The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 66 As Reported by the House Education CommitteeAs Reported by the House Education Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors: Representatives Setzer, Peterson, McGregor, J., Daniels, Evans, Seitz, McGregor, R., Flowers, Hottinger, Stebelton, Aslanides, Webster, Reinhard, Schlichter, Patton, Widowfield, Adams
A BILL
To amend sections 2151.011, 3313.48, 3313.533, 3313.62, 3317.01, and 3317.029; to enact new section 3313.481; and to repeal sections 3313.481 and 3313.482 of the Revised Code to establish a minimum school year for school districts and chartered nonpublic schools based on hours, rather than days, of instruction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.011, 3313.48, 3313.533, 3313.62, 3317.01, and 3317.029 be amended and new section 3313.481 of the Revised Code be enacted to read as follows:
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction
under this chapter and Chapter
2152. of the Revised
Code:
(a) The division of the court of
common pleas specified in
section 2101.022 or 2301.03 of the
Revised Code as
having
jurisdiction under this chapter and Chapter 2152. of the
Revised
Code or as being the
juvenile division or the juvenile division
combined with one or more
other divisions;
(b) The juvenile court of Cuyahoga county or
Hamilton county
that is separately and independently created
by section 2151.08
or Chapter 2153. of the
Revised Code and that has jurisdiction
under this
chapter and Chapter 2152. of the Revised
Code;
(c) If division (A)(1)(a) or
(b) of this section does not
apply,
the probate division of the court of common pleas.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association,
as
defined in section 5103.02 of the Revised Code, that is
certified
under section 5103.03
of the Revised Code
to accept temporary,
permanent, or legal custody of children
and place the children for
either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary
or
permanent
legal custody of children, that is privately operated in
this
state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in
certified
foster homes;
(c) Provides adoption services in conjunction with a
public
children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs.
(2) "Adult" means an individual who is eighteen years of age
or
older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that
transfers the temporary custody of a child to a
public children
services agency or a private child placing
agency.
(4) "Certified foster home" means a foster home,
as defined
in section 5103.02 of the Revised Code,
certified under
section
5103.03 of the Revised Code.
(5) "Child" means a person who is under
eighteen years of
age, except
that the juvenile court has jurisdiction over any
person who
is adjudicated an unruly child prior to
attaining
eighteen years
of age until the person attains twenty-one years
of
age, and, for
purposes of that jurisdiction related to that
adjudication, a
person who is so
adjudicated an unruly
child
shall
be deemed a
"child" until the person attains
twenty-one
years of
age.
(6) "Child day camp," "child care," "child day-care
center,"
"part-time
child day-care center," "type A family
day-care home," "certified
type B family day-care home," "type B
home," "administrator
of a
child day-care center," "administrator
of a type A family
day-care home," "in-home aide," and "authorized
provider" have
the same meanings as in section 5104.01 of the
Revised Code.
(7) "Child care provider" means an individual who is
a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care
home, or an in-home aide or an individual who is
licensed, is
regulated, is approved, operates under the direction
of, or
otherwise is certified by the department of job and
family
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of
education.
(8) "Chronic truant" has the same
meaning as in section
2152.02 of the Revised Code.
(9) "Commit" means to vest custody as ordered by the
court.
(10) "Counseling" includes both of the following:
(a) General counseling services performed
by a public
children services agency or shelter
for victims of domestic
violence to assist a child, a child's
parents, and a child's
siblings in alleviating identified problems
that may
cause or have
caused the child to be an abused, neglected, or
dependent child.
(b) Psychiatric or
psychological therapeutic counseling
services
provided to correct or alleviate any mental or
emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of
the Revised Code
to engage in social work or professional
counseling.
(11) "Custodian" means a person who has legal custody
of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(12) "Delinquent child" has the same meaning as in
section
2152.02 of the Revised Code.
(13) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court
order, in a
public or private facility designed to physically
restrict the movement and
activities of children.
(14) "Developmental disability" has the same meaning
as in
section 5123.01 of the Revised Code.
(15) "Foster caregiver" has the
same meaning as in section
5103.02 of the
Revised Code.
(16) "Guardian" means a person, association, or
corporation
that is granted authority by a probate court pursuant
to Chapter
2111. of the Revised Code to exercise parental rights
over a child
to the extent provided in the court's order and
subject to the
residual parental rights of the child's parents.
(17) "Habitual truant" means any child of compulsory
school
age
who is absent without legitimate excuse for absence from the
public school the
child
is supposed to attend for five or more
consecutive school days,
seven or more school days in one school
month, or twelve or more
school days in a school year.
(18) "Juvenile traffic offender" has the same
meaning as in
section 2152.02 of the Revised Code.
