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S. B. No. 220 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Turner, Tavares, Smith, Kearney, Wagoner
A BILL
To enact section 3313.984 of the Revised Code to
require a study of interdistrict open enrollment,
and to amend sections 3310.01, 3310.06, 3313.64,
3313.97, 3313.974, 3313.982, 3314.07, 3315.18,
3317.03, 3318.011, 3323.143, 3326.51, 3327.05, and
3365.01 and to repeal sections 3313.98, 3313.981,
3313.983, and 3313.984 of the Revised Code
effective July 1, 2015, to terminate interdistrict
open enrollment on that date with the possibility
of renewal following the General Assembly's
examination of the study's findings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3313.984 of the Revised Code be
enacted to read as follows:
Sec. 3313.984. The department of education shall conduct a
study on the implementation and effectiveness of the interdistrict
open enrollment policies under sections 3313.98, 3313.981, and
3313.983 of the Revised Code. The study shall focus on the effects
of open enrollment in providing educational benefit to students
and the fiscal impact on school districts. In addition, the study
shall closely assess the impact of open enrollment on low-wealth
school districts.
Through the course of the study, the department shall:
(A) Investigate the ramifications of requiring each school
district to maintain an adjacent district or statewide open
enrollment policy;
(B) Compare the fiscal and administrative effects of counting
open enrollment students where those students are educated versus
counting students where they reside;
(C) Consider other funding model alternatives;
(D) Examine whether an amount representing only the state
share of funding should be transferred to a school district that
enrolls open enrollment students, if students continue to be
counted where they reside.
Section 2. That sections 3310.01, 3310.06, 3313.64, 3313.97,
3313.974, 3313.982, 3314.07, 3315.18, 3317.03, 3318.011, 3323.143,
3326.51, 3327.05, and 3365.01 of the Revised Code be amended to
read as follows:
Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the
Revised Code:
(A) "Chartered nonpublic school" means a nonpublic school
that holds a valid charter issued by the state board of education
under section 3301.16 of the Revised Code and meets the standards
established for such schools in rules adopted by the state board.
(B) An "eligible student" is a student who satisfies the
conditions specified in section 3310.03 of the Revised Code.
(C) "Parent" has the same meaning as in section 3313.98 of
the Revised Code means either of the natural or adoptive parents
of a student, except under the following conditions:
(1) When the marriage of the natural or adoptive parents of
the student has been terminated by a divorce, dissolution of
marriage, or annulment or the natural or adoptive parents of the
student are living separate and apart under a legal separation
decree and the court has issued an order allocating the parental
rights and responsibilities with respect to the student, "parent"
means the residential parent as designated by the court except
that "parent" means either parent when the court issues a shared
parenting decree.
(2) When a court has granted temporary or permanent custody
of the student to an individual or agency other than either of the
natural or adoptive parents of the student, "parent" means the
legal custodian of the child.
(3) When a court has appointed a guardian for the student,
"parent" means the guardian of the student.
(D) "Resident district" means the school district in which a
student is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code.
(E) "School year" has the same meaning as in section 3313.62
of the Revised Code.
Sec. 3310.06. It is the policy adopted by the general
assembly that the educational choice scholarship pilot program
shall be construed as one of several educational options available
for students enrolled in academic emergency or academic watch
school buildings. Students may be enrolled in the schools of the
student's resident district, in a community school established
under Chapter 3314. of the Revised Code, in the schools of another
school district pursuant to an open enrollment policy adopted
under section 3313.98 of the Revised Code, in a chartered
nonpublic school with or without a scholarship under the
educational choice scholarship pilot program, or in other schools
as the law may provide.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "parent" 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. When a child
is in the legal custody of a government agency or a person other
than the child's natural or adoptive parent, "parent" means the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent who was divested of
parental rights and responsibilities for the care of the child and
the right to have the child live with the parent and be the legal
custodian of the child and all residual parental rights,
privileges, and responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the grandparent designated as attorney in fact
under the power of attorney. When a child is the subject of a
caretaker authorization affidavit executed under sections 3109.64
to 3109.73 of the Revised Code, "parent" means the grandparent
that executed the affidavit.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local, or
exempted village school district and excludes any school operated
in an institution maintained by the department of youth services.
(4) Except as used in division (C)(2) of this section, "home"
means a home, institution, foster home, group home, or other
residential facility in this state that receives and cares for
children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such a
home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39 of
the Revised Code or as applicable, sections 5103.20 to 5103.22 or
5103.23 to 5103.237 of the Revised Code.
(6) A child is placed for adoption if either of the following
occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for the care and
adoption of the child.
(b) The child's natural parent places the child pursuant to
section 5103.16 of the Revised Code with a person who will care
for and adopt the child.
(7) "Preschool child with a disability" has the same meaning
as in section 3323.01 of the Revised Code.
(8) "Child," unless otherwise indicated, includes preschool
children with disabilities.
(9) "Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any preschool child with a disability shall be admitted to school
as provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where the
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural or
adoptive parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of this
section to be admitted to the schools of the district where the
child resides and who is residing with a resident of this state
with whom the child has been placed for adoption shall be admitted
to the schools of the district where the child resides unless
either of the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a child with a
disability who resides in the district in a special education
program outside of the district or its schools in compliance with
Chapter 3323. of the Revised Code.
(C) A district shall not charge tuition for children admitted
under division (B)(1) or (3) of this section. If the district
admits a child under division (B)(2) of this section, tuition
shall be paid to the district that admits the child as provided in
divisions (C)(1) to (3) of this section, unless division (C)(4) of
this section applies to the child:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of
residence, as defined in section 3323.01 of the Revised Code,
shall pay tuition for the child in accordance with section
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code
regardless of who has custody of the child or whether the child
resides in a home.
(2) For a child that does not receive special education in
accordance with Chapter 3323. of the Revised Code, except as
otherwise provided in division (C)(2)(d) of this section, if the
child is in the permanent or legal custody of a government agency
or person other than the child's parent, tuition shall be paid by:
(a) The district in which the child's parent resided at the
time the court removed the child from home or at the time the
court vested legal or permanent custody of the child in the person
or government agency, whichever occurred first;
(b) If the parent's residence at the time the court removed
the child from home or placed the child in the legal or permanent
custody of the person or government agency is unknown, tuition
shall be paid by the district in which the child resided at the
time the child was removed from home or placed in legal or
permanent custody, whichever occurred first;
(c) If a school district cannot be established under division
(C)(2)(a) or (b) of this section, tuition shall be paid by the
district determined as required by section 2151.362 of the Revised
Code by the court at the time it vests custody of the child in the
person or government agency;
(d) If at the time the court removed the child from home or
vested legal or permanent custody of the child in the person or
government agency, whichever occurred first, one parent was in a
residential or correctional facility or a juvenile residential
placement and the other parent, if living and not in such a
facility or placement, was not known to reside in this state,
tuition shall be paid by the district determined under division
(D) of section 3313.65 of the Revised Code as the district
required to pay any tuition while the parent was in such facility
or placement;
(e) If the department of education has determined, pursuant
to division (A)(2) of section 2151.362 of the Revised Code, that a
school district other than the one named in the court's initial
order, or in a prior determination of the department, is
responsible to bear the cost of educating the child, the district
so determined shall be responsible for that cost.
