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Sub. H. B. No. 36 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Kozlowski, Carey
Cosponsors:
Representatives Boose, Burke, Dovilla, Grossman, Hayes, Johnson, McKenney, Roegner, Rosenberger, Ruhl, Slaby, Stautberg, Stebelton, Thompson, Young, Combs, Balderson, Gonzales, Martin, Baker, Hottinger, Derickson, Anielski, Ashford, Barnes, Beck, Blessing, Bubp, Buchy, Coley, Duffey, Fedor, Hagan, C., Landis, Milkovich, Newbold, O'Brien, Schuring, Uecker, Yuko
Senators Hite, Obhof, Bacon, Beagle, Brown, Cafaro, Cates, Daniels, Faber, Grendell, Hughes, Jones, LaRose, Lehner, Manning, Patton, Sawyer, Schaffer, Schiavoni, Smith, Stewart, Turner, Wagoner, Widener, Wilson
A BILL
To amend sections 3313.482, 3314.08, 3317.01,
3326.11, and 3327.02 and to enact section 3313.88
of the Revised Code to excuse up to five, instead
of three, calamity days for the 2010-2011 school
year, to broaden schools' authority to make up
calamity days by lengthening remaining days in the
school year, to waive the number of hours a
community school is closed for a public calamity
if it meets certain requirements, to allow public
and chartered nonpublic schools to make up excess
calamity days via lessons posted online, to
prohibit school districts from declaring it
impractical to transport nonpublic or community
school students solely on days scheduled by the
schools to make up calamity days, and to declare
an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.482, 3314.08, 3317.01, 3326.11,
and 3327.02 be amended and section 3313.88 of the Revised Code be
enacted to read as follows:
Sec. 3313.482. (A) Annually, prior to the first day of
September, the board of education of each city, local, and
exempted village school district shall adopt a resolution
specifying a contingency plan under which the district's students
will make up days on which it was necessary to close schools for
any of the reasons specified in division (A)(2) of section 3306.01
and division (B) of section 3317.01 of the Revised Code, if any
such days must be made up in order to comply with the requirements
of that section and sections 3306.01, 3313.48
and, 3313.481, and
3317.01 of the Revised Code. The resolution plan shall provide in
the plan for making up at least five
full school days. The plan
may provide for making up some or all of the days a school is
closed by increasing the length of other school days in the manner
authorized in division (B) of this section. No resolution adopted
pursuant to this division shall conflict with any collective
bargaining agreement into which a board has entered pursuant to
Chapter 4117. of the Revised Code and that is in effect in the
district.
(B) Notwithstanding the content of anything to the contrary
in the contingency plan it adopts under division (A) of this
section, if a school district closes or evacuates any school
building for any of the reasons specified in division (A)(2) of
section 3306.01 and division (B) of section 3317.01 of the Revised
Code, or as a result of a bomb threat or any other report of an
alleged or impending explosion, and if, as a result of the closing
or evacuation, the school district would be unable to meet the
requirements of sections 3306.01, 3313.48, 3313.481, and 3317.01
of the Revised Code regarding the number of days schools must be
open for instruction or the requirements of the state minimum
standards for the school day that are established by the
department of education regarding the number of hours there must
be in the school day, the school district may increase the length
of one or more other school days for the school that was closed or
evacuated, in increments of one-half hour, to make up the number
of hours or days that the school building in question was so
closed or evacuated for the purpose of satisfying the requirements
of those sections regarding the number of days schools must be
open for instruction or the requirements of those standards
regarding the number of hours there must be in the school day.
(C) If a school district closes or evacuates any school
building for any of the reasons specified in division (B) of
section 3317.01 of the Revised Code, and if for that school the
total number of full school days specified in the district's
contingency plan adopted under division (A) of this section is
insufficient to enable the school district to meet the
requirements of sections 3313.48, 3313.481, and 3317.01 of the
Revised Code regarding the number of days schools must be open for
instruction or the requirements of the state minimum standards for
the school day that are established by the department of education
regarding the number of hours there must be in the school day, the
school district may increase the length of one or more other
school days for the school that was closed or evacuated, in
increments of one-half hour, to make up the number of hours or
days that the school building in question was so closed or
evacuated for the purpose of satisfying the requirements of those
sections regarding the number of days schools must be open for
instruction or the requirements of those standards regarding the
number of hours there must be in the school day. The district
shall not be required to actually make up any of the days
specified in the district's contingency plan prior to increasing
the length of one or more school days to make up the shortage of
hours or days caused by the school's closure or evacuation, but in
no case shall the district fail to make up the total number of
full school days specified in the contingency plan in accordance
with that plan.
