the specific reasons for the suspension. The notice shall state
that the governing authority has five business days to submit a
proposed remedy to the conditions cited as reasons for the
suspension or face potential contract termination. (2) Upon receipt of the notice of suspension prescribed
under division (D)(1) of this section, the governing authority
shall immediately notify the employees of the school and the
parents of the students enrolled in the school of the suspension
and the reasons therefore, and shall cease all school operations
on the next business day.
Sec. 3314.081. To the extent permitted by federal law, the
department of education shall include community schools
established under this chapter in its annual allocation of federal
moneys under Title I of the Elementary and Secondary Education Act
of 1965, 20 U.S.C. 6301, et seq.
Sec. 3314.09.
(A) As used in this section
and section
3314.091
of the Revised Code,
"native student" means a
student
entitled to
attend school in the school district under section
3313.64
or
3313.65 of the Revised Code. (B) Except as provided in section 3314.091 of the
Revised
Code, the board of
education of each
city, local, and
exempted
village school district shall provide
transportation to
and from
school for its district's native students enrolled in
a
community
school located in that district or another district on
the
same
basis
that it
provides transportation for its native
students
enrolled in schools to which
they are assigned by the
board of
education at the same grade level and who
live the same
distance
from school except when, in the judgment of the
board,
confirmed
by the state board of education,
the transportation is
unnecessary
or unreasonable. A board shall not be
required to
transport
nonhandicapped
students to and from a community school
located in
another school district if the transportation would
require more
than thirty
minutes of direct travel time as measured
by school
bus from the collection
point designated by the
district's
coordinator of school transportation. (C) Where it is impractical to transport a pupil to and from
a
community school by school conveyance, a board may, in lieu of
providing the transportation, pay a parent, guardian, or other
person in charge of the child. The amount paid per pupil shall in
no event exceed the average transportation cost per pupil,
which
shall be based on the cost of transportation of children
by all
boards of education in this state during the next
preceding year. (D) The daily and annual instructional schedules of a
community
school and admission policies of such school as
established under section 3314.06 of the Revised Code are the sole
responsibility of the community
school's
governing authority, and
are subject only to the
requirements of
this chapter and the
governing authority's
contract with its
sponsor. Each school
district board of
education that is required
to provide
transportation for community
school students under this
section
shall provide the
transportation in accordance with those
schedules and policies so that students
may be present on time and
at all times
that the community school
is open for instruction.
Sec. 3314.091.
(A) A school district is not required to
provide
transportation
for any native student enrolled in a
community school if the district board
of education has entered
into an agreement with the
community school's governing authority
that designates the
community school as responsible for providing
or arranging for the
transportation of the district's native
students to and from the community
school. For any such
agreement
to be effective, it must be certified by the
superintendent of
public instruction
sponsor of the community school as having met
both of the following
requirements: (1) It is submitted to the
department
of education
sponsor
by a
deadline which shall be established by the
department
sponsor. (2) It specifies qualifications, such as residing a minimum
distance from
the school, for students to have their
transportation provided or arranged. (B)(1) A community school governing
board
authority that
enters into
an agreement to provide transportation under this
section shall
provide or arrange transportation free of any charge
for each of
its enrolled students in grades kindergarten through
eight who
live more than two miles from the school,
except that
the
governing board may make a payment in lieu of providing
transportation to the parent, guardian, or person in charge of the
student at the same rate as specified for a school district board
in division (C) of section 3314.09 of the Revised Code
except that
if the
drive time measured by the vehicle specified by the school
for
transporting
the students
such a student from the student's
residence to the
school is more than thirty minutes, the governing
authority in lieu of providing or arranging such transportation
may either: (a) Charge the student's parent, guardian, or person in
charge of the student a fee for the transportation service up to
the actual cost of the service less any amount received by the
school for transporting that student under division (C) of this
section; or (b) Make a payment for that student to the student's parent,
guardian, or person in charge of the student at the same rate as
specified for a school district board in division (C) of section
3314.09 of the Revised Code.