(3) If the child is not in the permanent or legal custody of
a government agency or person other than the child's parent and
the child resides in a home, tuition shall be paid by one of the
following:
(a) The school district in which the child's parent resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(4) Division (C)(4) of this section applies to any child who
is admitted to a school district under division (B)(2) of this
section, resides in a home that is not a foster home or a home
maintained by the department of youth services, receives
educational services at the home in which the child resides
pursuant to a contract between the home and the school district
providing those services, and does not receive special education.
In the case of a child to which division (C)(4) of this
section applies, the total educational cost to be paid for the
child shall be determined by a formula approved by the department
of education, which formula shall be designed to calculate a per
diem cost for the educational services provided to the child for
each day the child is served and shall reflect the total actual
cost incurred in providing those services. The department shall
certify the total educational cost to be paid for the child to
both the school district providing the educational services and,
if different, the school district that is responsible to pay
tuition for the child. The department shall deduct the certified
amount from the state basic aid funds payable under Chapter 3317.
of the Revised Code to the district responsible to pay tuition and
shall pay that amount to the district providing the educational
services to the child.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time spent
preparing and presenting the case, shall be deposited in the
county or city general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend school
under this division, no tuition shall be charged by the school
district of attendance and no other school district shall be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two years
of age who live apart from their parents, support themselves by
their own labor, and have not successfully completed the high
school curriculum or the individualized education program
developed for the person by the high school pursuant to section
3323.08 of the Revised Code, are entitled to attend school in the
district in which they reside.
(2) Any child under eighteen years of age who is married is
entitled to attend school in the child's district of residence.
(3) A child is entitled to attend school in the district in
which either of the child's parents is employed if the child has a
medical condition that may require emergency medical attention.
The parent of a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent is entitled, for a period not to exceed twelve months, to
attend school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living resides
stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child is
living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school district
outside the district where the parent is residing is entitled to
attend school for a period of time in the district where the new
house is being built. In order to be entitled to such attendance,
the parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing the
location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new house
is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with a
parent who has a contract to purchase a house in a school district
outside the district where the parent is residing and who is
waiting upon the date of closing of the mortgage loan for the
purchase of such house is entitled to attend school for a period
of time in the district where the house is being purchased. In
order to be entitled to such attendance, the parent shall provide
the district superintendent with the following:
(a) A sworn statement explaining the situation, revealing the
location of the house being purchased, and stating the parent's
intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a city,
local, or exempted village school district, or of an educational
service center, may be admitted to the schools of the district
where the child's parent is employed, or in the case of a child
whose parent is employed by an educational service center, in the
district that serves the location where the parent's job is
primarily located, provided the district board of education
establishes such an admission policy by resolution adopted by a
majority of its members. Any such policy shall take effect on the
first day of the school year and the effective date of any
amendment or repeal may not be prior to the first day of the
subsequent school year. The policy shall be uniformly applied to
all such children and shall provide for the admission of any such
child upon request of the parent. No child may be admitted under
this policy after the first day of classes of any school year.
(9) A child who is with the child's parent under the care of
a shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent, and no
other school district shall be required to pay tuition for the
child's attendance in that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose parent
has moved out of the school district after the commencement of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the time of
the parental move for the remainder of the school year and for one
additional semester or equivalent term. A district board may also
adopt a policy specifying extenuating circumstances under which a
student may continue to attend school under division (F)(10) of
this section for an additional period of time in order to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a parent
of a parent of a child. A child under the age of twenty-two years
who is in the custody of the child's parent, resides with a
grandparent, and does not require special education is entitled to
attend the schools of the district in which the child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of education
of the school district in which the child's parent resides enter
into a written agreement specifying that good cause exists for
such attendance, describing the nature of this good cause, and
consenting to such attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised
Code. Upon request, the grandparent shall complete any consent
form required by the district. A school district shall not incur
any liability solely because of its receipt of a consent form from
a grandparent in lieu of a parent.
Division (F)(11) of this section does not create, and shall
not be construed as creating, a new cause of action or substantive
legal right against a school district, a member of a board of
education, or an employee of a school district. This section does
not affect, and shall not be construed as affecting, any
immunities from defenses to tort liability created or recognized
by Chapter 2744. of the Revised Code for a school district,
member, or employee.
(12) A child under the age of twenty-two years is entitled to
attend school in a school district other than the district in
which the child is entitled to attend school under division (B),
(C), or (E) of this section provided that, prior to such
attendance in any school year, both of the following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B), (C), or (E) of this
section contacts the superintendent of another district for
purposes of this division;
(b) The superintendents of both districts enter into a
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's
physical or mental well-being or to deal with other extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is not receiving special education under Chapter 3323.
of the Revised Code and notwithstanding Chapter 3327. of the
Revised Code, the board of education of neither school district
involved in the agreement is required to provide transportation
for the student to and from the school where the student attends.
A student attending a school of a district pursuant to this
division shall be allowed to participate in all student
activities, including interscholastic athletics, at the school
where the student is attending on the same basis as any student
who has always attended the schools of that district while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following:
(a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);
(b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located.
(14) A child under the age of twenty-two years who resides
with a person other than the child's parent is entitled to attend
school in the school district in which that person resides if both
of the following apply:
(a) That person has been appointed, through a military power
of attorney executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10
U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active
duty as a member of the national guard or a reserve unit of the
armed forces of the United States or because the parent is a
member of the armed forces of the United States and is on a duty
assignment away from the parent's residence.
(b) The military power of attorney or comparable document
includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the
parent's agent under the military power of attorney or comparable
document resides applies until the end of the school year in which
the military power of attorney or comparable document expires.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,
3327.04, and 3327.06 of the Revised Code, a child may attend
school or participate in a special education program in a school
district other than in the district where the child is entitled to
attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this
section or section 3313.65 of the Revised Code, a child under
twenty-two years of age may attend school in the school district
in which the child, at the end of the first full week of October
of the school year, was entitled to attend school as otherwise
provided under this section or section 3313.65 of the Revised
Code, if at that time the child was enrolled in the schools of the
district but since that time the child or the child's parent has
relocated to a new address located outside of that school district
and within the same county as the child's or parent's address
immediately prior to the relocation. The child may continue to
attend school in the district, and at the school to which the
child was assigned at the end of the first full week of October of
the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the
following conditions are satisfied:
(a) The board of education of the school district in which
the child was entitled to attend school at the end of the first
full week in October and of the district to which the child or
child's parent has relocated each has adopted a policy to enroll
children described in division (I)(1) of this section.
(b) The child's parent provides written notification of the
relocation outside of the school district to the superintendent of
each of the two school districts.
(2) At the beginning of the school year following the school
year in which the child or the child's parent relocated outside of
the school district as described in division (I)(1) of this
section, the child is not entitled to attend school in the school
district under that division.
(3) Any person or entity owing tuition to the school district
on behalf of the child at the end of the first full week in
October, as provided in division (C) of this section, shall
continue to owe such tuition to the district for the child's
attendance under division (I)(1) of this section for the lesser of
the balance of the school year or the balance of the time that the
child attends school in the district under division (I)(1) of this
section.
(4)(a) A pupil who may attend school in the district under
division (I)(1) of this section shall be entitled to
transportation services pursuant to an agreement between the
district and the district in which the child or child's parent has
relocated unless.
