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H. B. No. 30 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Wachtmann, Stautberg, Sears, Derickson, Brenner, Maag, Adams, J., Carey, Beck, Blair, Burke, Combs, Hottinger, Snitchler, Kozlowski, Grossman, Bubp, Stebelton, Ruhl, Blessing, Huffman, Baker, Hackett, McClain, Amstutz, Roegner, Henne, Young
A BILL
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, 3313.489,
3316.031, 3316.043, 3316.08, 3321.01, 3321.05,
5705.391, and 5705.412 and to repeal sections
3306.18, 3306.25, 3306.29, 3306.291, 3306.292,
3306.30, 3306.31, 3306.33, 3306.34, 3306.35,
3306.40, 3313.821, 3313.822, 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 abolish the School Funding Advisory Council, to
eliminate the requirement that school districts
offer all-day kindergarten, to eliminate the
requirement that school districts establish family
and civic engagement teams, and to reduce to three
years the period covered by financial forecasts of
school districts, community schools, and STEM
schools.
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, 3313.489, 3316.031, 3316.043, 3316.08, 3321.01,
3321.05, 5705.391, and 5705.412 be amended 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. 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.
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 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 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
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 gifted student services from an educational
service center that are comparable to the gifted student services
provided to the district with gifted unit funding in fiscal year
2009 by an educational service center;
(b) Spend for 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 gifted student services shall spend
from its state funds in each fiscal year thereafter for 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.
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. 3313.489. (A) The superintendent of public instruction
shall examine each five-year three-year projection of revenues and
expenditures submitted under section 5705.391 of the Revised Code
and shall determine whether the information contained therein,
together with any other relevant information, indicates that the
district may be financially unable to operate its instructional
program on all days set forth in its adopted school calendars and
pay all obligated expenses during the current fiscal year. If a
board of education has not adopted a school calendar for the
school year beginning on the first day of July of the current
fiscal year at the time an examination is required under this
division, the superintendent shall examine the five-year
three-year projection and determine whether the district may be
financially unable to pay all obligated expenses and operate its
instructional program for the number of days on which instruction
was held in the preceding fiscal year.
(B) If the superintendent of public instruction determines
pursuant to division (A) of this section that a school district
may be financially unable to operate its instructional program on
all days required by such division and pay all obligated expenses
during the current fiscal year, the superintendent shall provide
written notification of such determination to the president of the
district's board of education and the auditor of state.
(C) This section does not apply to a school district declared
to be under a fiscal emergency pursuant to division (B) of section
3316.03 of the Revised Code.
Sec. 3316.031. (A) The state superintendent of public
instruction, in consultation with the auditor of state, shall
develop guidelines for identifying fiscal practices and budgetary
conditions that, if uncorrected, could result in a future
declaration of a fiscal watch or fiscal emergency within a school
district.
The guidelines shall not include a requirement that a school
district submit financial statements according to generally
accepted accounting principles.
(B)(1) If the state superintendent determines from a school
district's
five-year three-year forecast submitted under section
5705.391 of the Revised Code that a district is engaging in any of
those practices or that any of those conditions exist within the
district, after consulting with the district board of education
concerning the practices or conditions, the state superintendent
may declare the district to be under a fiscal caution.
(2) If the auditor of state finds that a district is engaging
in any of those practices or that any of those conditions exist
within the district, the auditor of state shall report that
finding to the state superintendent and, after consulting with the
district board of education concerning the practices or
conditions, the state superintendent may declare the district to
be under a fiscal caution.
(3) Unless the auditor of state has elected to declare a
state of fiscal watch under division (A)(4) of section 3316.03 of
the Revised Code, the state superintendent shall declare a school
district to be under a fiscal caution if the conditions described
in divisions (A)(4)(a) and (b) of that section are both satisfied
with respect to the school district.
