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Sub. H. B. No. 136 As Reported by the House Education CommitteeAs Reported by the House Education Committee
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Goodwin, Roegner, Adams, J., Thompson, McClain, Amstutz, Anielski, Brenner, Young, Derickson, Blessing, Slaby, Mecklenborg, Butler, Wachtmann, Stautberg, Blair, Maag, Uecker, Newbold, Sears, Patmon, Buchy, Combs, Hall, Gonzales, Martin, Landis Speaker Batchelder Representatives Stinziano, Beck, Henne, Bubp, Hollington, Boose, Hottinger, Burke
A BILL
To amend sections 109.57, 109.572, 3301.0714,
3310.02, 3310.03, 3310.06, 3310.51, 3317.03, and
5727.84, to enact sections 3310.21 to 3310.35,
3310.37, and 3310.38, and to repeal section
3310.05 of the Revised Code to revise the
Educational Choice Scholarship Pilot Program and
to establish the Parental Choice and Taxpayer
Savings Scholarship Program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 109.572, 3301.0714,
3310.02, 3310.03, 3310.06, 3310.51, 3317.03, and 5727.84 be
amended and sections 3310.21, 3310.22, 3310.23, 3310.24, 3310.25,
3310.26, 3310.27, 3310.28, 3310.29, 3310.30, 3310.31, 3310.32,
3310.33, 3310.34, 3310.35, 3310.37, and 3310.38 of the Revised
Code be enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever procurable and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other information
that may be pertinent of all persons who have been convicted of
committing within this state a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
of all children under eighteen years of age who have been
adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if
committed by an adult or who have been convicted of or pleaded
guilty to committing within this state a felony or an offense of
violence, and of all well-known and habitual criminals. The person
in charge of any county, multicounty, municipal, municipal-county,
or multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or
having custody of a child under eighteen years of age with respect
to whom there is probable cause to believe that the child may have
committed an act that would be a felony or an offense of violence
if committed by an adult shall furnish such material to the
superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this
division, if committed by an adult, has not been adjudicated a
delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult, has not been
convicted of or pleaded guilty to committing a felony or an
offense of violence, and is not a child with respect to whom there
is probable cause to believe that the child may have committed an
act that would be a felony or an offense of violence if committed
by an adult shall not be procured by the superintendent or
furnished by any person in charge of any county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution, except as authorized in section 2151.313 of the
Revised Code.
(2) Every clerk of a court of record in this state, other
than the supreme court or a court of appeals, shall send to the
superintendent of the bureau a weekly report containing a summary
of each case involving a felony, involving any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses, involving a misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
or involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of violence
if committed by an adult. The clerk of the court of common pleas
shall include in the report and summary the clerk sends under this
division all information described in divisions (A)(2)(a) to (f)
of this section regarding a case before the court of appeals that
is served by that clerk. The summary shall be written on the
standard forms furnished by the superintendent pursuant to
division (B) of this section and shall include the following
information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty to the offense, adjudicated a delinquent child for
committing the act that would be a felony or an offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that would be a felony or an offense of violence if committed
by an adult, the date of an entry dismissing the charge, an entry
declaring a mistrial of the offense in which the person is
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was adjudicated a delinquent child, the sentence or terms of
probation imposed or any other disposition of the offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an attempt to disarm a law enforcement officer, the
clerk shall clearly state that fact in the summary, and the
superintendent shall ensure that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs, chiefs of police, and other law enforcement officers in
the establishment of a complete system of criminal identification
and in obtaining fingerprints and other means of identification of
all persons arrested on a charge of a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or a misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code and of all children under eighteen years of age
arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of violence if committed by
an adult. The superintendent also shall file for record the
fingerprint impressions of all persons confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution for the violation of state laws and of all children
under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for
committing an act that would be a felony or an offense of violence
if committed by an adult, and any other information that the
superintendent may receive from law enforcement officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of persons who are
convicted of or plead guilty to a sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and to every clerk of
a court in this state specified in division (A)(2) of this section
standard forms for reporting the information required under
division (A) of this section. The standard forms that the
superintendent prepares pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated delinquent children for committing an act that would
be a felony or an offense of violence if committed by an adult,
criminal activity, crime prevention, law enforcement, and criminal
justice, and may establish and operate a statewide communications
network to be known as the Ohio law enforcement gateway to gather
and disseminate information, data, and statistics for the use of
law enforcement agencies and for other uses specified in this
division. The superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to
children who are under eighteen years of age and that are gathered
pursuant to sections 109.57 to 109.61 of the Revised Code together
with information, data, and statistics that pertain to adults and
that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division (C)(1) of
this section, the superintendent or the superintendent's designee
may provide and exchange the information, data, and statistics
pursuant to the national crime prevention and privacy compact as
described in division (A)(5) of this section.
(4) The attorney general may adopt rules under Chapter 119.
of the Revised Code establishing guidelines for the operation of
and participation in the Ohio law enforcement gateway. The rules
may include criteria for granting and restricting access to
information gathered and disseminated through the Ohio law
enforcement gateway. The attorney general shall permit the state
medical board and board of nursing to access and view, but not
alter, information gathered and disseminated through the Ohio law
enforcement gateway.
The attorney general may appoint a steering committee to
advise the attorney general in the operation of the Ohio law
enforcement gateway that is comprised of persons who are
representatives of the criminal justice agencies in this state
that use the Ohio law enforcement gateway and is chaired by the
superintendent or the superintendent's designee.
(D)(1) The following are not public records under section
149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent
pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or
disseminated through the Ohio law enforcement gateway pursuant to
division (C)(1) of this section;
(c) Information and materials furnished to any board or
person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall
gather and retain information so furnished under division (A) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for the purposes
described in division (C)(2) of this section.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the procedure
by which a person may receive or release information gathered by
the superintendent pursuant to division (A) of this section. A
reasonable fee may be charged for this service. If a temporary
employment service submits a request for a determination of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section
109.572 of the Revised Code, the request shall be treated as a
single request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been approved
to be an agency for purposes of subchapter II of the "Community
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, division (C) of section 3310.58, or section 3319.39,
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the
Revised Code, the board of education of any school district; the
director of developmental disabilities; any county board of
developmental disabilities; any entity under contract with a
county board of developmental disabilities; the chief
administrator of any chartered or approved nonpublic school; the
chief administrator of a registered private provider that is not
also a chartered nonpublic school; the chief administrator of any
home health agency; the chief administrator of or person operating
any child day-care center, type A family day-care home, or type B
family day-care home licensed or certified under Chapter 5104. of
the Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start
agency; the executive director of a public children services
agency; a private company described in section 3314.41, 3319.392,
3326.25, or 3328.20 of the Revised Code; or an employer described
in division (J)(2) of section 3327.10 of the Revised Code may
request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any
individual wishing to apply for employment with a board of
education may request, with regard to the individual, whether the
bureau has any information gathered under division (A) of this
section that pertains to that individual. On receipt of the
request, the superintendent shall determine whether that
information exists and, upon request of the person, board, or
entity requesting information, also shall request from the federal
bureau of investigation any criminal records it has pertaining to
that individual. The superintendent or the superintendent's
designee also may request criminal history records from other
states or the federal government pursuant to the national crime
prevention and privacy compact set forth in section 109.571 of the
Revised Code. Within thirty days of the date that the
superintendent receives a request, the superintendent shall send
to the board, entity, or person a report of any information that
the superintendent determines exists, including information
contained in records that have been sealed under section 2953.32
of the Revised Code, and, within thirty days of its receipt, shall
send the board, entity, or person a report of any information
received from the federal bureau of investigation, other than
information the dissemination of which is prohibited by federal
law.
(b) When a board of education or a registered private
provider is required to receive information under this section as
a prerequisite to employment of an individual pursuant to division
(C) of section 3310.58 or section 3319.39 of the Revised Code, it
may accept a certified copy of records that were issued by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the board or provider shall accept the certified copy issued
by the bureau in order to make a photocopy of it for that
individual's employment application documents and shall return the
certified copy to the individual. In a case of that nature, a
district or provider only shall accept a certified copy of records
of that nature within one year after the date of their issuance by
the bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2) of this
section, and the superintendent of the bureau shall proceed as if
the request has been received from a school district board of
education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request
for information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received
from a school district board of education and shall comply with
divisions (F)(2)(a) and (c) of this section.
(5) When a recipient of a classroom reading improvement grant
paid under section 3301.86 of the Revised Code requests, with
respect to any individual who applies to participate in providing
any program or service funded in whole or in part by the grant,
the information that a school district board of education is
authorized to request under division (F)(2)(a) of this section,
the superintendent of the bureau shall proceed as if the request
has been received from a school district board of education under
division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is
required to be made under section 3701.881, 3712.09, 3721.121,
5119.693, or 5119.85 of the Revised Code with respect to an
individual who has applied for employment in a position that
involves providing direct care to an older adult or adult
resident, the chief administrator of a home health agency, hospice
care program, home licensed under Chapter 3721. of the Revised
Code, adult day-care program operated pursuant to rules adopted
under section 3721.04 of the Revised Code, adult foster home, or
adult care facility may request that the superintendent of the
bureau investigate and determine, with respect to any individual
who has applied after January 27, 1997, for employment in a
position that does not involve providing direct care to an older
adult or adult resident, whether the bureau has any information
gathered under division (A) of this section that pertains to that
individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information exists
and, on request of the individual requesting information, shall
also request from the federal bureau of investigation any criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date a request is received, the superintendent shall send to the
requester a report of any information determined to exist,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty days
of its receipt, shall send the requester a report of any
information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited by
federal law.
(H) Information obtained by a government entity or person
under this section is confidential and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2) or
(G) of this section.
(J) As used in this section:
(1) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(2) "Registered private provider" means a nonpublic school or
entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
(3) "Approved nonpublic school" has the same meaning as in
section 3310.29 of the Revised Code.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,
a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of developmental disabilities,
pursuant to section 5126.28 of the Revised Code with respect to an
applicant for employment in any position with a county board of
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of, has pleaded guilty to, or has
been found eligible for intervention in lieu of conviction for any
of the following, regardless of the date of the conviction, the
date of entry of the guilty plea, or the date the person was found
eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date;
(b) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense, two or more OVI or OVUAC violations
committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt of a request pursuant to section 5104.012 or
5104.013 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section 2923.02 or 2923.03 of
the Revised Code that relates to a crime specified in this
division, or a second violation of section 4511.19 of the Revised
Code within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1321.37,
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for a license, permit, or
certification from the department of commerce or a division in the
department. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: a
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or
2925.03 of the Revised Code; any other criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, as set forth in
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of
the Revised Code; or any existing or former law of this state, any
other state, or the United States that is substantially equivalent
to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or from an individual under section 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by
a completed form prescribed under division (C)(1) of this section
and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent
of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request has been convicted of or pleaded guilty to any criminal
offense in this state or any other state. The superintendent shall
send the results of a check requested under section 113.041 of the
Revised Code to the treasurer of state and shall send the results
of a check requested under any of the other listed sections to the
licensing board specified by the individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) On receipt of a request for a criminal records check
from an appointing or licensing authority under section 3772.07 of
the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty or no contest to any offense under
any existing or former law of this state, any other state, or the
United States that is a disqualifying offense as defined in
section 3772.07 of the Revised Code or substantially equivalent to
such an offense.