(D) If a school district closes or evacuates a school
building as a result of a bomb threat or any other report of an
alleged or impending explosion and also closes or evacuates that
school building on a different day for any of the reasons
specified in division (B) of section 3317.01 of the Revised Code,
division (B) of this section applies regarding the closing or
evacuation of the school building as a result of the bomb threat
or report of an alleged or impending explosion and division (C) of
this section applies regarding the closing or evacuation of the
school building for the reason specified in division (B) of
section 3317.01 of the Revised Code.
Notwithstanding the provisions of sections 3313.48, 3313.481,
and 3317.01 of the Revised Code and the requirements of the state
minimum standards for the school day that are established by the
department of education and notwithstanding the content of the
contingency plan it adopts under division (A) of this section
regarding the closing or evacuation of a school building as a
result of a bomb threat or any other report of an alleged or
impending explosion, a A school district that makes up, as
described in this division (B) or (C) of this section, all of the
hours or days that its school buildings were closed or evacuated
for any of the reasons identified in this division (B) or (C) of
this section shall be deemed to have complied with the
requirements of those sections 3306.01, 3313.48, 3313.481, and
3317.01 of the Revised Code regarding the number of days schools
must be open for instruction and the requirements of those the
state minimum standards regarding the number of hours there must
be in the school day.
Sec. 3313.88. (A) Prior to the first day of August of each
school year, the board of education of any school district or the
governing authority of any chartered nonpublic school may submit
to the department of education a plan to require students to
access and complete classroom lessons posted on the district's or
nonpublic school's web portal or web site in order to make up days
in that school year on which it is necessary to close schools for
any of the reasons specified in division (A)(2) of section 3306.01
and division (B) of section 3317.01 of the Revised Code in excess
of the number of days permitted under sections 3306.01, 3313.48,
3313.481, and 3317.01 of the Revised Code.
Prior to the first day of August of each school year, the
governing authority of any community school established under
Chapter 3314. that is not an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code, may
submit to the department a plan to require students to access and
complete classroom lessons posted on the school's web portal or
web site in order to make up days or hours in that school year on
which it is necessary to close the school for any of the reasons
specified in division (L)(4) of section 3314.08 of the Revised
Code so that the school is in compliance with the minimum number
of hours required under Chapter 3314. of the Revised Code.
A plan submitted by a school district board or nonpublic
school governing authority shall provide for making up any number
of days, up to a maximum of five days. A plan submitted by a
community school governing authority shall provide for making up
any number of hours, up to a maximum of the equivalent of five
days. Provided the plan meets all requirements of this section,
the department shall permit the board or governing authority to
implement the plan for the applicable school year.
(B) Each plan submitted under this section by a school
district board of education shall include the written consent of
the teachers' employee representative designated under division
(B) of section 4117.04 of the Revised Code.
(C) Each plan submitted under this section shall provide for
the following:
(1) Not later than the first day of September of the school
year, each classroom teacher shall develop a sufficient number of
lessons for each course taught by the teacher that school year to
cover the number of make-up days or hours specified in the plan.
The teacher shall designate the order in which the lessons are to
be posted on the district's, community school's, or nonpublic
school's web portal or web site in the event of a school closure.
(2) Based on current instructional progress, a classroom
teacher may update or replace one or more of the lesson plans
developed under division (C)(1) of this section before they are
posted on the web portal or web site under division (C)(3) of this
section.
(3) As soon as practicable after a school closure, a district
or school employee responsible for web portal or web site
operations shall make the designated lessons available to students
on the district's, community school's, or nonpublic school's
portal or site. A lesson shall be posted for each course that was
scheduled to meet on the day or hours of the closure.