(C) When the state superintendent declares a district to be
under fiscal caution, the state superintendent shall promptly
notify the district board of education of that declaration and
shall request the board to provide written proposals for
discontinuing or correcting the fiscal practices or budgetary
conditions that prompted the declaration and for preventing the
district from experiencing further fiscal difficulties that could
result in the district being declared to be in a state of fiscal
watch or fiscal emergency.
(D) The state superintendent, or a designee, may visit and
inspect any district that is declared to be under a fiscal
caution. The department of education shall provide technical
assistance to the district board in implementing proposals to
eliminate the practices or budgetary conditions that prompted the
declaration of fiscal caution and may make recommendations
concerning the board's proposals.
(E) If the state superintendent finds that a school district
declared to be under a fiscal caution has not made reasonable
proposals or otherwise taken action to discontinue or correct the
fiscal practices or budgetary conditions that prompted the
declaration of fiscal caution, and if the state superintendent
considers it necessary to prevent further fiscal decline, the
state superintendent may determine that the district should be in
a state of fiscal watch. As provided in division (A)(3) of section
3316.03 of the Revised Code, the auditor of state shall declare
the district to be in a state of fiscal watch if the auditor of
state finds the superintendent's determination to be reasonable.
Sec. 3316.043. Upon the approval by the superintendent of
public instruction of an initial financial plan under section
3316.04 of the Revised Code or a financial recovery plan under
section 3316.06 of the Revised Code, the board of education of the
school district for which the plan was approved shall revise the
district's five-year three-year projection of revenues and
expenditures in accordance with rules adopted under section
5705.391 of the Revised Code so that the five-year three-year
projection is consistent with the financial plan or financial
recovery plan. In the case of a school district declared to be in
a state of fiscal emergency, the five-year projection shall be
revised by the financial planning and supervision commission for
that district.
Sec. 3316.08. During a school district's fiscal emergency
period, the auditor of state shall determine annually, or at any
other time upon request of the financial planning and supervision
commission, whether the school district will incur an operating
deficit. If the auditor of state determines that a school district
will incur an operating deficit, the auditor of state shall
certify that determination to the superintendent of public
instruction, the financial planning and supervision commission,
and the board of education of the school district. Upon receiving
the auditor of state's certification, the commission shall adopt a
resolution requesting that the board of education work with the
county auditor or tax commissioner to estimate the amount and rate
of a tax levy that is needed under section 5705.194, 5709.199, or
5705.21 or Chapter 5748. of the Revised Code to produce a positive
fund balance not later than the fifth year of the five-year
forecast submitted under section 5705.391 of the Revised Code
succeeding school year after the current school year.
The board of education shall recommend to the commission
whether the board supports or opposes a tax levy under section
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised
Code and shall provide supporting documentation to the commission
of its recommendation.
After considering the board of education's recommendation and
supporting documentation, the commission shall adopt a resolution
to either submit a ballot question proposing a tax levy or not to
submit such a question.
Except as otherwise provided in this division, the tax shall
be levied in the manner prescribed for a tax levied under section
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the
Revised Code. If the commission decides that a tax should be
levied, the tax shall be levied for the purpose of paying current
operating expenses of the school district. The rate of a tax
levied under section 5705.194, 5709.199, or 5705.21 of the Revised
Code shall be determined by the county auditor, and the rate of a
tax levied under section 5748.02 or 5748.08 of the Revised Code
shall be determined by the tax commissioner, upon the request of
the commission. The commission, in consultation with the board of
education, shall determine the election at which the question of
the tax shall appear on the ballot, and the commission shall
submit a copy of its resolution to the board of elections not
later than ninety days prior to the day of that election. The
board of elections conducting the election shall certify the
results of the election to the board of education and to the
financial planning and supervision commission.
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.
Sec. 5705.391. (A) No later than July 1, 1998, the The
department of education and the auditor of state shall jointly
adopt rules requiring boards of education to submit five-year
three-year projections of operational revenues and expenditures.