(b) If the districts have not entered into such an agreement,
in which case the child shall be entitled to transportation
services in the same manner as a pupil attending school in the
district under interdistrict open enrollment as described in
division (H) of section 3313.981 of the Revised Code, regardless
of whether the district has adopted an open enrollment policy as
described in division (B)(1)(b) or (c) of section 3313.98 of the
Revised Code the district in which the pupil is attending school
shall provide transportation for the pupil within the boundaries
of that district upon the request of a parent, provided the
district offers transportation to pupils of the same grade level
and distance from school under section 3327.01 of the Revised
Code, and provided that the district shall be required to pick up
and drop off a nondisabled student only at a regular school bus
stop designated in accordance with the district's transportation
policy. Pursuant to rules of the state board of education, the
district may reimburse the parent from funds received under
section 3317.0212 of the Revised Code for the reasonable cost of
transportation from the pupil's home to the designated school bus
stop if the pupil's family has an income below the federal poverty
line.
(J) This division does not apply to a child receiving special
education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division (C) of
section 3317.023 of the Revised Code equal to its own tuition rate
for the same period of attendance. A school district entitled to
receive tuition pursuant to division (C)(2) or (3) of this section
or section 3313.65 of the Revised Code shall have an amount
credited under division (C) of section 3317.023 of the Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required to
pay tuition, the department of education shall pay the district of
attendance the difference from amounts deducted from all
districts' payments under division (C) of section 3317.023 of the
Revised Code but not credited to other school districts under such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public instruction
a report of the names of each child who attended the district's
schools under divisions (C)(2) and (3) of this section or section
3313.65 of the Revised Code during the preceding six calendar
months, the duration of the attendance of those children, the
school district responsible for tuition on behalf of the child,
and any other information that the superintendent requires.
Upon receipt of the report the superintendent, pursuant to
division (C) of section 3317.023 of the Revised Code, shall deduct
each district's tuition obligations under divisions (C)(2) and (3)
of this section or section 3313.65 of the Revised Code and pay to
the district of attendance that amount plus any amount required to
be paid by the state.
(K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(L) Nothing in this section requires or authorizes, or shall
be construed to require or authorize, the admission to a public
school in this state of a pupil who has been permanently excluded
from public school attendance by the superintendent of public
instruction pursuant to sections 3301.121 and 3313.662 of the
Revised Code.
(M) In accordance with division (B)(1) of this section, a
child whose parent is a member of the national guard or a reserve
unit of the armed forces of the United States and is called to
active duty, or a child whose parent is a member of the armed
forces of the United States and is ordered to a temporary duty
assignment outside of the district, may continue to attend school
in the district in which the child's parent lived before being
called to active duty or ordered to a temporary duty assignment
outside of the district, as long as the child's parent continues
to be a resident of that district, and regardless of where the
child lives as a result of the parent's active duty status or
temporary duty assignment. However, the district is not
responsible for providing transportation for the child if the
child lives outside of the district as a result of the parent's
active duty status or temporary duty assignment.
Sec. 3313.97. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or cooperative
education school district.
(A) As used in this section:
(1) "Parent" has the same meaning as in section 3313.64
3310.01 of the Revised Code.
(2) "Alternative school" means a school building other than
the one to which a student is assigned by the district
superintendent.
(3) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(B) The board of education of each city, local, and exempted
village school district shall adopt an open enrollment policy
allowing students entitled to attend school in the district
pursuant to section 3313.64 or 3313.65 of the Revised Code to
enroll in an alternative school. Each policy shall provide for the
following:
(1) Application procedures, including deadlines for
application and for notification of students and principals of
alternative schools whenever a student's application is accepted.
The policy shall require a student to apply only if the student
wishes to attend an alternative school.
(2) The establishment of district capacity limits by grade
level, school building, and education program;
(3) A requirement that students enrolled in a school building
or living in any attendance area of the school building
established by the superintendent or board be given preference
over applicants;
(4) Procedures to ensure that an appropriate racial balance
is maintained in the district schools.
Each policy may permit a student to permanently transfer to
an alternative school so that the student need not reapply
annually for permission to attend the alternative school.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting applicants to alternative
schools shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of disabling
conditions, except that a board may require a student receiving
services under Chapter 3323. of the Revised Code to attend school
where the services described in the student's IEP are available;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has been
subject to disciplinary proceedings, except that if an applicant
has been suspended or expelled for ten consecutive days or more in
the term for which admission is sought or in the term immediately
preceding the term for which admission is sought, the procedures
may include a provision denying admission of such applicant to an
alternative school.
(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and
except as provided in division (D)(2) of this section, a district
board is not required to provide transportation to a nondisabled
student enrolled in an alternative school unless such student can
be picked up and dropped off at a regular school bus stop
designated in accordance with the board's transportation policy or
unless the board is required to provide additional transportation
to the student in accordance with a court-approved desegregation
plan.
(2) A district board shall provide transportation to any
student described in 20 U.S.C. 6316(b)(1)(F) to the extent
required by division (E) of section 3302.04 of the Revised Code,
except that no district board shall be required to provide
transportation to any such student after the school in which the
student was enrolled immediately prior to enrolling in the
alternative school makes adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for two consecutive school
years.
(E) Each school board shall provide information about the
policy adopted under this section and the application procedures
and deadlines to the parent of each student in the district and to
the general public.
(F) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies.
Sec. 3313.974. As used in this section and in sections
3313.975 to 3313.979 of the Revised Code:
(A) "Individualized education program" and "child with a
disability" have the same meanings as in section 3323.01 of the
Revised Code.
(B) "Mainstreamed student with a disability" means a child
with a disability who has an individualized education program
providing for the student to spend more than half of each school
day in a regular school setting with nondisabled students.
(C) "Separately educated student with a disability" means a
child with a disability who has an individualized education
program providing for the student to spend at least half of each
school day in a class or setting separated from nondisabled
students.
(D) "Low-income family" means a family whose income is below
the level which the superintendent of public instruction shall
establish.
(E) "Parent" has the same meaning as in section 3313.98
3310.01 of the Revised Code.
(F) "Registered private school" means a school registered
with the superintendent of public instruction pursuant to section
3313.976 of the Revised Code.
(G) "Alternative school" means a registered private school
located in a school district or a public school located in an
adjacent school district.
(H) "Tutorial assistance" means instructional services
provided to a student outside of regular school hours approved by
the commission on school choice pursuant to section 3313.976 of
the Revised Code.
Sec. 3313.982. Notwithstanding division (C)(1) of section
3313.97 and division (C)(1) of section 3313.98 of the Revised
Code:
(A) Any school district board operating any schools on
October 1, 1989, admission to which was restricted to students
possessing certain academic, athletic, artistic, or other skills,
may continue to restrict admission to such schools.
(B) Any district board that did not operate any schools
described by division (A) of this section on October 1, 1989, and
that desires to begin restricting admission to any school on the
basis of student academic, athletic, artistic, or other skills,
may submit a plan proposing such restricted admission to the state
board of education. If the board finds that the plan will
generally promote increased educational opportunities for students
in the district and will not unduly restrict opportunities for
some students, it may approve the plan and the district board may
implement it during the next ensuing school year.
Sec. 3314.07. (A) The expiration of the contract for a
community school between a sponsor and a school shall be the date
provided in the contract. A successor contract may be entered into
pursuant to division (E) of section 3314.03 of the Revised Code
unless the contract is terminated or not renewed pursuant to this
section.