(4) Each student enrolled in a course for which a lesson is
posted on the portal or site shall be granted a two-week period
from the date of posting to complete the lesson. The student's
classroom teacher shall grade the lesson in the same manner as
other lessons. The student may receive an incomplete or failing
grade if the lesson is not completed on time.
(5) If a student does not have access to a computer at the
student's residence, the student shall be permitted to work on the
posted lessons at school after the student's school reopens. If
the lessons were posted prior to the reopening, the student shall
be granted a two-week period from the date of the reopening,
rather than from the date of posting as otherwise required under
division (C)(4) of this section, to complete the lessons. The
district board or community school or nonpublic school governing
authority may provide the student access to a computer before,
during, or after the regularly scheduled school day or may provide
a substantially similar paper lesson in order to complete the
lessons.
(D)(1) No school district that implements a plan in
accordance with this section shall be considered to have failed to
comply with division (A)(2) of section 3306.01 or division (B) of
section 3317.01 of the Revised Code with respect to the number of
make-up days specified in the plan.
(2) No community school that implements a plan in accordance
with this section shall be considered to have failed to comply
with the minimum number of hours required under Chapter 3314. of
the Revised Code with respect to the number of make-up hours
specified in the plan.
Sec. 3314.08. The deductions under division (C) and the
payments under division (D) of this section for fiscal years 2010
and 2011 shall be made in accordance with section 3314.088 of the
Revised Code.
(A) As used in this section:
(1) "Base formula amount" means the amount specified as such
in a community school's financial plan for a school year pursuant
to division (A)(15) of section 3314.03 of the Revised Code.
(2) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(3) "Applicable special education weight" means the multiple
specified in section 3317.013 of the Revised Code for a disability
described in that section.
(4) "Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or classes described in division (A) of section 3317.014 of the
Revised Code, the multiple specified in that division;
(b) For a student enrolled in vocational education programs
or classes described in division (B) of section 3317.014 of the
Revised Code, the multiple specified in that division.
(5) "Entitled to attend school" means entitled to attend
school in a district under section 3313.64 or 3313.65 of the
Revised Code.
(6) A community school student is "included in the poverty
student count" of a school district if the student is entitled to
attend school in the district and the student's family receives
assistance under the Ohio works first program.
(7) "Poverty-based assistance reduction factor" means the
percentage figure, if any, for reducing the per pupil amount of
poverty-based assistance a community school is entitled to receive
pursuant to divisions (D)(5) to (9) of this section in any year,
as specified in the school's financial plan for the year pursuant
to division (A)(15) of section 3314.03 of the Revised Code.
(8) "All-day kindergarten" has the same meaning as in section
3317.029 of the Revised Code.
(9) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades one through twelve in a community school
established under this chapter, the number of students entitled to
attend school in the district who are enrolled in kindergarten in
a community school, the number of those kindergartners who are
enrolled in all-day kindergarten in their community school, and
for each child, the community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of students enrolled in grades one through
twelve and the number of students enrolled in kindergarten in the
school who are not receiving special education and related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in kindergarten, who
are receiving special education and related services pursuant to
an IEP;
(c) The number of students reported under division (B)(2)(b)
of this section receiving special education and related services
pursuant to an IEP for a disability described in each of divisions
(A) to (F) of section 3317.013 of the Revised Code;
(d) The full-time equivalent number of students reported
under divisions (B)(2)(a) and (b) of this section who are enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are provided by the community school;
(e) Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code at a
joint vocational school district under a contract between the
community school and the joint vocational school district and are
entitled to attend school in a city, local, or exempted village
school district whose territory is part of the territory of the
joint vocational district;
(f) The number of enrolled preschool children with
disabilities receiving special education services in a
state-funded unit;
(g) The community school's base formula amount;
(h) For each student, the city, exempted village, or local
school district in which the student is entitled to attend school;
(i) Any poverty-based assistance reduction factor that
applies to a school year.
