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H. B. No. 366 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Burke, Morgan, Lehner, Ruhl, Boose, Adams, J., Blessing, Derickson, McGregor, Hottinger, Blair, Uecker, Huffman, Evans, Hackett, Zehringer, Wachtmann, Adams, R., Combs, Bacon, Amstutz, Sears, Maag, Mecklenborg, Wagner, Martin
A BILL
To amend sections 3306.25 and 3321.05 of the Revised
Code to allow school district boards to exempt
their districts from certain spending rules and
the requirement to provide all-day kindergarten
and to direct the duties of the Ohio School
Funding Advisory Council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3306.25 and 3321.05 of the Revised
Code be amended to read as follows:
Sec. 3306.25. (A) The superintendent of public instruction
shall adopt rules, in accordance with Chapter 119. of the Revised
Code, prescribing standards for the expenditure of funds
calculated under this chapter and for the reporting of
expenditures of those funds for particular funded
components, as
determined by the superintendent, so that those funds are directed
toward the
purposes for which they were calculated.
The superintendent shall classify the components into the
following categories:
(1) Core academic strategy components, which shall be
considered those components that are fundamental to successful
education practices in the twenty-first century for all students;
(2) Academic improvement components, which shall be
considered those components that have been demonstrated to make
the greatest improvement in the academic achievement of
underperforming students;
The superintendent shall determine the funded components
included in each category.
(B) The rules adopted for core academic strategy components
under division (A)(1) of this section shall prescribe standards
for expenditure and reporting. The rules shall
afford districts
degrees of flexibility
in determining how to
spend funds
calculated for the components
included in that
category
depending on the district's current performance rating under
section 3302.03 of the Revised Code. The higher the rating, the
greater flexibility the rules shall provide. Districts rated
excellent shall not be subject to the expenditure standards, but
shall comply with the reporting standards.
(C) The rules adopted for academic improvement components
under division (A)(2) of this section shall prescribe standards
for expenditure and reporting and shall apply only to school
districts that have been
declared to be in academic emergency or
academic watch, under
section 3302.03 of the Revised Code, for
two or more consecutive
years, beginning with the ratings of
districts issued
under that section in the fiscal year that
begins two years prior
to the effective date of rules adopted
under division (A)(2) of
this section.
(D) The rules adopted under division (A)(3) of this section
shall prescribe only reporting standards and shall not prescribe
spending requirements or standards. The rules shall apply to all
school districts.
(E) The rules shall take effect pursuant to a schedule
determined by the superintendent. However:
(1) The rules adopted under division (A)(1) of this section
prescribing reporting standards for core academic strategy
components shall not take effect before July 1, 2010.
(2) The rules adopted under division (A)(1) of this section
prescribing expenditure standards for core academic strategy
components shall not take effect before July 1, 2011.
(3) The rules adopted under division (A)(2) of this section
prescribing reporting standards for academic improvement
components shall not take effect before July 1, 2010.
(4) The rules adopted under division (A)(2) of this section
prescribing expenditure standards for academic improvement
components shall not take effect before July 1, 2011.
(5) The rules adopted under division (A)(3) of
this section
prescribing reporting standards for other components shall not
take effect before July 1, 2010.
(F) Each (1) Except as provided in division (F)(2) of this
section, each school district
shall comply with each applicable
rule adopted under this section
beginning on the effective date
of that rule.
(2) A district board of education, by a majority vote, may
adopt a resolution exempting the district from any applicable rule
regarding the expenditure of funds calculated for the core teacher
factor and the specialist teacher factor under section 3306.05 of
the Revised Code. The resolution shall include a statement
identifying cost or space concerns as the basis for adopting the
resolution. If a board adopts such a resolution, the board
shall
not be required to apply for a waiver under section 3306.40
of
the Revised Code to receive an exemption from the rule. The
board
shall adopt a new resolution in each fiscal year that the
board
seeks an exemption from the rule.
Sec. 3321.05. (A) As used in this section, "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 as for students in grades one through six.
(B) Any school district may operate all-day kindergarten or
extended kindergarten, but beginning in fiscal year 2011, each
city, local, and exempted village school district shall provide
all-day kindergarten to each student enrolled in kindergarten,
except as specified in divisions (C) and (D) of this section.
(C) The board of education of a school district, by a
majority vote, may apply to
the superintendent of public
instruction for a waiver of adopt a resolution exempting the
district from the
requirement to provide all-day kindergarten for
all kindergarten
students. In making the determination to grant
or deny the waiver,
the state superintendent may consider space
concerns or
alternative delivery approaches used by the school
district The board shall adopt a new resolution in each fiscal
year that the board seeks an exemption from the requirement. The
resolution shall include a statement identifying cost or space
concerns as the basis for adopting the resolution.
(D) No district shall require any student
to attend
kindergarten for more than one-half of the number of clock hours
required each day for grades one through
six by the minimum
standards adopted under division (D) of section
3301.07 of the
Revised Code. Each school district
shall accommodate
kindergarten
students whose parents or guardians elect to enroll them for
one-half of the
minimum number of hours required each day for
grades one through six.
(E) A school district may use space in child day-care centers
licensed under Chapter 5104. of the Revised Code to provide
all-day kindergarten under this section.
Section 2. That existing sections 3306.25 and 3321.05 of the
Revised Code are hereby repealed.
Section 3. The Ohio School Funding Advisory Council
established in
section 3306.29 of the Revised Code shall identify
unfunded or
underfunded school funding mandates enacted in Am.
Sub. H.B. 1 of
the 128th General Assembly and imposed on local
schools, community
schools, chartered nonpublic schools, and the
Department of
Education. Following an evaluation of these
provisions, the
Council shall identify the costs of the mandates
and recommend to
the Governor and the General Assembly what
action the Council
deems appropriate, if any, to amend or repeal
the mandates. The
Council shall convene a meeting for these
purposes as soon as
practicable following the effective date of
this act.
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