(B)(1) A sponsor may choose not to renew a contract at its
expiration or may choose to terminate a contract prior to its
expiration for any of the following reasons:
(a) Failure to meet student performance requirements stated
in the contract;
(b) Failure to meet generally accepted standards of fiscal
management;
(c) Violation of any provision of the contract or applicable
state or federal law;
(2) A sponsor may choose to terminate a contract prior to its
expiration if the sponsor has suspended the operation of the
contract under section 3314.072 of the Revised Code.
(3) Not later than the first day of February in the year in
which the sponsor intends to terminate or take actions not to
renew the community school's contract, the sponsor shall notify
the school of the proposed action in writing. The notice shall
include the reasons for the proposed action in detail, the
effective date of the termination or nonrenewal, and a statement
that the school may, within fourteen days of receiving the notice,
request an informal hearing before the sponsor. Such request must
be in writing. The informal hearing shall be held within fourteen
days of the receipt of a request for the hearing. Not later than
fourteen days after the informal hearing, the sponsor shall issue
a written decision either affirming or rescinding the decision to
terminate or not renew the contract.
(4) A decision by the sponsor to terminate a contract may be
appealed to the state board of education. The notice of appeal
shall be filed with the state board not later than fourteen days
following receipt of the sponsor's written decision to terminate
the contract. Within sixty days of receipt of the notice of
appeal, the state board shall conduct a hearing and issue a
written decision on the appeal. The written decision of the state
board shall include the reasons for affirming or rescinding the
decision of the sponsor. The decision by the state board
pertaining to an appeal under this division is final. If the
sponsor is the state board, its decision to terminate a contract
under division (B)(3) of this section shall be final.
(5) The termination of a contract under this section shall be
effective upon the occurrence of the later of the following
events:
(a) The date the sponsor notifies the school of its decision
to terminate the contract as prescribed in division (B)(3) of this
section;
(b) If an informal hearing is requested under division (B)(3)
of this section and as a result of that hearing the sponsor
affirms its decision to terminate the contract, the effective date
of the termination specified in the notice issued under division
(B)(3) of this section, or if that decision is appealed to the
state board under division (B)(4) of this section and the state
board affirms that decision, the date established in the
resolution of the state board affirming the sponsor's decision.
(6) Any community school whose contract is terminated under
division (B) of this section shall close permanently at the end of
the current school year or on a date specified in the notification
of termination under division (B)(3) of this section. Any
community school whose contract is terminated under this division
shall not enter into a contract with any other sponsor.
(C) A child attending a community school whose contract has
been terminated, nonrenewed, or suspended or that closes for any
reason shall be admitted to the schools of the district in which
the child is entitled to attend under section 3313.64 or 3313.65
of the Revised Code. Any deadlines established for the purpose of
admitting students under section 3313.97 or 3313.98 of the Revised
Code shall be waived for students to whom this division pertains.
(D) If a community school does not intend to renew a contract
with its sponsor, the community school shall notify its sponsor in
writing of that fact at least one hundred eighty days prior to the
expiration of the contract. Such a community school may enter into
a contract with a new sponsor in accordance with section 3314.03
of the Revised Code upon the expiration of the previous contract.
(E) A sponsor of a community school and the officers,
directors, or employees of such a sponsor are immune from civil
liability for any action authorized under this chapter or the
contract entered into with the school under section 3314.03 of the
Revised Code that is taken to fulfill the sponsor's responsibility
to oversee and monitor the school. The sponsor and its officers,
directors, or employees are not liable in damages in a tort or
other civil action for harm allegedly arising from either of the
following:
(1) A failure of the community school or any of its officers,
directors, or employees to perform any statutory or common law
duty or responsibility or any other legal obligation;
(2) An action or omission of the community school or any of
its officers, directors, or employees that results in harm.
(F) As used in this section:
(1) "Harm" means injury, death, or loss to person or
property.
(2) "Tort action" means a civil action for damages for
injury, death, or loss to person or property other than a civil
action for damages for a breach of contract or another agreement
between persons.
Sec. 3315.18. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall establish a capital and maintenance fund. Each board
annually shall deposit into that fund an amount derived from
revenues received by the district that would otherwise have been
deposited in the general fund that is equal to three per cent of
the formula amount for the preceding fiscal year, as defined in
section 3317.02 of the Revised Code, or another percentage if
established by the auditor of state under division (B) of this
section, multiplied by the district's student population for the
preceding fiscal year, except that money received from a permanent
improvement levy authorized by section 5705.21 of the Revised Code
may replace general revenue moneys in meeting the requirements of
this section. Money in the fund shall be used solely for
acquisition, replacement, enhancement, maintenance, or repair of
permanent improvements, as that term is defined in section 5705.01
of the Revised Code. Any money in the fund that is not used in any
fiscal year shall carry forward to the next fiscal year.
(B) The state superintendent of public instruction and the
auditor of state jointly shall adopt rules in accordance with
Chapter 119. of the Revised Code defining what constitutes
expenditures permitted by division (A) of this section. The
auditor of state may designate a percentage, other than three per
cent, of the formula amount multiplied by the district's student
population that must be deposited into the fund.
(C) Within its capital and maintenance fund, a school
district board of education may establish a separate account
solely for the purpose of depositing funds transferred from the
district's reserve balance account established under former
division (H) of section 5705.29 of the Revised Code. After April
10, 2001, a board may deposit all or part of the funds formerly
included in such reserve balance account in the separate account
established under this section. Funds deposited in this separate
account and interest on such funds shall be utilized solely for
the purpose of providing the district's portion of the basic
project costs of any project undertaken in accordance with Chapter
3318. of the Revised Code.
(D)(1) Notwithstanding division (A) of this section, in any
year a district is in fiscal emergency status as declared pursuant
to section 3316.03 of the Revised Code, the district may deposit
an amount less than required by division (A) of this section, or
make no deposit, into the district capital and maintenance fund
for that year.
(2) Notwithstanding division (A) of this section, in any
fiscal year that a school district is either in fiscal watch
status, as declared pursuant to section 3316.03 of the Revised
Code, or in fiscal caution status, as declared pursuant to section
3316.031 of the Revised Code, the district may apply to the
superintendent of public instruction for a waiver from the
requirements of division (A) of this section, under which the
district may be permitted to deposit an amount less than required
by that division or permitted to make no deposit into the district
capital and maintenance fund for that year. The superintendent may
grant a waiver under division (D)(2) of this section if the
district demonstrates to the satisfaction of the superintendent
that compliance with division (A) of this section that year will
create an undue financial hardship on the district.
(3) Notwithstanding division (A) of this section, not more
often than one fiscal year in every three consecutive fiscal
years, any school district that does not satisfy the conditions
for the exemption described in division (D)(1) of this section or
the conditions to apply for the waiver described in division
(D)(2) of this section may apply to the superintendent of public
instruction for a waiver from the requirements of division (A) of
this section, under which the district may be permitted to deposit
an amount less than required by that division or permitted to make
no deposit into the district capital and maintenance fund for that
year. The superintendent may grant a waiver under division (D)(3)
of this section if the district demonstrates to the satisfaction
of the superintendent that compliance with division (A) of this
section that year will necessitate the reduction or elimination of
a program currently offered by the district that is critical to
the academic success of students of the district and that no
reasonable alternatives exist for spending reductions in other
areas of operation within the district that negate the necessity
of the reduction or elimination of that program.