(19) "Legal custody" means a legal status that
vests in
the
custodian the right to have physical care and control of the
child
and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(20) A "legitimate excuse for absence from the public
school
the
child is supposed to attend" includes, but is not limited to,
any of the
following:
(a) The fact that the child in question has enrolled in and
is
attending another public or nonpublic school in this or another
state;
(b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04
of the Revised Code;
(c) The fact that the child in question has received an age
and
schooling certificate in accordance with section 3331.01 of
the
Revised Code.
(21) "Mental illness" and "mentally ill person
subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(22) "Mental injury" means any behavioral,
cognitive,
emotional, or mental disorder in a child caused by an act or
omission that
is described in section 2919.22 of the Revised Code
and is
committed by the parent or other person
responsible for the
child's care.
(23) "Mentally retarded person" has the same
meaning as
in
section 5123.01 of the Revised Code.
(24) "Nonsecure care, supervision, or training"
means
care,
supervision, or training of a child in a facility that does
not
confine or prevent movement of the child within the facility
or
from the facility.
(25) "Of compulsory school age" has the same meaning as
in
section 3321.01 of the Revised Code.
(26) "Organization" means any institution,
public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere.
(27) "Out-of-home care" means detention
facilities,
shelter
facilities, certified children's crisis care facilities, certified foster homes,
placement in a prospective
adoptive home prior to the issuance of
a final decree of adoption,
organizations, certified
organizations, child day-care centers,
type A family day-care
homes, child care provided by type B
family day-care home
providers and by in-home aides, group home
providers, group
homes, institutions, state institutions,
residential facilities,
residential care facilities, residential
camps, day camps, public schools, chartered nonpublic schools, educational service centers,
hospitals, and medical clinics that are
responsible for the care,
physical custody, or control of
children.
(28) "Out-of-home care child abuse" means any of
the
following when committed by a person responsible for the care of
a
child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause
injury
or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(29) "Out-of-home care child neglect" means any
of the
following when committed by a person responsible for the care of
a
child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or
physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed
the
drug all unfavorable or dangerous side effects from the use
of the
drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all
prescription
and nonprescription medication;
(g) Isolation of a child for a period of time when there
is
substantial risk that the isolation, if continued, will impair
or
retard the mental health or physical well-being of the child.
(30) "Permanent custody" means a legal status
that vests
in
a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and
obligations, including all residual rights and obligations.
(31) "Permanent surrender" means the act of
the
parents
or,
if a child has only one parent, of the parent of a child, by
a
voluntary agreement authorized by section 5103.15
of the Revised
Code, to transfer the permanent custody of the child to a
public
children services agency or a private child placing
agency.
(32) "Person" means an individual, association, corporation, or partnership and the state or any of its political subdivisions, departments, or agencies.
(33) "Person responsible for a child's care in
out-of-home
care" means any of the following:
(a) Any foster caregiver, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; certified children's crisis care facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp;
day camp; school district; community school; chartered nonpublic school; educational service center; hospital; or medical clinic;
(c) Any person who supervises or coaches children as part of an extracurricular activity sponsored by a school district, public school, or chartered nonpublic school;
(d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(34) "Physically impaired" means having one or
more of
the
following conditions that substantially limit one or more of
an
individual's major life activities, including self-care,
receptive
and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease,
rheumatic
fever or any other similar chronic or acute health
problem, or
amputation or another similar cause.
(35) "Placement for adoption" means the
arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(36) "Placement in foster care" means the
arrangement by a
public children services agency or a private child placing
agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(37) "Planned permanent living arrangement"
means an order
of a
juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public
children
services agency or a private child placing agency without
the termination of
parental rights.
(b) The order permits the agency to make an appropriate
placement
of
the child and to enter into a written
agreement with
a foster care provider or with another person or agency with
whom
the child is placed.
(38) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the
Revised Code.
(39) "Sanction, service, or condition"
means a sanction,
service, or condition created by
court
order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section
2152.19 of the Revised Code.
(40) "Protective supervision" means an order of
disposition
pursuant to which the court permits an abused,
neglected,
dependent, or unruly child to remain in the custody of the
child's parents,
guardian, or custodian and stay in the child's
home, subject to any
conditions and limitations upon the child,
the
child's parents,
guardian,
or custodian, or any other person
that the court prescribes,
including supervision as directed by
the court for the protection
of the child.
(41) "Psychiatrist" has the same meaning as in
section
5122.01 of the Revised Code.
(42) "Psychologist" has the same meaning as in
section
4732.01 of the Revised Code.
(43) "Residential camp" means a program in which
the
care,
physical
custody, or control of
children is accepted overnight for
recreational or recreational and
educational purposes.