(16) Not later than thirty days after the date the
superintendent receives a request of a type described in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
(14), or (15) of this section, the completed form, and the
fingerprint impressions, the superintendent shall send the person,
board, or entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this
section, as appropriate. The superintendent shall send the person,
board, or entity that made the request a copy of the list of
offenses specified in division (A)(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as
appropriate. If the request was made under section 3701.881 of the
Revised Code with regard to an applicant who may be both
responsible for the care, custody, or control of a child and
involved in providing direct care to an older adult, the
superintendent shall provide a list of the offenses specified in
divisions (A)(4) and (6) of this section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,
3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061,
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,
5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013, 5111.032,
5111.033, 5111.034, 5119.693, 5119.85, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, any relevant
information contained in records that have been sealed under
section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be reviewed any information the
superintendent receives from that bureau. If a request under
section 3319.39 of the Revised Code asks only for information from
the federal bureau of investigation, the superintendent shall not
conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by section 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The
form that the superintendent prescribes pursuant to this division
may be in a tangible format, in an electronic format, or in both
tangible and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08, 173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any
person for whom a records check is requested under or required by
any of those sections shall obtain the fingerprint impressions at
a county sheriff's office, municipal police department, or any
other entity with the ability to make fingerprint impressions on
the standard impression sheets prescribed by the superintendent.
The office, department, or entity may charge the person a
reasonable fee for making the impressions. The standard impression
sheets the superintendent prescribes pursuant to this division may
be in a tangible format, in an electronic format, or in both
tangible and electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code. The person making a criminal records request under any of
those sections shall pay the fee prescribed pursuant to this
division. A person making a request under section 3701.881 of the
Revised Code for a criminal records check for an applicant who may
be both responsible for the care, custody, or control of a child
and involved in providing direct care to an older adult shall pay
one fee for the request. In the case of a request under section
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032
of the Revised Code, the fee shall be paid in the manner specified
in that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)
of this section, or that indicates that a person previously has
been convicted of or pleaded guilty to any criminal offense in
this state or any other state regarding a criminal records check
of a type described in division (A)(13) of this section, and that
is made by the superintendent with respect to information
considered in a criminal records check in accordance with this
section is valid for the person who is the subject of the criminal
records check for a period of one year from the date upon which
the superintendent makes the determination. During the period in
which the determination in regard to a person is valid, if another
request under this section is made for a criminal records check
for that person, the superintendent shall provide the information
that is the basis for the superintendent's initial determination
at a lower fee than the fee prescribed for the initial criminal
records check.
(E) When the superintendent receives a request for
information from a registered private provider or an approved
nonpublic school, the superintendent shall proceed as if the
request was received from a school district board of education
under section 3319.39 of the Revised Code. The superintendent
shall apply division (A)(7) of this section to any such request
for an applicant who is a teacher.
(F) As used in this section:
(1) "Approved nonpublic school" has the same meaning as in
section 3310.29 of the Revised Code.
(2) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2)(3) "Minor drug possession offense" has the same meaning
as in section 2925.01 of the Revised Code.
(3)(4) "Older adult" means a person age sixty or older.
(4)(5) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
(5)(6) "Registered private provider" means a nonpublic school
or entity registered with the superintendent of public instruction
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code
to participate in the Jon Peterson special needs scholarship
program.
Sec. 3301.0714. (A) The state board of education shall adopt
rules for a statewide education management information system. The
rules shall require the state board to establish guidelines for
the establishment and maintenance of the system in accordance with
this section and the rules adopted under this section. The
guidelines shall include:
(1) Standards identifying and defining the types of data in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the data
to the state board in accordance with division (D) of this
section;
(3) Procedures for annually compiling the data in accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall require
the data maintained in the education management information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that is
part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a specific
type of student, or both, such as regular instructional services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of disability. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by the
guidelines under this division shall be the same as the categories
of services used in determining cost units pursuant to division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed under sections
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;
(e) The number of students designated as having a disabling
condition pursuant to division (C)(1) of section 3301.0711 of the
Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for the
year. For purposes of this division, a student shall be counted as
present for any field trip that is approved by the school
administration.
(k) Rates of retention in grade;
(l) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(m) Graduation rates, to be calculated in a manner specified
by the department of education that reflects the rate at which
students who were in the ninth grade three years prior to the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(n) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each school
district, including:
(a) The total numbers of licensed employees and nonlicensed
employees and the numbers of full-time equivalent licensed
employees and nonlicensed employees providing each category of
instructional service, instructional support service, and
administrative support service used pursuant to division (C)(3) of
this section. The guidelines adopted under this section shall
require these categories of data to be maintained for the school
district as a whole and, wherever applicable, for each grade in
the school district as a whole, for each school building as a
whole, and for each grade in each school building.
(b) The total number of employees and the number of full-time
equivalent employees providing each category of service used
pursuant to divisions (C)(4)(a) and (b) of this section, and the
total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category used pursuant to
division (C)(4)(c) of this section. The guidelines adopted under
this section shall require these categories of data to be
maintained for the school district as a whole and, wherever
applicable, for each grade in the school district as a whole, for
each school building as a whole, and for each grade in each school
building.
(c) The total number of regular classroom teachers teaching
classes of regular education and the average number of pupils
enrolled in each such class, in each of grades kindergarten
through five in the district as a whole and in each school
building in the school district.
(d) The number of lead teachers employed by each school
district and each school building.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether the student previously participated in a public preschool
program, a private preschool program, or a head start program, and
the number of years the student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall include
cost accounting data for each district as a whole and for each
school building in each school district. The guidelines adopted
under this section shall require the cost data for each school
district to be maintained in a system of mutually exclusive cost
units and shall require all of the costs of each school district
to be divided among the cost units. The guidelines shall require
the system of mutually exclusive cost units to include at least
the following:
(1) Administrative costs for the school district as a whole.
The guidelines shall require the cost units under this division
(C)(1) to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil in formula ADM
in the school district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units under
this division (C)(2) to be designed so that each of them may be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category required
by guidelines adopted under division (B)(1)(a) of this section
that is provided directly to students by a classroom teacher;
(b) The cost of the instructional support services, such as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to students
in conjunction with each instructional services category;
(c) The cost of the administrative support services related
to each instructional services category, such as the cost of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this section.
The guidelines shall require the cost units under division (C)(4)
of this section to be designed so that each of them may be
compiled and reported in terms of average expenditure per pupil
receiving the service in the school district as a whole and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee under a
supplemental contract;
(b) The cost of each such services category provided directly
to students by a nonlicensed employee, such as janitorial
services, cafeteria services, or services of a sports trainer;
(c) The cost of the administrative services related to each
services category in division (C)(4)(a) or (b) of this section,
such as the cost of any licensed or nonlicensed employees that
develop, supervise, coordinate, or otherwise are involved in
administering or aiding the delivery of each services category.
(D)(1) The guidelines adopted under this section shall
require school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines may
also require school districts to report information about
individual staff members in connection with any data required by
division (B) or (C) of this section or other reporting
requirements established in the Revised Code. The guidelines shall
not authorize school districts to request social security numbers
of individual students. The guidelines shall prohibit the
reporting under this section of a student's name, address, and
social security number to the state board of education or the
department of education. The guidelines shall also prohibit the
reporting under this section of any personally identifiable
information about any student, except for the purpose of assigning
the data verification code required by division (D)(2) of this
section, to any other person unless such person is employed by the
school district or the information technology center operated
under section 3301.075 of the Revised Code and is authorized by
the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring of assessments administered under
section 3301.0711 of the Revised Code. The guidelines may require
school districts to provide the social security numbers of
individual staff members.
(2) The guidelines shall provide for each school district or
community school to assign a data verification code that is unique
on a statewide basis over time to each student whose initial Ohio
enrollment is in that district or school and to report all
required individual student data for that student utilizing such
code. The guidelines shall also provide for assigning data
verification codes to all students enrolled in districts or
community schools on the effective date of the guidelines
established under this section.
Individual student data shall be reported to the department
through the information technology centers utilizing the code but,
except as provided in sections 3310.11, 3310.31, 3310.42, 3310.63,
3313.978,
3310.63, and 3317.20 of the Revised Code, at no time
shall the state board or the department have access to information
that would enable any data verification code to be matched to
personally identifiable student data.
Each school district shall ensure that the data verification
code is included in the student's records reported to any
subsequent school district, community school, or state institution
of higher education, as defined in section 3345.011 of the Revised
Code, in which the student enrolls. Any such subsequent district
or school shall utilize the same identifier in its reporting of
data under this section.
The director of health shall request and receive, pursuant to
sections 3301.0723 and 3701.62 of the Revised Code, a data
verification code for a child who is receiving services under
division (A)(2) of section 3701.61 of the Revised Code.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of this
section or the annual statewide report required under division (H)
of this section.
(F) Beginning with the school year that begins July 1, 1991,
the board of education of each school district shall annually
collect and report to the state board, in accordance with the
guidelines established by the board, the data required pursuant to
this section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G) The state board shall, in accordance with the procedures
it adopts, annually compile the data reported by each school
district pursuant to division (D) of this section. The state board
shall design formats for profiling each school district as a whole
and each school building within each district and shall compile
the data in accordance with these formats. These profile formats
shall:
(1) Include all of the data gathered under this section in a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student achievement maintained pursuant
to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division (G)
of this section. Copies of the report shall be sent to each school
district.
(2) The state board shall, in accordance with the procedures
it adopts, annually prepare an individual report for each school
district and the general public that includes the profiles of each
of the school buildings in that school district developed pursuant
to division (G) of this section. Copies of the report shall be
sent to the superintendent of the district and to each member of
the district board of education.
(3) Copies of the reports received from the state board under
divisions (H)(1) and (2) of this section shall be made available
to the general public at each school district's offices. Each
district board of education shall make copies of each report
available to any person upon request and payment of a reasonable
fee for the cost of reproducing the report. The board shall
annually publish in a newspaper of general circulation in the
school district, at least twice during the two weeks prior to the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to this
section and that identifies an individual pupil is not a public
record for the purposes of section 149.43 of the Revised Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school. As
used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established under
this section.
(2) "Cost" means any expenditure for operating expenses made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information system
established under this section for the purpose of releasing it to
any person not entitled under law to have access to such
information is subject to section 2913.42 of the Revised Code
prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section and
the rules adopted under division (L)(10) of this section, the
department of education may sanction any school district that
reports incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise
does not make a good faith effort to report data as required by
this section.
(2) If the department decides to sanction a school district
under this division, the department shall take the following
sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under this
section and require the district to review its data submission and
submit corrected data by a deadline established by the department.
The department also may require the district to develop a
corrective action plan, which shall include provisions for the
district to provide mandatory staff training on data reporting
procedures.
(b) Withhold up to ten per cent of the total amount of state
funds due to the district for the current fiscal year and, if not
previously required under division (L)(2)(a) of this section,
require the district to develop a corrective action plan in
accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of
the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data
management system;
(vi) Conduct an investigation to determine whether to suspend
or revoke the license of any district employee in accordance with
division (N) of this section;
(vii) If the district is issued a report card under section
3302.03 of the Revised Code, indicate on the report card that the
district has been sanctioned for failing to report data as
required by this section;
(viii) If the district is issued a report card under section
3302.03 of the Revised Code and incomplete or inaccurate data
submitted by the district likely caused the district to receive a
higher performance rating than it deserved under that section,
issue a revised report card for the district;
(ix) Any other action designed to correct the district's data
reporting problems.
(3) Any time the department takes an action against a school
district under division (L)(2) of this section, the department
shall make a report of the circumstances that prompted the action.