(C) From the state education aid calculated for a city,
exempted village, or local school district and, if necessary, from
the payment made to the district under sections 321.24 and 323.156
of the Revised Code, the department of education shall annually
subtract the sum of the amounts described in divisions (C)(1) to
(9) of this section. However, when deducting payments on behalf of
students enrolled in internet- or computer-based community
schools, the department shall deduct only those amounts described
in divisions (C)(1) and (2) of this section. Furthermore, the
aggregate amount deducted under this division shall not exceed the
sum of the district's state education aid and its payment under
sections 321.24 and 323.156 of the Revised Code.
(1) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the number of the district's students reported under
divisions (B)(2)(a), (b), and (e) of this section who are enrolled
in grades one through twelve, and one-half the number of students
reported under those divisions who are enrolled in kindergarten,
in that community school is multiplied by the sum of the base
formula amount of that community school plus the per pupil amount
of the base funding supplements specified in divisions (C)(1) to
(4) of section 3317.012 of the Revised Code.
(2) The sum of the amounts calculated under divisions
(C)(2)(a) and (b) of this section:
(a) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in a community
school in grades one through twelve and receiving special
education and related services pursuant to an IEP for a disability
described in section 3317.013 of the Revised Code, the product of
the applicable special education weight times the community
school's base formula amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten in
a community school and receiving special education and related
services pursuant to an IEP for a disability described in section
3317.013 of the Revised Code, one-half of the amount calculated as
prescribed in division (C)(2)(a) of this section.
(3) For each of the district's students reported under
division (B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the number of the district's students enrolled in that
community school who are included in the district's poverty
student count is multiplied by the per pupil amount of
poverty-based assistance the school district receives that year
pursuant to division (C) of section 3317.029 of the Revised Code,
as adjusted by any poverty-based assistance reduction factor of
that community school. The per pupil amount of that aid for the
district shall be calculated by the department.
(5) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount of aid received under
division (E) of section 3317.029 of the Revised Code, as adjusted
by any poverty-based assistance reduction factor of the community
school, is multiplied by the sum of the following:
(a) The number of the district's students reported under
division (B)(2)(a) of this section who are enrolled in grades one
to three in that community school and who are not receiving
special education and related services pursuant to an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are not receiving special education and related services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the amount
the district received under that division divided by the
district's kindergarten through third grade ADM, as defined in
that section.
(6) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(F) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the number of the district's students
enrolled in the community school who are identified as
limited-English proficient.
(7) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(G) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code is the district's amount per teacher
calculated under division (G)(1) or (2) of that section divided by
17.
(8) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under divisions
(H) and (I) of section 3317.029 of the Revised Code, as adjusted
by any poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code is the amount calculated
under each division divided by the district's formula ADM, as
defined in section 3317.02 of the Revised Code.
(9) An amount equal to the per pupil state parity aid funding
calculated for the school district under either division (C) or
(D) of section 3317.0217 of the Revised Code multiplied by the sum
of the number of students in grades one through twelve, and
one-half of the number of students in kindergarten, who are
entitled to attend school in the district and are enrolled in a
community school as reported under division (B)(1) of this
section.
(D) The department shall annually pay to a community school
established under this chapter the sum of the amounts described in
divisions (D)(1) to (10) of this section. However, the department
shall calculate and pay to each internet- or computer-based
community school only the amounts described in divisions (D)(1) to
(3) of this section. Furthermore, the sum of the payments to all
community schools under divisions (D)(1), (2), and (4) to (10) of
this section for the students entitled to attend school in any
particular school district shall not exceed the sum of that
district's state education aid and its payment under sections
321.24 and 323.156 of the Revised Code. If the sum of the payments
calculated under those divisions for the students entitled to
attend school in a particular school district exceeds the sum of
that district's state education aid and its payment under sections
321.24 and 323.156 of the Revised Code, the department shall
calculate and apply a proration factor to the payments to all
community schools under those divisions for the students entitled
to attend school in that district.
(1) Subject to section 3314.085 of the Revised Code, an
amount equal to the sum of the amounts obtained when the number of
students enrolled in grades one through twelve, plus one-half of
the kindergarten students in the school, reported under divisions
(B)(2)(a), (b), and (e) of this section who are not receiving
special education and related services pursuant to an IEP for a
disability described in section 3317.013 of the Revised Code is
multiplied by the sum of the community school's base formula
amount plus the per pupil amount of the base funding supplements
specified in divisions (C)(1) to (4) of section 3317.012 of the
Revised Code.