(E) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of agreements between
employee organizations and public employers entered into after
November 21, 1997.
(F) As used in this section, "student population" means the
average, daily, full-time equivalent number of students in
kindergarten through twelfth grade receiving any educational
services from the school district during the first full school
week in October, excluding students enrolled in adult education
classes, but including all of the following:
(1) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(2) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(3)(2) Students for whom tuition is payable pursuant to
sections 3317.081 and 3323.141 of the Revised Code.
The department of education shall determine a district's
student population using data reported to it under section 3317.03
of the Revised Code for the applicable fiscal year.
Sec. 3317.03. (A) The superintendent of each city, local,
and exempted village school district and of each educational
service center shall, for the schools under the superintendent's
supervision, certify to the state board of education on or before
the fifteenth day of October in each year for the first full
school week in October the average daily membership of students
receiving services from schools under the superintendent's
supervision, and the numbers of other students entitled to attend
school in the district under section 3313.64 or 3313.65 of the
Revised Code the superintendent is required to report under this
section, so that the department of education can calculate the
district's formula ADM. If a school under the superintendent's
supervision is closed for one or more days during that week due to
hazardous weather conditions or other circumstances described in
the first paragraph of division (B) of section 3317.01 of the
Revised Code, the superintendent may apply to the superintendent
of public instruction for a waiver, under which the superintendent
of public instruction may exempt the district superintendent from
certifying the average daily membership for that school for that
week and specify an alternate week for certifying the average
daily membership of that school.
The average daily membership during such week shall consist
of the sum of the following:
(1) On an FTE basis, the number of students in grades
kindergarten through twelve receiving any educational services
from the district, except that the following categories of
students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;. Division (A)(1)(b) of this section
does not apply after June 30, 2015.
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code.
(2) On an FTE basis, the number of students entitled to
attend school in the district pursuant to section 3313.64 or
3313.65 of the Revised Code, but receiving educational services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter 3314. of the
Revised Code, including any participation in a college pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division (I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except when the student is enrolled in the college while also
enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(d) An adjacent or other school district under an open
enrollment policy adopted pursuant to section 3313.98 of the
Revised Code;. Division (A)(2)(d) of this section does not apply
after June 30, 2015.
(e) An educational service center or cooperative education
district;
(f) Another school district under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under either section 3310.41
or sections 3310.51 to 3310.64 of the Revised Code.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 or 3310.51 of the Revised Code, as applicable.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(j) A college-preparatory boarding school established under
Chapter 3328. of the Revised Code.
(3) The number of students enrolled in a joint vocational
school district or under a vocational education compact, excluding
any students entitled to attend school in the district under
section 3313.64 or 3313.65 of the Revised Code who are enrolled in
another school district through an open enrollment policy as
reported under division (A)(2)(d) of this section and then enroll
in a joint vocational school district or under a vocational
education compact;
(4) The number of children with disabilities, other than
preschool children with disabilities, entitled to attend school in
the district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are placed by the district with a county DD board, minus
the number of such children placed with a county DD board in
fiscal year 1998. If this calculation produces a negative number,
the number reported under division (A)(4) of this section shall be
zero.
(B) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, in addition to the average daily membership, each
superintendent shall report separately the following student
counts for the same week for which average daily membership is
certified:
(1) The total average daily membership in regular learning
day classes included in the report under division (A)(1) or (2) of
this section for each of the individual grades kindergarten
through twelve in schools under the superintendent's supervision;
(2) The number of all preschool children with disabilities
enrolled as of the first day of December in classes in the
district that are eligible for approval under division (B) of
section 3317.05 of the Revised Code and the number of those
classes, which shall be reported not later than the fifteenth day
of December, in accordance with rules adopted under that section;
(3) The number of children entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are:
(a) Participating in a pilot project scholarship program
established under sections 3313.974 to 3313.979 of the Revised
Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised
Code, except when the student is enrolled in the college while
also enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(c) Enrolled in an adjacent or other school district under
section 3313.98 of the Revised Code;. Division (B)(3)(c) of this
section does not apply after June 30, 2015.
(d) Enrolled in a community school established under Chapter
3314. of the Revised Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in
such community school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a disability in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a program operated by a county DD board
or a state institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school;
(k) Enrolled in a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for the category one
disability described in division (A) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51
to 3310.64 of the Revised Code;
(6) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category two disabilities
described in division (B) of section 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under sections 3310.51 to 3310.64 of
the Revised Code;
(7) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category three
disabilities described in division (C) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51
to 3310.64 of the Revised Code;
(8) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category four
disabilities described in division (D) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51
to 3310.64 of the Revised Code;
(9) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for the category five
disabilities described in division (E) of section 3317.013 of the
Revised Code, including children attending a special education
program operated by an alternative public provider or a registered
private provider with a scholarship awarded under sections 3310.51
to 3310.64 of the Revised Code;
(10) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) and under
division (B)(3)(h) of this section receiving special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code, including children
attending a special education program operated by an alternative
public provider or a registered private provider with a
scholarship awarded under either section 3310.41 or sections
3310.51 to 3310.64 of the Revised Code;
(11) The average daily membership of pupils reported under
division (A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school district or by another district, other than a joint
vocational school district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported under
division (A)(1) or (2) of this section enrolled in category two
vocational education programs or services, described in division
(B) of section 3317.014 of the Revised Code, operated by the
school district or another school district, other than a joint
vocational school district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
Beginning with fiscal year 2010, vocational education ADM
shall not be used to calculate a district's funding but shall be
reported under divisions (B)(11) and (12) of this section for
statistical purposes.
(13) The average number of children transported by the school
district on board-owned or contractor-owned and -operated buses,
reported in accordance with rules adopted by the department of
education;
(14)(a) The number of children, other than preschool children
with disabilities, the district placed with a county DD board in
fiscal year 1998;
(b) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category two disabilities described in division (B)
of section 3317.013 of the Revised Code;
(d) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code.
(C)(1) The average daily membership in divisions (B)(1) to
(12) of this section shall be based upon the number of full-time
equivalent students. The state board of education shall adopt
rules defining full-time equivalent students and for determining
the average daily membership therefrom for the purposes of
divisions (A), (B), and (D) of this section. Each student enrolled
in kindergarten shall be counted as one full-time equivalent
student regardless of whether the student is enrolled in a
part-day or all-day kindergarten class.
(2) A student enrolled in a community school established
under Chapter 3314., a science, technology, engineering, and
mathematics school established under Chapter 3326., or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code shall be counted in the formula ADM and,
if applicable, the category one, two, three, four, five, or six
special education ADM of the school district in which the student
is entitled to attend school under section 3313.64 or 3313.65 of
the Revised Code for the same proportion of the school year that
the student is counted in the enrollment of the community school,
the science, technology, engineering, and mathematics school, or
the college-preparatory boarding school for purposes of section
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding
the number of students reported pursuant to division (B)(3)(d),
(e), (j), or (k) of this section, the department may adjust the
formula ADM of a school district to account for students entitled
to attend school in the district under section 3313.64 or 3313.65
of the Revised Code who are enrolled in a community school, a
science, technology, engineering, and mathematics school, or a
college-preparatory boarding school for only a portion of the
school year.
