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(129th General Assembly)
(Amended Substitute House Bill Number 30)
AN ACT
To amend sections 3301.07, 3301.16, 3302.05, 3302.07,
3306.01, 3306.02, 3306.05, 3306.06, 3306.07,
3306.08, 3306.09, 3306.091, 3306.10, 3315.18,
3315.19, 3316.06, 3316.16, 3317.018, 3317.024,
3321.01, and 3321.05; to enact section 3301.96;
and to repeal sections 3306.18, 3306.25, 3306.30,
3306.31, 3306.33, 3306.34, 3306.35, 3306.40,
3313.821, 3313.822, 3315.17, 3315.171, and
3318.312 of the Revised Code; and to repeal
Section 265.70.70 of Am. Sub. H.B. 1 of the 128th
General Assembly and Section 9 of Sub. H.B. 318 of
the 128th General Assembly to eliminate spending
and reporting requirements related to the school
funding system, to eliminate the prohibition on
unit funding for gifted student services effective
after fiscal year 2011, to eliminate the
requirement that school districts offer all-day
kindergarten, to eliminate the requirement that
school districts annually set aside operating
funds for textbooks and instructional materials,
and to eliminate the requirement that school
districts establish family and civic engagement
teams except as required for implementation of
federal "Race to the Top" grants.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3301.07, 3301.16, 3302.05, 3302.07,
3306.01, 3306.02, 3306.05, 3306.06, 3306.07, 3306.08, 3306.09,
3306.091, 3306.10, 3315.18, 3315.19, 3316.06, 3316.16, 3317.018,
3317.024, 3321.01, and 3321.05 be amended and section 3301.96 of
the Revised Code be enacted to read as follows:
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the powers
otherwise imposed on the state board under the provisions of law,
the board shall have the powers described in this section.
(A) The state board shall exercise policy forming, planning,
and evaluative functions for the public schools of the state
except as otherwise provided by law.
(B)(1) The state board shall exercise leadership in the
improvement of public education in this state, and administer the
educational policies of this state relating to public schools, and
relating to instruction and instructional material, building and
equipment, transportation of pupils, administrative
responsibilities of school officials and personnel, and finance
and organization of school districts, educational service centers,
and territory. Consultative and advisory services in such matters
shall be provided by the board to school districts and educational
service centers of this state.
(2) The state board also shall develop a standard of
financial reporting which shall be used by each school district
board of education and educational service center governing board
to make its financial information and annual budgets for each
school building under its control available to the public in a
format understandable by the average citizen. The format shall
show, among other things, at the district and educational service
center level or at the school building level, as determined
appropriate by the department of education, revenue by source;
expenditures for salaries, wages, and benefits of employees,
showing such amounts separately for classroom teachers, other
employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures.
(C) The state board shall administer and supervise the
allocation and distribution of all state and federal funds for
public school education under the provisions of law, and may
prescribe such systems of accounting as are necessary and proper
to this function. It may require county auditors and treasurers,
boards of education, educational service center governing boards,
treasurers of such boards, teachers, and other school officers and
employees, or other public officers or employees, to file with it
such reports as it may prescribe relating to such funds, or to the
management and condition of such funds.
(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,
XLVII, and LI of the Revised Code a reference is made to standards
prescribed under this section or division (D) of this section,
that reference shall be construed to refer to the standards
prescribed under division (D)(2) of this section, unless the
context specifically indicates a different meaning or intent.
(2) The state board shall formulate and prescribe minimum
standards to be applied to all elementary and secondary schools in
this state for the purpose of requiring a general education of
high quality. Such standards shall provide adequately for: the
licensing of teachers, administrators, and other professional
personnel and their assignment according to training and
qualifications; efficient and effective instructional materials
and equipment, including library facilities; the proper
organization, administration, and supervision of each school,
including regulations for preparing all necessary records and
reports and the preparation of a statement of policies and
objectives for each school; buildings, grounds, health and
sanitary facilities and services; admission of pupils, and such
requirements for their promotion from grade to grade as will
assure that they are capable and prepared for the level of study
to which they are certified; requirements for graduation; and such
other factors as the board finds necessary.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
In the formulation and administration of such standards as
they relate to instructional materials and equipment in public
schools, including library materials, the board shall require that
the material and equipment be aligned with and promote skills
expected under the statewide academic standards adopted under
section 3301.079 of the Revised Code.
(3) In addition to the minimum standards required by division
(D)(2) of this section, the state board shall formulate and
prescribe the following additional minimum operating standards for
school districts:
(a) Standards for the effective and efficient organization,
administration, and supervision of each school district so that it
becomes a thinking and learning organization according to
principles of systems design and collaborative professional
learning communities research as defined by the superintendent of
public instruction, including a focus on the personalized and
individualized needs of each student; a shared responsibility
among school boards, administrators, faculty, and staff to develop
a common vision, mission, and set of guiding principles; a shared
responsibility among school boards, administrators, faculty, and
staff to engage in a process of collective inquiry, action
orientation, and experimentation to ensure the academic success of
all students; commitment to teaching and learning strategies that
utilize technological tools and emphasize inter-disciplinary,
real-world, project-based, and technology-oriented learning
experiences to meet the individual needs of every student;
commitment to high expectations for every student and commitment
to closing the achievement gap so that all students achieve core
knowledge and skills in accordance with the statewide academic
standards adopted under section 3301.079 of the Revised Code;
commitment to the use of assessments to diagnose the needs of each
student; effective connections and relationships with families and
others that support student success; and commitment to the use of
positive behavior intervention supports throughout a district to
ensure a safe and secure learning environment for all students;
(b) Standards for the establishment of business advisory
councils and family and civic engagement teams by school districts
under sections section 3313.82, 3313.821, and 3313.822 of the
Revised Code;
(c) Standards incorporating the classifications for the
components of the adequacy amount under Chapter 3306. of the
Revised Code into core academic strategy components and academic
improvement components, as specified in rules adopted under
section 3306.25 of the Revised Code;
(d) Standards for school district organizational units, as
defined in sections 3306.02 and 3306.04 of the Revised Code, that
require:
(i) The effective and efficient organization, administration,
and supervision of each school district organizational unit so
that it becomes a thinking and learning organization according to
principles of systems design and collaborative professional
learning communities research as defined by the state
superintendent, including a focus on the personalized and
individualized needs of each student; a shared responsibility
among organizational unit administrators, faculty, and staff to
develop a common vision, mission, and set of guiding principles; a
shared responsibility among organizational unit administrators,
faculty, and staff to engage in a process of collective inquiry,
action orientation, and experimentation to ensure the academic
success of all students; commitment to job embedded professional
development and professional mentoring and coaching; established
periods of time for teachers to pursue planning time for the
development of lesson plans, professional development, and shared
learning; commitment to effective management strategies that allow
administrators reasonable access to classrooms for observation and
professional development experiences; commitment to teaching and
learning strategies that utilize technological tools and emphasize
inter-disciplinary, real-world, project-based, and
technology-oriented learning experiences to meet the individual
needs of every student; commitment to high expectations for every
student and commitment to closing the achievement gap so that all
students achieve core knowledge and skills in accordance with the
statewide academic standards adopted under section 3301.079 of the
Revised Code; commitment to the use of assessments to diagnose the
needs of each student; effective connections and relationships
with families and others that support student success; commitment
to the use of positive behavior intervention supports throughout
the organizational unit to ensure a safe and secure learning
environment for all students;
(ii) A school organizational unit leadership team to
coordinate positive behavior intervention supports, family and
civic engagement services, learning environments, thinking and
learning systems, collaborative planning, planning time, student
academic interventions, student extended learning opportunities,
and other activities identified by the team and approved by the
district board of education. The team shall include the building
principal, representatives from each collective bargaining unit,
the building lead teacher, parents, business representatives, and
others that support student success.
(E) The state board may require as part of the health
curriculum information developed under section 2108.34 of the
Revised Code promoting the donation of anatomical gifts pursuant
to Chapter 2108. of the Revised Code and may provide the
information to high schools, educational service centers, and
joint vocational school district boards of education;
(F) The state board shall prepare and submit annually to the
governor and the general assembly a report on the status, needs,
and major problems of the public schools of the state, with
recommendations for necessary legislative action and a ten-year
projection of the state's public and nonpublic school enrollment,
by year and by grade level.
(G) The state board shall prepare and submit to the director
of budget and management the biennial budgetary requests of the
state board of education, for its agencies and for the public
schools of the state.
(H) The state board shall cooperate with federal, state, and
local agencies concerned with the health and welfare of children
and youth of the state.
(I) The state board shall require such reports from school
districts and educational service centers, school officers, and
employees as are necessary and desirable. The superintendents and
treasurers of school districts and educational service centers
shall certify as to the accuracy of all reports required by law or
state board or state department of education rules to be submitted
by the district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, the
state board shall adopt procedures, standards, and guidelines for
the education of children with disabilities pursuant to Chapter
3323. of the Revised Code, including procedures, standards, and
guidelines governing programs and services operated by county
boards of developmental disabilities pursuant to section 3323.09
of the Revised Code.