The department shall send a copy of the report to the district
superintendent or chief administrator and maintain a copy of the
report in its files.
(4) If any action taken under division (L)(2) of this section
resolves a school district's data reporting problems to the
department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that if
the department withheld funding under division (L)(2)(c) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) of this section and, if the department withheld
funding under division (L)(2)(d) of this section, the department
shall not release the funds withheld under division (L)(2)(b) or
(c) of this section.
(5) Notwithstanding anything in this section to the contrary,
the department may use its own staff or an outside entity to
conduct an audit of a school district's data reporting practices
any time the department has reason to believe the district has not
made a good faith effort to report data as required by this
section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a
district has not made a good faith effort to report data as
required by this section, the district shall reimburse the
department for the full cost of the audit. The department may
withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for the
district. If the referee affirms the department's contention that
the district did not make a good faith effort to report data as
required by this section, the district shall bear the full cost of
conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and
a school district regarding the appropriateness of an action taken
under division (L)(2) of this section, the burden of proof shall
be on the district to demonstrate that it made a good faith effort
to report data as required by this section.
(10) The state board of education shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M) No information technology center or school district shall
acquire, change, or update its student administration software
package to manage and report data required to be reported to the
department unless it converts to a student software package that
is certified by the department.
(N) The state board of education, in accordance with sections
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a
license as defined under division (A) of section 3319.31 of the
Revised Code that has been issued to any school district employee
found to have willfully reported erroneous, inaccurate, or
incomplete data to the education management information system.
(O) No person shall release or maintain any information about
any student in violation of this section. Whoever violates this
division is guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under division (B)(1)(n) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3310.02. (A) The educational choice scholarship pilot
program is hereby established. Under the program, the department
of education annually shall pay scholarships to attend chartered
nonpublic schools in accordance with section 3310.08 of the
Revised Code for up to the following number of eligible students,
unless division (B) of this section applies:
(1) Thirty thousand in the 2011-2012 school year;
(2) Sixty thousand in the 2012-2013 school year and
thereafter.
(B) For any school year for which the number of applications
for scholarships timely submitted on behalf of eligible students
exceeds ninety per cent of the maximum number of scholarships
permitted, the department shall increase the maximum number of
scholarships permitted for that school year by twenty-five per
cent. The department shall make the increased number of
scholarships available for each subsequent school year until the
department is again required to increase the number of
scholarships under this division.
(C) If the number of students who apply for a scholarship
exceeds the number of scholarships available under division
divisions (A) and (B) of this section for the applicable school
year, the department shall award scholarships in the following
order of priority:
(1) First, to eligible students who received scholarships in
the prior school year;
(2) Second, to eligible students with family incomes at or
below two hundred per cent of the federal poverty guidelines, as
defined in section 5101.46 of the Revised Code, who qualify under
division (A) of section 3310.03 of the Revised Code. If the number
of students described in division (B)(C)(2) of this section who
apply for a scholarship exceeds the number of available
scholarships after awards are made under division (B)(C)(1) of
this section, the department shall select students described in
division (B)(C)(2) of this section by lot to receive any remaining
scholarships.
(3) Third, to other eligible students who qualify under
division (A) of section 3310.03 of the Revised Code. If the number
of students described in division (B)(C)(3) of this section who
apply for a scholarship exceeds the number of available
scholarships after awards are made under divisions (B)(C)(1) and
(2) of this section, the department shall select students
described in division (B)(C)(3) of this section by lot to receive
any remaining scholarships.
(4) Fourth, to eligible students with family incomes at or
below two hundred per cent of the federal poverty guidelines who
qualify under division (B) of section 3310.03 of the Revised Code.
If the number of students described in division (B)(C)(4) of this
section who apply for a scholarship exceeds the number of
available scholarships after awards are made under divisions
(B)(C)(1) to (3) of this section, the department shall select
students described in division (B)(C)(4) of this section by lot to
receive any remaining scholarships.
(5) Fifth, to other eligible students who qualify under
division (B) of section 3310.03 of the Revised Code. If the number
of students described in division (B)(C)(5) of this section who
apply for a scholarship exceeds the number of available
scholarships after awards are made under divisions (B)(C)(1) to
(4) of this section, the department shall select students
described in division (B)(C)(5) of this section by lot to receive
any remaining scholarships.
Sec. 3310.03. A student is an "eligible student" for
purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which
the pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code and the student satisfies
one of the conditions in division (A) or (B) of this section:
(A)(1) The student is enrolled in a school building that is
operated by the student's resident district and to which both of
the following apply:
(a) The building was declared, in at least two of the three
most recent ratings of school buildings published prior to the
first day of July of the school year for which a scholarship is
sought, to be in a state of academic emergency or academic watch
under section 3302.03 of the Revised Code;
(b) The building was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (A)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (A)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) of this
section in the school year for which the scholarship is sought.
(5) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought, or is enrolled in a
community school established under Chapter 3314. of the Revised
Code, and all of the following apply to the student's resident
district:
(a) The district has in force an intradistrict open
enrollment policy under which no student in kindergarten or the
community school student's grade level, respectively, is
automatically assigned to a particular school building;
(b) In at least two of the three most recent ratings of
school districts published prior to the first day of July of the
school year for which a scholarship is sought, the district was
declared to be in a state of academic emergency under section
3302.03 of the Revised Code;
(c) The district was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(6) The student received a scholarship under sections
3313.974 to 3313.979 of the Revised Code in the 2010-2011 school
year and otherwise would be assigned under section 3319.01 of the
Revised Code in a district in which that program is operating to a
school building described in division (A)(1) of this section.
(B)(1) The student is enrolled in a school building that is
operated by the student's resident district and to which both of
the following apply:
(a) The building was ranked, for at least two of the three
most recent rankings published under section 3302.21 of the
Revised Code prior to the first day of July of the school year for
which a scholarship is sought, in the lowest ten per cent of all
public school buildings according to performance index score under
section 3302.21 of the Revised Code.
(b) The building was not declared to be excellent or
effective under section 3302.03 of the Revised Code in the most
recent rating published prior to the first day of July of the
school year for which a scholarship is sought.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (B)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (B)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (B)(1) of this
section in the school year for which the scholarship is sought.
(5) The student received a scholarship under sections
3313.974 to 3313.979 of the Revised Code in the 2010-2011 school
year and otherwise would be assigned under section 3319.01 of the
Revised Code in a district in which that program is operating to a
school building described in division (B)(1) of this section.
(C) No student shall receive a scholarship under the
educational choice scholarship pilot program, under sections
3310.01 to 3310.17 of the Revised Code, and the pilot project
scholarship program, under sections 3313.974 to 3313.979 of the
Revised Code, for the same school year.
(D) A student who receives a scholarship under the
educational choice scholarship pilot program remains an eligible
student and may continue to receive scholarships in subsequent
school years until the student completes grade twelve, so long as
all of the following apply:
(1) The student's resident district remains the same, or the
student transfers to a new resident district and otherwise would
be assigned in the new resident district to a school building
described in division (A)(1) or (B)(1) of this section;
(2) The student takes each assessment prescribed for the
student's grade level under section 3301.0710 or 3301.0712 of the
Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a
chartered nonpublic school, the student is absent from school for
not more than twenty days that the school is open for instruction,
not including excused absences.
(D)(E)(1) The department shall cease awarding first-time
scholarships pursuant to divisions (A)(1) to (4) and (6) of this
section with respect to a school building that, in the most recent
ratings of school buildings published under section 3302.03 of the
Revised Code prior to the first day of July of the school year,
ceases to meet the criteria in division (A)(1) of this section.
The department shall cease awarding first-time scholarships
pursuant to division (A)(5) of this section with respect to a
school district that, in the most recent ratings of school
districts published under section 3302.03 of the Revised Code
prior to the first day of July of the school year, ceases to meet
the criteria in division (A)(5) of this section.
(2) The department shall cease awarding first-time
scholarships pursuant to divisions (B)(1) to (4)(5) of this
section with respect to a school building that, in the most recent
ratings of school buildings under section 3302.03 of the Revised
Code prior to the first day of July of the school year, ceases to
meet the criteria in division (B)(1) of this section.
(3) However, students who have received scholarships in the
prior school year remain eligible students pursuant to division
(C)(D) of this section.
(E)(F) The state board of education shall adopt rules
defining excused absences for purposes of division (C)(D)(3) of
this section.
Sec. 3310.06. It is the policy adopted by the general
assembly that the educational choice scholarship pilot program
shall be construed as one of several educational options available
for students enrolled in academic emergency or academic watch
school buildings. Students may be enrolled in the schools of the
student's resident district, in a community school established
under Chapter 3314. of the Revised Code, in the schools of another
school district pursuant to an open enrollment policy adopted
under section 3313.98 of the Revised Code, in a chartered
nonpublic school with or without a scholarship under the
educational choice scholarship pilot program or the PACT
scholarship program, or in other schools as the law may provide.
Sec. 3310.21. As used in sections 3310.21 to 3310.38 of the
Revised Code:
(A) "Chartered nonpublic school" means a nonpublic school
that holds a valid charter issued by the state board of education
under section 3301.16 of the Revised Code and meets the standards
established for such schools in rules adopted by the state board.
(B) "College" has the same meaning as in section 3365.01 of
the Revised Code.
(C) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(D) An "eligible nonpublic school" is a school that is
designated as an eligible nonpublic school in accordance with
division (A) of section 3310.29 of the Revised Code.
(E) An "eligible student" is a student who satisfies the
conditions specified in section 3310.23 of the Revised Code.
(F) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(G) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(H) "Income standard for a reduced-price lunch" means the
income standard to qualify for a reduced-price lunch under the
"National School Lunch Act," 42 U.S.C. 1751, et seq., as amended,
and the "Child Nutrition Act of 1966," 42 U.S.C. 1771, et seq., as
amended.
(I) "PACT" is an acronym for "parental choice and taxpayer
savings." "PACT scholarship" means a scholarship under the
parental choice and taxpayer savings scholarship program
established under sections 3310.21 to 3310.38 of the Revised Code,
which program may be referred to as the "PACT scholarship
program."
(J) "Parent" has the same meaning as in section 3313.98 of
the Revised Code.
(K) "Resident district" means the school district in which a
student is entitled to attend school.
(L) "School year" has the same meaning as in section 3313.62
of the Revised Code.
(M) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(N) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code.
Sec. 3310.22. (A) The parental choice and taxpayer savings
scholarship program is hereby established. Under the program,
beginning with the 2012-2013 school year and subject to divisions
(B), (C), and (D) of this section, the department of education
annually shall award a scholarship in the amount prescribed by
section 3310.25 of the Revised Code, upon application, to each
eligible student. The scholarship shall be used to pay all or part
of the cost of tuition and fees for the student to attend an
eligible nonpublic school, and any remainder of the scholarship
amount shall be credited to an education savings account for the
student. The student may use the moneys credited to the education
savings account for the purposes prescribed by division (B) of
section 3310.30 of the Revised Code.
No student for whom a scholarship is awarded under sections
3310.01 to 3310.17, 3310.41, 3310.51 to 3310.64, or 3313.974 to
3313.979 of the Revised Code shall be awarded a scholarship for
the same school year under this section.
(B) The number of PACT scholarships that may be awarded for
any school year shall not exceed the difference of the maximum
number of educational choice scholarships that may be awarded
under section 3310.02 of the Revised Code, minus the total number
of educational choice scholarships actually awarded for that
school year.