(44) "Residential care facility" means an
institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(45) "Residential facility" means a home or
facility that
is
licensed by the department of mental retardation and
developmental
disabilities under section 5123.19 of the Revised Code
and in
which a child with a developmental disability
resides.
(46) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(47) "School day" means the school day established by
the
state
board of education of the applicable school district pursuant to section 3313.48 3313.481 of the
Revised
Code.
(48) "School month" and "school year" have has the same
meanings meaning
as in
section 3313.62 of the Revised Code.
(49) "Secure correctional facility" means a
facility
under
the direction of the department of youth services that is designed
to
physically restrict the movement and activities of children and
used for the
placement of children after adjudication and
disposition.
(50) "Sexual activity" has the same meaning as in
section
2907.01 of the Revised Code.
(51) "Shelter" means the temporary care of
children in
physically unrestricted facilities pending court adjudication or
disposition.
(52) "Shelter for victims of domestic violence"
has the
same
meaning as in section 3113.33 of the Revised Code.
(53) "Temporary custody" means legal custody of a
child
who
is removed from the child's home, which custody may be
terminated
at
any time at the discretion of the court or, if the legal
custody
is granted in an agreement for temporary custody, by the
person
who executed the agreement.
(C) For the purposes of this chapter, a child shall be
presumed
abandoned when the parents of the child have failed to
visit or maintain
contact with the child for more than ninety
days, regardless of whether the
parents resume contact with the
child after that period of
ninety days.
Sec. 3313.48. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall provide for the free education of the youth of school age
within the district under its jurisdiction, at such places as
will be most convenient for the attendance of the largest number
thereof. Except as provided in section 3313.481 of the Revised
Code, each Each school so provided and each chartered nonpublic school shall be open for instruction with
pupils in attendance, including scheduled classes, supervised activities, and approved education options but excluding lunch and breakfast periods and extracurricular activities, for not less than one hundred eighty-two
days four hundred fifty-five hours in the case of pupils in kindergarten unless such pupils are provided all-day kindergarten, as defined in section 3317.029 of the Revised Code, in which case the pupils shall be in attendance for nine hundred ten hours; nine hundred ten hours in the case of pupils in grades one through six; and one thousand one hours in the case of pupils in grades seven through twelve in each school year, which may include all of the following:
(A)(1) Up to four school days ten hours per year in which classes are
dismissed one-half day early or the equivalent amount of time
during a different number of days in grades kindergarten through six and up to eleven hours per year in grades seven through twelve during which pupils would otherwise be in attendance but are not required to attend for the purpose of
individualized parent-teacher conferences and reporting periods;
(B)(2) Up to two days ten hours per year during which pupils would otherwise be in attendance but are not required to attend for professional meetings of teachers
when such days occur during a regular school week and schools are
not in session of grades kindergarten through six, and up to eleven hours per year for such meetings of teachers of grades seven through twelve;
(C) The number of days the school is closed as a result of
public calamity, as provided in section 3317.01 of the Revised
Code (3) Morning and afternoon recess periods of not more than fifteen minutes duration per period for pupils in grades kindergarten through six.
The state board of education shall adopt standards for
defining "school day" as used in sections 3313.48 and 3317.01 of
the Revised Code.
Except as otherwise provided in this section, each day for
grades seven through twelve shall consist of not less than five
clock hours with pupils in attendance, except in such emergency
situations, including lack of classroom space, as are approved by
the state board of education. Except as otherwise provided in
this section, each day for grades one through six shall consist
of not less than five clock hours with pupils in attendance which
may include fifteen minute morning and afternoon recess periods,
except in such emergency situations, including lack of classroom
space, as are approved by the state board of education.
(B) In addition to meeting the applicable minimum hours of instruction in a school year specified in division (A) of this section, each school operated by a city, exempted village, local, or joint vocational school district shall comply with the following:
(1) The school shall be open for instruction for not less than thirty-six weeks in a school year;
(2) The school shall be open for instruction for not less than the number of hours the school was open for instruction during the school year that ended June 30, 2007;
(3) The school shall not be closed for more than one hundred consecutive calendar days.
(C) No school operated by a city, exempted village, local, or joint vocational school district shall reduce the number of hours in each school year that the school is scheduled to be open for instruction from the number of hours per year the school was open for instruction during the previous school year unless the reduction is approved by a resolution adopted by the district board of education. Any reduction so approved shall not result in fewer hours of instruction per school year than the applicable number of hours required under divisions (A) and (B) of this section.