(K) For the purpose of encouraging the development of special
programs of education for academically gifted children, the state
board shall employ competent persons to analyze and publish data,
promote research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out of
any funds appropriated for this purpose to boards of education and
educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) The state board shall require that all public schools
emphasize and encourage, within existing units of study, the
teaching of energy and resource conservation as recommended to
each district board of education by leading business persons
involved in energy production and conservation, beginning in the
primary grades.
(M) The state board shall formulate and prescribe minimum
standards requiring the use of phonics as a technique in the
teaching of reading in grades kindergarten through three. In
addition, the state board shall provide in-service training
programs for teachers on the use of phonics as a technique in the
teaching of reading in grades kindergarten through three.
(N) The state board may adopt rules necessary for carrying
out any function imposed on it by law, and may provide rules as
are necessary for its government and the government of its
employees, and may delegate to the superintendent of public
instruction the management and administration of any function
imposed on it by law. It may provide for the appointment of board
members to serve on temporary committees established by the board
for such purposes as are necessary. Permanent or standing
committees shall not be created.
Compliance (O) Upon application from the board of education
of a school district, the superintendent of public instruction may
issue a waiver exempting the district from compliance with the
standards adopted under divisions (B)(2) and (D) of this section,
as they relate to the operation of a school operated by a school
the district, may be waived by the state superintendent pursuant
to section 3306.40 of the Revised Code. The state board shall
adopt standards for the approval or disapproval of waivers under
this division. The state superintendent shall consider every
application for a waiver, and shall determine whether to grant or
deny a waiver in accordance with the state board's standards. For
each waiver granted, the state superintendent shall specify the
period of time during which the waiver is in effect, which shall
not exceed five years. A district board may apply to renew a
waiver.
Sec. 3301.16. Pursuant to standards prescribed by the state
board of education as provided in division (D) of section 3301.07
of the Revised Code, the state board shall classify and charter
school districts and individual schools within each district
except that no charter shall be granted to a nonpublic school
unless the school complies with section 3313.612 of the Revised
Code.
In the course of considering the charter of a new school
district created under section 3311.26 or 3311.38 of the Revised
Code, the state board shall require the party proposing creation
of the district to submit to the board a map, certified by the
county auditor of the county in which the proposed new district is
located, showing the boundaries of the proposed new district. In
the case of a proposed new district located in more than one
county, the map shall be certified by the county auditor of each
county in which the proposed district is located.
The state board shall revoke the charter of any school
district or school which fails to meet the standards for
elementary and high schools as prescribed by the board. The state
board shall also revoke the charter of any nonpublic school that
does not comply with section 3313.612 of the Revised Code.
The
state board may revoke the charter of any school district that
fails to meet the operating standards established under division
(D)(3) of section 3301.07 of the Revised Code.
In the issuance and revocation of school district or school
charters, the state board shall be governed by the provisions of
Chapter 119. of the Revised Code.
No school district, or individual school operated by a school
district, shall operate without a charter issued by the state
board under this section.
In case a school district charter is revoked pursuant to this
section, the state board may dissolve the school district and
transfer its territory to one or more adjacent districts. An
equitable division of the funds, property, and indebtedness of the
school district shall be made by the state board among the
receiving districts. The board of education of a receiving
district shall accept such territory pursuant to the order of the
state board. Prior to dissolving the school district, the state
board shall notify the appropriate educational service center
governing board and all adjacent school district boards of
education of its intention to do so. Boards so notified may make
recommendations to the state board regarding the proposed
dissolution and subsequent transfer of territory. Except as
provided in section 3301.161 of the Revised Code, the transfer
ordered by the state board shall become effective on the date
specified by the state board, but the date shall be at least
thirty days following the date of issuance of the order.
A high school is one of higher grade than an elementary
school, in which instruction and training are given in accordance
with sections 3301.07 and 3313.60 of the Revised Code and which
also offers other subjects of study more advanced than those
taught in the elementary schools and such other subjects as may be
approved by the state board of education.
An elementary school is one in which instruction and training
are given in accordance with sections 3301.07 and 3313.60 of the
Revised Code and which offers such other subjects as may be
approved by the state board of education. In districts wherein a
junior high school is maintained, the elementary schools in that
district may be considered to include only the work of the first
six school years inclusive, plus the kindergarten year.
A high school or an elementary school may consist of less
than one or more than one organizational unit, as defined in
sections 3306.02 and 3306.04 of the Revised Code.
Sec. 3301.96. Any school district that is required by the
agreement for a grant awarded under the federal Race to the Top
program, Division (A), Title XIV, Sections 14005 and 14006 of the
"American Recovery and Reinvestment Act of 2009," Pub. L. No.
111-5, 123 Stat. 115, to employ a linkage coordinator and engage
in other activities for closing the achievement gap and increasing
the graduation rate or to have a family and civic engagement team
shall continue to comply with those provisions for the life of the
grant award, in the manner provided for by former sections
3306.31, 3313.821, and 3313.822 of the Revised Code, which
sections were repealed by Sub. H.B. 30 of the 129th general
assembly.
Sec. 3302.05. The state board of education shall adopt rules
freeing school districts declared to be excellent under division
(B)(1) or effective under division (B)(2) of section 3302.03 of
the Revised Code from specified state mandates. Any mandates
included in the rules shall be only those statutes or rules
pertaining to state education requirements. The rules shall not
exempt districts from any standard or requirement of Chapter 3306.
section 3306.09 of the Revised Code or from any operating standard
adopted under division (D)(3) of section 3301.07 of the Revised
Code.
Sec. 3302.07. (A) The board of education of any school
district, the governing board of any educational service center,
or the administrative authority of any chartered nonpublic school
may submit to the state board of education an application
proposing an innovative education pilot program the implementation
of which requires exemptions from specific statutory provisions or
rules. If a district or service center board employs teachers
under a collective bargaining agreement adopted pursuant to
Chapter 4117. of the Revised Code, any application submitted under
this division shall include the written consent of the teachers'
employee representative designated under division (B) of section
4117.04 of the Revised Code. The exemptions requested in the
application shall be limited to any requirement of Title XXXIII of
the Revised Code or of any rule of the state board adopted
pursuant to that title except that the application may not propose
an exemption from any requirement of or rule adopted pursuant to
section 3306.09, Chapter 3307. or 3309., sections 3319.07 to
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an
exemption from any
standard or requirement of Chapter 3306. or
from any operating standard adopted under division (D)(3) of
section 3301.07 of the Revised Code shall be granted only pursuant
to a waiver granted by the superintendent of public instruction
under division (O) of that section 3306.40 of the Revised Code.
(B) The state board of education shall accept any application
submitted in accordance with division (A) of this section. The
superintendent of public instruction shall approve or disapprove
the application in accordance with standards for approval, which
shall be adopted by the state board.
(C) The superintendent of public instruction shall exempt
each district or service center board or chartered nonpublic
school administrative authority with an application approved under
division (B) of this section for a specified period from the
statutory provisions or rules specified in the approved
application. The period of exemption shall not exceed the period
during which the pilot program proposed in the application is
being implemented and a reasonable period to allow for evaluation
of the effectiveness of the program.
Sec. 3306.01. This chapter shall be administered by the
state board of education. The superintendent of public instruction
shall calculate the amounts payable to each school district and
shall certify the amounts payable to each eligible district to the
treasurer of the district as determined under this chapter. As
soon as possible after such amounts are calculated, the
superintendent shall certify to the treasurer of each school
district the district's adjusted charge-off increase, as defined
in section 5705.211 of the Revised Code. No moneys shall be
distributed pursuant to this chapter without the approval of the
controlling board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each school district the district's adequacy amount
utilizing the calculations in sections 3306.03 and 3306.13 of the
Revised Code. The department shall calculate and report separately
for each school district the district's total state and local
funds for its students with disabilities, utilizing the
calculations in sections 3306.05, 3306.11, and 3306.13 of the
Revised Code. The department shall calculate and report separately
for each school district the amount of funding calculated for each
factor of the district's adequacy amount.
Not later than the thirty-first day of August of each fiscal
year, the department of education shall provide to each school
district a preliminary estimate of the amount of funding that the
department calculates the district will receive under section
3306.13 of the Revised Code. Not later than the first day of
December of each fiscal year, the department shall update that
preliminary estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of June.
Unless otherwise provided, the moneys appropriated for each fiscal
year shall be distributed at least monthly to each school
district. The state board shall submit a yearly distribution plan
to the controlling board at its first meeting in July. The state
board shall submit any proposed midyear revision of the plan to
the controlling board in January. Any year-end revision of the
plan shall be submitted to the controlling board in June. If
moneys appropriated for each fiscal year are distributed other
than monthly, such distribution shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as nearly
as possible, one-twelfth of the total amount payable for the
entire year.
Payments shall be calculated to reflect the reporting of
formula ADM. Annualized periodic payments for each school district
shall be based on the district's final student counts verified by
the superintendent of public instruction based on reports under
section 3317.03 of the Revised Code, as adjusted, if so ordered,
under division (K) of that section.