The The governing
board
authority may
provide or arrange
transportation for any other enrolled student
and may charge a fee
for such service
up to the actual cost of the service less any
amount received by the school for transporting that student under
division (C) of this section. The governing
board
authority may
request the payment specified under division (C) of this section
for any student it transports, for whom it arranges
transportation, or for whom it makes a payment in lieu of
providing transportation if the student lives more than one mile
from the community school or is disabled and the individual
education program requires transportation. (2) Notwithstanding anything to the contrary in division
(B)(1) of this section, a community school governing
board
authority shall
provide or arrange transportation free of any
charge for any
disabled student enrolled in the school for whom
the student's
individualized education program developed under
Chapter 3323. of
the Revised Code specifies transportation.
(C)(1) If a school district board and a community school
governing authority elect to enter into an
agreement
under this
section, the department of education annually shall pay
the
community school the amount specified in division (C)(2) of this
section
for each of the enrolled
students for whom the school's
governing
authority provides or arranges
transportation to and
from school.
The department shall deduct the payment from the
state payment under Chapter 3317. and, if
necessary, sections
321.14 and 323.156 of the Revised Code that is otherwise paid to
the school district in which the student enrolled in the community
school resides.
The
department shall
include the number of the
district's native
students for whom
payment is made to a community
school under this division in the
calculation of the
district's
transportation payment under
division
(D) of section
3317.022 of
the Revised Code. A community school shall be paid under this division only for
students who live more than one mile from the school or who are
disabled and whose individualized education program requires
transportation and whose
transportation
to and from school is
actually provided or arranged
or for whom a payment in lieu of
transportation is made by the
community school's governing
authority.
To
qualify for
the
payments, the community school
shall report to
the department, in
the form
and
manner required
by the department, data
on the
number of students transported or
whose transportation is
arranged, the
number of miles traveled,
cost to transport, and any
other information requested by the
department. A community school shall use payments received under this
division solely
to pay the costs of providing or arranging for the
transportation of students who live more than one mile from the
school or who are disabled and whose individualized education
program requires transportation, which may
include payments to a
parent, guardian,
or other
person in charge
of a child in lieu of
transportation. (2) The payment to a community school governing authority
under this section for each student who lives more than one mile
from the school or who is disabled and whose individualized
education program requires transportation and for whom the school
actually provides or arranges transportation or makes a payment in
lieu of providing transportation, shall be made according to the
following schedule: (a) In fiscal year 2002, four-hundred fifty dollars per
student; (b) In fiscal year 2003 and every fiscal year thereafter,
the amount specified in division (C)(2)(a) of this section
multiplied by the negative or positive percentage of change
reported in the consumer price index (all urban consumers,
transportation) by the bureau of labor statistics of the United
States department of labor from the beginning of the calendar year
that ended just prior to the beginning of the fiscal year to the
end of that calendar year.
(D) Except when arranged through payment to a parent,
guardian,
or person in charge of a child, transportation provided
or arranged for by a
community school
pursuant to an agreement
under this section is subject to all
provisions of the Revised
Code, and all rules adopted under
the Revised
Code, pertaining to
the
construction,
design, equipment, and
operation of school buses
and other vehicles
transporting students
to and from school. The
drivers and
mechanics of the vehicles are
subject to all
provisions of the
Revised Code, and all rules
adopted under the
Revised Code, pertaining to
drivers
and mechanics of such
vehicles. The community school also shall
comply
with sections
3313.201, 3327.09, and 3327.10 and division
(B)
of section 3327.16
of the Revised Code as if it were a
school
district. For purposes
of complying with section 3327.10 of the
Revised Code, the
educational
service center that serves the
county in which the
community
school is located shall be the
certifying agency, unless
the
agreement designates the school
district as the certifying
agency.
Sec. 3314.13. (A) As used in this section: (1)
"All-day kindergarten"
has the same meaning as in
section
3317.029 of
the
Revised Code. (2)
"Formula amount" has the same meaning as in section
3317.02 of the Revised Code. (B) The department of education annually shall pay each
community school
established under this chapter one-half of the
formula
amount for each student to whom both of the following
apply: (1) The student is entitled to attend school under section
3313.64 or
3313.65 of the Revised Code in a school district that
is
eligible to receive a payment under division (D) of section
3317.029
of the Revised Code if it provides all-day kindergarten; (2) The student is reported by the community school
under
division (B)(3) of section 3314.08 of the Revised Code as enrolled
in
all-day
kindergarten at the community school.
(C) If a student for whom payment
is made under division (B)
of this section is entitled to
attend school in a district that
receives any payment
for all-day kindergarten under division (D)
of section 3317.029 of the
Revised Code, the department shall
deduct the payment to the community school under this section
from
the amount paid that school district under that division.
