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S. B. No. 187 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 3313.981 and 3327.01 of the Revised
Code to require school districts to provide
transportation to the school of attendance for
each resident student under sixteen years of age
whose parent requests transportation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.981 and 3327.01 of the Revised
Code be amended to read as follows:
Sec. 3313.981. (A) The state board shall adopt rules
requiring all of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report to the department of
education all of the following:
(a) The number of
adjacent district or other district
students, as
applicable, and adjacent district or other district
joint
vocational students, as applicable, enrolled in the district
and
the number of native students enrolled in adjacent or other
districts,
in accordance with a policy adopted under division (B)
of section 3313.98 of
the Revised Code;
(b) Each
adjacent district or other district student's or
adjacent district
or other district joint vocational student's
date of enrollment in the
district;
(c) The full-time equivalent number of adjacent district or
other
district students enrolled in vocational education programs
or classes
described in division (A) of section 3317.014 of the
Revised Code and the
full-time equivalent number of such students
enrolled in vocational education
programs or classes described in
division (B) of that section;
(d) Each native student's date of enrollment in an adjacent
or
other district.
(2) The board of education of each joint vocational school
district to annually report to the department all of the
following:
(a) The number of adjacent
district or other
district joint
vocational students, as applicable, enrolled in the district;
(b) The full-time equivalent number of adjacent district or
other
district joint vocational students enrolled in vocational
education programs
or classes described in division (A) of section
3317.014 of the Revised Code
and the
full-time equivalent number
of such students enrolled in vocational education
programs or
classes described in division (B) of that section;
(c) For each adjacent district or other
district joint
vocational
student, the city, exempted village, or local school
district in
which the student is also enrolled.
(3) Prior to the first full school week in October each
year,
the superintendent of each city, local, or exempted village school
district that admits adjacent district or other district students
or adjacent
district or other district joint vocational students
in accordance with a
policy adopted under division (B) of section
3313.98 of the Revised Code to
notify each adjacent or other
district where those students are entitled to
attend school under
section 3313.64 or 3313.65 of the Revised Code of the
number of
the adjacent or other district's native students who are enrolled
in
the superintendent's
district under the policy.
The rules shall provide for the method of counting students
who are enrolled for part of a school year in an adjacent or other
district or as an adjacent district or other district joint
vocational
student.
(B) From the payments made to a city, exempted village, or
local school district under Chapter 3317. of the Revised Code,
the
department of education shall annually subtract both of the
following:
(1) An amount equal to the number of the district's native
students reported under division (A)(1) of this section who are
enrolled in adjacent or other school districts pursuant to
policies
adopted by such districts under division (B) of section
3313.98 of the Revised Code multiplied by the adjusted
formula
amount for the district;
(2) The excess costs computed in accordance with division
(E)
of this section for any such native students receiving
special
education and related services in adjacent or other school
districts or as an adjacent district or other district joint
vocational
student;
(3) For the full-time equivalent number of the district's
native students
reported under division (A)(1)(c) or
(2)(b) of
this section as enrolled in vocational education
programs or
classes described in section 3317.014 of the Revised Code, an
amount equal to the
formula amount times the applicable multiple
prescribed by that section.
(C) To the payments made to a city, exempted village, or
local school district under Chapter 3317. of the Revised Code,
the
department of education shall annually add all of the
following:
(1) An amount equal to the adjusted formula amount for the
district multiplied by the remainder obtained by subtracting the
number of adjacent district or other district joint vocational
students
from the
number of adjacent district or other district
students enrolled in the
district, as
reported under division
(A)(1) of this section;
(2) The excess costs computed in accordance with division
(E)
of this section for any adjacent district or other district
students, except for any adjacent or other district joint
vocational students,
receiving
special education and related
services in the district;
(3)
For the full-time equivalent number of the adjacent or
other district
students who are not adjacent district or other
district joint vocational
students and are reported under division
(A)(1)(c) of
this section as enrolled in vocational education
programs or classes described
in section 3317.014 of the Revised
Code, an amount equal to the formula amount times the
applicable
multiple prescribed by that section;
(4) An amount equal to the number of adjacent district or
other
district
joint vocational students reported under division
(A)(1) of this
section multiplied by an amount equal to twenty per
cent of the
adjusted formula amount for the district.