(D) Prior to making any change in the hours or days in which a high school under its jurisdiction is open for instruction, the board of education of each city, exempted village, and local school district shall consider the compatibility of the proposed change with the scheduling needs of any joint vocational school district in which any of the high school's students are also enrolled. The board shall consider the impact of the proposed change on student access to the instructional programs offered by the joint vocational school district, incentives for students to participate in vocational education, transportation, and the timing of graduation. The board shall provide the joint vocational school district board with advance notice of the proposed change and the two boards shall enter into a written agreement prescribing reasonable accommodations to meet the scheduling needs of the joint vocational school district prior to implementation of the change.
(E) Prior to making any change in the hours or days in which the schools under its jurisdiction are open for instruction, the board of education of each city, exempted village, and local school district shall consult with the chartered nonpublic schools and community schools, established under Chapter 3314. of the Revised Code, to which the district is required to transport students under section 3314.09 or 3327.01 of the Revised Code and shall consider the effect of the proposed change on the schedule for transportation of those students to their nonpublic or community schools.
Sec. 3313.481. Wherever in Title XXXIII of the Revised Code
the term "school day" is used, unless otherwise specified, that
term shall be construed to mean the time during a calendar day that a school is open for instruction pursuant to the schedule
adopted by the board of education of the school district or the governing authority of the chartered nonpublic school in
accordance with section 3313.48 of the Revised Code.
Sec. 3313.533. (A) The board of education of a city,
exempted
village, or local school district may adopt a resolution
to establish and
maintain an alternative school in accordance with
this section. The
resolution shall specify, but not necessarily
be limited to, all of the
following:
(1) The purpose of the school, which
purpose shall be to
serve students who are on suspension, who are having
truancy
problems, who are experiencing academic failure, who have a
history of
class disruption, who are exhibiting other academic
or behavioral problems
specified in the resolution, or who have been discharged or released from the custody of the department of youth services under section 5139.51 of the Revised Code;
(2) The grades served by the school,
which may include any
of grades kindergarten through twelve;
(3) A requirement that the school be operated in accordance
with this
section. The board of education adopting the resolution
under division
(A)
of this section shall be the governing board of
the alternative school. The
board shall develop and implement a
plan for the school in accordance with the
resolution establishing
the school and in accordance with this section.
Each plan shall
include, but not necessarily be limited to, all of the
following:
(a) Specification of the reasons for which students will be
accepted for
assignment to the school and any criteria for
admission that are to be used by
the board to approve or
disapprove the assignment of
students to the school;
(b) Specification of the criteria and procedures that will
be
used for returning students who have been assigned to the
school back to the
regular education program of the district;
(c) An evaluation plan for assessing the effectiveness of
the
school and
its educational program and reporting the results
of the evaluation to the
public.
(B) Notwithstanding any
provision of
Title XXXIII of the
Revised Code to the
contrary, the alternative school plan may
include any of the
following:
(1) A requirement that on each school day students must
attend school or
participate in other
programs specified in the
plan or by the chief administrative officer of the
school for a
period equal to the minimum school day set by the state board of
education under section 3313.48 of the Revised Code plus any
additional time
required in the
plan or by the chief
administrative officer;
(2) Restrictions on student participation in
extracurricular
or interscholastic activities;
(3) A requirement that students wear uniforms prescribed by
the
district board of education.
(C) In accordance with the alternative school plan, the
district
board of education may employ teachers and nonteaching
employees necessary to
carry out its duties and fulfill its
responsibilities
or may contract with a nonprofit or for profit
entity to operate the alternative school, including the provision
of personnel, supplies, equipment, or facilities.
(D) An alternative school may be
established in all or part
of a school building.
(E) If a district board
of education elects under this
section, or is required by
section 3313.534 of the Revised
Code,
to establish an
alternative school, the district board may join
with the
board of education of one or more other districts to form
a
joint alternative school by forming a cooperative education
school district under section 3311.52 or 3311.521 of the
Revised
Code, or a joint educational
program under section 3313.842 of the
Revised
Code.
The authority to employ personnel or to contract
with a nonprofit or for profit entity under division (C) of this
section applies to any alternative school program established
under this division.
(F) Any individual employed as a teacher at an alternative
school
operated by a nonprofit or for profit entity under this
section
shall be licensed and shall be subject to background
checks, as
described in section 3319.39 of the Revised Code, in
the same
manner as an individual employed by a school district.
(G) Division (G) of this section applies only to any
alternative school that is operated by a nonprofit or for profit
entity under contract with the school district.
(1) In addition to the specifications authorized under
division (B) of this section, any plan adopted under that division
for an alternative school to which division (G) of this section
also applies shall include the following:
(a) A description of the educational program provided at
the
alternative school, which shall include:
(i) Provisions for the school to be configured in clusters
or small learning communities;
(ii) Provisions for the incorporation of education
technology into the curriculum;
(iii) Provisions for accelerated learning programs in
reading and mathematics.