(A) Except as otherwise provided, payments under this chapter
shall be made only to those school districts that comply with
divisions (A)(1) to (3) of this section.
(1) Each city, exempted village, and local school district
shall levy for current operating expenses at least twenty mills.
Levies for joint vocational or cooperative education school
districts or county school financing districts, limited to or to
the extent apportioned to current expenses, shall be included in
this qualification requirement. School district income tax levies
under Chapter 5748. of the Revised Code, limited to or to the
extent apportioned to current operating expenses, shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of section
3317.021 of the Revised Code.
(2) Each city, exempted village, local, and joint vocational
school district, during the school year next preceding the fiscal
year for which payments are calculated under this chapter, shall
meet the requirement of section 3313.48 or 3313.481 of the Revised
Code, with regard to the minimum number of days or hours school
must be open for instruction with pupils in attendance, for
individualized parent-teacher conference and reporting periods,
and for professional meetings of teachers. The superintendent of
public instruction shall waive a number of days in accordance with
section 3317.01 of the Revised Code on which it had been necessary
for a school to be closed because of disease epidemic, hazardous
weather conditions, inoperability of school buses or other
equipment necessary to the school's operation, damage to a school
building, or other temporary circumstances due to utility failure
rendering the school building unfit for school use.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth grade
students were excused from attendance for up to three days or only
a portion of the kindergarten students were in attendance for up
to three days in order to allow for the gradual orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours a school must be open for instruction with pupils
in attendance for the school year succeeding the school year in
which a board of education initiates a plan of operation pursuant
to section 3313.481 of the Revised Code. The minimum requirements
of this section shall again be applicable to the district
beginning with the school year commencing the second July
succeeding the initiation of the plan, and for each school year
thereafter.
A school district shall not be considered to have failed to
comply with this division or section 3313.48 or 3313.481 of the
Revised Code because schools were open for instruction but the
length of the regularly scheduled learning day, for any number of
days during the school year, was reduced by not more than two
hours due to hazardous weather conditions.
(3) Each city, exempted village, local, and joint vocational
school district shall have on file, and shall pay in accordance
with, a teachers' salary schedule which complies with section
3317.13 of the Revised Code.
(B) A school district board of education or educational
service center governing board that has not conformed with other
law, and the rules pursuant thereto, shall not participate in the
distribution of funds authorized by this chapter, except for good
and sufficient reason established to the satisfaction of the state
board of education and the state controlling board.
(C) All funds allocated to school districts under this
chapter, except those specifically allocated for other purposes,
shall be used only to pay current operating expenses or for either
of the following purposes:
(1) The modification or purchase of classroom space to
provide all-day kindergarten as required by section 3321.05 of the
Revised Code, provided the district certifies its shortage of
space for providing all-day kindergarten to the department of
education, in a manner specified by the department;
(2) The modification or purchase of classroom space to reduce
class sizes in grades kindergarten through three to attain the
goal of fifteen students per core teacher, provided the district
certifies its need for additional classroom space to the
department, in a manner specified by the department.
(D) On or before the last day of each month, the department
of education shall certify to the director of budget and
management for payment, for each county:
(1)(a) That portion of the allocation of money under section
3306.13 of the Revised Code that is required to be paid in that
month to each school district located wholly within the county
subsequent to the deductions described in division (D)(1)(b) of
this section;
(b) The amounts deducted from such allocation under sections
3307.31 and 3309.51 of the Revised Code for payment directly to
the school employees and state teachers retirement systems under
such sections.
(2) If the district is located in more than one county, an
apportionment of the amounts that would otherwise be certified
under division (D)(1) of this section. The amounts apportioned to
the county shall equal the amounts certified under division (D)(1)
of this section times the percentage of the district's resident
pupils who reside both in the district and in the county, based on
the average daily membership reported under division (A) of
section 3317.03 of the Revised Code in October of the prior fiscal
year.
Sec. 3306.02. As used in this chapter:
(A) "Adequacy amount" means the amount described in section
3306.03 of the Revised Code.
(B) "Building manager" means a person who supervises the
administrative (non-curricular, non-instructional) functions of
school operation so that a school principal can focus on
supporting instruction, providing instructional leadership, and
engaging teachers as part of the instructional leadership team. A
building manager may be, but is not required to be, a licensed
educator under section 3319.22 of the Revised Code.
(C) "Career-technical education teacher" means an education
professional who holds a valid license to provide specialized
instruction in career and technical courses.
(D)(1) "Category one special education ADM" means a school
district's formula ADM of children whose primary or only
identified disability is a speech and language disability, as this
term is defined pursuant to Chapter 3323. of the Revised Code.
Beginning in fiscal year 2010, for any school district for which
formula ADM means the number verified in the previous fiscal year,
the category one special education ADM also shall be as verified
from the previous year.
(2) "Category two special education ADM" means a school
district's formula ADM of children identified as specific learning
disabled or developmentally disabled, as these terms are defined
pursuant to Chapter 3323. of the Revised Code, or as having an
other health impairment-minor, as defined in this section.
Beginning in fiscal year 2010, for any school district for which
formula ADM means the number verified in the previous fiscal year,
the category two special education ADM also shall be as verified
from the previous year.
(3) "Category three special education ADM" means a school
district's formula ADM of children identified as hearing disabled
or severe behavior disabled, as these terms are defined pursuant
to Chapter 3323. of the Revised Code. Beginning in fiscal year
2010, for any school district for which formula ADM means the
number verified in the previous fiscal year, the category three
special education ADM also shall be as verified from the previous
year.
(4) "Category four special education ADM" means a school
district's formula ADM of children identified as vision impaired,
as this term is defined pursuant to Chapter 3323. of the Revised
Code, or as having an other health impairment-major, as defined in
this section. Beginning in fiscal year 2010, for any school
district for which formula ADM means the number verified in the
previous fiscal year, the category four special education ADM also
shall be as verified from the previous year.
(5) "Category five special education ADM" means a school
district's formula ADM of children identified as orthopedically
disabled or as having multiple disabilities, as these terms are
defined pursuant to Chapter 3323. of the Revised Code. Beginning
in fiscal year 2010, for any school district for which formula ADM
means the number verified in the previous fiscal year, the
category five special education ADM also shall be as verified from
the previous year.
(6) "Category six special education ADM" means a school
district's formula ADM of children identified as autistic, having
traumatic brain injuries, or as both visually and hearing
impaired, as these terms are defined pursuant to Chapter 3323. of
the Revised Code. Beginning in fiscal year 2010, for any school
district for which formula ADM means the number verified in the
previous fiscal year, the category six special education ADM also
shall be as verified from the previous year.
(E) "Class one effective operating tax rate" of a school
district means the quotient obtained by dividing the district's
class one taxes charged and payable for current expenses,
excluding taxes levied under sections 5705.194 to 5705.197,
5705.199, 5705.213, and 5705.219 of the Revised Code, by the
district's class one taxable value.
(F) "Core teacher" means an education professional who
provides instruction in English-language arts, mathematics,
science, social studies, or foreign languages.
(G) "Counselor" means a person with a valid educator license
issued pursuant to section 3319.22 of the Revised Code who
provides pre-college and career counseling, general academic
counseling, course planning, and other counseling services that
are not related to a student's individualized education plan, as
defined in section 3323.01 of the Revised Code.
(H)(1) "Formula ADM" means, for a city, local, or exempted
village school district, the average daily membership described in
division (A) of section 3317.03 of the Revised Code, as verified
by the superintendent of public instruction and adjusted if so
ordered under division (K) of that section, further adjusted by
the department of education, as follows:
(a) Count only twenty per cent of the number of joint
vocational school district students counted under division (A)(3)
of section 3317.03 of the Revised Code;
(b) Add twenty per cent of the number of students who are
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code and are enrolled in another school
district under a career-technical educational compact.
(2) In making calculations under this chapter that utilize
formula ADM, the department shall use the formula ADM derived from
the final, verified, and adjusted average daily membership
described under division (A) of section 3317.03 of the Revised
Code for the prior fiscal year, unless such average daily
membership for the current fiscal year exceeds that number by two
per cent or more. In that case, the department shall derive the
formula ADM from such average daily membership for the current
fiscal year.
(3) For fiscal year 2010, the department shall calculate
formula ADM on the basis of the final, verified, and adjusted
average daily membership, described in division (A) of the version
of section 3317.03 of the Revised Code in effect on and after the
effective date of this amendment July 17, 2009, for October 2008
unless such average daily membership for October 2009 exceeds that
number by two per cent or more. In that case, the department shall
derive the formula ADM from such average daily membership for
October 2009.
(I) "Gifted coordinator" means a person who holds a valid
educator license issued under section 3319.22 of the Revised Code,
meets the qualifications for a gifted coordinator specified in the
operating standards for identifying and serving gifted students
prescribed in rules adopted by the state board of education, and
provides coordination services for gifted students in accordance
with those standards.