(2) Prior to fiscal year 2007, the greater of the amount
calculated under division (D)(2)(a) or (b) of this section, and in
fiscal year 2007 and thereafter, the amount calculated under
division (D)(2)(b) of this section:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education and related services pursuant to IEPs, excluding
federal funds and state disadvantaged pupil impact aid funds;
(b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of this section:
(i) For each student reported under division (B)(2)(c) of
this section as enrolled in the school in grades one through
twelve and receiving special education and related services
pursuant to an IEP for a disability described in section 3317.013
of the Revised Code, the following amount:
(the school's base formula amount plus
the per pupil amount of the base funding supplements specified in
divisions (C)(1) to (4) of section 3317.012 of the Revised Code)
+ (the applicable special education weight X the
community school's base formula amount);
(ii) For each student reported under division (B)(2)(c) of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a disability
described in section 3317.013 of the Revised Code, one-half of the
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section.
(3) An amount received from federal funds to provide special
education and related services to students in the community
school, as determined by the superintendent of public instruction.
(4) For each student reported under division (B)(2)(d) of
this section as enrolled in vocational education programs or
classes that are described in section 3317.014 of the Revised
Code, are provided by the community school, and are comparable as
determined by the superintendent of public instruction to school
district vocational education programs and classes eligible for
state weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable vocational education weight
times the community school's base formula amount times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the number of that district's students
enrolled in the community school who are included in the
district's poverty student count is multiplied by the per pupil
amount of poverty-based assistance that school district receives
that year pursuant to division (C) of section 3317.029 of the
Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school. The per pupil amount of
aid shall be determined as described in division (C)(4) of this
section.
(6) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount of aid
received under division (E) of section 3317.029 of the Revised
Code, as adjusted by any poverty-based assistance reduction factor
of the community school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division (B)(2)(a) of this section who are enrolled in grades one
to three in that community school and who are not receiving
special education and related services pursuant to an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are not receiving special education and related services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section.
(7) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the number of that district's students
enrolled in the community school who are identified as
limited-English proficient is multiplied by the district's per
pupil amount received under division (F) of section 3317.029 of
the Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school.
(8) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under division (G) of section 3317.029 of the Revised
Code, as adjusted by any poverty-based assistance reduction factor
of the community school, is multiplied by the sum of the
following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code shall be determined as described in
division (C)(7) of this section.
(9) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under divisions (H) and (I) of section 3317.029 of the
Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school, is multiplied by the sum
of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code shall be determined as
described in division (C)(8) of this section.
(10) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount of
state parity aid funding calculated under either division (C) or
(D) of section 3317.0217 of the Revised Code is multiplied by the
sum of the number of that district's students enrolled in grades
one through twelve, and one-half of the number of that district's
students enrolled in kindergarten, in the community school as
reported under division (B)(2)(a) and (b) of this section.
(E)(1) If a community school's costs for a fiscal year for a
student receiving special education and related services pursuant
to an IEP for a disability described in divisions (B) to (F) of
section 3317.013 of the Revised Code exceed the threshold
catastrophic cost for serving the student as specified in division
(C)(3)(b) of section 3317.022 of the Revised Code, the school may
submit to the superintendent of public instruction documentation,
as prescribed by the superintendent, of all its costs for that
student. Upon submission of documentation for a student of the
type and in the manner prescribed, the department shall pay to the
community school an amount equal to the school's costs for the
student in excess of the threshold catastrophic costs.
(2) The community school shall only report under division
(E)(1) of this section, and the department shall only pay for, the
costs of educational expenses and the related services provided to
the student in accordance with the student's individualized
education program. Any legal fees, court costs, or other costs
associated with any cause of action relating to the student may
not be included in the amount.
(F) A community school may apply to the department of
education for preschool children with disabilities or gifted unit
funding the school would receive if it were a school district.
Upon request of its governing authority, a community school that
received unit funding as a school district-operated school before
it became a community school shall retain any units awarded to it
as a school district-operated school provided the school continues
to meet eligibility standards for the unit.
