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Sub. H. B. No. 364As Reported by the House Education CommitteeAs Reported by the House Education Committee
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, Reidelbach
A BILL
To amend sections 3313.375, 3313.534,
3314.011,
3314.013,
3314.02,
3314.03, 3314.06, 3314.07,
3314.072,
3314.08,
3314.09, 3314.091, 3314.11,
3314.13,
3317.03, 3318.38, 3318.50, 3327.01,
3327.02, 3365.08, and
4117.101;
to amend, for
the
purpose of
adopting a
new section
number as
indicated in
parentheses,
section
3314.011
(3314.16); to
enact sections
3314.015,
3314.022,
3314.023, 3314.024, 3314.041, 3314.073,
3314.074,
3314.081, 3314.111,
3314.17, 3314.30, 3314.31,
and
3318.53; to
repeal
section 3314.021 of the
Revised
Code; and to amend Section 44.05 of Am.
Sub. H.B.
94 of the 124th General Assembly
to
expand
the
sponsorship and area of
the state in
which
community schools may be
established, to
establish
the
Community
School
Classroom Facilities
Assistance
Program, to establish the Community
School Revolving Loan Fund, to make
changes in the
oversight and management of
community schools, and
to make other
changes in the
community
school law,
and to add a representative from the Auditor of
State's Office to the Alternative Education
Advisory Council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.375, 3313.534, 3314.011,
3314.013, 3314.02,
3314.03, 3314.06, 3314.07,
3314.072, 3314.08,
3314.09, 3314.091, 3314.11,
3314.13, 3317.03,
3318.38,
3318.50,
3327.01, 3327.02,
3365.08, and 4117.101 be
amended;
section
3314.011
(3314.16) be
amended for the purpose of
adopting
a new
section
number as
indicated in parentheses; and
sections
3314.015,
3314.022, 3314.023, 3314.024, 3314.041, 3314.073,
3314.074,
3314.081, 3314.111,
3314.17, 3314.30, 3314.31, and
3318.53 of
the
Revised
Code be
enacted to
read as
follows:
Sec. 3313.375. The board of education of a city, local,
exempted village, or joint vocational school district
or, the
governing board of an educational service center, or the governing
authority of a community school may enter
into a
lease-purchase
agreement
providing for construction; enlarging or
other
improvement, furnishing, and equipping;
lease; and eventual
acquisition of a building
or improvements to a building
for any
school district
or, educational service center, or community
school purpose. The
agreement shall provide for a lease for
a
series of one-year
renewable lease terms totaling
not more than
thirty years. The
agreement shall provide that at the
end of the
series of lease
terms provided for in the agreement
the title to
the leased
property shall be vested in the
school district
or
educational
service center, if all obligations of the school
district
or, educational service center, or community school
provided
for in the agreement have been
satisfied. The
agreement
may, in addition to the rental payments,
require the school
district
or, educational service center, or community school
to
pay
the lessor a lump-sum
amount as a condition of obtaining title
to
the
leased property. In
conjunction with the agreement,
a
school
district board of education
or, an educational service
center
governing board, or a governing authority of a community
school
may grant leases, easements, or licenses
for
underlying
land or facilities under the board's control for
terms
not
exceeding five years beyond the final
renewal term of the
lease-purchase agreement entered into pursuant
to this section.
Payments under the
agreement may be deemed to
be, and paid as,
current operating expenses. The obligations under a lease-purchase agreement entered into
pursuant to this
section shall not be considered to be net
indebtedness of a school district
under section 133.06 of the
Revised Code.
Sec. 3313.534. No later than
July 1, 1998, the board of
education of each city, exempted village, and local school
district shall adopt a policy of zero tolerance for violent,
disruptive, or inappropriate behavior, including excessive
truancy, and establish strategies to address such behavior that
range from prevention to intervention. No later than July 1,
1999, each of the big eight school
districts, as defined in section
3314.02 of the Revised
Code,
shall establish under
section 3313.533 of the Revised
Code at
least one alternative
school to meet the educational needs of
students with severe
discipline problems, including, but not
limited to, excessive
truancy, excessive disruption in the
classroom, and multiple
suspensions or expulsions. Any other
school district that
attains after that date a significantly
substandard graduation rate, as
defined by the
department of
education, shall also establish
such an alternative school under
that section. As used in this section, "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.
Sec. 3314.013. (A)(1) Until July 1, 2000, no
more than
seventy-five contracts between start-up schools and the state
board of
education may be in effect outside the pilot project area
at any time under
this chapter. (2) After July 1, 2000, and until July 1, 2001, no more
than
one
hundred twenty-five contracts between start-up schools and the
state board of
education may be in effect outside the pilot
project area at any time
under this chapter.
(3) For two years after the effective date of this
amendment, no more than two hundred twenty-five contracts between
start-up schools and all sponsors combined may be in effect under
this chapter. (B) Within twenty-four hours of a request by any person, the
superintendent of public instruction shall indicate the number of
preliminary agreements for
state board-sponsored start-up schools
currently outstanding and the number of contracts for these
schools in effect at the time of the request.
(C) It is the intent of the general assembly to consider
whether
to provide limitations on the number of start-up community
schools after
July 1, 2001, following its examination of the
results of
the studies by the legislative office of education
oversight required under
section
Section 50.39 of
Am.
Sub.
H.B.
No. 215 of the 122nd general
assembly and
section
Section 50.52.2
of
Am.
Sub.
H.B.
No. 215 of the 122nd general
assembly, as amended
by Am.
Sub.
H.B.
No. 770 of the 122nd general
assembly.
Sec.