(C) If the number of applicants for PACT scholarships for any
school year exceeds the number available as prescribed by division
(B) of this section, the department shall award PACT scholarships
in the following order of priority:
(1) First, to eligible students who received PACT
scholarships in the prior school year. If the number of such
eligible students who apply for a scholarship exceeds the number
of available scholarships as prescribed by division (B) of this
section, the department shall award scholarships to all such
eligible students, notwithstanding the limit of that division.
(2) Second, to eligible students who attended a school of a
school district, a community school, or a STEM school in the
school year prior to the school year for which a scholarship is
sought. If the number of students described in division (C)(2) of
this section who apply for a scholarship exceeds the number of
available scholarships after awards are made under division (C)(1)
of this section, the department shall select students described in
division (C)(2) of this section by lot to receive any remaining
scholarships.
(3) Third, to eligible students who qualify under division
(A)(2) of section 3310.23 of the Revised Code. If the number of
students described in division (C)(3) of this section who apply
for a scholarship exceeds the number of available scholarships
after awards are made under divisions (C)(1) and (2) of this
section, the department shall select students described in
division (C)(3) of this section by lot to receive any remaining
scholarships.
(4) Fourth, to all other eligible students. If the number of
students described in division (C)(4) of this section who apply
for a scholarship exceeds the number of available scholarships
after awards are made under divisions (C)(1) to (3) of this
section, the department shall select students described in
division (C)(4) of this section by lot to receive any remaining
scholarships.
(D) Notwithstanding anything to the contrary in this section,
at no time shall the department award more scholarships to
students from a single resident district than can be financed in
the aggregate by the amount of that district's state education
aid.
Sec. 3310.23. (A)(1) Subject to the phase-in provisions of
division (B) of this section, to be eligible for a PACT
scholarship, a student must be entitled to attend school in a
school district and the student's family annual income for the
preceding tax year as measured by the family's federal adjusted
gross income, as defined by the Internal Revenue Code, must not
exceed an amount equal to the lesser of the following:
(a) 2.5 times the income standard for a reduced-price lunch;
(b) Ninety-five thousand dollars.
(2) A student who received a scholarship under either of the
following programs for the previous school year, and whose family
meets the income requirement prescribed by division (A)(1) of this
section, may receive a PACT scholarship in lieu of continued
participation in the other scholarship program:
(a) The pilot project scholarship program under sections
3313.974 to 3313.979 of the Revised Code;
(b) The educational choice scholarship pilot program under
sections 3310.01 to 3310.17 of the Revised Code.
(B) Unless the student qualifies for a PACT scholarship under
division (A)(2) of this section or received a PACT scholarship in
the prior school year, a student who attended a nonpublic school
in Ohio during the school year immediately prior to the first
school year for which the PACT scholarship is sought for the
student, and whose family meets the income requirement prescribed
by division (A)(1) of this section, shall be eligible for the
scholarship only as follows:
(1) For a scholarship for the 2012-2013 school year, the
student is applying for a scholarship to enter kindergarten.
(2) For a scholarship for the 2013-2014 school year, the
student is applying for a scholarship to enroll in any grade from
kindergarten to four.
(3) For a scholarship for the 2014-2015 school year, the
student is applying for a scholarship to enroll in any grade from
kindergarten to eight.
(4) For a scholarship for the 2015-2016 school year and each
school year thereafter, the student is applying for a scholarship
to enroll in any grade between kindergarten to twelve.
A student who did not attend a nonpublic school in Ohio
during the school year immediately prior to the first school year
for which the scholarship is sought for the student shall be
eligible for a scholarship for any school year to enroll in any
grade from kindergarten to twelve.
(C) A student who receives a scholarship under the PACT
scholarship program remains an eligible student and may continue
to receive scholarships in subsequent school years until the
student completes the high school curriculum of an eligible
nonpublic school, so long as all of the following apply:
(1) The student is entitled to attend school in a school
district.
(2) The student's family continues to meet the income
requirement prescribed by division (A)(1) of this section.
(3) The student takes each assessment prescribed for the
student's grade level under section 3301.0710 or 3301.0712 of the
Revised Code while enrolled in an eligible nonpublic school.
(4) In each school year that the student is enrolled in an
eligible nonpublic school, the student is absent from school for
not more than twenty days that the school is open for instruction,
not including excused absences.
(D) A student who has received a PACT scholarship, but no
longer meets the requirements to be an eligible student under
division (C) of this section, may continue to use the accumulated
moneys credited to the student's education savings account in
accordance with section 3310.30 of the Revised Code.
(E) The state board of education shall adopt rules defining
excused absences for purposes of division (C)(4) of this section.
Sec. 3310.24. Any eligible student who is enrolled in an
eligible nonpublic school and for whom a PACT scholarship has been
awarded shall be entitled to transportation to and from the
nonpublic school by the student's resident district in the manner
prescribed in section 3327.01 of the Revised Code.
Sec. 3310.25. The scholarship amount awarded to an eligible
student under the PACT scholarship program shall be based on the
student's family annual income for the preceding tax year as
measured by the family's federal adjusted gross income, as defined
by the Internal Revenue Code. The scholarship amount shall be as
follows:
(A) For a student whose family annual income is less than or
equal to 1.5 times the income standard for a reduced-price lunch,
an amount equal to eighty per cent of the sum of the formula
amount plus the per pupil amount of the base funding supplements
specified in divisions (C)(1) to (4) of section 3317.012 of the
Revised Code for fiscal year 2009;
(B) For a student whose family annual income is greater than
1.5 times but less than or equal to 2 times the income standard
for a reduced-price lunch, an amount equal to sixty per cent of
the sum of the formula amount plus the per pupil amount of the
base funding supplements specified in divisions (C)(1) to (4) of
section 3317.012 of the Revised Code for fiscal year 2009;
(C) For a student whose family annual income is greater than
2 times but less than or equal to 2.5 times the income standard
for a reduced-price lunch, an amount equal to forty per cent of
the sum of the formula amount plus the per pupil amount of the
base funding supplements specified in divisions (C)(1) to (4) of
section 3317.012 of the Revised Code for fiscal year 2009.
However, at no time shall a scholarship be awarded in any
amount to a student whose family annual income for the preceding
tax year exceeds ninety-five thousand dollars, regardless of
family size.
Sec. 3310.26. It is the policy adopted by the general
assembly that the PACT scholarship program shall be construed as
one of several educational options available for eligible Ohio
students. Students may be enrolled in the schools of the student's
resident district, in a community school, in the schools of
another school district pursuant to an open enrollment policy
adopted under section 3313.98 of the Revised Code, in an
alternative school under the Cleveland scholarship and tutoring
program, in a nonpublic school with or without a scholarship under
the educational choice scholarship pilot program or the PACT
scholarship program, or in other schools as the law may provide.
Sec. 3310.27. Any parent, or any student who is at least
eighteen years of age, who is seeking a scholarship under the PACT
scholarship program shall notify the department of education of
the student's and parent's names and address, the eligible
nonpublic school in which the student has been accepted for
enrollment, and the tuition and fees charged by the school.
Sec. 3310.28. (A) Except for an excess amount credited to the
student's education savings account, if applicable, the department
of education shall pay the amount of each scholarship awarded
under the PACT scholarship program on a periodic basis determined
by the department to the eligible student's parent or to the
student, if at least eighteen years of age. If the scholarship
amount exceeds the amount of tuition and fees charged by the
eligible nonpublic school the student attends with the
scholarship, as reported under section 3310.27 of the Revised
Code, the department shall pay the excess amount into an education
savings account established for the student under section 3310.30
of the Revised Code. Payments credited to the student's education
savings account shall be made at the end of the school year for
which the scholarship is awarded, and only if the student is
enrolled in an eligible nonpublic school using the scholarship at
the end of the school year.
(B) The department shall proportionately reduce or terminate
the payments for any student who, prior to the end of the school
year, withdraws from an eligible nonpublic school and does not
reenroll in another eligible nonpublic school using the
scholarship.
(C)(1) The department shall deduct from the state education
aid payments made to each school district for each eligible
student awarded a PACT scholarship who is entitled to attend
school in the district an amount equal to the sum of the formula
amount plus the per pupil amount of the base funding supplements
specified in divisions (C)(1) to (4) of section 3317.012 of the
Revised Code for fiscal year 2009.
The difference between each student's scholarship amount and
the amount deducted under this division shall be retained by the
state, except as provided in division (C)(2) of this section.
However, at no time shall the aggregate amount deducted from
a school district under this division exceed the amount of the
district's state education aid.
(2) If the department reduces or terminates payments to a
parent or a student, as prescribed in division (B) of this
section, and the student enrolls in the schools of the student's
resident district, in a community school, or in a STEM school,
before the end of the school year, the department shall
proportionately restore to the resident district the amount
deducted for that student under division (C)(1) of this section.
(D) In the case of any school district from which a deduction
is made under division (C) of this section, the department shall
disclose on the district's SF-3 form, PASS form, or any successor
to those forms used to calculate a district's state funding for
operating expenses, the following:
[(The district's amount per pupil of state funds + the amount of
the district's tax revenue per pupil) X the number of eligible
students entitled to attend school in the district who are awarded
a PACT scholarship] - the amount deducted from the district's
account under division (C) of this section
(1) "Amount per pupil of state funds" means the district's
state education aid divided by its formula ADM.
(2) "Tax revenue per pupil" means the amount computed for the
district under division (A) of section 3317.08 of the Revised
Code.
(3) "Formula ADM" has the same meaning as in section 3317.02
of the Revised Code.
The amount shown on the form as prescribed by this division
is the total amount of state and district funds generated by the
district's PACT scholarship students less the total amount
deducted for those students.
Sec. 3310.29. (A) A nonpublic school shall not receive
payments from a parent or student who is paid a scholarship under
the PACT scholarship program unless it is designated an eligible
nonpublic school, by satisfying one of the following conditions:
(1) The school is a chartered nonpublic school that has
registered with the superintendent of public instruction the
school's intent to accept scholarship students under the program
and its agreement to comply with the requirements of sections
3310.21 to 3310.38 of the Revised Code.
(2) The school is an approved nonpublic school that has
registered with the state superintendent the school's intent to
accept scholarship students under the program and its agreement to
comply with the requirements of sections 3310.21 to 3310.38 of the
Revised Code.
As used in this section, an "approved nonpublic school" means
a nonpublic school that meets both of the following conditions:
(a) The school is in the process of becoming a chartered
nonpublic school and has received a preliminary approval to
operate from the state board of education within the past three
years.
(b) The school files with the state superintendent prior to
the start of the school year one of the following:
(i) A surety bond payable to the state or a letter of credit
with the state as the beneficiary in an amount equal to one-half
of the amount of the scholarship funds under this division
expected to be received during the school year, as determined by
the state superintendent;
(ii) A guarantee in the amount of one million dollars from a
person or organization with a net worth of at least five million
dollars which shall be demonstrated to the satisfaction of the
auditor of state.
(B) To maintain its eligibility to participate in the
program, an eligible nonpublic school annually shall do all of the
following:
(1) Communicate to the department of education the tuition
structure for the school, including all discounts and other
tuition adjustments to which a student may be entitled;
(2) Present to the parent of each student awarded a
scholarship under the program, or the student if at least eighteen
years of age, a statement detailing the tuition and required
student fees that will be subject to payment from the student's
scholarship amount;
(3) Administer the state achievement assessments as
prescribed by section 3310.34 of the Revised Code;
(4) Withdraw from the school any scholarship student as soon
as a determination is made that the student will no longer attend
the school. Withdrawal shall be recorded as the last date that the
student attended classes.