(b) A method to determine the reading and mathematics level
of each student assigned to the alternative school and a method to
continuously monitor each student's progress in those areas. The
methods employed under this division shall be aligned with the
curriculum adopted by the school district board of education under
section 3313.60 of the Revised Code.
(c) A plan for social services to be provided at the
alternative school, such as, but not limited to, counseling
services, psychological support services, and enrichment programs;
(d) A plan for a student's transition from the alternative
school back to a school operated by the school district;
(e) A requirement that the alternative school maintain
financial records in a manner that is compatible with the form
prescribed for
school districts by the auditor of state to enable
the district to comply with any rules adopted by the auditor of
state.
(2) Notwithstanding division (A)(2) of this section, any
alternative school to which division (G) of this section applies
shall include only grades six through twelve.
(3) Notwithstanding anything in division (A)(3)(a) of this
section to the contrary, the characteristics of students who may
be assigned to an alternative school to which division (G) of this
section applies shall include only disruptive and low-performing
students.
(H) When any district board of education determines to
contract with a nonprofit or for profit entity to operate an
alternative school under this section, the board shall use the
procedure set forth in this division.
(1) The board shall publish notice of a request for proposals
in a newspaper of general circulation in the district once each
week for a period of at least two consecutive weeks prior to the
date specified by the board for receiving proposals. Notices of
requests for proposals shall contain a general description of the
subject of the proposed contract and the location where the
request for proposals may be obtained. The request for proposals
shall include all of the following information:
(a) Instructions and information to respondents concerning
the submission of proposals, including the name and address of the
office where proposals are to be submitted;
(b) Instructions regarding communications, including at least
the names, titles, and telephone numbers of persons to whom
questions concerning a proposal may be directed;
(c) A description of the performance criteria that will be
used to evaluate whether a respondent to which a contract is
awarded is meeting the district's educational standards or the
method by which such performance criteria will be determined;
(d) Factors and criteria to be considered in evaluating
proposals, the relative importance of each factor or criterion,
and a description of the evaluation procedures to be followed;
(e) Any terms or conditions of the proposed contract,
including any requirement for a bond and the amount of such bond;
(f) Documents that may be incorporated by reference into the
request for proposals, provided that the request for proposals
specifies where such documents may be obtained and that such
documents are readily available to all interested parties.
(2) After the date specified for receiving proposals, the
board shall evaluate the submitted proposals and may hold
discussions with any respondent to ensure a complete understanding
of the proposal and the qualifications of such respondent to
execute the proposed contract. Such qualifications shall include,
but are not limited to, all of the following:
(a) Demonstrated competence in performance of the required
services as indicated by effective implementation of educational
programs in reading and mathematics and at least three years of
experience successfully serving a student population similar to
the student population assigned to the alternative school;
(b) Demonstrated performance in the areas of cost
containment, the provision of educational services of a high
quality, and any other areas determined by the board;
(c) Whether the respondent has the resources to undertake the
operation of the alternative school and to provide qualified
personnel to staff the school;
(d) Financial responsibility.
(3) The board shall select for further review at least three
proposals from respondents the board considers qualified to
operate the alternative school in the best interests of the
students and the district. If fewer than three proposals are
submitted, the board shall select each proposal submitted. The
board may cancel a request for proposals or reject all proposals
at any time prior to the execution of a contract.
The board may hold discussions with any of the three selected
respondents to clarify or revise the provisions of a proposal or
the proposed contract to ensure complete understanding between the
board and the respondent of the terms under which a contract will
be entered. Respondents shall be accorded fair and equal
treatment with respect to any opportunity for discussion regarding
clarifications or revisions. The board may terminate or
discontinue any further discussion with a respondent upon written
notice.
(4) Upon further review of the three proposals selected by
the board, the board shall award a contract to the respondent the
board considers to have the most merit, taking into consideration
the scope, complexity, and nature of the services to be performed
by the respondent under the contract.
(5) Except as provided in division (H)(6) of this section,
the request for proposals, submitted proposals, and related
documents shall become public records under section 149.43 of the
Revised Code after the award of the contract.
(6) Any respondent may request in writing that the board not
disclose confidential or proprietary information or trade secrets
contained in the proposal submitted by the respondent to the
board. Any such request shall be accompanied by an offer of
indemnification from the respondent to the board. The board shall
determine whether to agree to the request and shall inform the
respondent in writing of its decision. If the board agrees to
nondisclosure of specified information in a proposal, such
information shall not become a public record under section 149.43
of the Revised Code. If the respondent withdraws its proposal at
any time prior to the execution of a contract, the proposal shall
not be a public record under section 149.43 of the Revised Code.