If that
school district does not receive payment for all-day
kindergarten
under that division because it does not provide all-day
kindergarten, the department shall pay the community school from
state
funds appropriated generally for disadvantaged pupil impact
aid. (D) The department shall
adjust the amounts deducted from
school districts and paid to
community schools under this section
to reflect any enrollments
of students in all-day kindergarten in
community schools for
less than the equivalent of a full school
year.
Sec. 3314.011
3314.16. Every community school established
under this
chapter shall have a designated fiscal officer. The
auditor of state
may require by rule that the fiscal officer of
any community school,
before entering upon duties as fiscal
officer of the school, execute a
bond in an amount and with surety
to be approved by the governing
authority of the school, payable
to the state, conditioned for the
faithful performance of all the
official duties required of the
fiscal officer. Any such bond
shall be deposited with the
governing authority of the school, and
a copy thereof, certified
by the governing authority, shall be
filed with the county
auditor.
Sec. 3314.17. (A) Each community school established under
this chapter shall participate in the statewide education
management information system established under section 3301.0714
of the Revised Code. All provisions of that section and the
guidelines adopted under that section apply to each community
school as if it were a school district, except as modified for
community schools under division (B) of this section. (B) The guidelines adopted by the state board of education
under section 3301.0714 of the Revised Code may distinguish
methods and timelines for community schools to annually report
data, which methods and timelines differ from those prescribed for
school districts. Any methods and timelines prescribed for
community schools shall be appropriate to the academic schedule
and financing of community schools. The guidelines, however,
shall not modify the actual data required to be reported under
that section. (C) Each financial officer appointed under section 3314.16
of the Revised Code is responsible for annually reporting the
community school's data under section 3301.0714 of the Revised
Code. If the superintendent of public instruction determines that
a community school financial officer has willfully failed to
report data or has willfully reported erroneous, inaccurate, or
incomplete data in any year, or has negligently reported
erroneous, inaccurate, or incomplete data in the current and any
previous year, the superintendent may impose a civil penalty of
one hundred dollars on the financial officer after providing the
officer with notice and an opportunity for a hearing in accordance
with Chapter 119. of the Revised Code. The superintendent's
authority to impose civil penalties under this division does not
preclude the state board of education from suspending or revoking
the license of a community school employee under division (N) of
section 3301.0714 of the Revised Code.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(H), (J) to (L),
(O), (P), and (R) of this
section shall be
distributed to school districts meeting
the requirements of
section 3317.01 of the Revised Code;
in the case of divisions (J)
and (P) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (E),
(M), and (N) of this section, to
county MR/DD
boards; in the case of division (R)
of this section,
to joint
vocational school districts; in the
case of division (K) of this
section, to
cooperative education school districts; and in the
case of division (Q) of
this section, to the institutions defined
under section 3317.082 of the
Revised Code providing elementary or
secondary education programs to children
other than children
receiving special education under section 3323.091 of the
Revised
Code. The following shall be distributed monthly, quarterly, or
annually as may be determined by the state board of education: (A) A per pupil amount to each school district that
establishes a summer school remediation program that complies
with
rules of the state board of education. (B) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education. (C) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes. (D) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education. (E) An amount for the emergency
purchase
acquisition of
school buses
as
provided for in section 3317.07 of the Revised
Code; (F) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year. (G) In fiscal year 2000 only, an amount to each school
district for supplemental salary allowances for each licensed
employee except
those licensees serving as superintendents,
assistant superintendents, principals, or assistant principals,
whose term of
service in any year is extended beyond the term of
service of regular
classroom teachers, as described in section
3301.0725 of the Revised
Code; (H) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education. (I) Notwithstanding section 3317.01 of the Revised Code, but
only until
June 30, 1999,
to each city, local, and exempted
village school district, an
amount for
conducting driver education
courses at high schools for which the
state board of education
prescribes minimum standards and to
joint vocational and
cooperative education school
districts and educational service
centers, an amount for conducting
driver education courses to
pupils enrolled in a high school for
which the state board
prescribes minimum standards. No
payments shall be made under
this division after June 30, 1999. (J) An amount for the approved cost of transporting
developmentally handicapped pupils whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center. (K) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education. (L) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year. (M) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
board under section 3323.09 of the Revised Code; (N) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for supportive home services for preschool children; (O) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program. (P) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
the
effective date of this amendment
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars. (Q) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code. (R) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$46,260 in fiscal
years 2002 and 2003. The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section. (A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM,
which shall consist of the average daily membership during
such week of the
sum of the following: (1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination: (a) Students enrolled in adult education classes; (b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code; (c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code; (d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code. (2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities: (a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school; (b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section; (c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code; (d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code; (e) An educational service
center or cooperative education
district; (f) Another school district
under a cooperative education
agreement, compact, or contract. (3) One-fourth of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact; (4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero. (B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts: (1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision; (2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval by the state board of
education
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section; (3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section,
are enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code, are enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code,
are enrolled in a
community school
established under Chapter 3314.