(3) No child shall be counted as more than a total of one
child in the sum of the average daily memberships of a school
district under division (A), divisions (B)(1) to (12), or division
(D) of this section, except as follows:
(a) A child with a disability described in section 3317.013
of the Revised Code may be counted both in formula ADM and in
category one, two, three, four, five, or six special education ADM
and, if applicable, in category one or two vocational education
ADM. As provided in division (C) of section 3317.02 of the Revised
Code, such a child shall be counted in category one, two, three,
four, five, or six special education ADM in the same proportion
that the child is counted in formula ADM.
(b) A child enrolled in vocational education programs or
classes described in section 3317.014 of the Revised Code may be
counted both in formula ADM and category one or two vocational
education ADM and, if applicable, in category one, two, three,
four, five, or six special education ADM. Such a child shall be
counted in category one or two vocational education ADM in the
same proportion as the percentage of time that the child spends in
the vocational education programs or classes.
(4) Based on the information reported under this section, the
department of education shall determine the total student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district shall certify to the superintendent of public instruction
on or before the fifteenth day of October in each year for the
first full school week in October the formula ADM, for purposes of
section 3318.42 of the Revised Code and for any other purpose
prescribed by law for which "formula ADM" of the joint vocational
district is a factor. If a school operated by the joint vocational
school district is closed for one or more days during that week
due to hazardous weather conditions or other circumstances
described in the first paragraph of division (B) of section
3317.01 of the Revised Code, the superintendent may apply to the
superintendent of public instruction for a waiver, under which the
superintendent of public instruction may exempt the district
superintendent from certifying the formula ADM for that school for
that week and specify an alternate week for certifying the formula
ADM of that school.
The formula ADM, except as otherwise provided in this
division, shall consist of the average daily membership during
such week, on an FTE basis, of the number of students receiving
any educational services from the district, including students
enrolled in a community school established under Chapter 3314. or
a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code who are
attending the joint vocational district under an agreement between
the district board of education and the governing authority of the
community school or the governing body of the science, technology,
engineering, and mathematics school and are entitled to attend
school in a city, local, or exempted village school district whose
territory is part of the territory of the joint vocational
district.
The following categories of students shall not be included in
the determination made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled in the district under an open enrollment policy pursuant
to section 3313.98 of the Revised Code;. Division (D)(1)(b) of
this section does not apply after June 30, 2015.
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in a city, local, or exempted
village school district whose territory is not part of the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter, in addition to the formula ADM, each superintendent shall
report separately the average daily membership included in the
report under division (D)(1) of this section for each of the
following categories of students for the same week for which
formula ADM is certified:
(a) Students enrolled in each individual grade included in
the joint vocational district schools;
(b) Children with disabilities receiving special education
services for the category one disability described in division (A)
of section 3317.013 of the Revised Code;
(c) Children with disabilities receiving special education
services for the category two disabilities described in division
(B) of section 3317.013 of the Revised Code;
(d) Children with disabilities receiving special education
services for category three disabilities described in division (C)
of section 3317.013 of the Revised Code;
(e) Children with disabilities receiving special education
services for category four disabilities described in division (D)
of section 3317.013 of the Revised Code;
(f) Children with disabilities receiving special education
services for the category five disabilities described in division
(E) of section 3317.013 of the Revised Code;
(g) Children with disabilities receiving special education
services for category six disabilities described in division (F)
of section 3317.013 of the Revised Code;
(h) Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or exempted village school
district in which each joint vocational district pupil is entitled
to attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the purpose
of determining average daily membership, the membership figure of
any school shall not include any pupils except those pupils
described by division (A) of this section. The record of
membership for each school shall be maintained in such manner that
no pupil shall be counted as in membership prior to the actual
date of entry in the school and also in such manner that where for
any cause a pupil permanently withdraws from the school that pupil
shall not be counted as in membership from and after the date of
such withdrawal. There shall not be included in the membership of
any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by division (E)(4) of this
section elects to enroll in special courses organized for veterans
for whom tuition is paid under the provisions of federal laws, or
otherwise, that veteran shall not be included in average daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take an
assessment required by section 3301.0711 of the Revised Code if
the superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410 of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
Except as provided in divisions (B)(2) and (F) of this
section, the average daily membership figure of any local, city,
exempted village, or joint vocational school district shall be
determined by dividing the figure representing the sum of the
number of pupils enrolled during each day the school of attendance
is actually open for instruction during the week for which the
average daily membership is being certified by the total number of
days the school was actually open for instruction during that
week. For purposes of state funding, "enrolled" persons are only
those pupils who are attending school, those who have attended
school during the current school year and are absent for
authorized reasons, and those children with disabilities currently
receiving home instruction.
The average daily membership figure of any cooperative
education school district shall be determined in accordance with
rules adopted by the state board of education.
(F)(1) If the formula ADM for the first full school week in
February is at least three per cent greater than that certified
for the first full school week in the preceding October, the
superintendent of schools of any city, exempted village, or joint
vocational school district or educational service center shall
certify such increase to the superintendent of public instruction.
Such certification shall be submitted no later than the fifteenth
day of February. For the balance of the fiscal year, beginning
with the February payments, the superintendent of public
instruction shall use the increased formula ADM in calculating or
recalculating the amounts to be allocated in accordance with
section 3317.022 or 3317.16 of the Revised Code. In no event shall
the superintendent use an increased membership certified to the
superintendent after the fifteenth day of February. Division
(F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number of
classes or units for preschool children with disabilities that are
eligible for approval under division (B) of section 3317.05 of the
Revised Code exceeds the number of units that have been approved
for the year under that division, the superintendent of schools of
any city, exempted village, or cooperative education school
district or educational service center shall make the
certifications required by this section for that day. If the
department determines additional units can be approved for the
fiscal year within any limitations set forth in the acts
appropriating moneys for the funding of such units, the department
shall approve additional units for the fiscal year on the basis of
such average daily membership. For each unit so approved, the
department shall pay an amount computed in the manner prescribed
in section 3317.052 or 3317.19 and section 3317.053 of the Revised
Code.
(3) If a student attending a community school under Chapter
3314., a science, technology, engineering, and mathematics school
established under Chapter 3326., or a college-preparatory boarding
school established under Chapter 3328. of the Revised Code is not
included in the formula ADM certified for the school district in
which the student is entitled to attend school under section
3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the student in accordance with division (C)(2) of this
section, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM. This requirement applies regardless of
whether the student was enrolled, as defined in division (E) of
this section, in the community school, the science, technology,
engineering, and mathematics school, or the college-preparatory
boarding school during the week for which the formula ADM is being
certified.
(4) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter for
the entire fiscal year on the basis of that adjusted formula ADM.
This requirement applies regardless of whether the student was
enrolled, as defined in division (E) of this section, in the
chartered nonpublic school, the school district, or a community
school during the week for which the formula ADM is being
certified.