(C) An approved nonpublic school shall be subject to sections
3319.39, 3319.391, and 3319.392 of the Revised Code in the same
manner as a chartered nonpublic school.
Sec. 3310.30. (A) The state board of education and the
treasurer of state jointly shall adopt rules, in accordance with
Chapter 119. of the Revised Code, prescribing procedures for the
establishment of an education savings account for each student
attending an eligible nonpublic school with a scholarship under
the PACT scholarship program and for whom an excess amount has
been determined under section 3310.28 of the Revised Code. Once
the account is established, the department of education shall
transfer the excess amount, determined under section 3310.28 of
the Revised Code, to the treasurer of state, who shall deposit the
aggregate amount transferred into a fund or account the treasurer
of state determines is suitable for the amount transferred. The
moneys transferred under this section shall be in the custody of
the treasurer of state, but shall not be in the state treasury.
The moneys transferred shall be held in trust for the benefit of
the student. The department of education shall maintain the record
of each student's account.
Interest accrued on moneys transferred to the treasurer of
state under this section shall be credited to the parental choice
and taxpayer savings scholarship program support fund established
under section 3310.38 of the Revised Code.
The rules shall prescribe procedures for the administration
of and for the disbursement of moneys credited to each student's
education savings account.
(B) Moneys credited to a student's account may be disbursed
to the student's parent, or the student if at least eighteen years
of age, for use for any of the following:
(1) Tuition and fees at an eligible nonpublic school for any
future school years;
(2) Textbooks required by any eligible nonpublic school or
any college;
(3) Tuition and fees for enrollment in a college;
(4) Fees for national norm-referenced examinations, advanced
placement examinations, and any examinations related to
application for admission to a college.
(C) The department of education shall maintain each account
as long as there are moneys credited to the student in the account
unless either of the following occurs:
(1) The student reaches twenty-five years of age.
(2) The student dies before reaching twenty-five years of
age.
Moneys still credited to a student's account upon the
occurrence of either of the conditions described in divisions
(C)(1) and (2) of this section shall be transferred to the
parental choice and taxpayer savings scholarship program support
fund.
(D) At least annually, the treasurer of state shall report to
the governor and the general assembly, in accordance with section
101.68 of the Revised Code, the total amount of interest credited
to the parental choice and taxpayer savings scholarship program
support fund under division (A) of this section and the total
amount of moneys from students' education savings accounts
transferred to that fund under division (C) of this section.
Sec. 3310.31. (A) Only for the purpose of administering the
PACT scholarship program, the department of education may request
from any of the following entities the data verification code
assigned under division (D)(2) of section 3301.0714 of the Revised
Code to any student who is seeking a scholarship under the
program:
(1) The student's resident district;
(2) If applicable, the community school in which that student
is enrolled;
(3) The independent contractor engaged to create and maintain
student data verification codes.
(B) Upon a request by the department under division (A) of
this section for the data verification code of a student seeking a
scholarship or a request by the student's parent for that code,
the school district or community school shall submit that code to
the department or parent in the manner specified by the
department. If the student has not been assigned a code, because
the student will be entering kindergarten during the school year
for which the scholarship is sought, the district shall assign a
code to that student and submit the code to the department or
parent by a date specified by the department. If the district does
not assign a code to the student by the specified date, the
department shall assign a code to that student.
The department annually shall submit to each school district
the name and data verification code of each student residing in
the district who is entering kindergarten, who has been awarded a
scholarship under the program, and for whom the department has
assigned a code under this division.
(C) For the purpose of administering the applicable
assessments prescribed under sections 3301.0710 and 3301.0712 of
the Revised Code, as required by section 3310.34 of the Revised
Code, the department shall provide to each eligible nonpublic
school that enrolls a scholarship student the data verification
code for that student.
(D) The department and each nonpublic school that receives a
data verification code under this section shall not release that
code to any person except as provided by law.
Any document relative to this program that the department
holds in its files that contains both a student's name or other
personally identifiable information and the student's data
verification code shall not be a public record under section
149.43 of the Revised Code.
Sec. 3310.32. Except as provided in division (D) of section
3310.31 of the Revised Code, documents relative to the PACT
scholarship program that the department of education holds in its
files are public records under section 149.43 of the Revised Code
and may be released pursuant to that section subject to the
provisions of section 3319.321 of the Revised Code and the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended.
Sec. 3310.33. (A) Eligible nonpublic schools under the PACT
scholarship program are authorized to file scholarship
applications on behalf of eligible students and their parents, if
so designated in writing by the student's parent, or the student
if at least eighteen years of age. In no case shall any financial
charge be made to the applicant for application assistance.
(B) No eligible nonpublic school shall charge an eligible
student tuition and fees that exceed the cost of providing the
education to the student. When determining the appropriate tuition
to charge an eligible student under the program, an eligible
nonpublic school shall apply any tuition discounts or rates to
which the student is entitled including, but not limited to,
discounts for siblings in the same school or discounts for the
child of a school employee.
(C) An eligible nonpublic school, pursuant to its own policy,
may treat the amount of a PACT scholarship as a parental resource
and consider its value before awarding any institutional financial
aid.
Sec. 3310.34. Notwithstanding division (K) of section
3301.0711 of the Revised Code, each eligible nonpublic school that
enrolls students awarded scholarships under sections 3310.21 to
3310.38 of the Revised Code annually shall administer the
assessments prescribed by section 3301.0710 or 3301.0712 of the
Revised Code to each scholarship student enrolled in the school in
accordance with section 3301.0711 of the Revised Code. Each
nonpublic school shall report to the department of education the
results of each assessment administered to each scholarship
student under this section.
Nothing in this section requires a nonpublic school to
administer any achievement assessment, except for an Ohio
graduation test prescribed by division (B)(1) of section 3301.0710
of the Revised Code, as required by section 3313.612 of the
Revised Code, to any student enrolled in the school who is not a
scholarship student.
Sec. 3310.35. (A) The department of education annually shall
compile the scores attained by scholarship students to whom an
assessment is administered under section 3310.34 of the Revised
Code. The scores shall be aggregated as follows:
(1) By state, which shall include all students awarded a
scholarship under the PACT scholarship program and who were
required to take an assessment under section 3310.34 of the
Revised Code;
(2) By school district, which shall include all scholarship
students who were required to take an assessment under section
3310.34 of the Revised Code and for whom the district is the
student's resident district;
(3) By eligible nonpublic school, which shall include all
scholarship students enrolled in that school who were required to
take an assessment under section 3310.34 of the Revised Code.
(B) The department shall disaggregate the student performance
data described in division (A) of this section according to the
following categories:
(4) Students who have participated in the scholarship program
for three or more years;
(5) Students who have participated in the scholarship program
for more than one year and less than three years;
(6) Students who have participated in the scholarship program
for one year or less;
(7) Economically disadvantaged students.
(C) To the greatest extent possible, when computing student
performance data under divisions (A) and (B) of this section, the
department shall include student performance growth using the
value-added progress dimension as prescribed by section 3302.021
of the Revised Code.
(D) The department shall post the student performance data
required under divisions (A), (B), and (C) of this section on its
web site and, by the first day of February each year, shall
distribute that data to the parent of each eligible student. In
reporting student performance data under this division, the
department shall not include any data that is statistically
unreliable or that could result in the identification of
individual students. For this purpose, the department shall not
report performance data for any group that contains less than ten
students.
(E) The department shall provide the parent of each
scholarship student with information comparing the student's
performance on the assessments administered under section 3310.34
of the Revised Code with the average performance of similar
students enrolled in the building operated by the student's
resident district that the scholarship student would otherwise
attend. In calculating the performance of similar students, the
department shall consider age, grade, race and ethnicity, gender,
and socioeconomic status.
(F) Only to the extent and in the manner authorized by the
"Family Educational Rights and Privacy Act of 1974," as amended,
20 U.S.C. 1232g, the department shall afford independent research
organizations that are part of or formally affiliated with public
or private universities accredited by a regional accreditation
agency approved by the United States department of education
access to student assessment scores and performance data for the
purpose of conducting longitudinal analysis of PACT scholarship
student performance. Any data released to a research organization
under this division shall not be used to disclose the academic
level of individual students.
Sec. 3310.37. (A) The state board of education shall adopt
rules in accordance with Chapter 119. of the Revised Code
prescribing procedures for the administration of the parental
choice and taxpayer savings scholarship program.
(B) The state board and the department of education shall not
require eligible nonpublic schools to comply with any education
laws or rules or other requirements that are not specified in
sections 3310.21 to 3310.37 of the Revised Code or in rules
necessary for the administration of the program, adopted under
division (A) of this section, and that otherwise would not apply
to an eligible nonpublic school.
Sec. 3310.38. The parental choice and taxpayer savings
scholarship program support fund is hereby established in the
state treasury. The fund shall consist of moneys credited or
transferred from student education savings accounts in the manner
prescribed by section 3310.30 of the Revised Code. Moneys in the
fund shall be used by the department of education to support
administration of the parental choice and taxpayer savings
scholarship program.
Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the
Revised Code:
(A) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the eligible
applicant owes fees for the services provided to the child:
(1) A school district that is not the school district in
which the child is entitled to attend school or the child's school
district of residence, if different;
(2) A public entity other than a school district.
(B) "Child with a disability" and "individualized education
program" have the same meanings as in section 3323.01 of the
Revised Code.
(C) "Eligible applicant" means any of the following:
(1) Either of the natural or adoptive parents of a qualified
special education child, except as otherwise specified in this
division. When the marriage of the natural or adoptive parents of
the student has been terminated by a divorce, dissolution of
marriage, or annulment, or when the natural or adoptive parents of
the student are living separate and apart under a legal separation
decree, and a court has issued an order allocating the parental
rights and responsibilities with respect to the child, "eligible
applicant" means the residential parent as designated by the
court. If the court issues a shared parenting decree, "eligible
applicant" means either parent. "Eligible applicant" does not mean
a parent whose custodial rights have been terminated.
(2) The custodian of a qualified special education child,
when a court has granted temporary, legal, or permanent custody of
the child to an individual other than either of the natural or
adoptive parents of the child or to a government agency;
(3) The guardian of a qualified special education child, when
a court has appointed a guardian for the child;
(4) The grandparent of a qualified special education child,
when the grandparent is the child's attorney in fact under a power
of attorney executed under sections 3109.51 to 3109.62 of the
Revised Code or when the grandparent has executed a caregiver
authorization affidavit under sections 3109.65 to 3109.73 of the
Revised Code;
(5) The surrogate parent appointed for a qualified special
education child pursuant to division (B) of section 3323.05 and
section 3323.051 of the Revised Code;
(6) A qualified special education child, if the child does
not have a custodian or guardian and the child is at least
eighteen years of age.
(D) "Entitled to attend school" means entitled to attend
school in a school district under sections 3313.64 and 3313.65 of
the Revised Code.
(E) "Formula ADM" and "formula amount" have the same meanings
as in section 3317.02 of the Revised Code.
(F) "Qualified special education child" is a child for whom
all of the following conditions apply:
(1) The child is at least five years of age and less than
twenty-two years of age.
(2) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has identified the child as a child with a disability.
(3) The school district in which the child is entitled to
attend school, or the child's school district of residence if
different, has developed an individualized education program under
Chapter 3323. of the Revised Code for the child.
(a) Was enrolled in the schools of the school district in
which the child is entitled to attend school in any grade from
kindergarten through twelve in the school year prior to the school
year in which a scholarship is first sought for the child;
(b) Is eligible to enter school in any grade kindergarten
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship is first sought for the child.