(D) To the payments made to a joint vocational school
district under Chapter 3317. of the Revised Code, the department
of education shall add, for each adjacent district or other
district
joint
vocational student reported under division (A)(2)
of this
section, both of the following:
(1) An amount equal to the adjusted formula
amount of the
city, exempted village, or local school district in
which the
student is also enrolled;
(2) An amount equal to the full-time equivalent number of
students
reported pursuant to division (A)(2)(b) of this
section
times the formula amount times the applicable multiple prescribed
by
section 3317.014 of the Revised Code.
(E)(1) A city, exempted village, or local school board
providing special education and related services to an adjacent
or
other district student in
accordance with an IEP shall, pursuant
to
rules of the state board, compute the excess costs to educate
such student as follows:
(a) Subtract the adjusted formula amount for the district
from the actual costs to educate the student;
(b) From the amount computed under division (E)(1)(a) of
this
section subtract the amount of any funds received by the
district
under Chapter 3317. of the Revised Code to provide
special
education and related services to the student.
(2) The board shall report the excess costs computed under
this division to the department of education.
(3) If any student for whom excess costs are computed
under
division (E)(1) of this section is an adjacent or other
district
joint vocational student, the department of education shall add
the amount of such excess costs to the payments made under
Chapter
3317. of the Revised Code to the joint vocational school
district
enrolling the student.
(F) As provided in division
(D)(1)(b) of section 3317.03 of
the Revised Code, no
joint vocational
school district shall count
any
adjacent or other district joint vocational student enrolled
in the
district in its formula ADM certified under
section 3317.03
of the Revised Code.
(G) No city, exempted village, or local school district
shall
receive a payment under division (C) of this section for a
student, and no joint vocational school district shall receive a
payment under
division (D) of this section for a student, if for
the same school
year that student is counted in the district's
formula ADM certified under
section 3317.03 of the Revised Code.
(H) Upon request of a parent, and provided the board
offers
transportation to native students of the same grade level
and
distance from school age under section 3327.01 of the Revised
Code, a city, exempted village, or local school board enrolling
an
adjacent or other district student shall provide transportation
for the
student within the boundaries of the board's district,
except
that the board shall be required to pick up and drop off a
nonhandicapped student only at a regular school bus stop
designated in accordance with the board's transportation policy.
Pursuant to rules of the state board of education, such board may
reimburse the parent from funds received under division (D)
of
section 3317.022 of the Revised Code for the reasonable cost of
transportation from the student's home to the designated school
bus stop if
the student's family has an income below the federal
poverty line.
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, 3327.012, and 3327.02 of
the
Revised
Code do not apply to any joint vocational or
cooperative
education school district.
In all Except as otherwise provided in this section and in
section 3327.02 of the Revised Code, each city, local, and
exempted village school districts
where district shall provide
transportation to each resident school pupils in grades
kindergarten through eight
live more than two miles pupil who is
less than sixteen years of age and whose parent or legal guardian
has requested in writing that transportation be provided.
Transportation shall be provided to each such pupil 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 to which
they are the pupil is
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
as provided in
section 3327.02 of the Revised
Code the pupil attends.
In all city, local, and exempted village school districts
where pupil transportation is required under a career-technical
plan approved by the state board of education under section
3313.90 of the Revised Code, for any student attending a
career-technical program operated by another school district,
including a joint vocational school district, as prescribed under
that section, the board of education of the student's district of
residence shall provide transportation from the public high school
operated by that district to which the student is assigned to the
career-technical program.
In all city, local, and exempted village school districts
the
board may provide transportation for resident school pupils
in
grades nine through twelve who are sixteen years of age or older
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
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.
A board of education shall not be required to transport
elementary or high school pupils to and from a
nonpublic or
community school
where such transportation would
require more than
thirty minutes
of direct travel time as measured
by school bus
from the
public school building to which the pupils would be
assigned if attending the public school designated by 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
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.
Section 2. That existing sections 3313.981 and 3327.01 of
the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect
July 1, 2008.
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