A community school shall be considered a school district and
its governing authority shall be considered a board of education
for the purpose of applying to any state or federal agency for
grants that a school district may receive under federal or state
law or any appropriations act of the general assembly. The
governing authority of a community school may apply to any private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree, either as part of the contract or separately, to
provide any specific services to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J)(1)(a) A community school may borrow money to pay any
necessary and actual expenses of the school in anticipation of the
receipt of any portion of the payments to be received by the
school pursuant to division (D) of this section. The school may
issue notes to evidence such borrowing. The proceeds of the notes
shall be used only for the purposes for which the anticipated
receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(K) For purposes of determining the number of students for
which divisions (D)(5) and (6) of this section applies in any
school year, a community school may submit to the department of
job and family services, no later than the first day of March, a
list of the students enrolled in the school. For each student on
the list, the community school shall indicate the student's name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list under
this division, the department of job and family services shall
determine, for each school district where one or more students on
the list is entitled to attend school, the number of students
residing in that school district who were included in the
department's report under section 3317.10 of the Revised Code. The
department shall make this determination on the basis of
information readily available to it. Upon making this
determination and no later than ninety days after submission of
the list by the community school, the department shall report to
the state department of education the number of students on the
list who reside in each school district who were included in the
department's report under section 3317.10 of the Revised Code. In
complying with this division, the department of job and family
services shall not report to the state department of education any
personally identifiable information on any student.
(L) The department of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety days after April 8, 2003, shall adopt in
accordance with Chapter 119. of the Revised Code rules governing
the payments to community schools under this section and section
3314.13 of the Revised Code including initial payments in a school
year and adjustments and reductions made in subsequent periodic
payments to community schools and corresponding deductions from
school district accounts as provided under divisions (C) and (D)
of this section and section 3314.13 of the Revised Code. For
purposes of this section and section 3314.13 of the Revised Code:
(1) A student shall be considered enrolled in the community
school for any portion of the school year the student is
participating at a college under Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
beginning on the later of the date on which the school both has
received documentation of the student's enrollment from a parent
and the student has commenced participation in learning
opportunities as defined in the contract with the sponsor, or
thirty days prior to the date on which the student is entered into
the education management information system established under
section 3301.0714 of the Revised Code. For purposes of applying
this division and division divisions (L)(3) and (4) of this
section to a community school student, "learning opportunities"
shall be defined in the contract, which shall describe both
classroom-based and non-classroom-based learning opportunities and
shall be in compliance with criteria and documentation
requirements for student participation which shall be established
by the department. Any student's instruction time in
non-classroom-based learning opportunities shall be certified by
an employee of the community school. A student's enrollment shall
be considered to cease on the date on which any of the following
occur:
(a) The community school receives documentation from a parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
(3) The department shall determine each community school
student's percentage of full-time equivalency based on the
percentage of learning opportunities offered by the community
school to that student, reported either as number of hours or
number of days, is of the total learning opportunities offered by
the community school to a student who attends for the school's
entire school year. However, no internet- or computer-based
community school shall be credited for any time a student spends
participating in learning opportunities beyond ten hours within
any period of twenty-four consecutive hours. Whether it reports
hours or days of learning opportunities, each community school
shall offer not less than nine hundred twenty hours of learning
opportunities during the school year.
(4) With respect to the calculation of full-time equivalency
under division (L)(3) of this section, the department shall waive
the number of hours or days of learning opportunities not offered
to a student because the community school was closed during the
school year due to 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, so long as the school was
actually open for instruction with students in attendance during
that school year for not less than the minimum number of hours
required by this chapter. The department shall treat the school as
if it were open for instruction with students in attendance during
the hours or days waived under this division.
(M) The department of education shall reduce the amounts paid
under division (D) of this section to reflect payments made to
colleges under division (B) of section 3365.07 of the Revised Code
or through alternative funding agreements entered into under rules
adopted under section 3365.12 of the Revised Code.