(5) The department of education has not approved a
scholarship for the child under the educational choice scholarship
pilot program, under sections 3310.01 to 3310.17 of the Revised
Code, the parental choice and taxpayer savings scholarship
program, under sections 3310.21 to 3310.38 of the Revised Code,
the autism scholarship program, under section 3310.41 of the
Revised Code, or the pilot project scholarship program, under
sections 3313.974 to 3313.979 of the Revised Code for the same
school year in which a scholarship under the Jon Peterson special
needs scholarship program is sought.
(6) The child and the child's parents are in compliance with
the state compulsory attendance law under Chapter 3321. of the
Revised Code.
(G) "Registered private provider" means a nonpublic school or
other nonpublic entity that has been registered by the
superintendent of public instruction under section 3310.58 of the
Revised Code.
(H) "Scholarship" means a scholarship awarded under the Jon
Peterson special needs scholarship program pursuant to sections
3310.51 to 3310.64 of the Revised Code.
(I) "School district of residence" has the same meaning as in
section 3323.01 of the Revised Code. A community school
established under Chapter 3314. of the Revised Code is not a
"school district of residence" for purposes of sections 3310.51 to
3310.64 of the Revised Code.
(J) "School year" has the same meaning as in section 3313.62
of the Revised Code.
(K) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities.
Sec. 3317.03. (A) The superintendent of each city, local,
and exempted village school district and of each educational
service center shall, for the schools under the superintendent's
supervision, certify to the state board of education on or before
the fifteenth day of October in each year for the first full
school week in October the average daily membership of students
receiving services from schools under the superintendent's
supervision, and the numbers of other students entitled to attend
school in the district under section 3313.64 or 3313.65 of the
Revised Code the superintendent is required to report under this
section, so that the department of education can calculate the
district's formula ADM. If a school under the superintendent's
supervision is closed for one or more days during that week due to
hazardous weather conditions or other circumstances described in
the first paragraph of division (B) of section 3317.01 of the
Revised Code, the superintendent may apply to the superintendent
of public instruction for a waiver, under which the superintendent
of public instruction may exempt the district superintendent from
certifying the average daily membership for that school for that
week and specify an alternate week for certifying the average
daily membership of that school.
The average daily membership during such week shall consist
of the sum of the following:
(1) On an FTE basis, the number of students in grades
kindergarten through twelve receiving any educational services
from the district, except that the following categories of
students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code.
(2) On an FTE basis, the number of students entitled to
attend school in the district pursuant to section 3313.64 or
3313.65 of the Revised Code, but receiving educational services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter 3314. of the
Revised Code, including any participation in a college pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division (I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except when the student is enrolled in the college while also
enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(d) An adjacent or other school district under an open
enrollment policy adopted pursuant to section 3313.98 of the
Revised Code;
(e) An educational service center or cooperative education
district;
(f) Another school district under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 or 3310.28 of the Revised Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under either section 3310.41
or sections 3310.51 to 3310.64 of the Revised Code.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under
Chapter 3328. of the Revised Code.
(3) The number of students enrolled in a joint vocational
school district or under a vocational education compact, excluding
any students entitled to attend school in the district under
section 3313.64 or 3313.65 of the Revised Code who are enrolled in
another school district through an open enrollment policy as
reported under division (A)(2)(d) of this section and then enroll
in a joint vocational school district or under a vocational
education compact;
(4) The number of children with disabilities, other than
preschool children with disabilities, entitled to attend school in
the district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are placed by the district with a county DD board, minus
the number of such children placed with a county DD board in
fiscal year 1998. If this calculation produces a negative number,
the number reported under division (A)(4) of this section shall be
zero.
(B) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, in addition to the average daily membership, each
superintendent shall report separately the following student
counts for the same week for which average daily membership is
certified:
(1) The total average daily membership in regular learning
day classes included in the report under division (A)(1) or (2) of
this section for each of the individual grades kindergarten
through twelve in schools under the superintendent's supervision;
(2) The number of all preschool children with disabilities
enrolled as of the first day of December in classes in the
district that are eligible for approval under division (B) of
section 3317.05 of the Revised Code and the number of those
classes, which shall be reported not later than the fifteenth day
of December, in accordance with rules adopted under that section;
(3) The number of children entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are:
(a) Participating in a pilot project scholarship program
established under sections 3313.974 to 3313.979 of the Revised
Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised
Code, except when the student is enrolled in the college while
also enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(c) Enrolled in an adjacent or other school district under
section 3313.98 of the Revised Code;
(d) Enrolled in a community school established under Chapter
3314. of the Revised Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in
such community school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 or 3310.28 of the Revised
Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code;
(h) Enrolled as a preschool child with a disability in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a program operated by a county DD board
or a state institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school;
(k) Enrolled in a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for the category one
disability described in division (A) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51
to 3310.64 of the Revised Code;
(6) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category two disabilities
described in division (B) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(7) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category three
disabilities described in division (C) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51
to 3310.64 of the Revised Code;
(8) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category four
disabilities described in division (D) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51
to 3310.64 of the Revised Code;
(9) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for the category five
disabilities described in division (E) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51
to 3310.64 of the Revised Code;
(10) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) and under
division (B)(3)(h) of this section receiving special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code, including children
attending a special education program operated by an alternative
public provider or a registered private provider with a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code;
(11) The average daily membership of pupils reported under
division (A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school district or by another district, other than a joint
vocational school district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported under
division (A)(1) or (2) of this section enrolled in category two
vocational education programs or services, described in division
(B) of section 3317.014 of the Revised Code, operated by the
school district or another school district, other than a joint
vocational school district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
Beginning with fiscal year 2010, vocational education ADM
shall not be used to calculate a district's funding but shall be
reported under divisions (B)(11) and (12) of this section for
statistical purposes.
(13) The average number of children transported by the school
district on board-owned or contractor-owned and -operated buses,
reported in accordance with rules adopted by the department of
education;
(14)(a) The number of children, other than preschool children
with disabilities, the district placed with a county DD board in
fiscal year 1998;
(b) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category two disabilities described in division (B)
of section 3317.013 of the Revised Code;
(d) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code.
(C)(1) The average daily membership in divisions (B)(1) to
(12) of this section shall be based upon the number of full-time
equivalent students. The state board of education shall adopt
rules defining full-time equivalent students and for determining
the average daily membership therefrom for the purposes of
divisions (A), (B), and (D) of this section. Each student enrolled
in kindergarten shall be counted as one full-time equivalent
student regardless of whether the student is enrolled in a
part-day or all-day kindergarten class.
(2) A student enrolled in a community school established
under Chapter 3314., a science, technology, engineering, and
mathematics school established under Chapter 3326., or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code shall be counted in the formula ADM and,
if applicable, the category one, two, three, four, five, or six
special education ADM of the school district in which the student
is entitled to attend school under section 3313.64 or 3313.65 of
the Revised Code for the same proportion of the school year that
the student is counted in the enrollment of the community school,
the science, technology, engineering, and mathematics school, or
the college-preparatory boarding school for purposes of section
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding
the number of students reported pursuant to division (B)(3)(d),
(e), (j), or (k) of this section, the department may adjust the
formula ADM of a school district to account for students entitled
to attend school in the district under section 3313.64 or 3313.65
of the Revised Code who are enrolled in a community school, a
science, technology, engineering, and mathematics school, or a
college-preparatory boarding school for only a portion of the
school year.
(3) No child shall be counted as more than a total of one
child in the sum of the average daily memberships of a school
district under division (A), divisions (B)(1) to (12), or division
(D) of this section, except as follows:
(a) A child with a disability described in section 3317.013
of the Revised Code may be counted both in formula ADM and in
category one, two, three, four, five, or six special education ADM
and, if applicable, in category one or two vocational education
ADM. As provided in division (C) of section 3317.02 of the Revised
Code, such a child shall be counted in category one, two, three,
four, five, or six special education ADM in the same proportion
that the child is counted in formula ADM.
(b) A child enrolled in vocational education programs or
classes described in section 3317.014 of the Revised Code may be
counted both in formula ADM and category one or two vocational
education ADM and, if applicable, in category one, two, three,
four, five, or six special education ADM. Such a child shall be
counted in category one or two vocational education ADM in the
same proportion as the percentage of time that the child spends in
the vocational education programs or classes.
(4) Based on the information reported under this section, the
department of education shall determine the total student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district shall certify to the superintendent of public instruction
on or before the fifteenth day of October in each year for the
first full school week in October the formula ADM, for purposes of
section 3318.42 of the Revised Code and for any other purpose
prescribed by law for which "formula ADM" of the joint vocational
district is a factor. If a school operated by the joint vocational
school district is closed for one or more days during that week
due to hazardous weather conditions or other circumstances
described in the first paragraph of division (B) of section
3317.01 of the Revised Code, the superintendent may apply to the
superintendent of public instruction for a waiver, under which the
superintendent of public instruction may exempt the district
superintendent from certifying the formula ADM for that school for
that week and specify an alternate week for certifying the formula
ADM of that school.
The formula ADM, except as otherwise provided in this
division, shall consist of the average daily membership during
such week, on an FTE basis, of the number of students receiving
any educational services from the district, including students
enrolled in a community school established under Chapter 3314. or
a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code who are
attending the joint vocational district under an agreement between
the district board of education and the governing authority of the
community school or the governing body of the science, technology,
engineering, and mathematics school and are entitled to attend
school in a city, local, or exempted village school district whose
territory is part of the territory of the joint vocational
district.
The following categories of students shall not be included in
the determination made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled in the district under an open enrollment policy pursuant
to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in a city, local, or exempted
village school district whose territory is not part of the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, in addition to the formula ADM, each superintendent shall
report separately the average daily membership included in the
report under division (D)(1) of this section for each of the
following categories of students for the same week for which
formula ADM is certified:
(a) Students enrolled in each individual grade included in
the joint vocational district schools;
(b) Children with disabilities receiving special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) Children with disabilities receiving special education
services for the category two disabilities described in division
(B) of section 3317.013 of the Revised Code;
(d) Children with disabilities receiving special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) Children with disabilities receiving special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) Children with disabilities receiving special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) Children with disabilities receiving special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code;
(h) Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or exempted village school
district in which each joint vocational district pupil is entitled
to attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the purpose
of determining average daily membership, the membership figure of
any school shall not include any pupils except those pupils
described by division (A) of this section. The record of
membership for each school shall be maintained in such manner that
no pupil shall be counted as in membership prior to the actual
date of entry in the school and also in such manner that where for
any cause a pupil permanently withdraws from the school that pupil
shall not be counted as in membership from and after the date of
such withdrawal. There shall not be included in the membership of
any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by division (E)(4) of this
section elects to enroll in special courses organized for veterans
for whom tuition is paid under the provisions of federal laws, or
otherwise, that veteran shall not be included in average daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take an
assessment required by section 3301.0711 of the Revised Code if
the superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410 of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
Except as provided in divisions (B)(2) and (F) of this
section, the average daily membership figure of any local, city,
exempted village, or joint vocational school district shall be
determined by dividing the figure representing the sum of the
number of pupils enrolled during each day the school of attendance
is actually open for instruction during the week for which the
average daily membership is being certified by the total number of
days the school was actually open for instruction during that
week. For purposes of state funding, "enrolled" persons are only
those pupils who are attending school, those who have attended
school during the current school year and are absent for
authorized reasons, and those children with disabilities currently
receiving home instruction.