3314.015. (A) The department of education shall be
responsible for the oversight of sponsors of the community schools
established
under this chapter and shall provide technical
assistance to schools and sponsors in their compliance with
applicable laws and the terms of the contracts entered into under
section 3314.03 of the Revised Code and in the development and
start-up activities of those schools. In carrying out its duties
under this section, the department shall do all of the following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials; (2) Approve entities to be sponsors of community schools and
monitor the effectiveness of those sponsors in their oversight of
the schools with which they have contracted;
(3) By December thirty-first of each year, issue a report
to the governor, the speaker of
the house of representatives, the
president of the senate, and the
chairpersons of the house and
senate committees principally
responsible for education matters
regarding the effectiveness of
academic programs, operations, and
legal compliance and of the financial condition of all
community
schools established under this chapter;
(4) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B) No entity listed in division (C)(1) of section
3314.02 of the Revised Code shall enter into a preliminary
agreement under division (C)(2) of section 3314.02 of the Revised
Code until it has received approval from the department of
education to sponsor community schools under this chapter and has
entered into a written agreement with the department regarding the
manner in which the entity will conduct such sponsorship. The
department shall adopt in accordance with Chapter 119. of the
Revised Code rules containing criteria, procedures, and
deadlines
for
processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The
rules shall
require an entity to submit evidence of the entity's
ability and
willingness to comply with the provisions of division
(D) of
section 3314.03 of the Revised Code. An entity that is approved to sponsor community schools may
enter into any number of preliminary agreements and sponsor any
number of schools, provided each school and the contract for
sponsorship meets the requirements of this chapter. (C) If at any time the state board of education
finds that a
sponsor is not in compliance or is no longer willing
to comply
with its contract with any community school or with the
department's rules for sponsorship, the
state board or designee
shall conduct a hearing in accordance with Chapter
119. of the
Revised Code on that matter. If after the hearing,
the state
board or designee has confirmed the original finding, the
state
baord or designee shall revoke the sponsor's approval to sponsor
community schools and shall assume the sponsorship of any
schools
with which the sponsor has contracted until the earlier of the
expiration of two school years or until a new sponsor as
described
in division (C)(1) of section 3314.02 of the Revised
Code is
secured by the school's governing authority. The
department may
extend the term of the contract in the case of a
school for which
it has assumed sponsorship under this division as
necessary to
accommodate the term of the department's
authorization to sponsor
the school specified in this division. (D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship, as provided in division (C) of this section, may
be appealed by the entity in accordance with section 119.12 of the
Revised Code. (E) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.02. (A) As used in this chapter: (1)
"Sponsor" means
a public
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of education to sponsor community schools and
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
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
any
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
any 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
sponsoring
authority designated by the
board of
trustees of
a state
university located in the
pilot
project area,
or the board of
trustees itself
(e) Any qualified tax-exempt
entity under section 501(c)(3)
of the Internal Revenue Code that
has been in operation for at least five years prior to applying to
be a community school sponsor or has assets of at least five
hundred thousand dollars.
The public
Any entity
described in this division 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
an 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
as described in
division (E) of this section
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
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, provided there is a valid
contract between
the
school and a sponsor.
A copy of every preliminary agreement entered into under this
division shall be filed with the superintendent of public
instruction. (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. (E) Each new start-up community school established under
this chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals
who are not owners or employees of any for-profit firm that
operates or
manages a school for the governing authority.
No person shall serve on the governing authority or
operate the community school under contract with the governing
authority so long as the person owes the state any money or is in
a dispute over whether the person owes the state any money
concerning the operation of a community school that has closed.
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, the governing board of an
educational service center, a county MR/DD board, 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 or educational service center
governing board 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 a school
district that
seeks
to contract for such
services.
Sec. 3314.023. In order to provide monitoring and technical
assistance, the sponsor of a community school shall be located or
have representatives located within fifty miles of the location of
the community school.
Sec. 3314.024. A management company that provides services
to
a community school that amounts to more than twenty per cent of
the annual gross revenues of the school shall provide a detailed
accounting including the nature and costs of the services it
provides to the community school. This information shall be
included in the footnotes of the financial statements of the
school and be subject to audit during the course of the regular
financial audit of the community school.
Sec. 3314.03.
(A)
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction. (A) Each contract entered into
under section
3314.02 of the
Revised Code between a sponsor and the governing
authority of a
community school shall specify the following: (1) That the school shall
be established as a nonprofit
corporation established
under Chapter 1702. of the Revised Code;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum; (3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
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)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student. Such a policy shall provide for withdrawing the student
by the end of the thirtieth day after the student has failed to
participate as required under this division. (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 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 5705.391
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
that is not a contract with a for-profit
firm for the operation or
management of a school under the
auspices of the governing
authority; (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
within four months after the end of each school year a
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,
unless extended pursuant to division (E) of this section; (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.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code; (21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing the authority of the
department of education as the community school oversight body to
suspend the operation of the school under section 3314.072 of the
Revised Code if the department has evidence of conditions or
violations of law at the school that pose an imminent danger to
the health and safety of the school's students and employees and
the sponsor refuses to take such action;
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code.
(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.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that school receives
from the state. (D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) At any time during the course of the term of a
contract entered into under this section, the sponsor of a
community school may, with the approval of the governing authority
of the school, extend the duration of the term of that contract to
a period of time determined by the sponsor, but not ending earlier
than the end of any school year if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract are satisfactory. Any contract that is extended
under this division remains subject to the provisions of sections
3314.07, 3314.072, and 3314.073 of the Revised Code.
Sec. 3314.041. The governing authority of each community
school and any operator of such school shall place in a
conspicuous manner in all documents that are distributed to
parents of students of the school or to the general public the
following statement:
"The .............. (here fill in name of the school) school
is a community school established under Chapter 3314. of the
Revised Code. The school is a public school and students enrolled
in and attending the school are required to take proficiency tests
and other examinations prescribed by law. In addition, there may
be other requirements for students at the school that are
prescribed by law. Students who have been excused from the
compulsory attendance law for the purpose of home education as
defined by the Administrative Code shall no longer be excused for
that purpose upon their enrollment in a community school. For more
information about this matter contact the school administration or
the Ohio Department of Education."
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)(1) 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.
(2) For purposes of division (B)(1) of this section,
"at-risk" students may include those students identified as gifted
students under section 3324.03 of the Revised Code. (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)(1) 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; and
that,
except that the
governing
authority may establish single-gender schools for the
purpose
described in division (G) of this section provided
comparable facilities and learning opportunities are offered for
both boys and girls. Such comparable facilities and opportunities
may be offered for each sex at separate locations. (2) 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, except that a school may limit its
enrollment to students as described in division (B)(2) of this
section. (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 single-gender schools that are
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
termination
of
a contract under this section shall be effective only at the
conclusion of a school year. (3) At least
ninety
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 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.
If the sponsor fails to take action
to suspend the operation of a school to which this division
applies, the department of education may take such action. (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. 3314.073. (A) In lieu of termination of a contract or
suspension of the operation of a school as provided for in section
3314.07 and 3314.072 of the Revised Code, respectively, after
consultation with the governing authority of a community school
under its sponsorship, if a sponsor finds that any of the
conditions prescribed in division (B)(1) of section 3314.07 of the
Revised Code apply to the school, the sponsor may declare in
written notice to the governing authority that the school is in a
probationary status which shall not extend beyond the end of the
current school year. The notice shall specify the conditions that
warrant probationary status. The sponsor may declare a school to
be in such status only if it has received from the governing
authority reasonable assurances to the satisfaction of the sponsor
that the governing authority can and will take actions necessary
to remedy the conditions that have warranted such probationary
status as specified by the sponsor. (B) The sponsor shall monitor the actions taken by the
governing authority to remedy the conditions that have warranted
probationary status as specified by the sponsor and may take over
the operation of the school as provided in the contract or may
take steps to terminate the contract with the governing authority
or to suspend operation of the school if the sponsor at any time
finds that the governing authority is no longer able or willing to
remedy those conditions to the satisfaction of the sponsor.