(5) If a student awarded a scholarship under the Jon Peterson
special needs scholarship program is not included in the formula
ADM of the school district from which the department deducts funds
for the scholarship under section 3310.55 of the Revised Code, the
department shall adjust the formula ADM of that school district to
include the student to the extent necessary to account for the
deduction, and shall recalculate the school district's payments
under this chapter for the entire fiscal year on the basis of that
adjusted formula ADM. This requirement applies regardless of
whether the student was enrolled, as defined in division (E) of
this section, in an alternative public provider, a registered
private provider, or the school district during the week for which
the formula ADM is being certified.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such superintendent's
supervision, certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The average daily membership of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of
disability described in divisions (A) to (F) of section 3317.013
of the Revised Code;
(ii) The average daily membership of all preschool children
with disabilities in classes or programs approved annually by the
department of education for unit funding under section 3317.05 of
the Revised Code.
(b) The superintendent of an institution with vocational
education units approved under division (A) of section 3317.05 of
the Revised Code shall, for the units under the superintendent's
supervision, certify to the state board of education the average
daily membership in those units, in the manner prescribed by the
superintendent of public instruction.
(2) The superintendent of each county DD board that maintains
special education classes under section 3317.20 of the Revised
Code or units approved pursuant to section 3317.05 of the Revised
Code shall do both of the following:
(a) Certify to the state board, in the manner prescribed by
the board, the average daily membership in classes under section
3317.20 of the Revised Code for each school district that has
placed children in the classes;
(b) Certify to the state board, in the manner prescribed by
the board, the number of all preschool children with disabilities
enrolled as of the first day of December in classes eligible for
approval under division (B) of section 3317.05 of the Revised
Code, and the number of those classes.
(3)(a) If on the first school day of April the number of
classes or units maintained for preschool children with
disabilities by the county DD board that are eligible for approval
under division (B) of section 3317.05 of the Revised Code is
greater than the number of units approved for the year under that
division, the superintendent shall make the certification required
by this section for that day.
(b) If the department determines that additional classes or
units can be approved for the fiscal year within any limitations
set forth in the acts appropriating moneys for the funding of the
classes and units described in division (G)(3)(a) of this section,
the department shall approve and fund additional units for the
fiscal year on the basis of such average daily membership. For
each unit so approved, the department shall pay an amount computed
in the manner prescribed in sections 3317.052 and 3317.053 of the
Revised Code.
(H) Except as provided in division (I) of this section, when
any city, local, or exempted village school district provides
instruction for a nonresident pupil whose attendance is
unauthorized attendance as defined in section 3327.06 of the
Revised Code, that pupil's membership shall not be included in
that district's membership figure used in the calculation of that
district's formula ADM or included in the determination of any
unit approved for the district under section 3317.05 of the
Revised Code. The reporting official shall report separately the
average daily membership of all pupils whose attendance in the
district is unauthorized attendance, and the membership of each
such pupil shall be credited to the school district in which the
pupil is entitled to attend school under division (B) of section
3313.64 or section 3313.65 of the Revised Code as determined by
the department of education.
(I)(1) A city, local, exempted village, or joint vocational
school district admitting a scholarship student of a pilot project
district pursuant to division (C) of section 3313.976 of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year
pursuant to sections 3313.974 to 3313.979 of the Revised Code may
count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend an
alternative school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a manner prescribed by the state board of
education, the applicable average daily memberships for all
students in the cooperative education district, also indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
(K) If the superintendent of public instruction determines
that a component of the average daily membership certified or
reported by a district superintendent, or other reporting entity,
is not correct, the superintendent of public instruction may order
that the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
Sec. 3318.011. For purposes of providing assistance under
sections 3318.01 to 3318.20 of the Revised Code, the department of
education shall annually do all of the following:
(A) Calculate the adjusted valuation per pupil of each city,
local, and exempted village school district according to the
following formula:
The district's valuation per pupil -
[$30,000 X (1 - the district's income factor)].
For purposes of this calculation:
(1) Except for a district with an open enrollment net gain
that is ten per cent or more of its formula ADM, "valuation per
pupil" for a district means its average taxable value, divided by
its formula ADM for the previous fiscal year. "Valuation per
pupil," for a district with an open enrollment net gain that is
ten per cent or more of its formula ADM, means its average taxable
value, divided by the sum of its formula ADM for the previous
fiscal year plus its open enrollment net gain for the previous
fiscal year.
(2) "Average taxable value" means the average of the sum of
the amounts certified for a district under divisions (A)(1) and
(2) of section 3317.021 of the Revised Code in the second, third,
and fourth preceding fiscal years.
(3) "Entitled to attend school" means entitled to attend
school in a city, local, or exempted village school district under
section 3313.64 or 3313.65 of the Revised Code.
(4) "Formula ADM" and "income factor" have the same meanings
as in section 3317.02 of the Revised Code.
(5) "Native student" has the same meaning as in former
section 3313.98 of the Revised Code.
(6) "Open enrollment net gain" for a district means (a) the
number of the students entitled to attend school in another
district but who are enrolled in the schools of the district under
its open enrollment policy minus (b) the number of the district's
native students who are enrolled in the schools of another
district under the other district's open enrollment policy, both
numbers as certified to the department under former section
3313.981 of the Revised Code. If the difference is a negative
number, the district's "open enrollment net gain" is zero. For
fiscal years after fiscal year 2015, every district's open
enrollment net gain is zero.
(7) "Open enrollment policy" means an interdistrict open
enrollment policy adopted under former section 3313.98 of the
Revised Code.
(B) Calculate for each district the three-year average of the
adjusted valuations per pupil calculated for the district for the
current and two preceding fiscal years;
(C) Rank all such districts in order of adjusted valuation
per pupil from the district with the lowest three-year average
adjusted valuation per pupil to the district with the highest
three-year average adjusted valuation per pupil;
(D) Divide such ranking into percentiles with the first
percentile containing the one per cent of school districts having
the lowest three-year average adjusted valuations per pupil and
the one-hundredth percentile containing the one per cent of school
districts having the highest three-year average adjusted
valuations per pupil;
(E) Determine the school districts that have three-year
average adjusted valuations per pupil that are greater than the
median three-year average adjusted valuation per pupil for all
school districts in the state;
(F) On or before the first day of September, certify the
information described in divisions (A) to (E) of this section to
the Ohio school facilities commission.
Sec. 3323.143. If a child with a disability's custodial
parent has made a unilateral placement of the child, the parent
shall be responsible for payment of tuition to the program or
facility the child is attending as a result of that placement as
long as the district of residence has offered a free appropriate
public education to that child. As used in this section,
"unilateral placement" means withdrawing a child with a disability
from a program or facility operated by the district of residence
or from a program or facility with which the district of residence
has arranged for education of the child and instead enrolling that
child in another program or facility that is not a home, as
defined in section 3313.64 of the Revised Code, or that is not a
facility or program available to the child pursuant to an open
enrollment policy under section 3313.98 or 3313.983 of the Revised
Code.
Sec. 3326.51. (A) As used in this section:
(1) "Resident district" has the same meaning as in section
3326.31 of the Revised Code.
(2) "STEM school sponsoring district" means a municipal,
city, local, exempted village, or joint vocational school district
that governs and controls a STEM school pursuant to this section.
(B) Notwithstanding any other provision of this chapter to
the contrary:
(1) If a proposal for a STEM school submitted under section
3326.03 of the Revised Code proposes that the governing body of
the school be the board of education of a municipal, city, local,
exempted village, or joint vocational school district that is one
of the partners submitting the proposal, and the STEM committee
approves that proposal, that school district board shall govern
and control the STEM school as one of the schools of its district.