of the Revised
Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school,
or are participating in a
program operated by a county MR/DD board
or a state
institution; (4) The number of pupils enrolled in joint vocational
schools; (5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap described
in division (A)
of section 3317.013 of the
Revised Code; (6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
described
in division
(B)
of section 3317.013 of the
Revised Code; (7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
described
in division
(C)
of
section
3317.013
of the Revised Code; (8)
The average daily
membership of handicapped children
reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps described
in division (D) of section
3317.013 of the Revised Code; (9) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
described
in division (E) of section 3317.013 of the Revised Code; (10) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for category six handicaps described in
division (F) of section 3317.013 of the Revised Code; (11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center; (12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center; (13) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education; (14)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998; (b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
described in
division (A) of
section
3317.013
of the Revised
Code; (c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
described in
division (B) of
section
3317.013
of the Revised
Code; (d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps described in
division
(C) of section
3317.013 of the Revised
Code; (e) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps described in division (D) of section
3317.013 of the Revised Code; (f) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap described in division (E) of
section
3317.013 of the Revised Code; (g) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps described in division (F) of section
3317.013 of the Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
No (2) A student enrolled in a community school established
under Chapter 3314. of the Revised Code shall be counted in the
formula ADM and, if applicable, the category one, two, or three
special education ADM of the school district in which the student
is entitled to attend school under section 3313.64 or 3313.65 of
the Revised Code for the same proportion of the school year that
the student is counted in the enrollment of the community school
for purposes of section 3314.08 of the Revised Code.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows: (1)(a) A child with a handicap described in section 3317.013
of
the Revised Code may be
counted both in formula
ADM and in
category one, two,
three,
four, five, or six
special education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM in the same
proportion that the child is
counted in formula
ADM.
(2)(b) A child enrolled in vocational education programs or
classes described
in section 3314.014 of the Revised Code may be
counted both in formula ADM and
category one or two vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM in
the
same proportion as the
percentage of time that the child spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district. (D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM, which shall
consist of
the average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the district,
except that the following categories
of students shall not be
included in the determination: (a) Students enrolled in adult education classes; (b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code; (c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district; (d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code. (2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students: (a) Students enrolled in each grade included in the joint
vocational district schools; (b) Handicapped children receiving
special
education
services
for the category one handicap described in
division (A)
of section 3317.013
of the Revised Code; (c) Handicapped children receiving
special
education
services
for the category two handicaps described in
division (B)
of section 3317.013
of the Revised Code; (d) Handicapped children
receiving special education
services for category three
handicaps
described in division
(C)
of section
3317.013 of the
Revised Code; (e)
Handicapped children
receiving special education services
for category four handicaps
described in division (D) of section
3317.013 of the Revised Code; (f) Handicapped children receiving special education
services for the category five handicap described in division (E)
of
section 3317.013 of the Revised Code; (g) Handicapped children receiving special education
services for category six handicaps described in division (F) of
section 3317.013 of the Revised Code; (h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code; (i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code. The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code. (E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following: (1) Any pupil who has graduated from
the twelfth grade of a
public high school; (2) Any pupil who is not a resident of the state; (3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) of that section; (4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership. Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education. Except as provided in
division
divisions (B)(2)
and (F) of
this section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the first full school week
in
October by the total number
of days the school was actually
open
for instruction during that
week. For purposes of state
funding,
"enrolled" persons are only
those pupils who are
attending school,
those who have attended
school during the
current school year and
are absent for
authorized reasons, and
those handicapped children
currently
receiving home instruction. The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education. (F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with
section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February. (2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
state board of education
determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
board shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount
computed
in the manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code. (3) If a student attending a community school under Chapter
3314. of the Revised Code is not included in the formula ADM
certified for the first full school week of October for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the community school student in accordance with division
(C)(2) of this section, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in the community school during
the first full school week in October. (G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education the average
daily
membership of all handicapped children in classes or
programs
approved annually by the state board of education, in the
manner prescribed
by the superintendent of public instruction. (b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction. (2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved by the state
board of education
pursuant to section
3317.05 of the Revised Code shall
do both of
the following: (a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes; (b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes. (3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day.