(I)
Upon a recommendation from the department and in
accordance with section 3301.16 of the Revised Code, the state
board of education may revoke the charter of any alternative
school operated by a school district that violates this section.
Sec. 3313.62. The school year shall begin on the first day
of July of each
calendar year and close on the thirtieth day of
June of the succeeding
calendar year.
A For a school operated by the board of education of a school district, a school week shall consist
of five days, and a school month
of four school weeks for a chartered nonpublic school, a school week shall consist of up to five days. A school week may on occasion consist of more than five days only if necessary to make up hours of instruction a school was scheduled to be open but was closed due to hazardous weather or other emergency conditions.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as possible after such amounts are calculated, the superintendent shall certify to the treasurer of each school district the district's adjusted charge-off increase, as defined in section 5705.211 of the Revised Code. No moneys
shall be distributed pursuant to this chapter without the
approval
of the controlling board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nonhandicapped students, utilizing
the determination in
section 3317.012 of the Revised Code. In addition, the
department
shall
calculate and report separately for each school district the
district's total
state and local funds for providing an adequate
education for its handicapped
students, utilizing the
determinations in both sections 3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year.
Until fiscal year 2007, payments made during the first six months of
the
fiscal year may be based on an estimate of the amounts
payable for
the entire year. Payments made in the last six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent.
Beginning in fiscal year 2007, payments shall be calculated to reflect the biannual reporting of average daily membership. In fiscal year 2007 and in each fiscal year thereafter, annualized periodic payments for each school district shall be based on the district's student counts certified pursuant to section 3317.03 of the Revised Code as follows:
the sum of one-half of the number of students reported
for the first full week in October plus one-half of the
average of the numbers reported for the first full week
in October and for the first full week in February
Except as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income tax levies
under Chapter 5748. of the Revised Code, limited
to or to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days sixteen and one-half hours
or only
a portion of the kindergarten students were in attendance
for up
to three days fifteen hours, in the case of students attending all-day kindergarten, and seven and one-half hours, in the case of students attending half-day kindergarten, in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.029. (A) As used in this section:
(1)
"Poverty percentage" means the quotient
obtained by
dividing
the five-year average number of children
ages
five to
seventeen
residing in the school district and
living in a
family
receiving
assistance
under the Ohio works first
program or
an antecedent program known as TANF or ADC, as
certified or
adjusted
under
section 3317.10
of the Revised Code,
by the
district's
three-year
average formula
ADM.
(2)
"Statewide
poverty percentage" means the five-year
average
of the total number of
children ages five to seventeen
years
residing in the state and
receiving
assistance
under
the
Ohio works first program or an antecedent program known as
TANF or
ADC, divided by
the
sum of the three-year average formula
ADMs
for
all school
districts in the state.
(3)
"Poverty index"
means the quotient obtained by dividing the
school district's poverty percentage
by the statewide
poverty percentage.
(4) "Poverty student count" means the
five-year
average number of children ages five to seventeen
residing in the
school district and living in a family receiving
assistance under
the Ohio works first program or an antecedent
program known as
TANF or ADC, as certified under section 3317.10
of the Revised
Code.
(5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten, excluding any kindergarten students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(6)
"Kindergarten through third grade
ADM" means the
amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three.
"Kindergarten through third grade ADM" shall not include any students reported under division (B)(3)(e), (f), or (g) of section 3317.03 of the Revised Code.
(7)
"All-day kindergarten" means a
kindergarten class
that
is
in session five days per week for not
less than the same
number
of
clock hours each day week as for pupils
in grades one through
six.
(8)
"All-day kindergarten percentage" means the
percentage
of
a
district's actual total number of students
enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(9)
"Buildings with the highest concentration of need"
means
the school
buildings in a district with percentages of
students
in grades
kindergarten
through three
receiving
assistance under Ohio works
first
at least as high as the
district-wide percentage of
students
receiving
such
assistance.
If, in any fiscal year, the
information
provided by the
department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the
Ohio works first percentage in each building,
"buildings with
the
highest concentration of need" has the
meaning
given in rules
that
the department of education shall
adopt. The
rules shall
base the
definition of
"buildings with
the highest
concentration
of need"
on family income of students in
grades
kindergarten
through three
in a manner that, to the extent
possible
with
available data,
approximates the intent of this
division
and
division (K) of this
section to designate buildings
where the
Ohio works first
percentage in those grades equals or
exceeds the
district-wide
Ohio works first percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code,
the department of education shall compute and distribute to each school district for poverty-based assistance the greater of the following:
(1) The amount the
district received in fiscal
year 2005 for disadvantaged pupil impact aid pursuant to Section 41.10 of Am. Sub. H.B. 95 of the 125th general assembly, as amended, minus the amount deducted from the district under Section 16 of Am. Sub. S.B. 2 of the 125th general assembly that year for payments to internet- and computer-based community schools;
(2) The sum of the
computations made under divisions (C) to (I) of
this section.