(J) "Gifted intervention specialist" means a person who holds
a valid gifted intervention specialist license or endorsement
issued under section 3319.22 of the Revised Code and serves gifted
students in accordance with the operating standards for
identifying and serving gifted students prescribed in rules
adopted by the state board of education.
(K) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
(L) "Lead teacher" means a teacher who provides mentoring and
coaching for new teachers. A lead teacher also assists in
coordinating professional development activities, in the
development of professional learning communities, and in common
planning time, and assists teachers in developing project-based,
real-world learning activities for their students. The lead
teacher position shall be a rotating position in which an
individual shall serve no more than three years. After lead
teacher licenses become available under section 3319.22 of the
Revised Code, only teachers who hold that license shall be
appointed as lead teachers. Until that time, each school district
shall designate qualifications for the lead teacher position that
are comparable to the licensing requirements, and shall give
preference for appointment to the position to teachers who are
certified by the national board for professional teaching
standards or who meet the qualifications for a "master teacher"
established by the educator standards board.
(M) "Limited English proficiency teacher" means a person who
provides instruction in English as a second language.
(N) "Medically fragile child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(O) "Ohio educational challenge factor" means an index to
adjust the funding amount for each school district to account for
student and community socioeconomic factors affecting teacher
recruitment and retention, professional development, and other
factors related to quality instruction. The Ohio educational
challenge factor for each school district includes the district's
college attainment rate of population, wealth per pupil, and
concentration of poverty, and is listed in section 3306.051 of the
Revised Code.
(P) "Organizational unit" means, for the purpose of
calculating a school district's adequacy amount under this
chapter, a unit used to index a school district's formula ADM in
certain grade levels. Calculating the number of organizational
units in a school district functions to allocate the state's
resources in a manner that achieves a thorough, efficient, and
adequate educational system that provides the appropriate services
to students enrolled in that district. In recognition of the fact
that students have different educational needs at each
developmental stage, organizational units group the grade levels
into elementary school units, middle school units, and high school
units. Except as provided in division (C) of section 3306.04 of
the Revised Code, a school district's "organizational units" is
the sum of its elementary school units, middle school units, and
high school units.
(Q) A child may be identified as having an "other health
impairment-major" if the child's condition meets the definition of
"other health impaired" established in rules adopted by the state
board of education prior to July 1, 2001, and if either of the
following apply applies:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child."
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district may
petition the superintendent of public instruction for a
determination that a child is a medically fragile child.
(R) A child may be identified as having an "other health
impairment-minor" if the child's condition meets the definition of
"other health impaired" established in rules adopted by the state
board of education prior to July 1, 2001, but the child's
condition does not meet either of the conditions specified in
division (Q)(1) or (2) of this section.
(S) "Potential value" of a school district means:
(1) For a district with a class one effective operating rate
that is less than twenty and one-tenth effective mills, the sum of
its total taxable value plus its tax exempt value;
(2) For a district with a class one effective operating rate
that is greater than or equal to twenty and one-tenth effective
mills, the sum of its recognized valuation plus its tax exempt
value.
(T) "Principal" means a person who provides management
oversight of building operations, academic leadership for the
teaching professionals, and other administrative duties.
(U) "Property exemption value" means the amount certified for
a school district under divisions (A)(6) and (7) of section
3317.021 of the Revised Code.
(V) "Recognized valuation" means the amount calculated for a
school district pursuant to section 3317.015 of the Revised Code.
(W) "School nurse wellness coordinator" means a person who
has fulfilled the requirements for the issuance of a school nurse
wellness coordinator license under section 3319.221 of the Revised
Code.
(X) "Small school district" means a city, local, or exempted
village school district that has a formula ADM of less than four
hundred eighteen students in grades kindergarten through twelve.
(Y) "Special education" has the same meaning as in section
3323.01 of the Revised Code.
(Z) "Special education teacher" means a teacher who holds the
necessary license issued pursuant to section 3319.22 of the
Revised Code to meet the unique needs of children with
disabilities.
(AA) "Special education teacher's aide" means a person
providing support for special education teachers and other
associated duties.
(BB) "Specialist teacher" means a person holding a valid
educator's license, issued pursuant to section 3319.22 of the
Revised Code, who provides instruction in dance, drama and
theater, music, visual art, or physical education.
(CC) "State share percentage" means the quotient of a school
district's state share of the adequacy amount determined under
section 3306.13 of the Revised Code divided by the total adequacy
amount for the district as described in section 3306.03 of the
Revised Code. If the quotient is a negative number, the district's
state share percentage is zero.
(DD) "Family and community liaisons" means individuals who
provide assistance to students and their families, individuals who
are linkage coordinators as described in section 3306.31 of the
Revised Code, and may include individuals who hold valid licenses
as family liaisons, social workers, and student advocates.
(EE) "Supplemental teacher" means a person holding a valid
educator license issued pursuant to section 3319.22 of the Revised
Code, or qualified to secure such a license and approved by the
school district to provide remedial services, intensive
subject-based instruction, homework help, or other forms of
supplemental instruction.
(FF) "Targeted poverty indicator" means the percentage of a
school district's students who are economically disadvantaged, as
determined for purposes of the report card issued under section
3302.03 of the Revised Code.
(GG) "Tax exempt value" of a school district means the amount
certified for a school district under division (A)(4) of section
3317.021 of the Revised Code.
(HH) "Total taxable value" means the sum of the amounts
certified for a school district under divisions (A)(1) and (2) of
section 3317.021 of the Revised Code.
Sec. 3306.05. (A) The instructional services support
component of the adequacy amount for each city, local, and
exempted village school district is the sum of the following:
(1) The core teacher factor;
(2) The specialist teacher factor;
(3) The lead teacher factor;
(4) The special education teacher factor;
(5) The special education teacher's aide factor;
(6) The limited English proficiency teacher factor;
(7) The supplemental teacher factor.
(B) Each factor listed in division (A) of this section shall
be calculated by multiplying the Ohio educational challenge
factor, specified for the district in section 3306.051 of the
Revised Code, times the statewide base teacher salary of $56,902
in fiscal year 2010 and $57,812 in fiscal year 2011, times the
number of positions funded, as follows:
(1) The number of core teacher positions funded shall be
calculated by dividing the district's formula ADM in grades four
to twelve by twenty-five, and then adding that number to the
quotient of the district's formula ADM in grades kindergarten to
three divided by the following:
(a) In fiscal years 2010 and 2011, nineteen;
(b) In fiscal years 2012 and 2013, seventeen;
(c) In fiscal year 2014 and in each fiscal year thereafter,
fifteen.
(2) The number of specialist teacher positions funded shall
be calculated by multiplying the number of core teacher positions
determined under division (B)(1) of this section for grades
kindergarten to eight by one-fifth, and by multiplying the number
of core teacher positions determined for grades nine to twelve by
one-fourth.
(3) The number of lead teacher positions funded shall equal
the number of the district's organizational units.
(4) The number of special education teacher positions and
special education teacher's aide positions funded shall be
calculated as provided in section 3306.11 of the Revised Code.
(5) The number of limited English proficiency teacher
positions funded shall be calculated by multiplying the district's
formula ADM times the district's percentage of limited English
proficient students, as defined in 20 U.S.C. 7801, and then
dividing that product by one hundred;
(6) The number of supplemental teacher positions funded shall
be calculated by multiplying the district's formula ADM times its
targeted poverty indicator, and then dividing that product by one
hundred.
(C) Each school district shall account separately for
expenditures of the amounts received for instructional services
support under this section and report that information to the
department of education.
Sec. 3306.06. (A) The additional services support component
of the adequacy amount for each city, local, and exempted village
school district is the sum of the following:
(1) The family and community liaison factor;
(2) The counselor factor;
(3) The summer remediation factor;
(4) The school nurse wellness coordinator factor;
(5) The district health professional factor.
(B)(1) The family and community liaison factor shall be
calculated by multiplying the school district's formula ADM times
its targeted poverty indicator and dividing the product by
seventy-five, and then multiplying the quotient by the product of
the applicable Ohio educational challenge factor times $38,633, in
fiscal year 2010, and times $39,381, in fiscal year 2011.
(2) The counselor factor shall be calculated by dividing the
district's formula ADM for grades six to twelve by two hundred
fifty, and then multiplying the quotient by a dollar amount for
each fiscal year established by law. No counselor factor shall be
calculated and paid for fiscal years 2010 and 2011.
(3) The summer remediation program factor shall be calculated
by multiplying the district's formula ADM times its targeted
poverty indicator times fifty per cent, which represents the
anticipated participation rate, dividing that product by thirty,
which is the assumed student-to-teacher ratio for summer
remediation, and multiplying that quotient by the product of
$3,000 times the applicable Ohio educational challenge factor.
(4) The school nurse wellness coordinator factor shall be
calculated by multiplying the number of the district's
organizational units times a dollar amount for each fiscal year
established by law, except that in a small school district, the
school nurse wellness coordinator factor shall be zero. No school
nurse wellness coordinator factor shall be calculated and paid for
fiscal years 2010 and 2011.