(2) The STEM school sponsoring district shall maintain a
separate accounting for the STEM school as a separate and distinct
operational unit within the district's finances. The auditor of
state, in the course of an annual or biennial audit of the school
district serving as the STEM school sponsoring district, shall
audit that school district for compliance with the financing
requirements of this section.
(3) With respect to students enrolled in a STEM school whose
resident district is the STEM school sponsoring district:
(a) The department of education shall make no deductions
under section 3326.33 of the Revised Code from the STEM school
sponsoring district's state payments.
(b) The STEM school sponsoring district shall ensure that it
allocates to the STEM school funds equal to or exceeding the
amount that would be calculated pursuant to division (B) of
section 3313.981 sections 3326.31 to 3326.49 of the Revised Code
for the students attending the school whose resident district is
the STEM school sponsoring district.
(c) The STEM school sponsoring district is responsible for
providing children with disabilities with a free appropriate
public education under Chapter 3323. of the Revised Code.
(d) The STEM school sponsoring district shall provide student
transportation in accordance with laws and policies generally
applicable to the district.
(4) With respect to students enrolled in the STEM school
whose resident district is another school district, the department
shall make no payments or and deductions under sections 3326.31 to
3326.49 of the Revised Code. Instead, the students shall be
considered as open enrollment students and the department shall
make payments and deductions in accordance with section 3313.981
of the Revised Code. The STEM school sponsoring district shall
allocate the payments to the STEM school. The STEM school
sponsoring district may enter into financial agreements with the
students' resident districts, which agreements may provide
financial support in addition to the funds received from the open
enrollment calculation under sections 3326.31 to 3326.49 of the
Revised Code. The STEM school sponsoring district shall allocate
all such additional funds to the STEM school.
(5) Where the department is required to make, deny, reduce,
or adjust payments to a STEM school sponsoring district pursuant
to this section, it shall do so in such a manner that the STEM
school sponsoring district may allocate that action to the STEM
school.
(6) A STEM school sponsoring district and its board may
assign its district employees to the STEM school, in which case
section 3326.18 of the Revised Code shall not apply. The district
and board may apply any other resources of the district to the
STEM school in the same manner that it applies district resources
to other district schools.
(7) Provisions of this chapter requiring a STEM school and
its governing body to comply with specified laws as if it were a
school district and in the same manner as a board of education
shall instead require such compliance by the STEM school
sponsoring district and its board of education, respectively, with
respect to the STEM school. Where a STEM school or its governing
body is required to perform a specific duty or permitted to take a
specific action under this chapter, that duty is required to be
performed or that action is permitted to be taken by the STEM
school sponsoring district or its board of education,
respectively, with respect to the STEM school.
(8) No provision of this chapter limits the authority, as
provided otherwise by law, of a school district and its board of
education to levy taxes and issue bonds secured by tax revenues.
(9) The treasurer of the STEM school sponsoring district or,
if the STEM school sponsoring district is a municipal school
district, the chief financial officer of the district, shall have
all of the respective rights, authority, exemptions, and duties
otherwise conferred upon the treasurer or chief financial officer
by the Revised Code.
Sec. 3327.05. (A) Except as provided in division (B) of this
section, no board of education of any school district shall
provide transportation for any pupil who is a school resident of
another school district unless the pupil is enrolled pursuant to
section 3313.98 of the Revised Code or the board of the other
district has given its written consent thereto. If the board of
any school district files with the state board of education a
written complaint that transportation for resident pupils is being
provided by the board of another school district contrary to this
division, the state board of education shall make an investigation
of such complaint. If the state board of education finds that
transportation is being provided contrary to this section, it may
withdraw from state funds due the offending district any part of
the amount that has been approved for transportation pursuant to
section 3317.0212 of the Revised Code or other provisions of law.
(B) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this division
does not apply to any joint vocational or cooperative education
school district.
A board of education may provide transportation to and from
the nonpublic school of attendance if both of the following apply:
(1) The parent, guardian, or other person in charge of the
pupil agrees to pay the board for all costs incurred in providing
the transportation that are not reimbursed pursuant to Chapter
3317. of the Revised Code;
(2) The pupil's school district of residence does not provide
transportation for public school pupils of the same grade as the
pupil being transported under this division, or that district is
not required under section 3327.01 of the Revised Code to
transport the pupil to and from the nonpublic school because the
direct travel time to the nonpublic school is more than thirty
minutes.
Upon receipt of the request to provide transportation, the
board shall review the request and determine whether the board
will accommodate the request. If the board agrees to transport the
pupil, the board may transport the pupil to and from the nonpublic
school and a collection point in the district, as determined by
the board. If the board transports the pupil, the board may
include the pupil in the district's transportation ADM reported to
the department of education under section 3317.03 of the Revised
Code and, accordingly, may receive a state payment under section
3317.0212 of the Revised Code or other provisions of law for
transporting the pupil.
If the board declines to transport the pupil, the board, in a
written communication to the parent, guardian, or other person in
charge of the pupil, shall state the reasons for declining the
request.
Sec. 3365.01. As used in this chapter:
(A) "College" means any state-assisted college or university
described in section 3333.041 of the Revised Code, any nonprofit
institution holding a certificate of authorization pursuant to
Chapter 1713. of the Revised Code, any private institution exempt
from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the Revised Code, and any
institution holding a certificate of registration from the state
board of career colleges and schools and program authorization for
an associate or bachelor's degree program issued under section
3332.05 of the Revised Code.
(B) "School district," except as specified in division (G) of
this section, means any school district to which a student is
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of
the Revised Code and does not include a joint vocational or
cooperative education school district.
(C) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(D) "Participant" means a student enrolled in a college under
the post-secondary enrollment options program established by this
chapter.
(E) "Secondary grade" means the ninth through twelfth grades.
(F) "School foundation payments" means the amount required to
be paid to a school district for a fiscal year under Chapter 3317.
of the Revised Code.
(G) "Tuition base" means, with respect to a participant's
school district, the sum of the formula amount plus the per pupil
amount of the base funding supplements specified in divisions
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal
year 2009.
The participant's "school district" in the case of a
participant enrolled in a community school shall be the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code.
(H) "Educational program" means enrollment in one or more
school districts, in a nonpublic school, or in a college under
division (B) of section 3365.04 of the Revised Code.
(I) "Nonpublic school" means a chartered or nonchartered
school for which minimum standards are prescribed by the state
board of education pursuant to division (D) of section 3301.07 of
the Revised Code.
(J) "School year" means the year beginning on the first day
of July and ending on the thirtieth day of June.
(K) "Community school" means any school established pursuant
to Chapter 3314. of the Revised Code that includes secondary
grades.
(L) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code.
Section 3. That existing sections 3310.01, 3310.06, 3313.64,
3313.97, 3313.974, 3313.982, 3314.07, 3315.18, 3317.03, 3318.011,
3323.143, 3326.51, 3327.05, and 3365.01 of the Revised Code are
hereby repealed.
Section 4. (A) Sections 2 and 3 of this act shall take effect
July 1, 2015.
(B) Sections 3313.98, 3313.981, 3313.983, and 3313.984 of the
Revised Code are hereby repealed, effective July 1, 2015.
(C) It is the intent of the General Assembly to determine
renewal of interdistrict open enrollment laws following its
examination of the Department of Education's findings under
section 3313.984 of the Revised Code.
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