The rules shall provide for the auditor of state or the department
to examine the five-year three-year projections and to determine
whether any further fiscal analysis is needed to ascertain whether
a district has the potential to incur a deficit during the first
three years of the five-year three-year period.
The auditor of state or the department may conduct any
further audits or analyses necessary to assess any district's
fiscal condition. If further audits or analyses are conducted by
the auditor of state, the auditor of state shall notify the
department of the district's fiscal condition, and the department
shall immediately notify the district of any potential to incur a
deficit in the current fiscal year or of any strong indications
that a deficit will be incurred in either of the ensuing two
years. If such audits or analyses are conducted by the department,
the department shall immediately notify the district and the
auditor of state of such potential deficit or strong indications
thereof.
A district notified under this section shall take immediate
steps to eliminate any deficit in the current fiscal year and
shall begin to plan to avoid the projected future deficits.
(B) The state board of education, in accordance with sections
3319.31 and 3319.311 of the Revised Code, may limit, suspend, or
revoke a license as defined under section 3319.31 of the Revised
Code that has been issued to any school employee found to have
willfully contributed erroneous, inaccurate, or incomplete data
required for the submission of the five-year three-year projection
required by this section.
Sec. 5705.412. (A) As used in this section, "qualifying
contract" means any agreement for the expenditure of money under
which aggregate payments from the funds included in the school
district's five-year three-year forecast under section 5705.391 of
the Revised Code will exceed the lesser of the following amounts:
(1) Five hundred thousand dollars;
(2) One per cent of the total revenue to be credited in the
current fiscal year to the district's general fund, as specified
in the district's most recent certificate of estimated resources
certified under section 5705.36 of the Revised Code.
(B) Notwithstanding section 5705.41 of the Revised Code, no
school district shall adopt any appropriation measure, make any
qualifying contract, or increase during any school year any wage
or salary schedule unless there is attached thereto a certificate,
signed as required by this section, that the school district has
in effect the authorization to levy taxes including the renewal or
replacement of existing levies which, when combined with the
estimated revenue from all other sources available to the district
at the time of certification, are sufficient to provide the
operating revenues necessary to enable the district to maintain
all personnel and programs for all the days set forth in its
adopted school calendars for the current fiscal year and for a
number of days in succeeding fiscal years equal to the number of
days instruction was held or is scheduled for the current fiscal
year, as follows:
(1) A certificate attached to an appropriation measure under
this section shall cover only the fiscal year in which the
appropriation measure is effective and shall not consider the
renewal or replacement of an existing levy as the authority to
levy taxes that are subject to appropriation in the current fiscal
year unless the renewal or replacement levy has been approved by
the electors and is subject to appropriation in the current fiscal
year.
(2) A certificate attached, in accordance with this section,
to any qualifying contract shall cover the term of the contract.
(3) A certificate attached under this section to a wage or
salary schedule shall cover the term of the schedule.
If the board of education has not adopted a school calendar
for the school year beginning on the first day of the fiscal year
in which a certificate is required, the certificate attached to an
appropriation measure shall include the number of days on which
instruction was held in the preceding fiscal year and other
certificates required under this section shall include that number
of days for the fiscal year in which the certificate is required
and any succeeding fiscal years that the certificate must cover.
The certificate shall be signed by the treasurer and
president of the board of education and the superintendent of the
school district, unless the district is in a state of fiscal
emergency declared under Chapter 3316. of the Revised Code. In
that case, the certificate shall be signed by a member of the
district's financial planning and supervision commission who is
designated by the commission for this purpose.
(C) Every qualifying contract made or wage or salary schedule
adopted or put into effect without such a certificate shall be
void, and no payment of any amount due thereon shall be made.
(D) The department of education and the auditor of state
jointly shall adopt rules governing the methods by which
treasurers, presidents of boards of education, superintendents,
and members of financial planning and supervision commissions
shall estimate revenue and determine whether such revenue is
sufficient to provide necessary operating revenue for the purpose
of making certifications required by this section.