(5) The district health professional factor for each district
equals a dollar amount specified by law for each fiscal year. No
district health professional factor shall be calculated and paid
for fiscal years 2010 and 2011.
(C) In adopting expenditure and reporting standards under
section 3306.25 of the Revised Code, the superintendent of public
instruction shall include standards that encourage school
districts to give preference to employing or obtaining the
services of licensed school nurses with funds received for the
school nurse wellness coordinator factor and the district health
professional factor.
(D) Each school district shall account separately for
expenditures of the amounts received for additional services
support under this section and report that information to the
department of education.
Sec. 3306.07. (A) The administrative services support
component of the adequacy amount for each city, local, and
exempted village school district is the sum of the following:
(1) The district administration factor;
(2) The principal factor;
(3) The administrative support personnel factor;
(B)(1) The district administration factor equals $187,176 in
fiscal year 2010 and $190,801 in fiscal year 2011.
(2) The principal factor shall be calculated by multiplying
the number of the district's organizational units times $89,563 in
fiscal year 2010 and $91,297 in fiscal year 2011. However, each
type 1 or type 2 school district shall receive for a principal
factor an amount not less than the applicable dollar amount
specified in this paragraph times the number of school buildings
in the district for which the department of education issued a
report card under section 3302.03 of the Revised Code for the
prior school year. As used in this division, "type 1 school
district" means a school district characterized as a type 1
(rural/agricultural, high poverty, low median income) district,
and "type 2 school district" means a school district characterized
as a type 2 (rural/agricultural, small student population, low
poverty, low to moderate median income), in the typology of
districts published by the department in July 2007.
(3) The administrative support personnel factor is funding
determined for building managers, secretaries, and
noninstructional aides.
(a) The funding for building managers shall be calculated by
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year
2011 times the number of the district's organizational units.
(b) The funding for secretaries shall be calculated by
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year
2011 times the number of the district's organizational units,
where two additional secretaries shall be funded for each high
school organizational unit.
(c) The funding for noninstructional aides shall be a dollar
amount set by law for each fiscal year times the number of the
district's organizational units, where the organizational units
are multiplied by two in the case of elementary school and middle
school organizational units and by three in case of high school
organizational units.
However, each small school district shall receive funding for
one building manager, one secretary, and one noninstructional
aide. Every other city, local, and exempted village school
district shall receive funding for at least one building manager,
one secretary, and one noninstructional aide.
No funding shall be calculated and paid for noninstructional
aides for fiscal years 2010 and 2011.
(C) Each school district shall account separately for the
amounts received for administrative services support under this
section and report that information to the department of
education.
Sec. 3306.08. (A) The operations and maintenance support
component of the adequacy amount for each city, local, and
exempted village school district shall be calculated by
multiplying the district's formula ADM times $884.
(B) The operations and maintenance support for each city,
local, and exempted village school district shall be adjusted by
multiplying the calculated amount by 0.45 in fiscal years 2010 and
2011, and by 0.75 in fiscal years 2012 and 2013.
(C) Each school district shall account separately for
expenditures of the amounts received for operations and
maintenance support under this section and report that information
to the department of education.
Sec. 3306.09. (A) The gifted education support component of
the adequacy amount for each city, local, and exempted village
school district is the sum of the following:
(1) The gifted identification factor;
(2) The gifted coordinator factor;
(3) The gifted intervention specialist factor;
(4) The gifted intervention specialist professional
development factor.
(B)(1) The gifted identification factor shall be calculated
by multiplying the district's formula ADM times $5.
(2) The gifted coordinator factor shall be calculated by
multiplying $66,375 in fiscal year 2010 and $67,660 in fiscal year
2011 times the quotient of the district's formula ADM divided by
two thousand five hundred.
(3) The gifted intervention specialist factor shall be
calculated by multiplying the number of the district's
organizational units times the Ohio educational challenge factor
specified for the district in section 3306.051 of the Revised Code
times the statewide base teacher salary specified in section
3306.05 of the Revised Code.
(4) The gifted intervention specialist professional
development factor shall be calculated by multiplying the number
of the district's organizational units times the
per-teaching-position dollar amount specified for the professional
development factor in division (A)(7) of section 3306.03 of the
Revised Code.
(C) The gifted intervention specialist factor and the gifted
intervention specialist professional development factor for each
city, local, and exempted village school district, shall be
adjusted by multiplying the calculated amount by 0.20 in fiscal
year 2010, by 0.30 in fiscal year 2011, by 0.40 in fiscal years
2012 and 2013, by 0.60 in fiscal years 2014 and 2015, and by 0.80
in fiscal years 2016 and 2017.
(D) A school district that does not submit an annual report
under section 3324.05 of the Revised Code, or that reports zero
students identified as gifted, shall receive zero funding for the
gifted coordinator factor, the gifted intervention specialist
factor, and the gifted intervention specialist professional
development factor.
(E) Each school district shall expend the funds calculated
under the gifted education support component in accordance with
rules adopted under section 3306.25 of the Revised Code by the
state board of education. Those rules shall require that such
funds be spent only for the employment of staff to serve students
identified as gifted, in accordance with Chapter 3324. of the
Revised Code, or for other services to such students. The rules
shall be aligned with the operating standards for identifying and
serving gifted students prescribed in rules adopted by the state
board of education. Notwithstanding anything to the contrary in
section 3306.25 of the Revised Code, the The rules regarding the
expenditure and reporting of funds for the gifted education
support component adopted under
that this section shall take
effect July 1, 2011 2013.
Subject to approval by the department of education, a school
district may use up to fifteen per cent of the portion of the
gifted intervention specialist factor attributable to the grade
six through twelve formula ADM to support access to services
provided by the district that are not services described in
Chapter 3324. of the Revised Code but are specified in gifted
students' written education plans prepared in accordance with the
state board's operating standards for identifying and serving
gifted students.
(F) Each school district shall account separately for
expenditures of the amounts received for gifted identification,
gifted coordinators, gifted intervention specialists, and gifted
intervention specialist professional development under this
section and report that information to the department of
education.
(G)(1) Each city, local, and exempted village school district
that received for fiscal year 2009 unit funding for staff to
provide gifted student services under division (L) of section
3317.024 and division (E) of section 3317.05 of the Revised Code,
as those sections existed for that fiscal year, shall spend in
each fiscal year thereafter for staff to provide services to
identified gifted students from the funds received under this
chapter an amount not less than the aggregate amount received for
such gifted unit funding for fiscal year 2009.
(2) Each city, local, and exempted village school district
that, in fiscal year 2009, received gifted student services from
staff employed for that purpose by an educational service center,
which service center received for fiscal year 2009 unit funding
for gifted student services, shall in each fiscal year thereafter
do either of the following:
(a) Obtain staff to provide gifted student services from an
educational service center that are comparable to the gifted
student staff services provided to the district with gifted unit
funding in fiscal year 2009 by an educational service center;
(b) Spend for staff to provide services to identified gifted
students from the funds received under this chapter an amount not
less than the amount of gifted unit funding expended by an
educational service center in fiscal year 2009 for the district's
students.
(3) No district to which division (G)(1) or (2) of this
section applies shall apply for or receive a waiver under section
3306.40 of the Revised Code from the spending requirements
prescribed in those divisions or under division (E) of this
section.
(4) Each educational service center that received for fiscal
year 2009 unit funding for staff to provide gifted student
services shall spend from its state funds in each fiscal year
thereafter for staff to provide services to identified gifted
students an amount not less than the aggregate amount received for
gifted unit funding for fiscal year 2009. No educational service
center to which division (G)(4) of this section shall receive any
waiver of this requirement.
(H) A city, local, or exempted village school district that
did not receive for fiscal year 2009 unit funding for gifted
student services under division (L) of section 3317.024 and
division (E) of section 3317.05 of the Revised Code, as those
sections existed for that fiscal year, may apply to the
superintendent of public instruction for a waiver under section
3306.40 of the Revised Code from any expenditure requirements
prescribed under division (E) of this section.
Notwithstanding
anything to the contrary in section 3306.40 of the Revised Code,
the The first waiver granted to a district pursuant to this
division shall not be effective for longer than two years, and
any. A district may receive one subsequent renewal of that waiver,
which shall not be effective for longer than one year.
(I) Each school district and educational center shall account
for the funds spent under division (G) of this section and report
that information to the department. The operating standards for
identifying and serving gifted students shall apply to the staff
funded under this section. The department shall monitor and
enforce compliance with the spending requirements in division (G)
of this section.
Sec. 3306.091. (A) The enrichment support component of the
adequacy amount for each city, local, and exempted village school
district shall be calculated by multiplying the district's formula
ADM times $100 times the Ohio educational challenge factor.
(B) The enrichment support for each city, local, and exempted
village school district shall be adjusted by multiplying the
calculated amount by 0.20 in fiscal year 2010, by 0.30 in fiscal
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and
2017.