(b) If the state board determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section, the board shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department of
education shall pay an
amount
computed in the manner prescribed in
sections
3317.052 and
3317.053 of the Revised
Code. (H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education. (I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership. (2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974 through
3313.979 of the Revised Code
may count in average daily membership: (a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code; (b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school. (J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
Sec. 3317.07. The state board of education shall establish
rules for the purpose of distributing subsidies for
the purchase
of
acquiring school buses under division (E) of section 3317.024
of
the
Revised Code. No school bus subsidy payments shall be paid to any
district
unless such district can demonstrate that pupils
residing more
than one mile from the school could not be
transported without
such additional aid. The amount paid to a county MR/DD board for buses
for
transportation of children in special education programs
operated
by the board shall be one hundred per cent of the
board's net
cost. The amount paid to a school district for buses
purchased
acquired
for transportation of handicapped,
community school, and
nonpublic school pupils
shall be one hundred per cent of the
school district's net cost. The state board of education shall adopt a formula to
determine the amount of payments that shall be distributed to
school districts to
purchase
acquire school buses for pupils
other
than
handicapped or nonpublic school pupils. A school district may use payments received under this
section to acquire
school buses by any means permitted by section
3313.172 of the Revised Code, subject to
sections 3313.46 and
3327.08 of the Revised Code. If any district or MR/DD board obtains bus services for
pupil
transportation pursuant to a contract, such district or
board may
use payments received under this section to defray the
costs of
contracting for bus services in lieu of for
purchasing
acquiring
buses.
Sec. 3318.50. (A) As used in this section and in section
3318.52 of the Revised Code: (1)
"Start-up community school" means a
"new start-up
school"
as that term is defined in division (A) of section 3314.02
of the
Revised Code.
(2)
"Classroom
"classroom facilities"
has the same meaning as
in
section 3318.01
means buildings, land, grounds, equipment, and
furnishings used by a community school in furtherance of its
mission and contract entered into by the school's governing
authority under Chapter 3314. of the Revised Code.
(B) There is hereby established the community school
classroom facilities loan guarantee program. Under the program,
the Ohio school facilities commission may guarantee for up to
fifteen
years up to eighty-five per cent of the sum of the
principal and interest on a loan made to the governing authority
of a
start-up
community school established under Chapter 3314. of
the
Revised
Code for the sole purpose of assisting the governing
board
authority
in
acquiring, improving, or replacing classroom
facilities for the
community school
by
lease,
purchase, remodeling
of existing
facilities, or any
other
means
except by
including new
construction. The commission shall not make any loan guarantee under this
section unless the commission has determined both that the
applicant is creditworthy and that the classroom facilities
meet
specifications established by the commission under section 3318.51
of the Revised Code
that have been acquired,
improved, or replaced
under the loan meet applicable health and
safety standards
established by law for school buildings or those
facilities that
will be acquired, improved, or replaced under the
loan will meet
such standards. The commission shall not guarantee any loan under this
section unless the loan is obtained from a financial institution
regulated by the United States or this state. (C) At no time shall the commission exceed an aggregate
liability of ten million dollars to repay loans guaranteed under
this section. (D) Any payment made to a lending institution as a result
of
default on a loan guaranteed under this section shall be made
from
moneys in the community school classroom facilities loan
guarantee
fund established under section 3318.52 of the Revised
Code. (E) The commission may assess a fee of up to five hundred
dollars for each loan guaranteed under this section.
(F) Not later than ninety days after the effective date of
this section, the commission shall adopt rules that prescribe loan
standards and procedures consistent with this section that are
designed to protect the state's interest in any loan guaranteed by
this section and to ensure that the state has a reasonable chance
of recovering any payments made by the state in the event of a
default on any such loan.