Sec. 3314.074. If any community school established under this
chapter permanently closes and ceases its operation as a community
school, the assets of that school shall be distributed first to
private creditors, employees of the school, and the retirement
funds of employees of the school who are owed
compensation and
then any remaining funds shall be paid to the
state treasury to
the credit of the general revenue fund.
Sec. 3314.08. (A) As used in this section: (1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code. (3)
"IEP" means an
individualized education program as
defined in section 3323.01 of
the Revised Code. (4)
"Applicable
special education weight" means the
multiple
specified in section 3317.013
of
the Revised Code for a handicap
described
in that
section. (5)
"Applicable vocational education weight" means: (a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division; (b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division. (6)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code. (7)
A community school student
is "included in the DPIA
student count" of a school district if
the student is entitled to
attend school in the district and: (a) For school years prior to fiscal year 2004, the
student's family receives assistance under the Ohio works first
program. (b) For school years in and after fiscal year 2004, the
student's family income does not exceed the federal poverty
guidelines, as defined in section 5101.46 of the Revised Code, and
the student's family receives family assistance, as defined in
section 3317.029 of the Revised Code. (8) "DPIA reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of disadvantaged pupil
impact aid
a community school is entitled to receive pursuant to
divisions (D)(5) and
(6) of this
section in any year,
as
specified
in the school's financial plan for the year pursuant to
division
(A)(15) of section 3314.03 of the Revised Code. (9)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code. (B) The state board of education shall adopt rules requiring
both
of the following: (1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following: (a) The number of
students enrolled in grades one through
twelve and the number
of
students enrolled in kindergarten in the
school
who are not receiving special education and
related
services pursuant to an IEP; (b) The number of enrolled students in grades one through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related services
pursuant to
an IEP; (c) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related services
pursuant to
an IEP for a handicap described in each of divisions
(A)
to (F)
of section 3317.013
of
the Revised Code; (d)
The full-time equivalent number of students reported
under divisions
(B)(2)(a) and (b) of this section who are
enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are
provided by the community school; (e) The number of
enrolled preschool handicapped students
receiving special education
services in a state-funded unit; (f) The community
school's base formula amount; (g) For each student, the
city, exempted village, or
local
school district in which the
student is
entitled to attend
school; (h) Any DPIA reduction factor that applies to a
school
year. (C) From the payments made to a city, exempted village, or
local
school district under Chapter 3317. of the Revised Code and,
if necessary,
sections 321.14 and 323.156 of the Revised Code, the
department of education
shall annually subtract all of the
following: (1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a) and (b) of this section who are
enrolled in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the base formula amount
of that community school
as adjusted by the school district's
cost-of-doing-business factor. (2) The
sum of the
amounts calculated under divisions
(C)(2)(a)
and
(b) of this
section: (a) For each of the district's students reported under
division
(B)(2)(c) of this section as enrolled in a community
school in
grades one through twelve and receiving special
education and related services
pursuant to an IEP for a handicap
described in section 3317.013 of
the Revised Code, the product of
the applicable special education weight
times
the
community
school's base formula
amount; (b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten
in
a
community school and receiving special education and related
services
pursuant to
an IEP for a handicap described in section
3317.013 of the
Revised
Code, one-half of the amount calculated as
prescribed in division
(C)(2)(a) of this section. (3)
For each of the district's students reported under
division
(B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment; (4) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school
who are included in the district's DPIA student
count
is multiplied by the per pupil amount of
disadvantaged pupil
impact aid the school district receives that
year pursuant
to
division (B) or (C) of section 3317.029 of
the
Revised
Code, as
adjusted by any DPIA reduction factor of that
community
school.
If
the district receives
disadvantaged pupil
impact aid under
division (B) of that section,
the per pupil
amount of that aid is
the quotient of the amount the district
received under that
division divided by the
district's DPIA student count,
as defined
in that section.
If
the
district receives
disadvantaged pupil
impact aid under division
(C) of section
3317.029 of the Revised
Code, the
per pupil
amount
of that aid is
the per pupil dollar
amount prescribed for the
district in
division (C)(1) or (2) of
that section. (5) An amount equal to the sum of the amounts obtained
when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
DPIA
reduction factor of the community school, is
multiplied by the sum of the
following: (a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP; (b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP; (c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP. The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section. (D) The department shall annually pay to a community school
established under
this chapter all of the following: (1) An amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve, plus
one-half of the kindergarten students in the school,
reported
under
divisions (B)(2)(a) and (b) of
this
section who are not
receiving special education and related services pursuant
to an
IEP for a handicap described in
section
3317.013
of the Revised
Code
is
multiplied by the community school's base formula
amount,
as
adjusted by the cost-of-doing-business factor of the school
district in which the student is
entitled to attend school; (2) The greater of the following: (a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds; (b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section: (i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a handicap described in
section
3317.013
of the
Revised
Code, the following amount: (the community school's base formula amountX the cost-of-doing-business factorof the district where the studentis entitled to attend school) +
(the applicable
special education
weight Xthe community school's base formula amount);(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
handicap
described in
section
3317.013
of the Revised
Code, one-half
of
the
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section. (3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction. (4)
For each student reported under division (B)(2)(d)
of
this section as enrolled in vocational education programs or
classes that
are described in section 3317.014 of the Revised
Code, are provided by the community school,
and are comparable as
determined by the superintendent of public instruction to
school
district vocational education programs and classes eligible for
state
weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable
vocational education weight
times the community school's base formula amount
times the
percentage of time the student spends in the vocational education
programs or classes. (5) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school
who are included in the
district's DPIA student count is
multiplied by the per pupil
amount of disadvantaged
pupil
impact
aid that school district
receives that year pursuant to
division
(B) or (C) of
section
3317.029 of the Revised Code, as
adjusted by
any DPIA reduction
factor of the community school.