(C) The enrichment support component shall be used for
purposes other than services for students identified as gifted
delivered in accordance with Chapter 3324. of the Revised Code. A
district may spend the enrichment support component to pay for
enrichment activities that may encourage the intellectual and
creative pursuits of all students, including the fine arts.
(D) Each school district shall account separately for
expenditures of the amounts received for enrichment support under
this section and report that information to the department of
education.
Sec. 3306.10. (A) The technology resources support component
of the adequacy amount for each city, local, and exempted village
school district is the sum of the following:
(1) The licensed librarian and media specialist factor;
(2) The technical equipment factor.
(B)(1) The licensed librarian and media specialist factor
shall be calculated by multiplying the number of the district's
organizational units times $60,000.
(2) The technical equipment factor shall be calculated by
multiplying the district's formula ADM times $250.
(C) The licensed librarian and media specialist factor and
the technical equipment factor for each city, local, and exempted
village school district shall be adjusted by multiplying the
calculated amounts by 0.20 in fiscal year 2010, by 0.30 in fiscal
year 2011, by 0.40 in fiscal years 2012 and 2013, by 0.60 in
fiscal years 2014 and 2015, and by 0.80 in fiscal years 2016 and
2017.
(D) Each school district shall account separately for the
amounts received for technology resources support under this
section and report that information to the department of
education.
Sec. 3315.18. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall establish a capital and maintenance fund. Each board
annually shall deposit into that fund an amount derived from
revenues received by the district that would otherwise have been
deposited in the general fund that is equal to three per cent of
the formula amount for the preceding fiscal year, as defined in
section 3317.02 of the Revised Code, or another percentage if
established by the auditor of state under division (B) of this
section, multiplied by the district's student population for the
preceding fiscal year, except that money received from a permanent
improvement levy authorized by section 5705.21 of the Revised Code
may replace general revenue moneys in meeting the requirements of
this section. Money in the fund shall be used solely for
acquisition, replacement, enhancement, maintenance, or repair of
permanent improvements, as that term is defined in section 5705.01
of the Revised Code. Any money in the fund that is not used in any
fiscal year shall carry forward to the next fiscal year.
(B) The state superintendent of public instruction and the
auditor of state jointly shall adopt rules in accordance with
Chapter 119. of the Revised Code defining what constitutes
expenditures permitted by division (A) of this section. The
auditor of state may designate a percentage, other than three per
cent, of the formula amount multiplied by the district's student
population that must be deposited into the fund.
(C) Within its capital and maintenance fund, a school
district board of education may establish a separate account
solely for the purpose of depositing funds transferred from the
district's reserve balance account established under former
division (H) of section 5705.29 of the Revised Code. After April
10, 2001, a board may deposit all or part of the funds formerly
included in such reserve balance account in the separate account
established under this section. Funds deposited in this separate
account and interest on such funds shall be utilized solely for
the purpose of providing the district's portion of the basic
project costs of any project undertaken in accordance with Chapter
3318. of the Revised Code.
(D)(1) Notwithstanding division (A) of this section, in any
year a district is in fiscal emergency status as declared pursuant
to section 3316.03 of the Revised Code, the district may deposit
an amount less than required by division (A) of this section, or
make no deposit, into the district capital and maintenance fund
for that year.
(2) Notwithstanding division (A) of this section, in any
fiscal year that a school district is either in fiscal watch
status, as declared pursuant to section 3316.03 of the Revised
Code, or in fiscal caution status, as declared pursuant to section
3316.031 of the Revised Code, the district may apply to the
superintendent of public instruction for a waiver from the
requirements of division (A) of this section, under which the
district may be permitted to deposit an amount less than required
by that division or permitted to make no deposit into the district
capital and maintenance fund for that year. The superintendent may
grant a waiver under division (D)(2) of this section if the
district demonstrates to the satisfaction of the superintendent
that compliance with division (A) of this section that year will
create an undue financial hardship on the district.
(3) Notwithstanding division (A) of this section, not more
often than one fiscal year in every three consecutive fiscal
years, any school district that does not satisfy the conditions
for the exemption described in division (D)(1) of this section or
the conditions to apply for the waiver described in division
(D)(2) of this section may apply to the superintendent of public
instruction for a waiver from the requirements of division (A) of
this section, under which the district may be permitted to deposit
an amount less than required by that division or permitted to make
no deposit into the district capital and maintenance fund for that
year. The superintendent may grant a waiver under division (D)(3)
of this section if the district demonstrates to the satisfaction
of the superintendent that compliance with division (A) of this
section that year will necessitate the reduction or elimination of
a program currently offered by the district that is critical to
the academic success of students of the district and that no
reasonable alternatives exist for spending reductions in other
areas of operation within the district that negate the necessity
of the reduction or elimination of that program.
(E) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of agreements between
employee organizations and public employers entered into after
November 21, 1997.
(F) As used in this section, "student population" means the
average, daily, full-time equivalent number of students in
kindergarten through twelfth grade receiving any educational
services from the school district during the first full school
week in October, excluding students enrolled in adult education
classes, but including all of the following:
(1) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(2) 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;
(3) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
The department of education shall determine a district's
student population using data reported to it under section 3317.03
of the Revised Code for the applicable fiscal year.
Sec. 3315.19. Notwithstanding the provisions of sections
3315.17 and section 3315.18 of the Revised Code as they exist it
exists after
the effective date of this section
July 1, 2001, the
board of education of any school district annually may elect to
set aside funds for textbooks and instructional materials or for
capital and maintenance in accordance with the provisions of those
sections that section as
they it existed prior to
the effective
date of this section
July 1, 2001, and the rules adopted under
those sections that section. Any district board making such an
election under this section shall notify the auditor of state
within ninety days after the beginning of the fiscal year whether
the district intends to comply with the provisions of one or both
former sections section 3315.18 of the Revised Code. A school
district making an election under this section shall not be
required to comply, during the fiscal year of the election, with
the provisions of the applicable sections section 3315.18 of the
Revised Code as they exist it exists after
the effective date of
this section
July 1, 2001.
Sec. 3316.06. (A) Within one hundred twenty days after the
first meeting of a school district financial planning and
supervision commission, the commission shall adopt a financial
recovery plan regarding the school district for which the
commission was created. During the formulation of the plan, the
commission shall seek appropriate input from the school district
board and from the community. This plan shall contain the
following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared to
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and all
past-due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds, except that
any prior year deficits in the textbook and instructional
materials fund established pursuant to section 3315.17 of the
Revised Code and the capital and maintenance fund established
pursuant to section 3315.18 of the Revised Code shall be forgiven;
(d) Restore to special funds any moneys from such funds that
were used for purposes not within the purposes of such funds, or
borrowed from such funds by the purchase of debt obligations of
the school district with the moneys of such funds, or missing from
the special funds and not accounted for, if any;
(e) Balance the budget, avoid future deficits in any funds,
and maintain on a current basis payments of payroll, fringe
benefits, and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market
long-term general obligation bonds under provisions of law
applicable to school districts generally.
(2) The management structure that will enable the school
district to take the actions enumerated in division (A)(1) of this
section. The plan shall specify the level of fiscal and management
control that the commission will exercise within the school
district during the period of fiscal emergency, and shall
enumerate respectively, the powers and duties of the commission
and the powers and duties of the school board during that period.
The commission may elect to assume any of the powers and duties of
the school board it considers necessary, including all powers
related to personnel, curriculum, and legal issues in order to
successfully implement the actions described in division (A)(1) of
this section.
(3) The target dates for the commencement, progress upon, and
completion of the actions enumerated in division (A)(1) of this
section and a reasonable period of time expected to be required to
implement the plan. The commission shall prepare a reasonable time
schedule for progress toward and achievement of the requirements
for the plan, and the plan shall be consistent with that time
schedule.
(4) The amount and purpose of any issue of debt obligations
that will be issued, together with assurances that any such debt
obligations that will be issued will not exceed debt limits
supported by appropriate certifications by the fiscal officer of
the school district and the county auditor. Debt obligations
issued pursuant to section 133.301 of the Revised Code shall
include assurances that such debt shall be in an amount not to
exceed the amount certified under division (B) of such section. If
the commission considers it necessary in order to maintain or
improve educational opportunities of pupils in the school
district, the plan may include a proposal to restructure or
refinance outstanding debt obligations incurred by the board under
section 3313.483 of the Revised Code contingent upon the approval,
during the period of the fiscal emergency, by district voters of a
tax levied under section 718.09, 718.10, 5705.194, 5705.21,
5748.02, or 5748.08 of the Revised Code that is not a renewal or
replacement levy, or a levy under section 5705.199 of the Revised
Code, and that will provide new operating revenue. Notwithstanding
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of
the Revised Code, following the required approval of the district
voters and with the approval of the commission, the school
district may issue securities to evidence the restructuring or
refinancing. Those securities may extend the original period for
repayment, not to exceed ten years, and may alter the frequency
and amount of repayments, interest or other financing charges, and
other terms of agreements under which the debt originally was
contracted, at the discretion of the commission, provided that any
loans received pursuant to section 3313.483 of the Revised Code
shall be paid from funds the district would otherwise receive
under Chapter 3306. of the Revised Code, as required under
division (E)(3) of section 3313.483 of the Revised Code. The
securities issued for the purpose of restructuring or refinancing
the debt shall be repaid in equal payments and at equal intervals
over the term of the debt and are not eligible to be included in
any subsequent proposal for the purpose of restructuring or
refinancing debt under this section.