(C) A payment for academic intervention
programs,
if the district's poverty index is greater than or equal to 0.25, calculated as follows:
(1) If the district's poverty index is greater than or equal to 0.25, calculate the district's level one amount for large-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.25 but less than 0.75: large-group intervention units X hourly rate X
level one hours X [(poverty index – 0.25)/0.5]
X phase-in percentage
(i) "Large-group intervention units" equals the district's formula ADM divided by 20;
(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and $20.40 in fiscal year 2007;
(iii) "Level one hours" equals 25 hours;
(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 and 1.00 in fiscal year 2007.
(b) If the district's poverty index is greater than or equal to 0.75: large-group intervention units X hourly rate X level one hours
X phase-in percentage
Where "large-group intervention units," "hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(2) If the district's poverty index is greater than or equal to 0.75, calculate the district's level two amount for medium-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.75 but less than 1.50: medium-group intervention units X hourly rate X
{level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}X phase-in percentage
(i) "Medium group intervention units" equals the district's formula ADM divided by 15;
(ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(b) If the district's poverty index is greater than or equal to 1.50: medium-group intervention units X hourly rate X level two hours X phase-in percentage
(i) "Medium group intervention units" has the same meaning as in division (C)(2)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level two hours" equals 50 hours.
(3) If the district's poverty index is greater than or equal to 1.50, calculate the district's level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district's poverty index is greater than or equal to 1.50 but less than 2.50: small group intervention units X hourly rate X
{level one hours + [level three hours X (poverty index – 1.50)]} X phase-in percentage
(i) "Small group intervention units" equals the quotient of (the district's poverty student count times 3) divided by 10;
(ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 135 hours.
(b) If the district's poverty index is greater than or equal to 2.50: small group intervention units X hourly rate X level three hours X phase-in percentage
(i) "Small group intervention units" has the same meaning as in division (C)(3)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 160 hours.
Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the
poverty index of
the school district is greater
than or equal to
1.0 or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district's poverty index. The department shall calculate the payment under this division by
multiplying the all-day
kindergarten percentage
by the
kindergarten ADM and multiplying
that product by the formula
amount.
(E) A class-size
reduction payment based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
poverty index of the school
district as follows:
(a) If the
poverty index of the school district is less than
1.0, the
formula number of teachers is 50.0, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty to one;
(b) If the poverty index of the school
district is greater than
or equal to 1.0, but less than
1.5, the
formula number of teachers is calculated as
follows: 50.0 + {[(poverty index – 1.0)/0.5] X 16.667}
Where 50.0 is the number of teachers per one thousand
students at a student-teacher ratio of twenty to one;
0.5 is
the interval from a
poverty index of 1.0 to a
poverty index of
1.5; and 16.667 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty to
one.
(c) If the
poverty index of the school district is greater than
or equal to
1.5, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
50.0, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty to one, and divide that
product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers compensation. For this purpose, the "statewide average teacher compensation" is $53,680 in fiscal year 2006 and $54,941 in fiscal year 2007, which includes an amount for the value of fringe benefits.
(F) A payment for services to limited English proficient students, if the district's poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows: {0.125 + [0.125 X ((poverty index - 1.0)/0.75)]} X formula amount
(2) If the district's poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals: 0.25 X formula amount
(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district's limited English proficient students, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district's percentage of limited English proficient students for its school district report card issued in 2003 for the 2002-2003 school year.
Not later than December 31, 2006, the department of education shall recommend to the general assembly and the director of budget and management a method of identifying the number of limited English proficient students for purposes of calculating payments under this division after fiscal year 2007.
(G) A payment for professional development of teachers, if the district's poverty index is greater than or equal to 1.0, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows: [(poverty index – 1.0)/0.75] X 0.045 X formula amount
(2) If the district's poverty index is greater than or equal to 1.75, the amount per teacher equals: 0.045 X formula amount
(3) Determine the number of teachers, as follows: (formula ADM/17)
(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows: 0.005 X formula amount X poverty indexX formula ADM X phase-in percentage
Where "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows: 0.005 X formula amount X poverty index X formula ADM X phase-in percentage
Where "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(J) This division applies only to school districts whose
poverty index is 1.0 or greater.
(1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage. To satisfy this requirement, a district may use funds paid under division (C), (F), (G), (H), or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section.