The average daily membership figure of any cooperative
education school district shall be determined in accordance with
rules adopted by the state board of education.
(F)(1) If the formula ADM for the first full school week in
February is at least three per cent greater than that certified
for the first full school week in the preceding October, the
superintendent of schools of any city, exempted village, or joint
vocational school district or educational service center shall
certify such increase to the superintendent of public instruction.
Such certification shall be submitted no later than the fifteenth
day of February. For the balance of the fiscal year, beginning
with the February payments, the superintendent of public
instruction shall use the increased formula ADM in calculating or
recalculating the amounts to be allocated in accordance with
section 3317.022 or 3317.16 of the Revised Code. In no event shall
the superintendent use an increased membership certified to the
superintendent after the fifteenth day of February. Division
(F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number of
classes or units for preschool children with disabilities that are
eligible for approval under division (B) of section 3317.05 of the
Revised Code exceeds the number of units that have been approved
for the year under that division, the superintendent of schools of
any city, exempted village, or cooperative education school
district or educational service center shall make the
certifications required by this section for that day. If the
department determines additional units can be approved for the
fiscal year within any limitations set forth in the acts
appropriating moneys for the funding of such units, the department
shall approve additional units for the fiscal year on the basis of
such average daily membership. For each unit so approved, the
department shall pay an amount computed in the manner prescribed
in section 3317.052 or 3317.19 and section 3317.053 of the Revised
Code.
(3) If a student attending a community school under Chapter
3314., a science, technology, engineering, and mathematics school
established under Chapter 3326., or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code is not
included in the formula ADM certified for the school district in
which the student is entitled to attend school under section
3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the student in accordance with division (C)(2) of this
section, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM. This requirement applies regardless of
whether the student was enrolled, as defined in division (E) of
this section, in the community school, the science, technology,
engineering, and mathematics school, or the college-preparatory
boarding school during the week for which the formula ADM is being
certified.
(4) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter for
the entire fiscal year on the basis of that adjusted formula ADM.
This requirement applies regardless of whether the student was
enrolled, as defined in division (E) of this section, in the
chartered nonpublic school, the school district, or a community
school during the week for which the formula ADM is being
certified.
(5) If a student awarded a scholarship under the parental
choice and taxpayer savings scholarship program is not included in
the formula ADM of the school district from which the department
deducts funds for the scholarship under section 3310.28 of the
Revised Code, the department shall adjust the formula ADM of that
school district to include the student to the extent necessary to
account for the deduction, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in an eligible nonpublic school,
the school district, or a community school during the week for
which the formula ADM is being certified.
(6) If a student awarded a scholarship under the Jon Peterson
special needs scholarship program is not included in the formula
ADM of the school district from which the department deducts funds
for the scholarship under section 3310.55 of the Revised Code, the
department shall adjust the formula ADM of that school district to
include the student to the extent necessary to account for the
deduction, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM. This requirement applies regardless of
whether the student was enrolled, as defined in division (E) of
this section, in an alternative public provider, a registered
private provider, or the school district during the week for which
the formula ADM is being certified.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such superintendent's
supervision, certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The average daily membership of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of
disability described in divisions (A) to (F) of section 3317.013
of the Revised Code;
(ii) The average daily membership of all preschool children
with disabilities in classes or programs approved annually by the
department of education for unit funding under section 3317.05 of
the Revised Code.
(b) The superintendent of an institution with vocational
education units approved under division (A) of section 3317.05 of
the Revised Code shall, for the units under the superintendent's
supervision, certify to the state board of education the average
daily membership in those units, in the manner prescribed by the
superintendent of public instruction.
(2) The superintendent of each county DD board that maintains
special education classes under section 3317.20 of the Revised
Code or units approved pursuant to section 3317.05 of the Revised
Code shall do both of the following:
(a) Certify to the state board, in the manner prescribed by
the board, the average daily membership in classes under section
3317.20 of the Revised Code for each school district that has
placed children in the classes;
(b) Certify to the state board, in the manner prescribed by
the board, the number of all preschool children with disabilities
enrolled as of the first day of December in classes eligible for
approval under division (B) of section 3317.05 of the Revised
Code, and the number of those classes.
(3)(a) If on the first school day of April the number of
classes or units maintained for preschool children with
disabilities by the county DD board that are eligible for approval
under division (B) of section 3317.05 of the Revised Code is
greater than the number of units approved for the year under that
division, the superintendent shall make the certification required
by this section for that day.
(b) If the department determines that additional classes or
units can be approved for the fiscal year within any limitations
set forth in the acts appropriating moneys for the funding of the
classes and units described in division (G)(3)(a) of this section,
the department shall approve and fund additional units for the
fiscal year on the basis of such average daily membership. For
each unit so approved, the department shall pay an amount computed
in the manner prescribed in sections 3317.052 and 3317.053 of the
Revised Code.
(H) Except as provided in division (I) of this section, when
any city, local, or exempted village school district provides
instruction for a nonresident pupil whose attendance is
unauthorized attendance as defined in section 3327.06 of the
Revised Code, that pupil's membership shall not be included in
that district's membership figure used in the calculation of that
district's formula ADM or included in the determination of any
unit approved for the district under section 3317.05 of the
Revised Code. The reporting official shall report separately the
average daily membership of all pupils whose attendance in the
district is unauthorized attendance, and the membership of each
such pupil shall be credited to the school district in which the
pupil is entitled to attend school under division (B) of section
3313.64 or section 3313.65 of the Revised Code as determined by
the department of education.
(I)(1) A city, local, exempted village, or joint vocational
school district admitting a scholarship student of a pilot project
district pursuant to division (C) of section 3313.976 of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year
pursuant to sections 3313.974 to 3313.979 of the Revised Code may
count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend an
alternative school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a manner prescribed by the state board of
education, the applicable average daily memberships for all
students in the cooperative education district, also indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
(K) If the superintendent of public instruction determines
that a component of the average daily membership certified or
reported by a district superintendent, or other reporting entity,
is not correct, the superintendent of public instruction may order
that the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
Sec. 5727.84. (A) As used in this section and sections
5727.85, 5727.86, and 5727.87 of the Revised Code:
(1) "School district" means a city, local, or exempted
village school district.
(2) "Joint vocational school district" means a joint
vocational school district created under section 3311.16 of the
Revised Code, and includes a cooperative education school district
created under section 3311.52 or 3311.521 of the Revised Code and
a county school financing district created under section 3311.50
of the Revised Code.
(3) "Local taxing unit" means a subdivision or taxing unit,
as defined in section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or a township
park district established under section 511.23 of the Revised
Code, but excludes school districts and joint vocational school
districts.
(4) "State education aid," for a school district, means the
following:
(a) For fiscal years prior to fiscal year 2010, the sum of
state aid amounts computed for the district under the following
provisions, as they existed for the applicable fiscal year:
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section
3317.022; divisions (B), (C), and (D) of section 3317.023;
divisions (G), (L), and (N) of section 3317.024; and sections
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and
3317.053 of the Revised Code; and the adjustments required by:
division (C) of section 3310.08; division (C)(2) of section
3310.41; division (C) of section 3314.08; division (D)(2) of
section 3314.091; division (D) of section 3314.13; divisions (E),
(K), (L), (M), and (N) of section 3317.023; division (C) of
section 3317.20; and sections 3313.979 and 3313.981 of the Revised
Code. However, when calculating state education aid for a school
district for fiscal years 2008 and 2009, include the amount
computed for the district under Section 269.20.80 of H.B. 119 of
the 127th general assembly, as subsequently amended, instead of
division (D) of section 3317.022 of the Revised Code; and include
amounts calculated under Section 269.30.80 of H.B. 119 of the
127th general assembly, as subsequently amended.
(b) For fiscal years 2010 and 2011, the sum of the amounts
computed for the district under former sections 3306.052, 3306.12,
3306.13, 3306.19, 3306.191, and 3306.192 of the Revised Code and
the following provisions, as they existed for the applicable
fiscal year: division (G) of section 3317.024; sections 3317.05,
3317.052, and 3317.053 of the Revised Code; and the adjustments
required by division (C) of section 3310.08; division (C)(2) of
section 3310.41; division (C) of section 3314.08; division (D)(2)
of section 3314.091; division (D) of section 3314.13; divisions
(E), (K), (L), (M), and (N) of section 3317.023; division (C) of
section 3317.20; and sections 3313.979, 3313.981, and 3326.33 of
the Revised Code.
(c) For fiscal years 2012 and 2013, the amount paid in
accordance with the section of H.B. 153 of the 129th general
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL
SCHOOL DISTRICTS" and the adjustments required by division (C) of
section 3310.08; division (C) of section 3310.28; division (C)(2)
of section 3310.41; section 3310.55; division (C) of section
3314.08; division (D)(2) of section 3314.091; division (D) of
section 3314.13; divisions (B), (H), (I), (J), and (K) of section
3317.023; division (C) of section 3317.20; and sections 3313.979
and 3313.981 of the Revised Code.
(5) "State education aid," for a joint vocational school
district, means the following:
(a) For fiscal years prior to fiscal year 2010, the sum of
the state aid amounts computed for the district under division (N)
of section 3317.024 and section 3317.16 of the Revised Code.
However, when calculating state education aid for a joint
vocational school district for fiscal years 2008 and 2009, include
the amount computed for the district under Section 269.30.90 of
H.B. 119 of the 127th general assembly, as subsequently amended.
(b) For fiscal years 2010 and 2011, the amount computed for
the district in accordance with the section of H.B. 1 of the 128th
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL
DISTRICTS".
(c) For fiscal years 2012 and 2013, the amount paid in
accordance with the section of H.B. 153 of the 129th general
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."
(6) "State education aid offset" means the amount determined
for each school district or joint vocational school district under
division (A)(1) of section 5727.85 of the Revised Code.
(7) "Recognized valuation" has the same meaning as in section
3317.02 of the Revised Code.
(8) "Electric company tax value loss" means the amount
determined under division (D) of this section.
(9) "Natural gas company tax value loss" means the amount
determined under division (E) of this section.
(10) "Tax value loss" means the sum of the electric company
tax value loss and the natural gas company tax value loss.
(11) "Fixed-rate levy" means any tax levied on property other
than a fixed-sum levy.
(12) "Fixed-rate levy loss" means the amount determined under
division (G) of this section.
(13) "Fixed-sum levy" means a tax levied on property at
whatever rate is required to produce a specified amount of tax
money or levied in excess of the ten-mill limitation to pay debt
charges, and includes school district emergency levies imposed
pursuant to section 5705.194 of the Revised Code.
(14) "Fixed-sum levy loss" means the amount determined under
division (H) of this section.
(15) "Consumer price index" means the consumer price index
(all items, all urban consumers) prepared by the bureau of labor
statistics of the United States department of labor.
(16) "Total resources" has the same meaning as in section
5751.20 of the Revised Code.
(17) "2011 current expense S.B. 3 allocation" means the sum
of payments received by a school district or joint vocational
school district in fiscal year 2011 for current expense levy
losses pursuant to division (C)(2) of section 5727.85 of the
Revised Code. If a fixed-rate levy eligible for reimbursement is
not imposed in any year after tax year 2010, "2011 current expense
S.B. 3 allocation" used to compute payments to be made under
division (C)(3) of section 5727.85 of the Revised Code in the tax
years following the last year the levy is imposed shall be reduced
by the amount of those payments attributable to the fixed-rate
levy loss of that levy.