The
per pupil
amount of
aid shall
be determined as described in
division
(C)(4) of this
section. (6) An amount equal to the sum of the amounts obtained
when,
for
each school district where the community school's
students are
entitled to attend school, the district's per pupil
amount of aid
received under division (E) of section 3317.029 of
the
Revised
Code, as adjusted by any DPIA
reduction factor of the
community
school, is multiplied by the sum of the
following: (a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP; (b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP; (c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section. (E)(1) If a community school's costs for a fiscal year for a
student
receiving special education and related services pursuant
to an
IEP for a handicap
described in
divisions (B) to
(F) of
section
3317.013 of the
Revised
Code
exceed the threshold
catastrophic cost for serving the student as specified in division
(C)(3)(b) of section 3317.022 of the Revised Code, the school may
submit
to the
superintendent of
public instruction documentation,
as
prescribed
by the
superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
community
school an amount equal to the school's costs
for the
student in
excess of
the threshold catastrophic costs. (2) The community school shall only report
under division
(E)(1) of this section, and the department
shall
only pay
for, the
costs of educational expenses and the
related
services
provided to
the student in accordance with the
student's
individualized
education program. Any legal fees, court
costs, or
other costs
associated with any cause of action relating
to the
student may
not be included in the amount. (F) A community school may apply to the department of
education for
preschool handicapped or gifted unit funding the
school would receive if it were a school district. Upon request
of its
governing authority, a community school that received
unit
funding as a school district-operated school before it became a
community
school shall retain any units awarded to it as a school
district-operated
school provided the school continues to meet
eligibility standards for the
unit. A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds. (G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school. (H) A community school may not levy taxes or issue bonds
secured by tax revenues. (I) No community school shall charge tuition for the
enrollment of any student. (J)(1) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the
receipt
of any portion of the
payments to be received by the
school
pursuant to division (D) of this
section. The school may
issue
notes to evidence such borrowing
to mature no
later than the
end
of the fiscal year in which such money was borrowed. The
proceeds
of the notes shall be used only for the purposes for
which the
anticipated receipts may be lawfully expended by the
school.
(2) A school may also borrow money for a term not to exceed
fifteen years for the purpose of acquiring facilities, as
described in division (B) of section 3318.50 of the Revised Code. (K) For purposes of determining the
number of students for
which divisions
(D)(5) and
(6) of this section applies in
any
school year, a community school may submit to
the department
of
job and family services, no
later than the first day of
March,
a
list of the students enrolled in the
school. For each student
on
the list, the community school shall indicate the
student's
name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under this
division, the department
of
job and family services
shall determine,
for each school district where one or more
students on the list is entitled
to attend school,
the
number
of
students residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student. (L) The department
of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety
days after the effective date of this
amendment shall adopt in
accordance with Chapter 119. of the
Revised Code rules governing
the payments to community schools
under this section including
initial payments in a school year and
adjustments and reductions
made in subsequent periodic payments to
community schools and
corresponding deductions from school
district accounts as provided
under divisions (C) and (D) of this
section. For
purposes of this
section, a: (1) A
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code. (2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
between the date on which the school both has received
documentation of the student's enrollment from a parent and has
commenced participation in learning opportunities as defined in
the contract with the sponsor. For purposes of
applying this
division to a community school student, "learning
opportunities"
shall be defined in the contract, which shall
describe both
classroom-based and non-classroom-based learning
opportunities and
shall be in compliance with criteria and
documentation
requirements for student participation which shall
be established
by the department. Any student's instruction time
in
non-classroom-based learning opportunities shall be certified
by
an employee of the community school. A student's enrollment
shall
be considered to cease on the date on which any of the following
occur:
(a) The community school receives documentation from a
parent terminating enrollment of the student;
(b) The community school is provided documentation of a
student's enrollment in another public or private school;
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
(3) A student's percentage of full-time equivalency shall
be considered to be the percentage the hours of learning
opportunity offered to that student is of nine hundred and twenty
hours. (M) The department of education shall reduce the amounts
paid
under division (D) of this section to reflect payments made
to
colleges under division (B) of section 3365.07 of the Revised
Code.
(N) Beginning with the school year that starts on July 1,
2001, in accordance with policies adopted jointly by the
superintendent of public instruction,
and the auditor of state,
the
department shall reduce the amounts otherwise payable
under
division (D) of this section to any internet or
computer-based
community school that includes in its program the
provision of
computer hardware and software materials to each
student, if such
hardware and software materials have not been
delivered,
installed, and activated for all students in a timely manner or
other educational materials or services have not been provided
according to the contract between the individual community school
and its sponsor. The superintendent of public instruction,
and the auditor of
state, shall jointly
establish a method for auditing any community
school to which this
division pertains to ensure compliance with
this section. The superintendent, auditor of state, and the governor shall
jointly
make recommendations to the general assembly for
legislative
changes that may be required to assure fiscal and
academic
accountability for such internet or computer-based
schools.
(O)(1) If the department determines that a review of a
community school’s enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school’s fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree
to the extension.
(b) Delays in data submission caused by either a community
school or its sponsor. (2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department’s
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board.
The
board may accept the decision of the designee or may reject
the
decision of the designee and issue its own decision on the
matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys
to the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
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
in accordance with section
3327.01 of the Revised Code. (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.
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
as having met
both
all of the following
requirements: (1) It is submitted to the
department
of education
by a
deadline which shall be established by the
department. (2) It specifies qualifications, such as residing a minimum
distance from
the school, for students to have their
transportation provided or arranged. (3) The transportation provided by the community school is
subject to all provisions of the Revised Code and all rules
adopted under the Revised Code pertaining to pupil transportation.
(4) The sponsor of the community school also has signed the
agreement. (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
if the
drive time measured by the vehicle specified by the school
for
transporting
the students
from the student's
residence to the
school is more than thirty minutes
eligible for transportation as
specified in section 3327.01 of the Revised Code.
The The governing
board
authority may
provide or arrange
transportation for any other enrolled student
who is not eligible
for transportation
and may charge a fee
for such service
up to the
actual cost of the service.
The governing
board
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
are eligible
as specified in section 3327.01 of the Revised Code 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
are eligible as specified in section 3327.01 of the Revised
Code 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,
eligible students 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
terms of the agreement entered into
under this section.
(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. 3314.11. The department of education shall establish
the
state
office of
school options
community schools to provide
advice and services for the community schools program, established
pursuant to
Chapter 3314. of the Revised Code, and the pilot
project scholarship program,
established pursuant to sections
3313.974 to 3313.979 of the Revised Code.
The
office shall
provide services that facilitate the
management of the community
schools program
and the pilot project scholarship
program,
including providing technical assistance and
information to
persons or groups considering proposing a community school, to
governing authorities of community schools, and to public entities
sponsoring or considering sponsoring a community school.
Sec. 3314.111. The department of education shall establish
the state office of school options to provide advice and services
for the pilot project scholarship program, established pursuant to
sections 3313.974 to 3313.979 of the Revised Code that facilitate
the management of that program.