(N)(1) No student shall be considered enrolled in any
internet- or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student possesses or has been provided with all
required hardware and software materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In accordance with policies adopted jointly by the
superintendent of public instruction and the auditor of state, the
department shall reduce the amounts otherwise payable under
division (D) of this section to any community school that includes
in its program the provision of computer hardware and software
materials to any student, if such hardware and software materials
have not been delivered, installed, and activated for each such
student in a timely manner or other educational materials or
services have not been provided according to the contract between
the individual community school and its sponsor.
The superintendent of public instruction and the auditor of
state shall jointly establish a method for auditing any community
school to which this division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly make recommendations to the general assembly for
legislative changes that may be required to assure fiscal and
academic accountability for such schools.
(O)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board. The
board may accept the decision of the designee or may reject the
decision of the designee and issue its own decision on the matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(P) The department shall not subtract from a school
district's state aid account under division (C) of this section
and shall not pay to a community school under division (D) of this
section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section, unless
the superintendent of public instruction grants the student a
waiver from the requirement to take the assessment and a parent is
not paying tuition for the student pursuant to section 3314.26 of
the Revised Code. The superintendent may grant a waiver only for
good cause in accordance with rules adopted by the state board of
education.
(4) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a community school
not later than four years after termination of war or their
honorable discharge. If, however, any such veteran elects to
enroll in special courses organized for veterans for whom tuition
is paid under federal law, or otherwise, the department shall not
subtract from a school district's state aid account under division
(C) of this section and shall not pay to a community school under
division (D) of this section any amount for that veteran.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code, "school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and any
educational service center.
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 provided by 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.
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.
The moneys appropriated for each fiscal year shall be distributed
periodically to each school district unless otherwise provided
for. 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.
Except as otherwise provided, payments under this chapter
shall be made only to those school districts in which:
(A) The school district, except for any educational service
center and any joint vocational or cooperative education school
district, levies 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.
(B) The school year next preceding the fiscal year for which
such payments are authorized meets 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. This requirement shall be
waived by the superintendent of public instruction if 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,
provided that for those school districts operating pursuant to
section 3313.48 of the Revised Code the number of days the school
was actually open for instruction with pupils in attendance and
for individualized parent-teacher conference and reporting periods
is not less than one hundred seventy-five, or for those school
districts operating on a trimester plan the number of days the
school was actually open for instruction with pupils in attendance
not less than seventy-nine days in any trimester, for those school
districts operating on a quarterly plan the number of days the
school was actually open for instruction with pupils in attendance
not less than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in attendance
not less than forty-four days in any pentamester. However, for
fiscal year 2012, the superintendent shall waive two fewer such
days for the 2010-2011 school year.
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 school must be in session 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 such a district
beginning with the school year commencing the second July
succeeding the initiation of one such 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 school day, for any number of
days during the school year, was reduced by not more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which has not conformed with other law and the
rules pursuant thereto, shall not participate in the distribution
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good
and sufficient reason established to the satisfaction of the state
board of education and the state controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,
4123., 4141., and 4167. of the Revised Code as if it were a school
district.
Sec. 3327.02. (A) After (1) Except as provided in division
(A)(2) of this section, after considering each of the following
factors, the board of education of a city, exempted village, or
local school district may determine that it is impractical to
transport a pupil who is eligible for transportation to and from a
school under section 3327.01 of the Revised Code:
(1)(a) The time and distance required to provide the
transportation;
(2)(b) The number of pupils to be transported;
(3)(c) The cost of providing transportation in terms of
equipment, maintenance, personnel, and administration;
(4)(d) Whether similar or equivalent service is provided to
other pupils eligible for transportation;
(5)(e) Whether and to what extent the additional service
unavoidably disrupts current transportation schedules;
(6)(f) Whether other reimbursable types of transportation are
available.
(2) The board shall not determine that it is impractical to
transport a pupil to a nonpublic or community school solely for
those days that the nonpublic or community school is open for
instruction to make up days or hours in which the school was
closed for any of the reasons specified in division (A)(2) of
section 3306.01 and division (B) of section 3317.01 of the Revised
Code, regardless of whether those days were on the school's
calendar at the beginning of the school year.
(B)(1) Based on its consideration of the factors established
in division (A)(1) of this section, the board may pass a
resolution declaring the impracticality of transportation. The
resolution shall include each pupil's name and the reason for
impracticality.