(18) "2010 current expense S.B. 3 allocation" means the sum
of payments received by a municipal corporation in calendar year
2010 for current expense levy losses pursuant to division (A)(1)
of section 5727.86 of the Revised Code. If a fixed-rate levy
eligible for reimbursement is not imposed in any year after tax
year 2010, "2010 current expense S.B. 3 allocation" used to
compute payments to be made under division (A)(1)(d) of section
5727.86 of the Revised Code in the tax years following the last
year the levy is imposed shall be reduced by the amount of those
payments attributable to the fixed-rate levy loss of that levy.
(19) "2010 S.B. 3 allocation" means the sum of payments
received by a local taxing unit during calendar year 2010 pursuant
to division (A)(1) of section 5727.86 of the Revised Code. If a
fixed-rate levy eligible for reimbursement is not imposed in any
year after tax year 2010, "2010 S.B. 3 allocation" used to compute
payments to be made under division (A)(1)(d) of section 5727.86 of
the Revised Code in the tax years following the last year the levy
is imposed shall be reduced by the amount of those payments
attributable to the fixed-rate levy loss of that levy.
(20) "Total S.B. 3 allocation" means, in the case of a school
district or joint vocational school district, the sum of the
amounts received in fiscal year 2011 pursuant to divisions (C)(2)
and (D) of section 5727.85 of the Revised Code. In the case of a
local taxing unit, "total S.B. 3 allocation" means the sum of
payments received by the unit in calendar year 2010 pursuant to
divisions (A)(1) and (4) of section 5727.86 of the Revised Code.
If a fixed-rate levy eligible for reimbursement is not imposed in
any year after tax year 2010, "total S.B. 3 allocation" used to
compute payments to be made under division (C)(3) of section
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised
Code in the tax years following the last year the levy is imposed
shall be reduced by the amount of those payments attributable to
the fixed-rate levy loss of that levy as would be computed under
division (C)(2) of section 5727.85 or division (A)(1)(b) of
section 5727.86 of the Revised Code.
(21) "2011 non-current expense S.B. 3 allocation" means the
difference of a school district's or joint vocational school
district's total S.B. 3 allocation minus the sum of the school
district's 2011 current expense S.B. 3 allocation and the portion
of the school district's total S.B. 3 allocation constituting
reimbursement for debt levies pursuant to division (D) of section
5727.85 of the Revised Code.
(22) "2010 non-current expense S.B. 3 allocation" means the
difference of a municipal corporation's total S.B. 3 allocation
minus the sum of its 2010 current expense S.B. 3 allocation and
the portion of its total S.B. 3 allocation constituting
reimbursement for debt levies pursuant to division (A)(4) of
section 5727.86 of the Revised Code.
(23) "Threshold per cent" means, in the case of a school
district or joint vocational school district, two per cent for
fiscal year 2012 and four per cent for fiscal years 2013 and
thereafter. In the case of a local taxing unit, "threshold per
cent" means two per cent for calendar year 2011, four per cent for
calendar year 2012, and six per cent for calendar years 2013 and
thereafter.
(B) The kilowatt-hour tax receipts fund is hereby created in
the state treasury and shall consist of money arising from the tax
imposed by section 5727.81 of the Revised Code. All money in the
kilowatt-hour tax receipts fund shall be credited as follows:
Fiscal Year |
General Revenue Fund |
School District Property Tax Replacement Fund |
Local Government Property Tax Replacement Fund |
|
|
2001-2011 |
63.0% |
25.4% |
11.6% |
|
|
2012 and thereafter |
88.0% |
9.0% |
3.0% |
|
|
(C) The natural gas tax receipts fund is hereby created in
the state treasury and shall consist of money arising from the tax
imposed by section 5727.811 of the Revised Code. All money in the
fund shall be credited as follows:
(1) For fiscal years before fiscal year 2012:
(a) Sixty-eight and seven-tenths per cent shall be credited
to the school district property tax replacement fund for the
purpose of making the payments described in section 5727.85 of the
Revised Code.
(b) Thirty-one and three-tenths per cent shall be credited to
the local government property tax replacement fund for the purpose
of making the payments described in section 5727.86 of the Revised
Code.
(2) For fiscal years 2012 and thereafter, one hundred per
cent to the general revenue fund.
(D) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its electric company tax
value loss, which is the sum of the applicable amounts described
in divisions (D)(1) to (4) of this section:
(1) The difference obtained by subtracting the amount
described in division (D)(1)(b) from the amount described in
division (D)(1)(a) of this section.
(a) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 on a preliminary assessment, or an amended
preliminary assessment if issued prior to March 1, 1999, and as
apportioned to the taxing district for tax year 1998;
(b) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 had the property been apportioned to the taxing
district for tax year 2001, and assessed at the rates in effect
for tax year 2001.
(2) The difference obtained by subtracting the amount
described in division (D)(2)(b) from the amount described in
division (D)(2)(a) of this section.
(a) The three-year average for tax years 1996, 1997, and 1998
of the assessed value from nuclear fuel materials and assemblies
assessed against a person under Chapter 5711. of the Revised Code
from the leasing of them to an electric company for those
respective tax years, as reflected in the preliminary assessments;
(b) The three-year average assessed value from nuclear fuel
materials and assemblies assessed under division (D)(2)(a) of this
section for tax years 1996, 1997, and 1998, as reflected in the
preliminary assessments, using an assessment rate of twenty-five
per cent.
(3) In the case of a taxing district having a nuclear power
plant within its territory, any amount, resulting in an electric
company tax value loss, obtained by subtracting the amount
described in division (D)(1) of this section from the difference
obtained by subtracting the amount described in division (D)(3)(b)
of this section from the amount described in division (D)(3)(a) of
this section.
(a) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2000 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2001, and as apportioned to the taxing
district for tax year 2000;
(b) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2001 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2002, and as apportioned to the taxing
district for tax year 2001.
(4) In the case of a taxing district having a nuclear power
plant within its territory, the difference obtained by subtracting
the amount described in division (D)(4)(b) of this section from
the amount described in division (D)(4)(a) of this section,
provided that such difference is greater than ten per cent of the
amount described in division (D)(4)(a) of this section.
(a) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2005 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2006, and as apportioned to the taxing
district for tax year 2005;
(b) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2006 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2007, and as apportioned to the taxing
district for tax year 2006.
(E) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its natural gas company
tax value loss, which is the sum of the amounts described in
divisions (E)(1) and (2) of this section:
(1) The difference obtained by subtracting the amount
described in division (E)(1)(b) from the amount described in
division (E)(1)(a) of this section.
(a) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 on
a preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2000, and apportioned to the taxing
district for tax year 1999;
(b) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 had
the property been apportioned to the taxing district for tax year
2001, and assessed at the rates in effect for tax year 2001.
(2) The difference in the value of current gas obtained by
subtracting the amount described in division (E)(2)(b) from the
amount described in division (E)(2)(a) of this section.
(a) The three-year average assessed value of current gas as
assessed by the tax commissioner for tax years 1997, 1998, and
1999 on a preliminary assessment, or an amended preliminary
assessment if issued prior to March 1, 2001, and as apportioned in
the taxing district for those respective years;
(b) The three-year average assessed value from current gas
under division (E)(2)(a) of this section for tax years 1997, 1998,
and 1999, as reflected in the preliminary assessment, using an
assessment rate of twenty-five per cent.
(F) The tax commissioner may request that natural gas
companies, electric companies, and rural electric companies file a
report to help determine the tax value loss under divisions (D)
and (E) of this section. The report shall be filed within thirty
days of the commissioner's request. A company that fails to file
the report or does not timely file the report is subject to the
penalty in section 5727.60 of the Revised Code.
(G) Not later than January 1, 2002, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its fixed-rate levy loss, which is
the sum of its electric company tax value loss multiplied by the
tax rate in effect in tax year 1998 for fixed-rate levies and its
natural gas company tax value loss multiplied by the tax rate in
effect in tax year 1999 for fixed-rate levies.
(H) Not later than January 1, 2002, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its fixed-sum levy loss, which is
the amount obtained by subtracting the amount described in
division (H)(2) of this section from the amount described in
division (H)(1) of this section:
(1) The sum of the electric company tax value loss multiplied
by the tax rate in effect in tax year 1998, and the natural gas
company tax value loss multiplied by the tax rate in effect in tax
year 1999, for fixed-sum levies for all taxing districts within
each school district, joint vocational school district, and local
taxing unit. For the years 2002 through 2006, this computation
shall include school district emergency levies that existed in
1998 in the case of the electric company tax value loss, and 1999
in the case of the natural gas company tax value loss, and all
other fixed-sum levies that existed in 1998 in the case of the
electric company tax value loss and 1999 in the case of the
natural gas company tax value loss and continue to be charged in
the tax year preceding the distribution year. For the years 2007
through 2016 in the case of school district emergency levies, and
for all years after 2006 in the case of all other fixed-sum
levies, this computation shall exclude all fixed-sum levies that
existed in 1998 in the case of the electric company tax value loss
and 1999 in the case of the natural gas company tax value loss,
but are no longer in effect in the tax year preceding the
distribution year. For the purposes of this section, an emergency
levy that existed in 1998 in the case of the electric company tax
value loss, and 1999 in the case of the natural gas company tax
value loss, continues to exist in a year beginning on or after
January 1, 2007, but before January 1, 2017, if, in that year, the
board of education levies a school district emergency levy for an
annual sum at least equal to the annual sum levied by the board in
tax year 1998 or 1999, respectively, less the amount of the
payment certified under this division for 2002.
(2) The total taxable value in tax year 1999 less the tax
value loss in each school district, joint vocational school
district, and local taxing unit multiplied by one-fourth of one
mill.
If the amount computed under division (H) of this section for
any school district, joint vocational school district, or local
taxing unit is greater than zero, that amount shall equal the
fixed-sum levy loss reimbursed pursuant to division (F) of section
5727.85 of the Revised Code or division (A)(2) of section 5727.86
of the Revised Code, and the one-fourth of one mill that is
subtracted under division (H)(2) of this section shall be
apportioned among all contributing fixed-sum levies in the
proportion of each levy to the sum of all fixed-sum levies within
each school district, joint vocational school district, or local
taxing unit.
(I) Notwithstanding divisions (D), (E), (G), and (H) of this
section, in computing the tax value loss, fixed-rate levy loss,
and fixed-sum levy loss, the tax commissioner shall use the
greater of the 1998 tax rate or the 1999 tax rate in the case of
levy losses associated with the electric company tax value loss,
but the 1999 tax rate shall not include for this purpose any tax
levy approved by the voters after June 30, 1999, and the tax
commissioner shall use the greater of the 1999 or the 2000 tax
rate in the case of levy losses associated with the natural gas
company tax value loss.
(J) Not later than January 1, 2002, the tax commissioner
shall certify to the department of education the tax value loss
determined under divisions (D) and (E) of this section for each
taxing district, the fixed-rate levy loss calculated under
division (G) of this section, and the fixed-sum levy loss
calculated under division (H) of this section. The calculations
under divisions (G) and (H) of this section shall separately
display the levy loss for each levy eligible for reimbursement.
(K) Not later than September 1, 2001, the tax commissioner
shall certify the amount of the fixed-sum levy loss to the county
auditor of each county in which a school district with a fixed-sum
levy loss has territory.
Section 2. That existing sections 109.57, 109.572,
3301.0714, 3310.02, 3310.03, 3310.06, 3310.51, 3317.03, and
5727.84 and section 3310.05 of the Revised Code are hereby
repealed.
Section 3. This act shall be known as the "Parental Choice
and Taxpayer Savings Scholarship Act."
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