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.
The fiscal officer designated under this section shall be
licensed under section 3301.074 of the Revised Code or
shall
complete not less than sixteen hours of continuing education
classes, courses, or workshops in the area of school accounting as
approved by the sponsor of the
community school.
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
rules
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 rules 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. 3314.30. (A) As used in this section: (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) A "school's contract" means the contract entered into
between the governing authority and the sponsor of a community
school under section 3314.03 of the Revised Code.
(B) There is hereby created in the state treasury the
community school revolving loan fund. The fund shall consist of
federal moneys allocated to the state for development and
operation of community schools and other moneys appropriated or
transferred by the general assembly for such purpose.
(C) The department of education may make a loan from the
fund created in division (B) of this section to the governing
authority or the sponsor of any start-up community school upon
approval of the loan by the superintendent of public instruction.
Moneys loaned from the fund shall be used only to pay the costs
associated with any provision of the school's contract. A
start-up community school may receive more than one loan from the
fund; however, no school shall receive a cumulative loan amount
throughout the term of the school's contract that is greater than
two hundred fifty thousand dollars.
(D) The superintendent of public instruction may consider
all of the following when determining whether to approve a loan
from the fund created in division (A) of this section:
(1) Soundness of the school's business plan;
(2) Availability of other sources of funding for the
school;
(3) Geographic distribution of other such loans;
(4) Impact of receipt of the loan on a school's ability to
secure other public and private funding;
(5) Plans for the creative use of the loan amounts to
create further financing, such as loan guarantees or other types
of credit enhancements;
(6) Financial needs of the community school.
(E) The superintendent of public instruction shall give
priority for loans under this section to newly established
community schools to pay start-up costs.
(F) The rate of interest charged on any loan under this
section shall be the rate that would be applicable to the same
money if invested in the Ohio subdivision's fund created in
section 135.45 of the Revised Code as of the date the loan is
disbursed to the community school.
(G) Commencing in the first fiscal year that next
succeeds the fiscal year that a community school receives a loan
under this section, the department shall deduct from the periodic
payments made to the school under section 3314.08 of the Revised
Code a prorated amount of the annual repayment amount due under
the loan. The amount deducted from a school's periodic payments
under this division that is attributed to the principal of the
loan shall be deposited into the fund created in division (A) of
this section. The amount deducted from a school's periodic
payments under this division that is attributed to the interest on
the loan shall be deposited into the fund created in section
3314.31 of the Revised Code. The repayment period for any loan
made under this section shall not exceed five consecutive fiscal
years.
(H) The office of budget and management and the
department of education shall monitor the adequacy of moneys on
hand in the fund created in division (A) of this section and shall
report annually to the general assembly on any recommended
appropriations, changes in the interest rate charged on loans
under this section, or changes in default recovery procedures.
Sec. 3314.31. There is hereby created in the state treasury
the community school security fund. The fund shall consist of
moneys paid into the fund under division (G) of section 3314.30 of
the Revised Code and any other moneys that the general assembly
appropriates for the fund. Moneys in the fund shall be paid into
the fund created in division (A) of section 3314.30 of the Revised
Code in the case of default on a loan made under section 3314.30
of the Revised Code in an amount up to the amount of such
default.
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, three,
four, five, or six
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. 3318.38. (A) As used in this section, "big-eight
school
district" has the same meaning as in section
3314.02
3313.534 of the
Revised Code. (B) There is hereby established the accelerated urban school
building assistance program. Under the program, notwithstanding
section
3318.02 of the Revised Code, any big-eight school district
that has not been approved to receive assistance under sections
3318.01
to 3318.20 of the Revised Code by July 1, 2002, may
beginning on that date apply for approval of and be approved for
such
assistance. Except as otherwise provided in this section,
any project
approved and
undertaken pursuant to this section shall
comply with all provisions of
sections 3318.01 to 3318.20 of the
Revised Code.
The Ohio school facilities commission shall provide
assistance to
any big-eight school district eligible for
assistance under this section
in the following manner: (1) Notwithstanding section 3318.02 of the Revised
Code: (a) Not later than June 30,
2002, the commission shall
conduct an on-site visit and shall assess the
classroom facilities
needs of each big-eight school district eligible for
assistance
under this section;
(b) Beginning July 1, 2002, any big-eight school
district
eligible for assistance under this section may apply to the
commission for
conditional approval of its project as determined
by the assessment
conducted under division (B)(1)(a) of this
section.
The
commission may conditionally approve that project
and submit it to the
controlling board for approval pursuant to
section 3318.04 of the Revised Code.
(2) If the controlling board approves the project of a
big-eight
school district eligible for assistance under this
section, the
commission and the school district shall enter into
an agreement as
prescribed in section 3318.08 of the Revised Code.
Any
agreement
executed pursuant to this division shall include any
applicable
segmentation provisions as approved by the commission
under division
(B)(3) of this section.
(3) Notwithstanding any provision to the contrary in
sections
3318.05, 3318.06, and 3318.08 of the Revised Code, a
big-eight
school district eligible for assistance under this
section may with the
approval of the commission opt to divide the
project as approved under
division (B)(1)(b) of this section into
discrete
segments
to be completed sequentially. Any project
divided into segments shall comply
with all other provisions of
sections 3318.05, 3318.06, and 3318.08 of the Revised Code
except
as otherwise specified in this division. If a project is divided into segments under this division: (a) The school district need raise only the amount equal to
its
proportionate share, as determined under section 3318.032 of
the
Revised Code, of each segment at
any one time and may seek
voter approval of each segment separately; (b) The state's proportionate share, as determined under
section
3318.032 of the Revised Code, of only the segment which
has
been
approved by the school district electors or for which the
district has applied
a local donated contribution under section
3318.084 of the Revised
Code shall be encumbered at
any one time.
Encumbrance of additional amounts to cover the
state's
proportionate share of later segments shall be approved
separately
as they are approved by the school district electors or as the
district applies a local donated contribution to the segments
under section
3318.084 of the Revised Code. If the
state's share
of any one segment exceeds twenty-five million dollars,
encumbrance of that share is subject to the provisions of section
3318.11
of the Revised Code. (c) If it is necessary to levy the additional tax for
maintenance
under
division (B) of section
3318.05 of the Revised
Code with respect to any segment of
the project, the district may
utilize the provisions of section 3318.061 of
the Revised Code to
ensure that the maintenance tax extends
for
twenty-three
years
after the last segment of the project is undertaken.
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)(D) The commission may assess a fee of up to five hundred
dollars for each loan guaranteed under this section.