(E) The auditor of state shall be responsible for determining
whether school districts are in compliance with this section. At
the time a school district is audited pursuant to section 117.11
of the Revised Code, the auditor of state shall review each
certificate issued under this section since the district's last
audit, and the appropriation measure, contract, or wage and salary
schedule to which such certificate was attached. If the auditor of
state determines that a school district has not complied with this
section with respect to any qualifying contract or wage or salary
schedule, the auditor of state shall notify the prosecuting
attorney for the county, the city director of law, or other chief
law officer of the school district. That officer may file a civil
action in any court of appropriate jurisdiction to seek a
declaration that the contract or wage or salary schedule is void,
to recover for the school district from the payee the amount of
payments already made under it, or both, except that the officer
shall not seek to recover payments made under any collective
bargaining agreement entered into under Chapter 4117. of the
Revised Code. If the officer does not file such an action within
one hundred twenty days after receiving notice of noncompliance
from the auditor of state, any taxpayer may institute the action
in the taxpayer's own name on behalf of the school district.
(F) This section does not apply to any contract or increase
in any wage or salary schedule that is necessary in order to
enable a board of education to comply with division (B) of section
3317.13 of the Revised Code, provided the contract or increase
does not exceed the amount required to be paid to be in compliance
with such division.
(G) Any officer, employee, or other person who expends or
authorizes the expenditure of any public funds or authorizes or
executes any contract or schedule contrary to this section,
expends or authorizes the expenditure of any public funds on the
void contract or schedule, or issues a certificate under this
section which contains any false statements is liable to the
school district for the full amount paid from the district's funds
on the contract or schedule. The officer, employee, or other
person is jointly and severally liable in person and upon any
official bond that the officer, employee, or other person has
given to the school district to the extent of any payments on the
void claim, not to exceed ten thousand dollars. However, no
officer, employee, or other person shall be liable for a mistaken
estimate of available resources made in good faith and based upon
reasonable grounds. If an officer, employee, or other person is
found to have complied with rules jointly adopted by the
department of education and the auditor of state under this
section governing methods by which revenue shall be estimated and
determined sufficient to provide necessary operating revenue for
the purpose of making certifications required by this section, the
officer, employee, or other person shall not be liable under this
section if the estimates and determinations made according to
those rules do not, in fact, conform with actual revenue. The
prosecuting attorney of the county, the city director of law, or
other chief law officer of the district shall enforce this
liability by civil action brought in any court of appropriate
jurisdiction in the name of and on behalf of the school district.
If the prosecuting attorney, city director of law, or other chief
law officer of the district fails, upon the written request of any
taxpayer, to institute action for the enforcement of the
liability, the attorney general, or the taxpayer in the taxpayer's
own name, may institute the action on behalf of the subdivision.
(H) This section does not require the attachment of an
additional certificate beyond that required by section 5705.41 of
the Revised Code for current payrolls of, or contracts of
employment with, any employees or officers of the school district.
This section does not require the attachment of a certificate
to a temporary appropriation measure if all of the following
apply:
(1) The amount appropriated does not exceed twenty-five per
cent of the total amount from all sources available for
expenditure from any fund during the preceding fiscal year;
(2) The measure will not be in effect on or after the
thirtieth day following the earliest date on which the district
may pass an annual appropriation measure;
(3) An amended official certificate of estimated resources
for the current year, if required, has not been certified to the
board of education under division (B) of section 5705.36 of the
Revised Code.
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, 3313.489, 3316.031, 3316.043, 3316.08,
3321.01, 3321.05, 5705.391, and 5705.412 and sections 3306.18,
3306.25, 3306.29, 3306.291, 3306.292, 3306.30,
3306.31, 3306.33,
3306.34, 3306.35, 3306.40, 3313.821, 3313.822, 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. Section 3301.07 of the Revised Code is presented
in this act as a composite of the section 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 composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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