(2) The board shall report its determination to the state
board of education in a manner determined by the state board.
(3) The board of education of a local school district
additionally shall submit the resolution for concurrence to the
educational service center that contains the local district's
territory. If the educational service center governing board
considers transportation by school conveyance practicable, it
shall so inform the local board and transportation shall be
provided by such local board. If the educational service center
board agrees with the view of the local board, the local board may
offer payment in lieu of transportation as provided in this
section.
(C) After passing the resolution declaring the impracticality
of transportation, the district board shall offer to provide
payment in lieu of transportation by doing the following:
(1) In accordance with guidelines established by the
department of education, informing the pupil's parent, guardian,
or other person in charge of the pupil of both of the following:
(a) The board's resolution;
(b) The right of the pupil's parent, guardian, or other
person in charge of the pupil to accept the offer of payment in
lieu of transportation or to reject the offer and instead request
the department to initiate mediation procedures.
(2) Issuing the pupil's parent, guardian, or other person in
charge of the pupil a contract or other form on which the parent,
guardian, or other person in charge of the pupil is given the
option to accept or reject the board's offer of payment in lieu of
transportation.
(D) If the parent, guardian, or other person in charge of the
pupil accepts the offer of payment in lieu of providing
transportation, the board shall pay the parent, guardian, or other
person in charge of the child an amount that shall be not less
than the amount determined by the department of education as the
minimum for payment in lieu of transportation, and not more than
the amount determined by the department as the average cost of
pupil transportation for the previous school year. Payment may be
prorated if the time period involved is only a part of the school
year.
(E)(1)(a) Upon the request of a parent, guardian, or other
person in charge of the pupil who rejected the payment in lieu of
transportation, the department shall conduct mediation procedures.
(b) If the mediation does not resolve the dispute, the state
board of education shall conduct a hearing in accordance with
Chapter 119. of the Revised Code. The state board may approve the
payment in lieu of transportation or may order the board of
education to provide transportation. The decision of the state
board is binding in subsequent years and on future parties in
interest provided the facts of the determination remain
comparable.
(2) The school district shall provide transportation for the
pupil from the time the parent, guardian, or other person in
charge of the pupil requests mediation until the matter is
resolved under division (E)(1)(a) or (b) of this section.
(F)(1) If the department determines that a school district
board has failed or is failing to provide transportation as
required by division (E)(2) of this section or as ordered by the
state board under division (E)(1)(b) of this section, the
department shall order the school district board to pay to the
pupil's parent, guardian, or other person in charge of the pupil,
an amount equal to the state average daily cost of transportation
as determined by the state board of education for the previous
year. The school district board shall make payments on a schedule
ordered by the department.
(2) If the department subsequently finds that a school
district board is not in compliance with an order issued under
division (F)(1) of this section and the affected pupils are
enrolled in a nonpublic or community school, the department shall
deduct the amount that the board is required to pay under that
order from any payments the department makes to the school
district board under section 3306.12 of the Revised Code. The
department shall use the moneys so deducted to make payments to
the nonpublic or community school attended by the pupil. The
department shall continue to make the deductions and payments
required under this division until the school district board
either complies with the department's order issued under division
(F)(1) of this section or begins providing transportation.
(G) A nonpublic or community school that receives payments
from the department under division (F)(2) of this section shall do
either of the following:
(1) Disburse the entire amount of the payments to the parent,
guardian, or other person in control of the pupil affected by the
failure of the school district of residence to provide
transportation;
(2) Use the entire amount of the payments to provide
acceptable transportation for the affected pupil.
Section 2. That existing sections 3313.482, 3314.08, 3317.01,
3326.11, and 3327.02 of the Revised Code are hereby repealed.
Section 3. The amendment of section 3326.11 of the Revised
Code by this act is not intended to accelerate the effective date
of the amendments inserting "3313.814, 3313.816, 3313.817," by
Sub. S.B. 210 of the 128th General Assembly, effective July 1,
2011.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
provide schools with adequate time to address unavoidable school
closures due to public calamities, such as hazardous weather
conditions, during the current school year. Therefore, this act
shall go into immediate effect.
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