(F)(E) Not later than ninety days after
the effective date
of
this section
September 5, 2001, 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. 3327.01. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section and sections 3327.011
and, 3327.012, and 3327.02 of
the Revised
Code do not apply to any joint vocational or
cooperative
education school district. In all city, local, and exempted village school districts
where resident school pupils in grades kindergarten through eight
live more than two miles from the school for which the state
board
of education prescribes minimum standards pursuant to
division (D)
of section 3301.07 of the Revised Code and to which
they are
assigned by the board of education of the district of
residence or
to and from the nonpublic
or community school which they attend
the board of education shall provide transportation for such
pupils to and from such school except
when, in the judgment of
such board, confirmed by the state board of education, such
transportation is unnecessary or unreasonable
as provided in
section 3327.02 of the Revised Code. In all city, local, and exempted village school districts
the
board may provide transportation for resident school pupils
in
grades nine through twelve to and from the high school to
which
they are assigned by the board of education of the district
of
residence or to and from the
non-public
nonpublic or community
high school which they
attend for which the state board of
education prescribes minimum
standards pursuant to division (D) of
section 3301.07 of the
Revised Code. In determining the necessity for transportation,
availability
of facilities and distance to the school shall be
considered.
A board of education shall not be required to transport
elementary or high school pupils to and from a
non-public
nonpublic or community school
where such transportation would
require more than thirty minutes
of direct travel time as measured
by school bus from the
collection point as designated by the
coordinator of school
transportation, appointed under section
3327.011 of the Revised
Code, for the attendance area of the
district of residence. Where it is impractical to transport a pupil by school
conveyance, a board of education may
offer payment, in lieu of
providing such
transportation, pay a parent, guardian, or other
person in charge
of such child, an amount per pupil which shall in
no event exceed
the average transportation cost per pupil, such
average cost to
be
based on the cost of transportation of children
by all boards
of
education in this state during the next preceding
year
in accordance with section 3327.02 of the Revised Code. In all city, local, and exempted village school districts
the
board shall provide transportation for all children who are
so
crippled that they are unable to walk to and from the school
for
which the state board of education prescribes minimum
standards
pursuant to division (D) of section 3301.07 of the
Revised Code
and which they attend. In case of dispute whether
the child is
able to walk to and from the school, the health
commissioner shall
be the judge of such ability. In all city,
exempted village, and
local school districts the board shall
provide transportation to
and from school or special education
classes for educable mentally
retarded children in accordance
with standards adopted by the
state board of education. When transportation of pupils is provided the conveyance
shall be run on a time schedule that shall be adopted and put in
force by the board not later than ten days after the beginning of
the school term. The cost of any transportation service authorized by this
section shall be paid first out of federal funds, if any,
available for the purpose of pupil transportation, and secondly
out of state appropriations, in accordance with regulations
adopted by the state board of education. No transportation of any pupils shall be provided by any
board of education to or from any school which in the selection
of
pupils, faculty members, or employees, practices
discrimination
against any person on the grounds of race, color,
religion, or
national origin.
Sec. 3327.02. If the board of education of a local school
district deems the transportation, required under any law, of
certain children to school by school conveyances impracticable
and
if it is unable to secure a reasonable offer for the
transportation of such children the local board shall so report
to
the county board
(A) After considering each of the following
factors, the board of education of a city, exempted village, or
local school district may determine that it is impractical to
transport a pupil who is eligible for transportation to and from a
school under section 3327.01 of the Revised Code:
(1) The time and distance required to provide the
transportation;
(2) The number of pupils to be transported;
(3) The cost of providing transportation in terms of
equipment, maintenance, personnel, and administration;
(4) Whether similar or equivalent service is provided to
other pupils eligible for transportation;
(5) Whether and to what extent the additional service
unavoidably disrupts current transportation schedules;
(6) Whether other reimbursable types of transportation are
available.
(B)(1) Based on its consideration of the factors
established in division (A) of this section, the board may pass a
resolution declaring the impracticality of transportation. The
resolution shall include each pupil’s name and the reason for
impracticality.
(2) The board shall report its determination to the state
board of education in a manner determined by the state board.
(3) The board of education of a local school district
additionally shall submit the resolution for concurrence to the
educational service center that contains the local district's
territory. If the
county
educational service center governing
board
deems such
considers transportation by school conveyance
practicable
or the offers
reasonable, it shall so inform the local
board and transportation
shall be provided by such local board.
If
the
county
educational service center board
agrees with the
view
of the local board
it is compliance with
section 3327.01 of
the
Revised Code, by such local board if such
board agrees to pay
the
parent or other person in charge of the
child for the
transportation of such child to school at a rate
determined for
the particular case by, the local board
for each
day of actual
may
offer payment in lieu of transportation
as provided in this
section. The teachers in charge of such children shall keep an
accurate account of the days the children are transported to and
from school. A failure of a parent or guardian to arrange to have
his child transported to school, or
his failure to have the child
attend on the ground that the transportation is not supplied
cannot be pleaded as an excuse for the failure of such parent or
guardian to send such child to school or for the failure of the
child to attend school.
(C) After passing the resolution declaring the
impracticality of transportation, the district board shall offer
to provide payment in lieu of transportation by doing the
following:
(1) In accordance with guidelines established by the
department of education, informing the pupil's parent, guardian,
or other person in charge of the pupil of both of the following:
(a) The board's resolution;
(b) The right of the pupil's parent, guardian, or other
person in charge of the pupil to accept the offer of payment in
lieu of transportation or to reject the offer and instead request
the department to initiate mediation procedures.
(2) Issue the pupil's parent, guardian, or other person in
charge of the pupil a contract or other form on which the parent,
guardian, or other person in charge of the pupil is given the
option to accept or reject the board’s offer of payment in lieu of
transportation.
(D) If the parent, guardian, or other person in charge of
the pupil accepts the offer of payment in lieu of providing
transportation, the board shall pay the parent, guardian, or other
person in charge of the child an amount that shall be no less than
the amount determined by the department of education as the
minimum for payment in lieu of transportation, and no more than
the amount determined by the department as the average cost of
pupil transportation for the previous school year. Payment may be
prorated if the time period involved is only a part of the school
year.
(E)(1)(a) Upon the request of a parent, guardian, or other
person in charge of the pupil who rejected the payment in lieu of
transportation, the department shall conduct mediation procedures.
(b) If the mediation does not resolve the dispute, the
state board of education shall conduct a hearing in accordance
with Chapter 119. of the Revised Code. The state board may
approve the payment in lieu of transportation or may order the
board of education to provide transportation. The decision of the
state board is binding in subsequent years and on future parties
in interest provided the facts of the determination remain
comparable.