(B) Any financial recovery plan may be amended subsequent to
its adoption. Each financial recovery plan shall be updated
annually.
(C) Each school district financial planning and supervision
commission shall submit the financial recovery plan it adopts or
updates under this section to the state superintendent of public
instruction for approval immediately following its adoption or
updating. The state superintendent shall evaluate the plan and
either approve or disapprove it within thirty calendar days from
the date of its submission. If the plan is disapproved, the state
superintendent shall recommend modifications that will render it
acceptable. No financial planning and supervision commission shall
implement a financial recovery plan that is adopted or updated on
or after April 10, 2001, unless the state superintendent has
approved it.
Sec. 3316.16. (A) A school district financial planning and
supervision commission, with respect to its functions under this
chapter, shall continue in existence until such time as a
determination is made under division (B) of this section that all
of the following have occurred:
(1) An effective financial accounting and reporting system in
accordance with section 3316.10 of the Revised Code is in the
process of being implemented, and it is reasonably expected that
this implementation will be completed within two years.
(2) All of the fiscal emergency conditions determined
pursuant to division (B) of section 3316.03 of the Revised Code
have been corrected or eliminated, and no new fiscal emergency
conditions have occurred.
(3) The objectives of the financial recovery plan described
in section 3316.06 of the Revised Code are being met.
(4) The school district board has prepared a financial
forecast for a five-year period in accordance with the standards
issued by the auditor of state and an opinion has been rendered by
the auditor of state that the financial forecast is considered to
be nonadverse. The forecast shall display the district's projected
compliance with sections 3315.17 and section 3315.18 of the
Revised Code beginning in the year the commission is proposed for
termination.
(B) The determination that all conditions listed in division
(A) of this section for the termination of the existence of the
commission and its functions exist may be made either by the
auditor of state or by the commission and shall be certified to
the commission, the auditor of state, the governor, the director
of budget and management, and the budget commission, whereupon
such commission and its functions under this chapter shall
terminate. This determination shall be made by the auditor of
state upon the filing with the auditor of state of a written
request for such a determination by the school district board, the
governor, or the commission, or may be made by the auditor of
state upon the auditor of state's own initiative.
(C) The commission shall prepare and submit at the time of
such certification a final report of its activities, in such form
as is appropriate for the purpose of providing a record of its
activities and assisting other commissions created under this
chapter in the conduct of their functions. All of the books and
records of the commission shall be delivered to the auditor of
state for retention and safekeeping.
(D) Upon receipt of the certification provided for in
division (B) of this section, the director of budget and
management shall follow the procedures set forth in section 126.29
of the Revised Code.
(E) If, at the time of termination of the commission, an
effective financial accounting and reporting system has not been
fully implemented, the auditor of state shall monitor the progress
of implementation and shall exercise authority under this section
and Chapter 117. of the Revised Code to secure full implementation
at the earliest time feasible but within two years after such
termination.
Sec. 3317.018. (A) The department of education shall make no
calculations or payments under Chapter 3317. of the Revised Code
for any fiscal year except as prescribed in this section.
(B) School districts shall report student enrollment data as
prescribed by section 3317.03 of the Revised Code, which data the
department shall use to make payments under Chapters 3306. and
3317. of the Revised Code.
(C) The tax commissioner shall report data regarding tax
valuation and receipts for school districts as prescribed by
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of
section 3317.02 of the Revised Code, which data the department
shall use to make payments under Chapters 3306. and 3317. of the
Revised Code.
(D) Unless otherwise specified by another provision of law,
in addition to the payments prescribed by Chapter 3306. of the
Revised Code, the department shall continue to make payments to or
adjustments for school districts in fiscal years after fiscal year
2009 under the following provisions of Chapter 3317. of the
Revised Code:
(1) The catastrophic cost reimbursement under division (C)(3)
of section 3317.022 of the Revised Code. No other payments shall
be made under that section.
(2) All payments or adjustments under section 3317.023 of the
Revised Code, except no payments or adjustments shall be made
under divisions (B), (C), and (D) of that section.
(3) All payments or adjustments under section 3317.024 of the
Revised Code, except no payments or adjustments shall be made
under divisions (F), (L), and (N) of that section for fiscal years
after fiscal year 2009 or under division (L) of that section for
fiscal years 2010 and 2011.
(4) All payments and adjustments under sections 3317.025,
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the
Revised Code;
(5) Payments under section 3317.04 of the Revised Code;
(6) Unit payments under sections 3317.05, 3317.051, 3317.052,
and 3317.053 of the Revised Code, except that no units for gifted
funding are authorized after fiscal year 2009 for fiscal years
2010 and 2011.
(7) Payments under sections 3317.06, 3317.063, and 3317.064
of the Revised Code;
(8) Payments under section 3317.07 of the Revised Code;
(9) Payments to educational service centers under section
3317.11 of the Revised Code;
(10) The catastrophic cost reimbursement under division (E)
of section 3317.16 of the Revised Code and excess cost
reimbursements under division (G) of that section. No other
payments shall be made under that section;
(11) Payments under section 3317.17 of the Revised Code;
(12) Adjustments under section 3317.18 of the Revised Code;
(13) Payments to cooperative education school districts under
section 3317.19 of the Revised Code;
(14) Payments to county MR/DD boards under section 3317.20 of
the Revised Code;
(15) Payments to state institutions for weighted special
education funding under section 3317.201 of the Revised Code.
(E) Sections 3317.016 and 3317.017 shall not apply to fiscal
years after fiscal year 2009.
(F) This section does not affect the provisions of sections
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15,
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised
Code.
Sec. 3317.024. The following shall be distributed monthly,
quarterly, or annually as may be determined by the state board of
education, except that the department of education shall not make
payments under divisions (F), (L), and (N) of this section for any
fiscal year after fiscal year 2009 or under division (L) of this
section for fiscal year 2010 or 2011:
(A) An amount for each island school district and each joint
state school district for the operation of each high school and
each elementary school maintained within such district and for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board of
education.
(B) An amount for each school district operating classes for
children of migrant workers who are unable to be in attendance in
an Ohio school during the entire regular school year. The amounts
shall be determined on the basis of standards adopted by the state
board of education, except that payment shall be made only for
subjects regularly offered by the school district providing the
classes.
(C) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(D) An amount for the emergency purchase of school buses as
provided for in section 3317.07 of the Revised Code;
(E) An amount for each school district required to pay
tuition for a child in an institution maintained by the department
of youth services pursuant to section 3317.082 of the Revised
Code, provided the child was not included in the calculation of
the district's average daily membership for the preceding school
year.
(F) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(G) An amount for the approved cost of transporting eligible
pupils with disabilities attending a special education program
approved by the department of education whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for the cost of transporting any pupil
whom it transports by regular school bus and who is included in
the district's transportation ADM. The state board of education
shall establish standards and guidelines for use by the department
of education in determining the approved cost of such
transportation for each district or service center.
(H) An amount to each school district, including each
cooperative education school district, pursuant to section 3313.81
of the Revised Code to assist in providing free lunches to needy
children and an amount to assist needy school districts in
purchasing necessary equipment for food preparation. The amounts
shall be determined on the basis of rules adopted by the state
board of education.
(I) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each school
year.
(J) An amount for each county DD board, distributed on the
basis of standards adopted by the state board of education, for
the approved cost of transportation required for children
attending special education programs operated by the county DD
board under section 3323.09 of the Revised Code;
(K) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state board
of education. No school district shall be required to establish or
maintain such a program in any year unless sufficient funds are
appropriated to cover the district's total costs for the program.
(L) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such unit
shall be the sum of the minimum salary for the teacher of the
unit, calculated on the basis of the teacher's training level and
years of experience pursuant to the salary schedule prescribed in
the version of section 3317.13 of the Revised Code in effect prior
to July 1, 2001, plus fifteen per cent of that minimum salary
amount, plus two thousand six hundred seventy-eight dollars.
(M) An amount to each institution defined under section
3317.082 of the Revised Code providing elementary or secondary
education to children other than children receiving special
education under section 3323.091 of the Revised Code. This amount
for any institution in any fiscal year shall equal the total of
all tuition amounts required to be paid to the institution under
division (A)(1) of section 3317.082 of the Revised Code.
(N) A grant to each school district and joint vocational
school district that operates a "graduation, reality, and
dual-role skills" (GRADS) program for pregnant and parenting
students that is approved by the department. The amount of the
payment shall be the district's state share percentage, as defined
in section 3317.022 or 3317.16 of the Revised Code, times the
GRADS personnel allowance times the full-time-equivalent number of
GRADS teachers approved by the department. The GRADS personnel
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS
program shall include instruction on adoption as an option for
unintended pregnancies.