(2) Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (F) of this section for one or more of the following purposes:
(a) To hire teachers for limited English proficient students or other personnel to provide intervention services for those students;
(b) To contract for intervention services for those students;
(c) To provide other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code.
(3) Except as permitted under division (J)(1) of this section, each school district shall use its payment under division (G) of this section for professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) Job-embedded professional development activities that are research-based, as defined in federal law.
In addition, each district shall use the payment only to implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under division (G) of this section. However, a district may apply to the department for a waiver to implement an alternative professional development program in one or more of the areas specified in divisions (J)(3)(a) to (c) of this section. If the department grants the waiver, the district may use its payment under division (G) of this section to implement the alternative program.
(4) Except as permitted under division (J)(1) of this section, each big eight school district shall use its payment under division (H) of this section either for preventing at-risk students from dropping out of school, for safety and security measures described in division (J)(5)(b) of this section, for academic intervention services described in division (J)(6) of this section, or for a combination of those purposes. Not later than September 1, 2005, the department of education shall provide each big eight school district with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under division (H) of this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department's list. However, a district may apply to the department for a waiver to implement an alternative dropout prevention program. If the department grants the waiver, the district may use its payment under division (H) of this section to implement the alternative program.
(5) Except as permitted under division (J)(1) of this section, each urban school district that has a poverty index greater than or equal to 1.0 shall use its payment under division (I) of this section for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(6) Except as permitted under division (J)(1) of this section, each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section, and may use any amount of its payment under division (H) or (I) of this section, for academic intervention services for students who have
failed or are in
danger of failing any of the tests
administered
pursuant to
section 3301.0710 of the Revised Code, including intervention services required by section
3313.608 of the Revised Code. Except as permitted under division (J)(1) of this section, no district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after June 30, 2005, shall require use of the payment for any other purpose.
(7) Except as otherwise required by division (K) or
permitted under division (O) of this section,
all remaining funds
distributed under this section to districts with a poverty index greater than or equal to 1.0 shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals issued a permit or license under
section
3319.088 of the Revised Code;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(K) Each district
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(J)(7) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(L)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its
all-day kindergarten percentage.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code, shall
determine for each school district subject to division (J) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (K) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education.
(M)(1) Each school district with a poverty index less than
1.0 that receives a payment under division (D) of this section shall first utilize funds received
under
this section so
that,
when combined with other funds of the
district,
sufficient
funds
exist to provide all-day kindergarten
to at least the
number
of
children in the district's all-day
kindergarten
percentage.
To satisfy this requirement, a district may use funds paid under division (C) or (I) of this section to provide all-day kindergarten in addition to the all-day kindergarten payment under division (D) of this section.
(2) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section.
(3) Except as permitted under division (M)(1) of this section, each school district with a poverty index less than 1.0 that receives a payment under division (I) of this section shall use its payment under that division for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(4) Each school district to which division (M)(1), (2), or (3) of this section applies shall expend the
remaining
funds received under this
section, and
any other
district with a
poverty index less than
1.0 shall expend
all funds received
under this
section, for any
of the following
purposes:
(a) The purchase of technology for
instructional purposes for remediation;
(b) All-day kindergarten;
(c) Reduction of class sizes in grades kindergarten through three, as described in division (J)(7) of this section;
(d) Summer school remediation;
(e) Dropout prevention programs approved by the department of education under division (J)(4) of this section;
(f) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(g) Summer education and work programs;
(h) Adolescent pregnancy programs;
(i) Head start, preschool, early childhood education, or early learning programs;
(j) Reading improvement and remediation programs described
by the
department of education;
(k) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(l) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(m) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
(N) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage
and the percentage actually enrolled in
all-day kindergarten.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(O)(1) A district may use a portion of the funds calculated
for
it under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (J)(7) of this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department.
Section 2. That existing sections 2151.011, 3313.48, 3313.533, 3313.62, 3317.01, and 3317.029 and sections 3313.481 and 3313.482 of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect July 1, 2007. However, to determine whether a school district satisfied the minimum school year in the 2006-2007 school year in order to qualify for state funding under Chapter 3317. of the Revised Code for fiscal year 2008, the Department of Education shall apply the criteria prescribed in the version of division (B) of section 3317.01 of the Revised Code in effect prior to July 1, 2007.
Section 4. The amendments to sections 3313.48, 3313.533, 3313.62, 3317.01, and 3317.029; the repeal and reenactment of section 3313.481; and the repeal of section 3313.482 of the Revised Code made by this act do not apply to any collective bargaining agreement executed under Chapter 4117. of the Revised Code prior to the effective date of this section. Any collective bargaining agreement or renewal executed after that date shall comply with the changes provided for in this act.
|