(2) The school district shall provide transportation for
the pupil from the time the parent, guardian, or other person in
charge of the pupil requests mediation until the matter is
resolved under division (E)(1)(a) or (b) of this section.
(F)(1) If the department determines that a school district
board has failed or is failing to provide transportation as
required by division (E)(2) of this section or as ordered by the
state board under division (E)(1)(b) of this section, the
department shall order the school district board to pay to the
pupil's parent, guardian, or other person in charge of the pupil,
an amount equal to the state average daily cost of transportation
as determined by the state board of education for the previous
year. The school district board shall make payments on a schedule
ordered by the department.
(2) If the department subsequently finds that a school
district board is not in compliance with an order issued under
division (F)(1) of this section and the affected pupils are
enrolled in a nonpublic or community school, the department shall
deduct the amount that the board is required to pay under that
order from any payments the department makes to the school
district board under division (D) of section 3317.022 of the
Revised Code. The department shall use the moneys so deducted to
make payments to the nonpublic or community school attended by the
pupil. The department shall continue to make the deductions and
payments required under this division until the school district
board either complies with the department’s order issued under
division (F)(1) of this section or begins providing
transportation.
(G) A nonpublic or community school that receives payments
from the department under division (F)(2) of this section shall do
either of the following:
(1) Disburse the entire amount of the payments to the
parent, guardian, or other person in control of the pupil affected
by the failure of the school district of residence to provide
transportation;
(2) Use the entire amount of the payments to provide
acceptable transportation for the affected pupil.
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.
Sec. 4117.101. Notwithstanding sections 4117.08 and 4117.10
of the Revised
Code, no agreement entered into under this chapter
may contain any provision
that in any way limits the effect or
operation of Chapter 3314. of the Revised
Code or limits the
authority of a school district board of education,
or the
governing board of an educational service center described in
division (C)(1)(e)(d) of section 3314.02
of the Revised Code, to
enter
into a contract with a community school under that chapter.
However, nothing
in this section shall be construed to prohibit an
agreement entered into
under this chapter from containing
requirements and procedures
governing the reassignment of teachers
who are employed in a
school at the time it is converted to a
community school
pursuant to Chapter 3314. of the Revised
Code and
who do not choose or are not chosen to teach in
that community
school.
Section 2. That existing sections 3313.375,
3313.534,
3314.011, 3314.013,
3314.02,
3314.03,
3314.06, 3314.07, 3314.072,
3314.08,
3314.09, 3314.091, 3314.11, 3314.13,
3317.03, 3318.38,
3318.50, 3327.01, 3327.02, 3365.08, and
4117.101, and section
3314.021
of the
Revised Code
are hereby
repealed.
Section 3. That Section 44.05 of Am. Sub. H.B. 94 of the
124th General Assembly be amended to read as follows: "
Sec. 44.05. VOCATIONAL EDUCATION MATCH The foregoing appropriation item 200-416, Vocational
Education Match, shall be used by the Department of Education to
provide vocational administration matching funds pursuant to 20
U.S.C. 2311. TECHNICAL SYSTEMS DEVELOPMENT The foregoing appropriation item 200-420, Technical Systems
Development, shall be used to support the development and
implementation of information technology solutions
designed to
improve the performance
and customer service of the Department of
Education. Funds may be used for personnel, maintenance, and
equipment costs related to the development and implementation of
these technical system projects.
Implementation of these systems
shall allow the department to
provide greater levels of assistance
to school districts and to provide more timely information
to the
public, including school districts, administrators, and
legislators. ALTERNATIVE EDUCATION PROGRAMS There is hereby created the Alternative Education
Advisory
Council, which shall consist of one representative
from each of
the following agencies: the Ohio Department of
Education; the
Department of Youth
Services; the Ohio Department of Alcohol
and
Drug Addiction Services; the
Department of Mental Health; the
Office of
the Governor or, at the Governor's discretion, the
Office of the Lieutenant Governor;
and the
Office of the Attorney
General; and, beginning January 1, 2003, the Office of the Auditor
of State. Of the foregoing appropriation item 200-421, Alternative
Education Programs, not less than $8,253,031 in each fiscal year
shall be used
for the renewal of successful implementation grants
and for
competitive matching grants to the 21 urban school
districts as
defined in division (O) of section 3317.02 of the
Revised Code as
it
existed prior to July 1, 1998, and not less
than $8,163,031 in each
fiscal
year shall be used for the renewal
of successful implementation of
grants and for competitive
matching grants to rural and suburban
school districts for
alternative educational programs for existing
and new
at-risk and
delinquent youth. Programs shall be focused
on youth in one or
more of the following categories: those who
have been expelled or
suspended,
those who have dropped out of
school or who are at risk
of dropping out of
school, those who are
habitually truant or
disruptive, or those on probation
or on
parole from a Department
of Youth Services
facility. Grants shall
be awarded according to
the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs where
the grant would not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education. The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school. Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $480,552 in each fiscal year may
be used
for program
administration, monitoring, technical assistance,
support,
research, and evaluation. Any unexpended balance may be
used to
provide
additional matching grants to urban, suburban, or
rural
school districts as
outlined above. Of the foregoing appropriation item 200-421, Alternative
Education Programs, $313,386 in each fiscal year shall be used to
contract with the Center for Learning Excellence at The Ohio State
University to provide technical support for the project and the
completion of formative and summative evaluation of the grants.
Of the foregoing appropriation item 200-421, Alternative
Education Programs, up to $700,000 in each fiscal year shall be
used to support Amer-I-Can. Of this set aside, no funds shall be
disbursed without approval of the Controlling Board. Amer-I-Can
programs shall submit to the Controlling Board a biennial spending
plan that delineates how these funds will be spent. Amer-I-can
programs also shall demonstrate to the Controlling Board that they
have hired an independent evaluator and have selected valid and
reliable instruments to assess pre and post changes in student
behavior. Of the foregoing appropriation item 200-421, Alternative
Education Programs, $75,000 in each fiscal year shall be used to
support the Turning Point Applied Learning Center. Of the foregoing appropriation item 200-421, Alternative
Education Programs, $15,000 in each fiscal year shall be used to
support the Bucyrus After School Enrichment Program. SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200-422, School
Management Assistance, $700,000 in fiscal year 2002 and $400,000
in fiscal year 2003 shall be used by the Auditor of State for
expenses incurred in the Auditor of State's role relating to
fiscal caution activities as defined in Chapter 3316. of the
Revised Code. Expenses include duties related to the completion of
performance audits for school districts that the Superintendent of
Public Instruction determines are employing fiscal practices or
experiencing budgetary conditions that could produce a state of
fiscal watch or fiscal emergency. The remainder of foregoing appropriation item 200-422, School
Management
Assistance, shall be used by the Department of
Education to
provide fiscal technical assistance and inservice
education for
school district management personnel
and to
administer, monitor,
and implement the fiscal watch and fiscal
emergency provisions
under Chapter 3316. of the Revised Code. The foregoing appropriation item 200-424, Policy Analysis,
shall be used by the Department of Education to support a
system
of administrative, statistical, and legislative education
information to be used for policy analysis. Staff supported by
this appropriation shall administer the development of reports,
analyses, and briefings to inform education policymakers of
current
trends in education practice, efficient and effective use
of
resources, and evaluation of programs to improve education
results. The database shall
be kept current at all times. These
research efforts shall be used to
supply information and analysis
of data to the General Assembly
and other state policymakers,
including the Office of Budget and
Management and the Legislative
Service
Commission. The Department of Education may use funding from this
appropriation
item to purchase or contract for the development of
software
systems or contract for policy studies that will assist
in
the provision and analysis of policy-related information.