The state board of education or any other board of education
or governing board may provide for any resident of a district or
educational service center territory any educational service for
which funds are made available to the board by the United States
under the authority of public law, whether such funds come
directly or indirectly from the United States or any agency or
department thereof or through the state or any agency, department,
or political subdivision thereof.
Sec. 3321.01. (A)(1) As used in this chapter, "parent,"
"guardian," or "other person having charge or care of a child"
means either parent unless the parents are separated or divorced
or their marriage has been dissolved or annulled, in which case
"parent" means the parent who is the residential parent and legal
custodian of the child. If the child is in the legal or permanent
custody of a person or government agency, "parent" means that
person or government agency. When a child is a resident of a home,
as defined in section 3313.64 of the Revised Code, and the child's
parent is not a resident of this state, "parent," "guardian," or
"other person having charge or care of a child" means the head of
the home.
A child between six and eighteen years of age is "of
compulsory school age" for the purpose of sections 3321.01 to
3321.13 of the Revised Code. A child under six years of age who
has been enrolled in kindergarten also shall be considered "of
compulsory school age" for the purpose of sections 3321.01 to
3321.13 of the Revised Code unless at any time the child's parent
or guardian, at the parent's or guardian's discretion and in
consultation with the child's teacher and principal, formally
withdraws the child from kindergarten. The compulsory school age
of a child shall not commence until the beginning of the term of
such schools, or other time in the school year fixed by the rules
of the board of the district in which the child resides.
(2) No child shall be admitted to a kindergarten or a first
grade of a public school in a district in which all children are
admitted to kindergarten and the first grade in August or
September unless the child is five or six years of age,
respectively, by the thirtieth day of September of the year of
admittance, or by the first day of a term or semester other than
one beginning in August or September in school districts granting
admittance at the beginning of such term or semester, except that
in those school districts using or obtaining educationally
accepted standardized testing programs for determining entrance,
as approved by the board of education of such districts, the board
shall admit a child to kindergarten or the first grade who fails
to meet the age requirement, provided the child meets necessary
standards as determined by such standardized testing programs. If
the board of education has not established a standardized testing
program, the board shall designate the necessary standards and a
testing program it will accept for the purpose of admitting a
child to kindergarten or first grade who fails to meet the age
requirement. Each child who will be the proper age for entrance to
kindergarten or first grade by the first day of January of the
school year for which admission is requested shall be so tested
upon the request of the child's parent.
(3) Notwithstanding divisions (A)(2) and (D) of this section,
beginning with the school year that starts in 2001 and continuing
thereafter the board of education of any district may adopt a
resolution establishing the first day of August in lieu of the
thirtieth day of September as the required date by which students
must have attained the age specified in those divisions.
(B) As used in divisions (C) and (D) of this section,
"successfully completed kindergarten" and "successful completion
of kindergarten" mean that the child has completed the
kindergarten requirements at one of the following:
(1) A public or chartered nonpublic school;
(2) A kindergarten class that is both of the following:
(a) Offered by a day-care provider licensed under Chapter
5104. of the Revised Code;
(b) If offered after July 1, 1991, is directly taught by a
teacher who holds one of the following:
(i) A valid educator license issued under section 3319.22 of
the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate
diploma granted by the American Montessori society or the
association Montessori internationale;
(iii) Certification determined under division (G) of this
section to be equivalent to that described in division
(B)(2)(b)(ii) of this section;
(iv) Certification for teachers in nontax-supported schools
pursuant to section 3301.071 of the Revised Code.
(C) Except as provided in division (D) of this section, no
school district shall admit to the first grade any child who has
not successfully completed kindergarten.
(D) Upon request of a parent, the requirement of division (C)
of this section may be waived by the district's pupil personnel
services committee in the case of a child who is at least six
years of age by the thirtieth day of September of the year of
admittance and who demonstrates to the satisfaction of the
committee the possession of the social, emotional, and cognitive
skills necessary for first grade.
The board of education of each city, local, and exempted
village school district shall establish a pupil personnel services
committee. The committee shall be composed of all of the following
to the extent such personnel are either employed by the district
or employed by the governing board of the educational service
center within whose territory the district is located and the
educational service center generally furnishes the services of
such personnel to the district:
(1) The director of pupil personnel services;
(2) An elementary school counselor;
(3) An elementary school principal;
(4) A school psychologist;
(5) A teacher assigned to teach first grade;
(6) A gifted coordinator.
The responsibilities of the pupil personnel services
committee shall be limited to the issuing of waivers allowing
admittance to the first grade without the successful completion of
kindergarten. The committee shall have no other authority except
as specified in this section.
(E) The scheduling of times for kindergarten classes and
length of the school day for kindergarten shall be determined by
the board of education of a city, exempted village, or local
school district, subject to section 3321.05 of the Revised Code.
(F) Any kindergarten class offered by a day-care provider or
school described by division (B)(1) or (B)(2)(a) of this section
shall be developmentally appropriate.
(G) Upon written request of a day-care provider described by
division (B)(2)(a) of this section, the department of education
shall determine whether certification held by a teacher employed
by the provider meets the requirement of division (B)(2)(b)(iii)
of this section and, if so, shall furnish the provider a statement
to that effect.
(H) As used in this division, "all-day kindergarten" has the
same meaning as in section 3321.05 of the Revised Code.
(1) Any school district that did not receive for fiscal year
2009 poverty-based assistance for all-day kindergarten under
division (D) of section 3317.029 of the Revised Code may charge
fees or tuition for students enrolled in all-day kindergarten. If
a district charges fees or tuition for all-day kindergarten under
this division, the district shall develop a sliding fee scale
based on family incomes.
(2) The department of education shall conduct an annual
survey of each school district described in division (H)(1) of
this section to determine the following:
(1)(a) Whether the district charges fees or tuition for
students enrolled in all-day kindergarten;
(b) The amount of the fees or tuition charged;
(c) How many of the students for whom tuition is charged are
eligible for free lunches under the "National School Lunch Act,"
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended,
and how many of the students for whom tuition is charged are
eligible for reduced price lunches under those acts;
(2)(d) How many students are enrolled in traditional half-day
kindergarten
and how many students are enrolled in rather than
all-day kindergarten, as defined in section 3321.05 of the Revised
Code.
Each district shall report to the department, in the manner
prescribed by the department, the information required by this
division described in divisions (H)(2)(a) to (d) of this section.
The department shall issue an annual report on the results of
the survey and shall post the report on its web site. The
department shall issue the first report not later than April 30,
2008, and shall issue a report not later than the thirtieth day of
April each year thereafter.
Sec. 3321.05. (A) As used in this section, "all-day
kindergarten" means a kindergarten class that is in session five
days per week for not less than the same number of clock hours
each day as for students in grades one through six.
(B) Any school district may operate all-day kindergarten or
extended kindergarten, but beginning in fiscal year 2011, each
city, local, and exempted village school district shall provide
all-day kindergarten to each student enrolled in kindergarten,
except as specified in divisions (C) and (D) of this section.
(C) The board of education of a school district may apply to
the superintendent of public instruction for a waiver of the
requirement to provide all-day kindergarten for all kindergarten
students. In making the determination to grant or deny the waiver,
the state superintendent may consider space concerns or
alternative delivery approaches used by the school district.
(D) No no district shall require any student to attend
kindergarten for more than one-half of the number of clock hours
required each day for grades one through six traditional
kindergarten by the minimum standards adopted under division (D)
of section 3301.07 of the Revised Code. Each school district that
operates all-day or extended kindergarten shall accommodate
kindergarten students whose parents or guardians elect to enroll
them for
one-half of the minimum number of hours required each
day for grades one through six.
(E)(C) A school district may use space in child day-care
centers licensed under Chapter 5104. of the Revised Code to
provide all-day kindergarten under this section.
SECTION 2. That existing sections 3301.07, 3301.16, 3302.05,
3302.07, 3306.01, 3306.02, 3306.05, 3306.06, 3306.07, 3306.08,
3306.09, 3306.091, 3306.10, 3315.18, 3315.19, 3316.06, 3316.16,
3317.018, 3317.024, 3321.01, and 3321.05 and sections 3306.18,
3306.25, 3306.30,
3306.31, 3306.33,
3306.34, 3306.35, 3306.40,
3313.821, 3313.822, 3315.17, 3315.171, and 3318.312 of the Revised
Code are hereby repealed.
SECTION 3. That Section 265.70.70 of Am. Sub. H.B. 1 of the
128th General Assembly and Section 9 of Sub. H.B. 318 of the 128th
General Assembly are hereby repealed.
SECTION 4. Sections 1, 2, and 3 of this act take effect July
1, 2011.
SECTION 5. Sections 3301.07 and 3317.024 of the Revised Code
are presented in this act as composites of the sections as amended
by both Am. Sub. H.B. 1 and Sub. S.B. 79 of the 128th General
Assembly. The General Assembly, applying the principle stated in
division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous
operation, finds that the composites are the resulting versions of
the sections in effect prior to the effective date of the sections
as presented in this act.
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