Sec. 3318.53. There is hereby established the community
school classroom facilities support program. Under the program,
in any fiscal year that the general assembly appropriates moneys
specifically for such purpose, the Ohio school facilities
commission shall pay a stipend to each start-up community school
then currently chartered under Chapter 3314. of the Revised Code.
The stipend to each school shall be an amount equal to four
hundred fifty dollars times the number of students served by the
school in the year that the stipend is paid. The governing
authority of each community school may use the moneys paid under
this section to help defray any rental or loan payments the
authority makes for classroom facilities used by the community
school.
Sec. 3319.30. Except as provided in
division (C) of section
3314.031 or in section 3319.36 of the Revised Code, no
person
shall receive any compensation for the performance of duties as
teacher
in any school supported wholly or in part by the state or
by federal funds
who has not obtained a license of qualification
for the position as
provided for under section 3319.22 of the
Revised Code and which
license shall further certify to the good
moral character of the holder
thereof. Any teacher so qualified
may, at the discretion of the employing
board of education,
receive compensation for days on which the teacher
is excused by
such board for the purpose of attending professional meetings,
and
the board may provide and pay the salary of a substitute teacher
for such
days.
Sec. 3327.08. Boards of education of city school
districts,
local school districts, exempted village school
districts,
cooperative education school
districts, and joint vocational
school districts and governing boards of
educational service
centers may
purchase on
individual contract
acquire, in accordance
with section 3313.172
of the Revised Code, school buses and other
equipment used in
transporting children to and from school, and to
other functions
as authorized by the boards,
on individual
contract or the
boards, at
their discretion, may
purchase
acquire
the buses and
equipment through any
system of centralized
purchasing
system
established by the
state department of education
for that purpose, provided
that
state subsidy payments shall be
based on the amount of the lowest
price available to the boards by
either method
of purchase. No
board shall be deprived of any form
of state
assistance in the
purchase
acquisition of buses and
equipment by
reason
of
purchases
acquisition of buses and
equipment on an individual
contract. The
purchase
acquisition of school buses shall be made only
after
competitive bidding in accordance with
section 3313.46 of
the Revised Code. All bids shall state that the buses,
prior to
delivery, will comply with the
safety rules of the department of
public safety
adopted pursuant to section 4511.76 of the Revised
Code and all other
pertinent provisions of law.
Sec. 3365.08. (A) A college that expects to receive or
receives reimbursement under section 3365.07 of the Revised Code
shall furnish to a participant all textbooks and materials
directly related to a course taken by the participant under
division (B) of section 3365.04 of the Revised Code. No college
shall charge such participant for tuition, textbooks, materials,
or other fees directly related to any such course. (B) No student enrolled under this chapter in a course for
which credit toward high school graduation is awarded shall
receive
direct financial aid through any state or federal program. (C) If a school district provides transportation for
resident school students in grades eleven and twelve under
section
3327.01 of the Revised Code, a parent of a pupil enrolled
in a
course under division (B) of section 3365.04 of the Revised
Code
may apply to the board of education for full or partial
reimbursement for the necessary costs of transporting the student
between the secondary school the student attends and the
college
in which the student is enrolled. Reimbursement may
be paid
solely from funds received by the district under division
(D) of
section 3317.022
of the Revised Code. The state board of
education shall
establish guidelines, based on financial need,
under which a
district may provide such reimbursement. (D) If a community school provides or arranges
transportation
for its
pupils in grades nine through twelve under
section 3314.091 of the
Revised Code, a parent of a pupil of the
community school
who is enrolled in a course under division (B) of
section 3365.04 of
the
Revised
Code may apply to the governing
authority of the community school for
full or partial
reimbursement of the necessary costs of
transporting the student
between the community school and the
college. The governing
authority may pay the reimbursement in
accordance with the state
board's rules adopted under division (C)
of this section solely
from funds paid to it under section 3314.091 of the
Revised Code.
Section 2. That existing sections 149.43, 3314.011,
3314.02,
3314.03,
3314.06, 3314.07, 3314.072, 3314.09, 3314.091, 3314.13,
3317.024,
3317.03, 3317.07, 3318.50,
3319.30, 3327.08, and 3365.08
of the
Revised Code are hereby
repealed.
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