Funding from this appropriation item also may be used to monitor
and enhance quality assurance for research-based policy analysis
and program evaluation to enhance the effective use of education
information to inform education policymakers.
The foregoing appropriation item 200-425, Tech Prep
Administration, shall be used by the Department of Education to
support state-level activities designed to support, promote, and
expand tech prep programs. Use of these funds shall include, but
not be limited to, administration of grants, program evaluation,
professional development, curriculum development, assessment
development, program promotion, communications, and statewide
coordination of tech prep consortia. OHIO EDUCATIONAL COMPUTER NETWORK The foregoing appropriation item 200-426, Ohio Educational
Computer Network, shall be used by the Department of Education to
maintain a system of information technology throughout Ohio and
to
provide technical assistance for such a system in support of
the
State Education Technology Plan pursuant to section 3301.07
of the
Revised Code. Of the foregoing appropriation item 200-426, Ohio Educational
Computer
Network, up to $20,571,198 in fiscal year 2002 and up to
$21,188,334 in fiscal year
2003 shall be used by the Department of
Education to support connection of
all public school buildings to
the state's education network, to each other, and to the Internet.
In each
fiscal year the Department of Education shall use these
funds to help
reimburse data acquisition sites or school districts
for the operational costs
associated with this connectivity. The
Department
of Education shall develop a formula and guidelines for
the distribution of
these funds to the data acquisition sites or
individual school districts. As used in this section,
"public
school building" means a school building of any city, local,
exempted village, or joint vocational school district, or any
community school established under Chapter 3314. of the Revised
Code, or any educational service center building used for
instructional purposes. Of the foregoing appropriation item 200-426, Ohio Educational
Computer Network, up to $2,043,938 in fiscal year 2002 and up to
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog
and InfOhio Network. The Department of Education shall use up
to $4,590,000 in
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to
assist designated
data acquisition sites with operational costs
associated with the increased
use
of the state's education network
by chartered nonpublic schools. The
Department of Education
shall
develop a formula and guidelines for
distribution of these funds
to designated data acquisition sites. The remainder in each fiscal year of appropriation item
200-426, Ohio Educational Computer Network, shall be used to
support development, maintenance, and operation of a network of
uniform and compatible computer-based information and
instructional systems. The technical assistance shall include, but
not be restricted to, development and maintenance of adequate
computer software systems to support network activities. Program
funds may be used, through a formula and guidelines devised by the
department, to subsidize the activities of not more than 24
designated data acquisition sites, as defined by State Board of
Education rules, to provide school districts and chartered
nonpublic schools with computer-based student and teacher
instructional and administrative information services, including
approved computerized financial accounting, and to ensure the
effective operation of local automated administrative and
instructional systems. To broaden the scope of the use of
technology for education, the department may use up to $250,000 in
each fiscal year to coordinate the activities of the computer
network with other agencies funded by the department or the state.
In order to improve the efficiency of network activities, the
department and data acquisition sites may jointly purchase
equipment, materials, and services from funds provided under this
appropriation for use by the network and, when considered
practical by the department, may utilize the services of
appropriate state purchasing agencies. The foregoing appropriation item 200-427, Academic Standards,
shall be used by the Department of Education to develop and
disseminate academic content standards. These funds shall be used
to develop academic content standards and curriculum models and to
fund communication of expectations to teachers, school districts,
parents, and communities."
Section 4. That existing Section 44.05 of Am. Sub. H.B. 94
of
the 124th General Assembly is hereby repealed.
Section 5. The Legislative Office of Education Oversight
shall conduct a study of the methodologies and statutory systems
used in other states to fund independent public charter schools
that are similar to the community schools established under
Chapter 3314. of the Revised Code and determine how those
methodologies and systems compare to those codified in Chapter
3314. of the Revised Code. The Office shall issue a written
report to the General Assembly not later than January 31, 2003.
Section 6. The State Board of Education shall continue to
sponsor any community school for which it has entered into a
contract at the time of the effective date of this section until
the earlier of the expiration of two school years or until
a new
sponsor, as described in division (C)(1) of section 3314.02
of the
Revised Code, as amended by this act, is secured by the
school's
governing authority. The State Board shall not
thereafter sponsor
any community school except as provided in
division (C) of section
3314.015 of the Revised Code. The State
Board may extend the term
of any existing contract with a
community school governing
authority only as necessary to accommodate the term of the Board's
authorization to sponsor the school as specified in this section. Any other entity who has contracted to sponsor a community
school on the effective date of this section shall continue to
sponsor such school in conformance with the contract and Chapter
3314. of the Revised Code, as amended by this act, except that
such sponsor need not be approved by the Department of Education
as otherwise provided by division (B) of section 3314.015 of the
Revised Code. In addition, such an entity may sponsor additional
new start-up schools in accordance with the provisions of division
(C)(1) of section 3314.02 of the Revised Code, as amended by this
act, without the approval of the Department of Education provided
that the entity complies with all other provisions of Chapter
3314. of
the Revised Code, as amended by this act.
Section 7. Not later than ninety days after the effective
date of this section, the Department of Education shall adopt
rules for the
procedures, criteria, and deadlines for the
approval, oversight, and revocation of approval of sponsors
of new
start-up community schools and for entering into written
agreements with sponsors as provided
for under section
3314.015 of
the Revised Code. The rules may require
sponsors to respond in a
timely manner to reasonable requests from
the Department for
information, data, and documents. In
developing the rules, the
Department shall consult with the other
entities that on the
effective date of this section have existing
contracts to sponsor
community schools.
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